Chapter 20.173
MARIJUANA REGULATIONS
Sections:
20.173.030 Uses conditionally permitted by zone.
20.173.035 Rezones prohibited.
20.173.045 Land divisions prohibited.
20.173.050 State license required.
20.173.055 Conditional use permits required.
20.173.056 Total number of conditional use permits limited.
20.173.060 General requirements.
20.173.070 Production facility requirements.
20.173.080 Processing facility requirements.
20.173.090 Retail outlet requirements.
20.173.095 General facility requirements.
20.173.200 Applications for marijuana facilities – Additional requirements.
20.173.300 Notice of application/hearing.
20.173.800 Additional processing fees.
20.173.010 Purpose.
The purpose of this chapter is to address Initiative 502 passed by Washington voters at the November 6, 2012, general election (2013 Wash. Sess. Laws, Ch. 3), the Cannabis Patient Protection Act (2015 Wash. Sess. Laws, Ch. 70), and the Marijuana Market Reforms Act (2015 Wash. Sess. Laws, Ch. 4), by identifying land use zones and establishing regulations relating to locations where marijuana processing facilities, marijuana production facilities, marijuana retail outlets, and similar facilities are not prohibited in the city of Walla Walla. Nothing herein shall be construed as authority to violate any United States law. Affirmative terminology used in this chapter regarding permitting, licensing, authorization, and similar terms shall not be construed as approval, support, endorsement, or encouragement of the activities therein addressed. Such terms shall instead be construed only to describe circumstances under which there is conditional absence of local prohibition. The city of Walla Walla does not hereby intend to aid, abet, counsel, command, induce or procure any offense against the United States. The city of Walla Walla also does not hereby intend to conspire with any marijuana producer, processor, or retailer to commit any offense against the United States. The purpose of this chapter is to establish local laws which protect public health, safety, and welfare to the greatest extent allowed by a Washington State law that cannot be reconciled with United States law. Nothing herein shall be construed to supersede United States law prohibiting the possession, use, manufacture, or sale of marijuana. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.020 Definitions.
For purposes of this code, the following definitions are established:
A. “Child care center” means an entity that regularly provides child day care and early learning services for a group of children for periods of less than twenty-four hours licensed by the Washington State Department of Early Learning under Chapter 170-295 WAC.
B. “Cooperative (marijuana)” means a group of no more than four qualifying patients and/or designated providers who share responsibility for growing and processing marijuana only for the medical use of the members of the cooperative.
C. “Elementary school” means a school for early education that provides the first four to eight years of basic education and recognized by the Washington State Superintendent of Public Instruction.
D. “Game arcade” means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under twenty-one years of age are not restricted.
E. “Library” means an organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation.
F. “Marijuana processing facility” means any building, facility or location used to process marijuana into useable marijuana and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers.
G. “Marijuana production facility” means any building, facility or location used to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.
H. “Marijuana retail outlet” means any building, facility or location used to sell useable marijuana and marijuana-infused products to the public.
I. “Perimeter” means the property lines that enclose an area.
J. “Playground” means a public outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a city, county, state, or federal government.
K. “Public park” means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a city, county, state, federal government, or metropolitan park district. Public park does not include trails.
L. “Public transit center” means a facility located outside of the public right-of-way that is owned and managed by a transit agency or city, county, state, or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers.
M. “Recreation center or facility” means a supervised center that provides a broad range of activities and events intended primarily for use by persons under twenty-one years of age, owned and/or managed by a charitable nonprofit organization, city, county, state, or federal government.
N. “Secondary school” means a high and/or middle school: A school for students who have completed their primary education, usually attended by children in grades seven to twelve and recognized by the Washington State Superintendent of Public Instruction. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.030 Uses conditionally permitted by zone.
This table determines the level of review by which applications for various types of marijuana processors, producers, and retailers will be processed. If a zone is not listed in the table, uses are not permitted in that zone. If a listed zone contains the symbol “X” in a cell corresponding to a particular type of use, that type of use is not permitted in that zone.
All uses listed in this table are conditional uses. The conditional use process is found in Chapter 20.216. The “Level III” review process is found in Chapter 20.26. Uses listed as Level III review process will go through site plan review automatically. Level III uses must meet the requirements of this chapter in addition to all other requirements of this code that may apply.
|
|
Central Commercial |
Highway Commercial |
Light Industrial Commercial |
Heavy Industrial |
Airport Development |
|---|---|---|---|---|---|
|
Marijuana processing facility |
X |
Level III |
Level III |
Level III |
X |
|
Marijuana production facility |
X |
Level III |
Level III |
X |
Level III |
|
Marijuana retail outlet (1) |
X |
Level III |
X |
X |
X |
|
Marijuana cooperatives |
X |
X |
X |
X |
X |
|
NOTES: (1) Includes marijuana retail outlets which have been issued a medical marijuana endorsement by the State Liquor and Cannabis Board. |
|||||
The uses that may be conditionally allowed in zones identified in the foregoing table are restricted to those zones and may not be allowed in other zones as a nonconforming situation, or by rezone, variance, special use permit, special exception, or any other type of license or authorization, of any kind whatsoever. Marijuana processing facilities, marijuana production facilities, and marijuana retail outlets are not allowed in public reserve zones, residential zones, or the central commercial zone. Marijuana cooperatives are not allowed in any zone. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.035 Rezones prohibited.
No property located in a zoning district where marijuana processing facilities, marijuana production facilities, or marijuana retail outlets are prohibited may be rezoned to a zoning classification in which such uses might be conditionally allowed. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.040 Buffer zones.
No marijuana processing facility, marijuana production facility or marijuana retail outlet may be located within one thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or any game arcade. The distance shall be measured as the shortest straight line distance from the property line of the facility or outlet to the property line of the elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or any game arcade. The foregoing are continuing requirements in order to maintain a permit. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.045 Land divisions prohibited.
No property located within one thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or any game arcade may be divided or adjusted by subdivision, preliminary or final plat, short plat, boundary adjustment, binding site plan, planned unit development, or development authorization, permit, or other method, of any kind whatsoever, for the purpose of creating a lot or lots lying outside such one-thousand-foot buffer zone. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.050 State license required.
A. Marijuana Processing Facilities.
1. No person or entity may own or operate a marijuana processing facility in the city of Walla Walla unless that person or entity holds a valid marijuana processor license issued by the State Liquor and Cannabis Board.
2. No person or entity may apply for a marijuana processing facility permit, receive a permit, or hold a permit unless the city of Walla Walla is provided with written confirmation by the State Liquor and Cannabis Board that it intends to issue a license to the person or entity upon satisfaction of specified conditions.
B. Marijuana Production Facilities.
1. No person or entity may own or operate a marijuana production facility in the city of Walla Walla unless that person or entity holds a valid marijuana producer license issued by the State Liquor and Cannabis Board.
2. No person or entity may apply for a marijuana production facility permit, receive a permit, or hold a permit unless the city of Walla Walla is provided with written confirmation by the State Liquor and Cannabis Board that it intends to issue a license to the person or entity upon satisfaction of specified conditions.
C. Marijuana Retail Outlets.
1. No person or entity may own or operate a marijuana retail outlet in the city of Walla Walla unless that person or entity holds a valid marijuana retailer license issued by the State Liquor and Cannabis Board.
2. No person or entity may apply for a marijuana retail outlet permit, receive a permit, or hold a permit unless the city of Walla Walla is provided with written confirmation by the State Liquor and Cannabis Board that it intends to issue a license to the person or entity upon satisfaction of specified conditions.
D. The foregoing are continuing requirements in order to maintain a permit. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.055 Conditional use permits required.
A. Marijuana Processing Facilities.
1. No person or entity may own or operate a marijuana processing facility in the city of Walla Walla unless that person or entity holds a valid conditional use permit issued by the city of Walla Walla.
2. No conditional use permit issued by the city of Walla Walla for a marijuana processing facility shall be construed as authorization or approval by the city of Walla Walla or any local official for the recipient of the permit to own or operate a marijuana processing facility. It is a violation of federal law to own or operate a marijuana processing facility. A conditional use permit constitutes only a determination by the city and its local officials of the circumstances under which they will not commence enforcement proceedings to prevent ownership or operation of a marijuana processing facility if the conditions of the permit and all other state and local requirements are satisfied.
B. Marijuana Production Facilities.
1. No person or entity may own or operate a marijuana production facility in the city of Walla Walla unless that person or entity holds a valid conditional use permit issued by the city of Walla Walla.
2. No conditional use permit issued by the city of Walla Walla for a marijuana production facility shall be construed as authorization or approval by the city of Walla Walla or any local official for the recipient of the permit to own or operate a marijuana production facility. It is a violation of federal law to own or operate a marijuana production facility. A conditional use permit constitutes only a determination by the city and its local officials of the circumstances under which they will not commence enforcement proceedings to prevent ownership or operation of a marijuana production facility if the conditions of the permit and all other state and local requirements are satisfied.
C. Marijuana Retail Outlets.
1. No person or entity may own or operate a marijuana retail outlet in the city of Walla Walla unless that person or entity holds a valid conditional use permit issued by the city of Walla Walla.
2. No conditional use permit issued by the city of Walla Walla for a marijuana retail outlet shall be construed as authorization or approval by the city of Walla Walla or any local official for the recipient of the permit to own or operate a marijuana retail outlet. It is a violation of federal law to own or operate a marijuana retail outlet. A conditional use permit constitutes only a determination by the city and its local officials of the circumstances under which they will not commence enforcement proceedings to prevent ownership or operation of a marijuana retail outlet if the conditions of the permit and all other state and local requirements are satisfied. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.056 Total number of conditional use permits limited.
The maximum amount of conditional use permits that may be issued in the city of Walla Walla may not exceed the maximum number of marijuana retailer licenses, as determined by the Liquor and Cannabis Board allocation system, regardless of the number of applicants. No application for a marijuana retail outlet may be approved during any period when the maximum conditional use permits are already in effect. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.060 General requirements.
A. Marijuana production facilities must satisfy all of the requirements for marijuana production under regulations and rules promulgated by the State Liquor and Cannabis Board.
B. Marijuana processing facilities must satisfy all of the requirements for marijuana processing under regulations and rules promulgated by the State Liquor and Cannabis Board.
C. Marijuana retail outlets must satisfy all of the requirements for marijuana retailers under regulations and rules promulgated by the State Liquor and Cannabis Board.
D. The foregoing are continuing requirements in order to maintain a permit. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.070 Production facility requirements.
A. Marijuana production facilities must be either:
1. Fully enclosed secure indoor facilities or greenhouses with rigid walls, roofs, and doors; or
2. Nonrigid greenhouses enclosed by a secure physical barrier, or other structures enclosed by a secure physical barrier which satisfy the security requirements of Chapter 314-55 WAC.
B. The foregoing are continuing requirements in order to maintain a permit.
C. No outdoor production shall be allowed. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.080 Processing facility requirements.
Marijuana processing facilities must be fully enclosed secure indoor facilities. The foregoing is a continuing requirement in order to maintain a permit. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.090 Retail outlet requirements.
A. Marijuana retail outlets must be fully enclosed secure indoor facilities.
B. Marijuana retail outlets shall not display any signage in a window, on a door, or on the outside of the premises of any retail outlet that is visible to the general public from a public right-of-way, other than two signs no larger than one thousand six hundred square inches each identifying the retail outlet by the licensee’s business or trade name. Signs must also meet all other requirements of city of Walla Walla sign regulations; provided, that signage limitations and restrictions established by this section or rules and regulations promulgated by the State Liquor and Cannabis Board shall supersede less restrictive city sign regulations.
C. Signs must contain text stating that marijuana products may be purchased or possessed only by persons twenty-one years of age or older.
D. Marijuana retail outlets shall not display useable marijuana or marijuana infused products in a manner that is visible to the general public from a public right-of-way.
E. The foregoing are continuing requirements in order to maintain a permit. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.095 General facility requirements.
The following requirements apply to all facilities used or intended to be used for or as marijuana production facilities, marijuana processing facilities, or marijuana retail outlets:
A. No outdoor facilities are allowed;
B. No temporary structures are allowed;
C. Facilities may be located only in buildings and structures that are mounted or permanently affixed to a foundation;
D. Facilities may not be located in storage containers, cargo trailers, or other vessels previously used or designed for use in the packing, shipping, movement or transportation of freight, articles, goods or commodities;
E. Facilities may not be located in motor vehicles; and
F. Facilities must be connected to approved water and sewerage systems and provide on-site restrooms. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.100 Permit revocation.
A. Mandatory Revocation. A permit for a marijuana processing facility, marijuana production facility, or marijuana retail outlet shall be revoked whenever:
1. The location of the marijuana processing facility, marijuana production facility, or marijuana retail outlet no longer satisfies buffer zone requirements.
2. The owner or operator of the marijuana processing facility, marijuana production facility, or marijuana retail outlet no longer holds a valid license from the State Liquor and Cannabis Board.
3. The requirements of Sections 20.173.060, 20.173.070, 20.173.080, and 20.173.090 are not fully satisfied.
4. Any person or entity has failed to provide complete and accurate information on an application.
B. Discretionary Revocation. A permit for a marijuana processing facility, marijuana production facility, or marijuana retail outlet may be revoked whenever a permit holder fails to satisfy any permit condition other than one requiring mandatory revocation.
C. Hearing. Permit holders shall be given an opportunity for a hearing with the Walla Walla hearing examiner before a permit is revoked. Failure to appear at a scheduled hearing shall waive any hearing and constitute grounds for entry of a default order of revocation. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.200 Applications for marijuana facilities – Additional requirements.
A. In addition to the information required by Section 20.14.040, all applications for conditional use permits for marijuana production facilities, marijuana processing facilities, and marijuana retail outlets must contain the following information:
1. A detailed site plan for the proposed project including:
a. Property boundaries;
b. Location of pedestrian access points, driveways, and all other points of ingress/egress for general and emergency entrance and exit;
c. Location of buildings and structures, including without limitation dimensions and construction details, and interior layout;
d. Location and construction details of greenhouses, including without limitation, dimensions and construction details, and interior layout, and plans for watering systems, ventilation systems, wastewater disposal systems, and solid waste disposal systems;
e. Location, height and width of any proposed walls, fences, and other property enclosures together with a description of materials to be used to construct such walls, fences, and enclosures;
f. Landscaping including surface treatment and plan for treatment of dust and weeds;
g. Detailed lighting plans, including without limitation, the location, type, height, and brightness of all exterior lighting;
2. A stormwater report in accordance with Chapter 13.16 which includes a site plan, erosion and sediment control plan, and other information required by the City of Walla Walla Stormwater Design Standard Handbook;
3. A traffic plan and/or traffic impact analysis as determined by the city engineer;
4. Provisions for on-site restrooms and other sanitary facilities;
5. Provisions for elimination or mitigation of noise, odors, and other impacts to surrounding and nearby properties;
6. Property security arrangements; and
7. Operating plans and all other information required by Chapter 314-55 WAC.
B. No application shall be deemed complete or further processed until all of the information required by this section and Section 20.14.040 has been provided by the applicant. (Ord. 2017-45 § 76, 2017: Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.300 Notice of application/hearing.
In addition to notice of application/proposal required by Section 20.14.065 and notice of hearing required by Section 20.14.085, notice of application/proposal and notice of hearing shall be delivered or mailed to the record owner(s) of property, as shown by the records of the Walla Walla County assessor, which is within one thousand feet of the proposal site. The distance shall be measured as the shortest straight line distance from the property line of the proposal site to the property line of the other property. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.700 Permit legends.
All permits and other approvals issued by or on behalf of the city of Walla Walla under this chapter shall bear a legend that is substantially similar to the following:
NOTHING HEREIN AUTHORIZES, CONSPIRES TO COMMIT, AIDS, ABETS, COUNSELS, COMMANDS, INDUCES OR PROCURES ANY OFFENSE AGAINST THE UNITED STATES. THE HOLDER OF THIS PERMIT AND/OR APPROVAL IS EXPRESSLY ADVISED NOT TO VIOLATE FEDERAL LAW. THIS PERMIT AND/OR APPROVAL CONSTITUTES ONLY A DETERMINATION BY THE CITY AND ITS LOCAL OFFICIALS OF THE CIRCUMSTANCES UNDER WHICH THEY WILL NOT COMMENCE LOCAL ENFORCEMENT PROCEEDINGS AGAINST THE HOLDER OF A VALID PERMIT AND/OR APPROVAL IF THE CONDITIONS OF THE PERMIT AND/OR APPROVAL AND ALL OTHER STATE AND LOCAL REQUIREMENTS ARE SATISFIED.
(Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.800 Additional processing fees.
In addition to all other fees that apply, the applicant for a permit for a marijuana processing facility, marijuana production facility, or marijuana retail outlet shall pay an extra fee of two hundred dollars to defray additional costs incurred to process such applications. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).
20.173.900 Violations.
A. It is unlawful to create or participate in a marijuana cooperative located in any zone of the city of Walla Walla.
B. It is unlawful to license or permit a marijuana cooperative located in any zone of the city of Walla Walla.
C. It is unlawful to own or operate a marijuana retail outlet located in the central commercial zone, a light or heavy industrial zone, a public reserve zone, airport development zone, or any residential zone of the city of Walla Walla.
D. It is unlawful to license or permit a marijuana retail outlet located in the central commercial zone, a light or heavy industrial zone, a public reserve zone, airport development zone, or any residential zone of the city of Walla Walla.
E. It is unlawful to own or operate a marijuana processing facility in the central commercial zone, an airport development zone, a public reserve zone, or any residential zone of the city of Walla Walla.
F. It is unlawful to license or permit a marijuana processing facility in the central commercial zone, an airport development zone, a public reserve zone, or any residential zone of the city of Walla Walla.
G. It is unlawful to own or operate a marijuana production facility in the central commercial zone, a heavy industrial zone, a public reserve zone, or any residential zone of the city of Walla Walla.
H. It is unlawful to license or permit a marijuana production facility in the central commercial zone, a heavy industrial zone, a public reserve zone, or any residential zone of the city of Walla Walla.
I. It is unlawful to own or operate a marijuana processing facility, marijuana production facility, or marijuana retail outlet without a valid license issued by the State Liquor and Cannabis Board and a valid permit issued by the city of Walla Walla.
J. It is unlawful to work at a marijuana processing facility, marijuana production facility, or marijuana retail outlet unless the facility or outlet holds both a valid license issued by the State Liquor and Cannabis Board and a valid permit issued by the city of Walla Walla.
K. It is unlawful to create, participate in, own, or operate a marijuana processing facility, marijuana production facility, or marijuana retail outlet that is located within one thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or any game arcade.
L. Violation of this section shall be a misdemeanor punishable under Section 1.24.010.
M. Violation of this section is additionally declared to be a nuisance. (Ord. 2017-27 § 3 (part), 2017: Ord. 2014-29 § 8 (part), 2014).