Chapter 17.09
SPECIAL DEVELOPMENT STANDARDS
Sections:
17.09.020 Special development standards for the overlay districts.
17.09.030 Common open space requirements.
17.09.040 Zero lot line development.
17.09.050 Performance standards--Emissions.
17.09.070 Special requirements for animal husbandry.
17.09.080 Medical marijuana facilities--Collective gardens.
17.09.010 Purpose.
The purpose of this chapter is to specify certain standards which, under special circumstances, may apply to, or be required for approval of, a proposed development or modifications to development. (Ord. 956(part), 1993)
17.09.020 Special development standards for the overlay districts.
A. Purpose. The overlay zoning districts are established to coordinate the provisions established in this title with more detailed policies and standards adopted in other plans and ordinances for flood hazard areas.
B. Application. The provisions of this chapter shall apply when all or a portion of a development, or modification thereto, is proposed within the boundaries of an overlay district.
C. Project Review in Overlay Districts. In order to assure the appropriate standards are applied, all Class (1) uses in an overlay district shall be subject to Class (2) review. All Class (2) uses shall be subject to Class (2) review and Class (3) review. A reviewing official may condition or deny approval of any use or development, or modification thereto, in an overlay district based on the provisions set forth and adopted by this section.
D. Special Development Standards in the Flood Plain Overlay District. All developments in the flood plain overlay district shall conform to the requirements and standards of the underlying zoning district, and the flood damage prevention ordinance adopted by the city. Development within shorelines jurisdiction or the flood plain shall also be consistent with the county or city shorelines master program and/or the flood damage prevention ordinance, whichever applies. (Ord. 1183 §2(part), 2008: Ord. 956(part), 1993)
17.09.030 Common open space requirements.
The following provisions shall apply whenever common open space is proposed by the developer, or when required by a reviewing official under Class (2) or (3) review as a condition of approval.
A. Use. The common open space may be used for recreation; shoreline access; landscaping; visual, noise or land use buffer; drainage control; or other uses approved by the reviewing official during project review. Uses authorized for the common open space shall be appropriate with the use, size and density of the proposed development and the natural features of the site.
Common open space shall be improved for its intended use, but common open space containing natural features may be left unimproved. All structures and improvements permitted in the common space must be appropriate with the authorized use and natural features of the common open space.
Common open space may be used only for those uses specified in the approved final site plan.
B. Location. The location, shape, size and character of the open space shall be suitable for the type of project. Generally, common open space shall be located:
1. Next to other open space areas;
2. So that it buffers the proposed development from neighboring developments;
3. To provide access to recreation facilities of link recreational facilities with sidewalks or paths.
C. Retention and Maintenance. The final site plan shall include a provision approved by the reviewing official assuring the permanent retention and maintenance of the common open space. Such assurance may be in the form of restrictive covenants, dedication of open space to the public where such dedication will be accepted by the legislative body, a homeowners association, or any other method approved by the reviewing official. All legal documents to carry out this requirement shall be approved by the jurisdictional legal authority. The document shall contain a provision vesting the county/city with the right to enforce the permanent retention and maintenance of the common open space, and providing that, in the event that common open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan and program, the county/city may at its option cause necessary maintenance to be performed and assess the costs thereof to the owners of the property within the project. A document shall also provide for the collection of such costs by lien and/or direct civil action. (Ord. 956(part), 1993)
17.09.040 Zero lot line development.
A. Purpose. Zero lot line development for single-family dwellings may be permitted in order to: promote efficient land use, promote a more energy efficient arrangement of structures, protect environmentally sensitive areas, or provide more usable private or community open space.
B. Review Required. Zero lot line development in subdivisions and short subdivisions approved after the effective date of the ordinance codified in this title may be approved by Class (2) review. Zero lot line development may also be approved on lots created before the effective date of the ordinance codified in this title by Class (3) review. A site plan meeting the requirements of Section 17.11.040 or, as applicable, Section 17.11.050 shall be prepared for all zero lot line development.
C. Development Standards. All zero lot line developments shall comply with the standards of Tables 5-1 and 5-2, the provisions of this title and the following requirements; provided, that where the standards included herein conflict with the standards established in other sections of this title, the standards herein shall apply:
1. Dwelling Unit Setbacks.
a. Interior Side Yard Setback Standard. The dwelling unit may be placed on one interior side property line (a zero setback). The setback standard from the other side property line shall be ten feet. No structures except for patios, pools, fences, walls, and other similar elements are permitted within the required setback area.
b. Rear Yard Setback Standard. The rear yard setback standard is ten feet.
c. Front and Streetside Setback Standards. Front and streetside setback standards shall be those in Table 5-1.
2. Accessory Building Setback. Accessory buildings and structures shall observe the setback requirements for the main dwelling unit.
3. Maximum Lot Coverage. The total lot coverage on a lot shall not exceed the district requirements established in Table 5-1.
4. Platting Requirements. Each dwelling shall be located on its own individual platted lot. The plat shall show the zero lot lines and the related easements.
5. Openings Prohibited on the Zero Lot Line Side. In order to maintain privacy, there shall be no windows, doors, air conditioning units, or any other type of openings in the wall along the zero lot line, except when such a wall abuts permanent open spaces or a public or private right-of-way.
6. Maintenance and Drainage Easements. A perpetual maintenance, eave overhang, and drainage easement at least five feet wide shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title on the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed eighteen inches. Water run-off from the dwelling placed on the lot is limited to the easement area.
7. Common Open Space and Maintenance Facilities. Any common open space provided shall comply with the provisions of Section 17.09.030. (Ord. 956(part), 1993)
17.09.050 Performance standards--Emissions.
A. Purpose and Application. The purpose of this section is to provide guidelines and general standards governing emissions and miscellaneous items covered herein for use in evaluating the impact of proposed developments and uses, or changes or alterations thereto, being considered under the terms of this title. A reviewing official, including those engaged in Class (1) review or administrative modification review may impose reasonable conditions, or in appropriate instances deny proposed developments based on the standards and guidelines set forth in this section in order to assure that permitted uses do not generate gases, fumes, heat, glare, vibrations, or store solid waste in a manner inconsistent with the intent of the district and/or incompatible with surrounding uses.
B. Gases, Fumes and Vapors. The emission of any gases, fumes or vapors dangerous to human health, animal life, vegetation or property is prohibited.
C. Heat. No use shall produce heat significantly perceptible beyond its lot lines.
D. Glare. No use shall produce a strong dazzling light, or a reflection of a strong dazzling light, beyond its lot lines.
E. Vibrations. No use shall cause vibrations or concussions detectable beyond its lot lines without the aid of instruments, with the exception of vibration resulting from construction activity.
F. Storage and Waste Disposal. All materials and waste which might cause fumes or dust, constitute a fire hazard, produce offensive odors, or which may be edible or otherwise attractive to rodents or insects shall be stored in closed containers and in a manner to eliminate or prevent such hazards. (Ord. 956(part), 1993)
17.09.060 Special development standards for service stations and other retail uses selling motor fuel.
A. Purpose. The purpose of this section is to establish special site design standards for new service stations and other retail uses supplying motor fuel. These standards are intended to assure that these uses are compatible with adjoining residential districts and the character of the district in which they are located.
B. Fifty-Foot Setback from Residential Districts Required. Each pump island shall be set back at least fifty feet from the zoning district boundary of all adjoining residential districts. Other permitted structures shall comply with the setback provisions established in Table 5-1.
C. Storage and Display of Vehicles Prohibited. No area of any service station or other retail use selling gasoline shall be used for the storage, display, sale or leasing of any new or used vehicle. (Ord. 956(part), 1993)
17.09.070 Special requirements for animal husbandry.
A. Purpose. The purpose of this section is to assure that the raising of domesticated farm animals within the urban area is compatible with adjoining residential uses and the intent and character of the district in which they are located.
B. Minimum Lot Size. The minimum lot size for animal husbandry within the Wapato urban area is one-half acre. A lot at least one-half acre in size shall be deemed to meet this requirement even though a portion of the lot may be used for a single-family dwelling.
C. Project Review. Animal husbandry operations which would create noise and odors, attract insects or rodents, or be otherwise incompatible with surrounding residential uses or the intent of the zoning district may be conditioned or denied by the reviewing official in accordance with the provisions of this section and title.
D. Minimum Setback. No portion of any structure used to house a domestic farm animal shall be within one hundred feet of any residence other than the dwelling on the same lot. (Ord. 1183 §2(part), 2008: Ord. 956(part), 1993)
17.09.080 Medical marijuana facilities--Collective gardens.
A. Applicability. The standards and criteria established in this section apply to any site, facility, location, entity, person, cooperative, or collective in the city of Wapato that distributes, dispenses, stores, sells, exchanges, processes, delivers, gives away, or cultivates marijuana (Cannabis) for medical purposes to qualified patients, designated providers, health care providers, patients’ primary caregivers, or physicians, pursuant to Chapter 69.51A RCW or any state of Washington laws or regulations adopted in furtherance thereof. Nothing in this section shall be interpreted to conflict with provisions of Chapter 69.51A RCW. The standards and criteria established are only effective if operation of a collective garden for cannabis does not violate Section 17.01.055.
B. Definitions. The following terms have the following meanings:
1. “Cannabis” means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. For the purposes of this section, “cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The term “cannabis” includes cannabis products and usable cannabis. The term “cannabis” is synonymous with “marijuana” as used in this section.
2. “Cannabis products” means products that contain cannabis or cannabis extracts, have a measurable THC concentration greater than three-tenths of one percent, and are intended for human consumption or application, including, but not limited to, edible products, tinctures, and lotions. The term “cannabis products” does not include usable cannabis. The definition of “cannabis products” as a measurement of THC concentration only applies to the provisions of this section and shall not be considered applicable to any criminal laws related to marijuana or cannabis.
3. “Church” means a structure or leased portion of a structure, which is used primarily for religious worship and related religious activities.
4. “City” means city of Wapato, Washington.
5. “Collective garden” means those gardens authorized under Section 403 of E2SSB 5073, which means no more than ten qualifying patients sharing responsibility for acquiring and supplying the resources required to produce and process cannabis for medical use such as, for example, a location for a collective garden; equipment, supplies and labor necessary to plant, grow and harvest cannabis; cannabis plants, seeds and cuttings; and equipment, supplies and labor necessary for proper construction, plumbing, wiring and ventilation of a garden of cannabis plants. A collective garden will contain no more than fifteen plants per qualifying patient member, up to a maximum cumulative total of forty-five plants, and will contain no more than twenty-four ounces of usable cannabis per qualifying patient member, up to a maximum cumulative total of seventy-two ounces of usable cannabis.
6. “Designated provider” means a person who:
a. Is eighteen years of age or older;
b. Has been designated in a written document signed and dated by a qualifying patient to serve as a designated provider under this section and Chapter 69.51A RCW;
c. Is in compliance with the terms and conditions set forth in RCW 69.51A.040;
d. Has not been convicted of any drug-related criminal or civil charges under local, state, or federal laws; and
e. Has not violated any sections of Chapter 69.50 RCW, or other similar laws in any other state.
A qualifying patient may be the designated provider for another qualifying patient and be in possession of both patients’ cannabis at the same time.
7. “Director” means mayor of the city of Wapato, or his or her designee.
8. “Dispensary” means any person, entity, site, location, facility, business, cooperative, collective, whether for profit or not for profit, that distributes, sells, dispenses, transmits, packages, measures, labels, selects, processes, delivers, exchanges or gives away cannabis for medicinal or other purposes, which does not qualify as a collective garden or designated care provider/qualifying patient pursuant to this section and Chapter 69.51A RCW.
9. “Indoors” means within a fully enclosed and secure structure that complies with the Washington State Building Codes, as adopted by the city of Wapato, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation, slab or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid materials that cannot easily be broken through, such as two-inch by four-inch or thicker studs overlain with three-eighths-inch or thicker plywood or equivalent materials. A greenhouse structure may be allowed if it complies with the Washington State Building Codes, as adopted by the city of Wapato, and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation, slab or equivalent base to which the floor is securely attached. The greenhouse structure must be secure against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid frame materials that cannot easily be broken through, spaced and constructed to secure against unauthorized entry.
10. “Legal parcel” means a parcel of land for which one legal title exists. Where contiguous parcels are under common ownership or control, such legal parcels shall be counted as a single parcel for the purpose of this section.
11. “Medical use of cannabis” means the manufacture, production, processing, possession, transportation, delivery, ingestion, application or administration of cannabis for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating medical condition. The term “medical use of cannabis” is synonymous with “medical marijuana.”
12. “Member” means a qualifying patient authorized to participate in a collective garden.
13. “Outdoors” means any location that is not “indoors” within a fully enclosed and secure structure as defined herein.
14. “Person” means an individual or an entity.
15. “Personally identifiable information” means any information that includes, but is not limited to, data that uniquely identifies, distinguishes or traces a person’s identity, such as the person’s name or address, either alone or when combined with other sources, that establish the person is a qualifying patient or designated provider.
16. “Plant” means an organism having at least three distinguishable and distinct leaves, each leaf being at least three centimeters in diameter, and a readily observable root formation consisting of at least two separate and distinct roots, each being at least two centimeters in length. Multiple stalks emanating from the same root ball or root system shall be considered part of the same single plant.
17. “Process” means to handle or process cannabis in preparation for medical use.
18. “Produce” means to plant, grow or harvest cannabis for medical use.
19. “Public place” includes streets and alleys of the incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; community centers; convention centers; public dance halls and grounds adjacent thereto; premises where goods and services are offered to the public for retail sale; public buildings; public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theaters, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, buses (including school buses), ferries and other public conveyance of all kinds and character, and the depots, stops and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, pools or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public.
20. “Qualifying patient” means a person who:
a. Is a patient of a health care professional;
b. Has been diagnosed by that health care professional as having a terminal or debilitating medical condition;
c. Is a resident of the state of Washington at the time of such diagnosis;
d. Has been advised by that health care professional about the risks and benefits of the medical use of cannabis;
e. Has been advised by that health care professional that he or she may benefit from the medical use of cannabis; and
f. Is otherwise in compliance with the terms and conditions established in Chapter 69.51A RCW.
g. The term “qualifying patient” does not include a person who is actively being supervised for a criminal conviction by a corrections agency or department that has determined that the terms of this section and Chapter 69.51A RCW are inconsistent with and contrary to his or her supervision and all related processes and procedures related to that supervision.
21. “Residential treatment facility” means a facility providing for treatment of drug and alcohol dependency.
22. “School” means an institution of learning for minors, whether public or private, offering regular course of instruction required by the Washington Education Code, or any child or day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher learning, including a community or junior college or university.
23. “Terminal or debilitating medical condition” means:
a. Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorder; or
b. Intractable pain, limited for the purposes of this section to mean pain unrelieved by standard medical treatments and medications; or
c. Glaucoma, either acute or chronic, limited for the purposes of this section to mean increased intraocular pressure unrelieved by standard treatments and medications; or
d. Crohn’s disease with debilitating symptoms unrelieved by standard treatments and medications; or
e. Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments and medications; or
f. Diseases, including anorexia, which result in nausea, vomiting, cachexia, appetite loss, cramping, seizures, muscle spasms or spasticity, when these symptoms are unrelieved by standard treatments or medications; or
g. Any other medical condition duly approved by the Washington State Medical Quality Assurance Commission in consultation with the Board of Osteopathic Medicine and Surgery as directed in this section.
24. “THC concentration” means percent of tetrahydrocannabinol content per weight or volume of usable cannabis or cannabis product.
25. “Usable cannabis” means dried flowers of the Cannabis plant having a THC concentration greater than three-tenths of one percent. Usable cannabis excludes stems, stalks, leaves, seeds and roots. For purposes of this subsection, “dried” means containing less than fifteen percent moisture content by weight. The term “usable cannabis” does not include cannabis products.
26. “Valid documentation” means:
a. A statement signed and dated by a qualifying patient’s health care professional written on tamper-resistant paper, which states that, in the health care professional’s opinion, the patient may benefit from the medical use of cannabis;
b. Proof of identity such as a Washington State driver’s license or identicard, as defined in RCW 46.20.035; and
c. In the case of a designated provider, the signed and dated document valid for one year from the date of signature executed by the qualifying patient who has designated the provider.
27. “Youth oriented facility” means elementary school, middle school, junior high school, high school, public park, community center, any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. This shall not include a day care or preschool facility.
C. Dispensaries Prohibited. No medical marijuana or cannabis dispensary shall be allowed or permitted within the city.
D. Collective Garden Permit Required. Prior to initiating operations, and as a continuing prerequisite to conducting operations, all responsible persons or the responsible entity wishing to operate a collective garden shall apply for and receive from the mayor a permit for operation of a collective garden, on the terms and conditions set forth herein. This requires the submission of a complete application (as described in subsection G of this section) and compliance with the following requirements:
E. Location and Distance Restrictions.
1. No collective garden shall be permitted outdoors;
2. Collective gardens shall be subject to the limitations in subsection L of this section regarding location in proximity to any school, school bus stop, church, youth-oriented facility, library, other collective garden, or residential treatment facility;
3. No collective garden shall be located anywhere the cannabis (marijuana) plants are visible from a public place.
F. Ownership and Limitation on Numbers. No more than one collective garden may be located on a single parcel of land, and the parcel must be owned by, or leased to, one of the members of the collective garden. All owners of record of the subject parcel, identified pursuant to records of the Yakima County auditor, shall provide to the city written acknowledgement of use and approval of the parcel for a collective garden. Such written approval(s) shall be submitted with the application for a collective garden.
A qualifying patient shall not be a member of more than one collective garden, and must be a member of one collective garden for at least thirty days before transferring his or her membership to another collective garden. Each collective garden must maintain records of its membership for no less than three years. No person may be admitted for membership into a collective garden as a qualified patient in the city of Wapato if they belong as a qualified patient in another collective garden for medical marijuana in the state of Washington.
No person under eighteen years of age shall be a member of a collective garden without written, verified authorization by a parent or legal guardian.
G. Collective Garden Permit Application. A complete application for a collective garden permit shall consist of the following:
1. The name, address and telephone number of each applicant for a collective garden permit, and each owner of the parcel to be used as the collective garden. The application shall be signed by the applicant(s) and each owner of record, identified pursuant to records of the Yakima County auditor, of the parcel proposed for operation of the collective garden;
2. The name, address and telephone number of each qualifying patient participating in the collective garden and valid documentation as proof of his or her qualifying status;
3. The name, address, and telephone number of a person designated as contact person for the collective garden, to enable the city, including but not limited to the city police department, to contact the collective garden in the event of any problem associated with the collective garden, and to enable the city to administer the provisions of this section;
4. A unique identifying number from the state of Washington driver’s license or identification card for each qualifying patient member of the collective garden;
5. A written statement signed by each participating qualifying patient and owner of record of the subject parcel acknowledging that any permit applied for or issued is pursuant to the laws of the state of Washington and that such issuance by the city of Wapato, and any administration of any permit issued by the city of Wapato pursuant to this section, does not confer upon the members of the collective garden, or the owners of such parcel, immunity from prosecution under applicable state or federal law;
6. Plan of operations describing how the collective garden will operate consistent with the intent of state law and the provisions of this section, including but not limited to:
a. Ensuring cannabis is not purchased or sold by the collective garden, or any members thereof, in a manner that would generate a profit.
b. Controls that will assure cannabis will be dispensed to participating qualifying patients only.
c. Controls that will ensure access to the collective garden premises is adequately monitored and restricted to pre-approved participating qualifying patients.
7. The location of the parcel where the collective garden will be located, by street address and tax parcel number.
8. The number of plants to be grown for each qualifying patient member of the collective garden.
9. A statement describing the proposed security measures for the facility.
10. Payment of the permit application fee of five hundred dollars.
H. Action on Application for a Permit.
1. An application for a permit shall be deemed complete when the city receives the last submission of information or materials required in compliance with this section. Upon notification that an application is incomplete, the applicant shall be granted an extension of ten calendar days to submit all materials required to complete the application. If the application remains incomplete in excess of ten calendar days following said notification, the application shall be deemed withdrawn and a new application submittal shall be required.
2. The director shall consider the following criteria in determining whether to grant or deny a permit and/or renewal of a permit, and may seek the review of other city departments, including but not limited to the police department, to assist in such determination:
a. That the proposed collective garden is consistent with the Wapato Municipal Code, applicable federal and state laws, this section, including the application submittal and operating requirements herein.
b. That the location is not identified as a chronic nuisance property pursuant to Chapter 8.26.
c. That all required application materials have been provided and the applicant has operated in a manner consistent with this section.
d. That all required application or annual renewal fees have been paid in a timely manner.
e. That the location is consistent with city zoning standards and is not prohibited by the provisions of this section or by any other local or applicable federal or state law, statute, rule or regulation, and no significant nuisance issues or problems are anticipated or result.
f. That the applicant has not violated any local or applicable federal or state law, statute, rule or regulation respecting the distribution, possession or consumption of illegal drugs or controlled substances, including but not limited to those offenses found in Chapter 69.50 RCW.
g. The applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business practices or acts.
h. The applicant has not knowingly made a false statement of material fact or has knowingly omitted to state a material fact in any permit application, or has provided false, inaccurate, or otherwise misleading information.
i. The applicant, his/her agent, or any person exercising managerial authority on behalf of the applicant has not committed any act involving dishonesty, fraud, or deceit with intent to substantially benefit himself or herself, or another, or substantially injure another, or illegal use, possession, distribution, or similar action relating to illegal drugs or controlled substances. Notwithstanding the above, an applicant shall not be denied solely on the basis that the applicant has been convicted of a felony if the applicant has obtained a certificate of discharge under Washington law or that the applicant has been convicted of a misdemeanor or gross misdemeanor if the applicant has met all applicable requirements of discharge pursuant to Washington law.
3. Within twenty-eight days of completing the investigation, or other length of time as determined necessary by the director, the application shall be approved, conditionally approved, or denied. The director may impose conditions, restrictions, or require revisions to the proposal to comply with this section. Written notice of the director’s decision shall be mailed to the applicant by U.S. mail.
4. If the director denies or revokes a permit pursuant to this section, a new application for a permit shall not be accepted from the applicant whose permit has been revoked or denied, and no such permit shall be issued to such person for a period of three years after the action denying or revoking the permit.
I. Contents, Posting and Changes in Status of Permits.
1. The collective garden permit shall include, but not be limited to, the following information:
a. A complete description of the entity authorized by the permit;
b. The name and address of the entity so permitted;
c. The name and address of the principal of the entity who applied for the permit; and
d. Any conditions upon which the permit is issued.
2. The permit shall be conspicuously posted indoors at the primary entry to the location of the permitted site.
3. Permits shall be nontransferable. A permittee shall not transfer control of a collective garden to another person unless and until the proposed new operator files an application for a collective garden permit with the director in accordance with the provisions of this section, as though he/she were applying for the initial permit. Such application shall be accompanied by a statement of the current permittee indicating his/her intent to transfer control of the collective garden to the new permit applicant. In accordance with this section, the director shall determine whether the person seeking a permit would be entitled to the issuance of a permit.
J. Membership Application and Verification. When a qualifying patient wishes to join a collective garden, the following application guidelines shall be followed by the collective garden to help ensure that cannabis grown for medical use is not diverted to illicit markets:
1. Verify the individual’s status as a qualifying patient by obtaining and maintaining a copy of valid documentation as defined in subsection (B)(26) of this section, all as required by Chapter 69.51A RCW; and
2. Have the applicant for membership in the collective garden agree not to distribute marijuana to nonmembers; and
3. Have the applicant for membership in collective garden agree not to use the marijuana for other than medical purposes.
4. Membership as a qualifying patient shall be restricted to only those patients and with current valid documentation as defined by RCW 69.51A.010 and subsection (B)(26) of this section.
5. The membership application and approval process shall include written authorization from any member who is a qualifying patient consenting to allow the permittee and the city to verify the member’s written documentation from his or her doctor.
6. The membership application and approval process shall include a statement from any member who is a qualifying patient that he or she does not belong to any other collective garden in the city or other collective garden as defined in Chapter 69.51A RCW in the state of Washington. No member may be admitted for membership into a collective garden as a qualified patient in the city of Wapato if they belong as a qualified patient or designated provider to another collective garden for medical marijuana in the state of Washington.
K. Business Licenses, Sales Tax, and Seller’s Permits.
1. In the event the state of Washington determines that medical marijuana (cannabis) transactions are subject to sales tax, regardless of whether the individual or group makes a profit, then those engaging in transactions involving medical marijuana must obtain necessary permits and tax reporting forms from the Department of Revenue, or other applicable state agency.
2. A collective garden shall be exempt from the requirement to obtain a city of Wapato business license as generally required under Title 5.
L. Development, Operational and Performance Standards. Collective gardens shall operate in conformance with the following standards to assure that the operation of the collective garden is in compliance with Washington law and city codes, and to mitigate the adverse secondary effects from operations of facilities processing and/or producing cannabis for medical purposes.
1. Prohibited Locations. No collective garden shall be located:
a. Within one thousand feet of another collective garden, school, public library, public park, designated school bus stop, or residential treatment facility; or
b. Within one thousand feet of a youth-oriented facility or church; or
c. In any structure sharing common walls with any other building.
d. The distance between a collective garden and the uses described above, including another collective garden, shall be measured in a straight line, without regard to intervening structures or objects, from the boundary or closest property line in which the collective garden is located, to the boundary or closest property line where the use or zone described above is located.
e. Where the uses described above are legally created or located within the established buffer areas after the date of application for a collective garden permit, or the date of issuance of such permit, it shall not be the sole basis for denial or revocation of the permit.
2. Security and Lighting Plan.
a. A collective garden shall provide adequate security and lighting on site to ensure the safety of persons, protect the premises from theft at all times, and ensure that the surrounding neighborhood and businesses are not negatively impacted by nuisance activity such as loitering and crime.
b. A collective garden must ensure that all cannabis is securely stored.
c. All exterior windows of buildings housing the facility shall be designed and maintained to prevent observation of cannabis plants and products by any person within public property outside the building.
3. Retail Sales Prohibited. No collective garden shall conduct or engage in the commercial sale of any product, good or service. The term “commercial sale” does not include medical use of cannabis on terms and conditions consistent with this section and applicable law.
4. Cultivation and Distribution. A collective garden shall cultivate cannabis (marijuana) only on the licensed premises subject to the limitations and provisions of Chapter 69.51A RCW and may only provide or distribute cannabis for medical use to its members consistent with quantities approved for patient use.
5. No Profit. No collective garden shall distribute or sell medical marijuana or cannabis for a profit.
6. Signage and Notices. A collective garden shall notify its members of the following in writing and through posting of a minimum eleven-inch by seventeen-inch size sign in a conspicuous location indoors in the premises where it will be visible to members in the normal course of a transaction:
a. Use of medical marijuana shall be limited to the members of the collective garden who are qualifying patients identified on the valid documentation issued for such patient by the patient’s health care professional. Secondary sale, barter, or distribution of medical marijuana is a crime and can lead to arrest.
b. Members of the collective garden must comply with the Clean Indoor Air Act, Chapter 8.40, as applicable.
c. Forgery of medical documents or documents for a designated provider is a crime.
7. Member Records. A collective garden shall maintain records of its members, and must track when members’ medical marijuana authorization documentation expire and enforce conditions of membership by excluding members whose authorizations are invalid or have expired, or who are caught diverting marijuana for nonmedical use. The collective garden shall maintain membership records on site.
8. Collective Garden Records.
a. A collective garden shall keep accurate records, follow accepted cash handling practices and maintain a general ledger of cash transactions. Additionally, a collective garden shall maintain records of all members’ contribution of labor, resources or money to the collective garden.
b. A collective garden shall allow the director access to the books, records, accounts, and any and all data relevant to its permitted activities for purposes of conducting an audit or examination to determine compliance with this municipal code and all applicable laws. Books, records, accounts, and any and all relevant data will be produced no later than twenty-four hours after receipt of the director’s request.
9. Dispensing Operations.
a. The collective garden shall only provide, distribute, dispense, give or transmit medical marijuana to member qualifying patients. This shall include possession of a valid physician’s written authorization for current medical use of cannabis by the qualifying patient. A collective garden shall not distribute medical marijuana to any person who is not a member in good standing of the collective garden.
b. A collective garden shall not provide marijuana to any member in an amount not consistent with personal medical use, as recommended by the authorizing physician.
c. No recommendations for use of medical marijuana shall be issued on site, and the permittee shall not have a physician on site to evaluate patients.
d. A collective garden may only process, produce, cultivate, dispense, store or transport marijuana in amounts consistent with Chapter 69.51A RCW.
e. The exterior appearance of any structure on the licensed premises shall be compatible with the structures already constructed or under construction within the immediate neighborhood, to ensure against blight, deterioration, or substantial diminishment or impairment of property values in the vicinity.
f. The operator(s) of collective garden shall maintain the premises, location, property and/or structures free of litter, debris, junk and other similar cast-off materials and free of graffiti.
10. Compliance with Conditions and Other Requirements.
a. City of Wapato code enforcement officers, city of Wapato police officers, the director, or other agents or employees of the city requesting admission for the purpose of determining compliance with this section shall be given unrestricted access to the licensed premises during normal hours of operation.
b. A collective garden shall meet any specific, additional operating procedures and measures as may be imposed as conditions of approval by the director to ensure that the operations of the collective garden are consistent with protection of the health, safety and welfare of the community, qualifying patients, and will not adversely affect surrounding uses.
c. A collective garden shall comply with all other applicable property development and design standards of the city’s municipal code. Any building in which the licensed activity is located shall comply with all applicable local, state and federal rules, regulations and laws including, but not limited to, building codes and the American with Disabilities Act.
d. A collective garden shall comply with and operate in compliance with Chapter 69.51A RCW and all regulations pertaining thereto, and all applicable provisions of city codes.
11. Indemnification. Every permit issued under this section shall contain a condition requiring the applicant to execute an agreement with the city whereby the applicant and collective garden agree to defend and indemnify the city from any civil liability arising from a lawsuit filed by any third person against both the collective garden and city arising from or associated with the operations or permitting of the collective garden.
M. Fees. The annual permit fee for each medical marijuana collective garden shall be two hundred fifty dollars.
N. Renewal of Permit Required.
1. Permits may be renewed by applying with the director for additional one-year periods upon application by the permittee, unless the permit is suspended or revoked in accordance with the provisions of this section.
2. Complete applications for renewal shall be made at least forty-five calendar days before the annual expiration of the permit, and shall be accompanied by a nonrefundable renewal fee. Applications for renewal shall be governed by the same criteria for approval as initial applications for permits.
3. Applications for renewal made less than forty-five days before the annual expiration date shall not stay the annual expiration date of the permit, and in addition to satisfying all other criteria for renewal, the applicant shall be required to demonstrate good cause for failing to timely renew his/her application. The director shall have the sole discretion to determine whether such good cause is demonstrated.
4. If a permit expires without being renewed, the permittee of the expired permit must apply for a new permit by complying with all requirements of this section applicable to an original application for a permit.
5. In the event a permit is not renewed, or the expiration date of a permit occurs before the renewal is processed pursuant to subsection (N)(3) of this section, the permittee shall turn over all cannabis, cannabis products, plants, and usable cannabis to the Wapato police department on the date of expiration of the permit. If a renewal is pending, the Wapato police department shall store, but shall not be liable for, the cannabis, cannabis products, plants and usable cannabis until the determination on the renewal is made. If the renewal is denied, or if the permit expires, the cannabis, cannabis products, plants and usable cannabis shall be destroyed by the Wapato police department, without liability.
O. Suspension or Revocation of a Permit.
1. The director may suspend or revoke a permit for any of the following reasons:
a. The permittee fails to comply with this section, including but not limited to the operating restrictions set forth in this section or applicable federal or state law; or
b. The permittee fails to comply with the condition of its permit; or
c. The permittee is operating in a manner, or is causing or allowing a nuisance in connection with the premises; or
d. The permittee is convicted of a public offense in any court of competent jurisdiction, for the violation of any law which relates to his/her permit or the operation of the collective garden; or
e. The legislature or the courts interpret or change the law in a manner that precludes the operation of the collective garden such that the operation plan is not lawful.
2. Upon determining that grounds for suspension or revocation of a permit exist, the director may issue to the permittee written notice of the suspension or revocation, stating the reasons therefor, and serve the notice, together with a copy of this section, upon the permittee.
3. The suspension or revocation shall become effective fourteen calendar days following the date of service upon the permittee, unless the permittee files a written request for an appeal hearing pursuant to this section. If the permittee files an appeal within the time and manner prescribed, the permit shall remain in effect until the appeal is finally determined.
4. In the event a permit is revoked or suspended, the permittee shall turn over all cannabis, cannabis products, plants, and usable cannabis to the Wapato police department on the date of notice of the suspension or revocation of the permit, or on the date upon which the appeal is finally determined and the cannabis, cannabis products, plants and usable cannabis shall be destroyed by the Wapato police department, without liability.
P. Appeals. Appeals shall be processed in accordance with the provisions of Chapter 17.16.
Q. Violations. The establishment, maintenance or operation of a collective garden in violation of this section, or applicable local or state law or rule, shall be unlawful, and is declared to be a public nuisance and may be abated by the city either pursuant to the municipal code or any available legal remedies, including but not limited to administrative enforcement and/or civil injunctions. The city may also suspend or revoke a permit, pursuant to the terms of this section. (Ord. 1266 §2, 2012)