HomeMy WebLinkAbout58-14 - Ord. Amending Chapter 17.17 Recreational MarijuanaORJ )INANC1--4 N
UMBER 58 -61
AN • RDINANC.E AMENDING THE MASON COUNTY C
tiTLE 17, CRAFTER 17.17 - ' EGREATIQNAL MARIJUANA
AN ORDINANCE amending Title 17 (Zo
of Chapter 36.70 and 36e70A RCWO
long), of the Mason County Code under the authority
WHEREAS, initiative Measure No 502 passed on November 5, 2012 amended Chapter 69 5C
RCW as to the State's approach to adult use of recreational marijuana; a
WHEREAS, on November 12, 2103 the Board of County Corr missiorers ("Board") signed
3rdi lance 62-13 adopthg amendments to itle 17 creating Chapter 17.17 for the regulation of
recreational marijuana in Mason County; and
WHEREAS, o
fl
�uly 1, 2014 the Board signed Ordinance 32-14 establisring a 60-day
Moratorium nn the production aid processing of marijuana in some districts; and
WHEREAS, on July 22, 2014 the Board signed Ordinance 43-14 repea ing the Moratorum and
remanding portions Chapter 17.17 to the Planning Advisory Cormmission for amendments; and
WHEREAS, or August 18 and September 15, 2014, the Manning Advisory Co.nnmission
("Commissioner") held pub is hearings on proposed code amendments and rrade
recommendation to the Board for adoption; and
WI IEREAS, the Mason County Planning Advisory Commission conducted public hearings on
August 12, 2013 and August 26, 2012 and recommended adoption of amendments by the
Commissioners; and
NOW THEREFORE, BE IT HEREBY C?RDAINED, that the Board of Commissioners of
Mason County hereby adopts amendments to Mason County Code Chapter ' 7.17, Recreational
Marijuana. (See Attachment A)
DATED this 21 day of Mbei 2014.
ATTEST:
Cr
, Lot
Cie of the Board
APPROVED AS TO FORM:
Tim Whitehead, Chief DTA
a
BOARD OF COUNTY COMMISSION
MASON 1 'OUNTY, WASHING ;TON
erri _elf air
NA
ERS
Tim Sheld n, Commissioner
/Iv in
dandy Neatherli
ommissioner
TITLE 17 - ZONING
C APTE ,'. 17.17 ' ECEATIONAL ANA
SECTION 17.17.001- PURPOSE
Mason County recognizes Initiative Measure No 502 amending RCW 69.50 (Uniform Controlled
Substance Act) as to the State's approach to adult use of recreational marijuana, and the addition of
Chapter 314-55 WAC expanding the authority of the Washington State Liquor Control Board to
include the regulation of marijuana licenses, the application process, the requirements, and the
reporting associated therewith.
SECTION 17.17.002 AUTHORITY
Section 69 50.500 RCW states that it is "the duty of the state board of pharmacy, the department
[of health], the state liquor control board, and their officers agents, inspectors and representatives,
and all law enforcement officers within the state, and of all prosecuting attorneys, to enforce all
provisions of [Chapter 69.50] ...", including those specific to recreational marijuana. The
implementing rules of Chapter 314 55 WAC defer to the roles of those enforcement agencies
adding however, that "[t]he issuance or approval of a license shall not be construed as a license for,
or an approval of, any v'olations of local rules or ordinances including but not limited to: Building
and fire codes, zoning ordinances, and business licensing requirements." WAC 314-55-020(11)
While an approved license does not circumvent local ordinances, the State will also not deny a
license based solely on non-compliance with local land use regulations Therefore, it is incumbent
upon Mason County to adopt the ordinance codified in this Section as this County's policies and
procedures with respect to recreational marijuana.
SECTION 17.17 003 - DEFINITIONS
Definitions culled from Section 69.50.101 RCW and included in WAC 315-55-010 are adopted herein
for the purpose of this chapter only.
(a) "Applicant" or "marijuana license applicant" means any person or business entity who is
considered by the board as a true party of interest in a marijuana license, as outlined in
WAC 314-55-035.
(b) "Business name" or "trade name" means the name of a licensed business as used by the
licensee on signs and advertising.
(c) '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.
(d) "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.
(e) 'Financier" means any person or entity that has made or will make an investment in the
licensed business. A financier can be a person or entity that provides money as a gift, loans
money to the applicant/business and expects to be paid back the amount of the loan with
or without interest, or expects any percentage of the profits from the business in exchange
for a loan or expertise.
(f) "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.
(g) "Library" means an organized collection of resources made accessible to the public for
reference or borrowing supported with money derived from taxation.
(h) "Licensee" or "marijuana licensee' means any person or entity that holds a marijuana
license, or any person or entity who is a true party of interest in a marijuana license, as
outlined in WAC 314-55-035.
(i) "Lot" means either of the following:
The flowers from one or more marijuana plants of the same strain. A single lot of flowers
cannot weigh more than five pounds; or
ii. The trim, leaves, or other plant matter from one or more marijuana plants. A single lot of
trim, leaves, or other plant matter cannot weigh more than fifteen pounds.
(j) 'Marijuana strain' means a pure breed or hybrid variety of Cannabis reflecting similar or
identical combinations of properties such as appearance, taste, color, smell, cannabinoid
profile, and potency.
(k) 'Member" means a principal or governing person of a given entity, including but not limited
to: LLC member/manager president, vice president, secretary treasurer, CEO, director,
stockholder, partner, general partner, limited partner. This includes all spouses of all
principals or governing persons named in this definition and referenced in WAC 314-55-
035."Pesticide" means, but is not limited to: (a) Any substance or mixture of substances
intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug,
fungus, weed, and any other form of plant or animal life or virus, except virus on or in a
living person or other animal which is normally considered to be a pest; (b) any substance or
mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; and
(c) any spray adjuvant. Pesticides include substances commonly referred to as herbicides,
fungicides, and insecticides.
(I) 'Perimeter" means a property line that encloses an area.
(m) '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.
(n) "Public park" means an area of land for the enjoyment of the public, having facilities for rest
and recreation, such as a baseball diamond or basketball court, owned and/or managed by
a city, county state, or federal government.
(o) "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.
(p) '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.
(q) "Residence' means a person's address where he or she physically resides and maintains his
or her abode,
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(r) "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.
(s) "Unit" means an individually packaged marijuana infused solid or liquid product not to
exceed ten servings or one hundred milligrams of active tetrahydrocannabinol (THC), or
Delta 9.
SECTION 17.17.004 - APPLICABILITY
No part of this chapter is intended to or shall be deemed to conflict with federal law, including but
not limited to, the Controlled Substances Act 21 U.S.C. Section 800 et seq., the Uniform Controlled
Substances Act (chapter 69.50 RCW) nor to otherwise permit any activity that is prohibited under
either Act, or any other local, state or federal law, statute, rule or regulation.
SECTION 17.17.005 - DEVELOPVIF\'1 STANDARDS
(a) Lighting: All lights used for the production and processing of marijuana shall be shielded
and downcast or otherwise positioned in a manner that will not shine light or allow light
glare to exceed the boundaries of the parcel upon which they are placed.
(b) Special Use Permit A special use permit is required for any licensed producer in a Rural
Residential 5 zoning distract; and for any deviation from the rules and regulations as
adopted in this Chapter in accordance with MCC Chapter 17.05.
(c) Buffers/Setbacks: There shall be a 100 foot buffer from any portion of a production or
processing operation to the nearest property line in all rural residential districts. A variance
may be sought under Mason County Code Chapter 15.05, Article IV (Variances) and
considered on an individual basis for any buffer that is less than 100 feet.
SECTION 17.17.006 - MARIJUANA PRODUCER LICE\SEES
Marijuana grow operations, known as Producers, are measured by their Plant Canopy. This is the
square footage dedicated to live plant production, such as maintaining mother plants, propagating
plants from seed to plant tissue, clones, vegetative or flowering area. Plant canopy does not include
areas such as space used for the storage of fertilizers, pesticides, or other products quarantine,
office space, etc. Production operations are categorized by the State in the amount of actual
square footage in their premises that will be designated asplant canopy. There are three categories
as follows:
Tier 1 Less than two thousand square feet;
Tier 2 —Two thousand square feet to ten thousand square feet; and
Tier 3 —Ten thousand square feet to thirty thousand square feet
Marijuana production must take place within a fully enclosed secure indoor facility or greenhouse
with rigid walls, a roof, and doors. Outdoor production may take place in non -rigid greenhouses,
other structures, or an expanse of open or cleared ground fully enclosed by a physical barrier. To
obscure public view of the premises outdoor production must be enclosed by a sight obscure wall
or fence at least eight feet high. Outdoor producers must meet security requirements described in
WAC 314-55-083.
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Licensed INDOOR and OUTDOOR marijuana producers are permitted within the following non-
residential zoning districts, subject to the restrictions of all currently adopted codes and ordinances.
(a) Rural Commercial 2 (RC 2) (Section 17.04, Div II, Art II)
(b) Rural Commercial 3 (RC 3) (Section 17.04, Div II, Art III)
(c) Rural Commercial 4 (RC 4) (Section 17.04, Div II, Art IV)
(d) Rural Commercial 5 (RC 5) (Section 17.04, Div II, Art v)
(e) Rural Industrial (RI) (Section 17.04, Div III)
(f) Rural Natural Resource (RNR) (Section 17.04, Div IV)
(g) Low Intensity Mixed Use (MU) - Shelton UGA (Section 17.07, Art 2)
(h) General Commercial (GC) — Shelton UGA (Section 17.07, Art 3)
(i) Commercial -Industrial (CI) —Shelton UGA (Section 17.07, Art 4)
(j) Airport Industrial (AI); subject to all codes, covenants, and restrictions of the Port of Shelton
Shelton UGA (Section 17.07, Art 5)
(k) Industrial (I) Shelton UGA (Section 17.07, Art 6)
(I) Highway Commercial District (HC) Allyn UGA (Section 17.12, Art III)
(m) Business Park (BP) — Allyn UGA (Section 17.12, Art IV)
(n) Mixed Use (MU) — Belfair UGA (Section 17.23.120)
(o) General Commercial (GC) — Behar UGA (Section 17.24)
(p) Business Industrial (BI) — Belfair UGA (Section 17.24)
Licensed INDOOR producers are permitted within the rural residential districts subject to following
restrictions.
Tier Level I
Minimum five acres
Tier Level II
Minimum 10 acres
Tier Level 111
Minimum 10 acres
Licensed indoor producers are permitted within the rural residential districts on parcels 5 acres or
larger; and all structures are required to meet the building regulations for floor -area -ratio, size, and
height of non-agricultural and accessory buildings for each respective zoning district. Licensed
indoor producers in Rural Residential 5 must obtain a Special Use Permit. OUTDOOR production is
prohibited in all rural residential districts.
SECTION 17.17.007 - MARIJUANA PROCESSOR LICFNSEFS
A marijuana processor license allows the licensee to process package, and label usable marijuana
and marijuana -infused products for sale at wholesale to marijuana retailers. Licensed marijuana
processors are permitted within the following non-residential zoning districts, subject to the
restrictions of all currently adopted codes and ordinances.
(a) Rural Commercial 2 (RC 2) (Section 17.04, Div II, Art II)
(b) Rural Commercial 3 (RC 3) (Section 17.04, Div II, Art III)
(c) Rural Commercial 4 (RC 4) (Section 17.04, Div II, Art IV)
(d) Rural Commercial 5 (RC 5) (Section 17.04, Div II, Art v)
(e) Rural Industrial (RI) (Section 17.04 Div III)
(f) Rural Natural Resource (RNR) (Section 17.04, Div IV)
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(g) Low Intensity Mixed Use (MU) — Shelton UGA (Section 17.07, Art 2)
(h) General Commercial (GC) —Shelton UGA (Section 17.07, Art 3)
(i) Commercial -Industrial (CI) — Shelton UGA (Section 17.07, Art 4)
(j) Airport Industrial (AI); subject to all codes, covenants, and restrictions of the Port of Shelton
Shelton UGA (Section 17.07, Art 5)
(k) Industrial (I) —Shelton UGA (Section 17.07, Art 6)
(I) Highway Commercial District (HC) —Allyn UGA (Section 17.12, Art III)
(m) Business Park (BP) —Allyn UGA (Section 17.12, Art IV)
(n) Mixed Use (MU) — Belfair UGA (Section 17.23.120)
(o) General Commercial (GC) — Belfair UGA (Section 17.24)
(p) Business Industrial (BI) — Belfair UGA (Section 17.24)
Licensed processors are permitted within the rural residential districts on parcels 5 acres or larger;
and are required to meet the building regulations floor -area -ratio, size, and height of non-
agricultural and accessory buildings for each respective zoning district. Licensed processors in Rural
Residential 5 must obtain a Special Use Permit.
SECTION 17.17.008 MARIJUA\A RETAILER LICI-NSHES
A marijuana retailer license allows the licensee to sell only usable marijuana, marijuana -infused
products, and marijuana paraphernalia at retail in retail outlets to persons twenty-one years of age
and older. Licensed marijuana processors are permitted within the following zoning districts and
subject to the restrictions of all currently adopted codes and ordinances:
(a) Rural Commercial 2 (RC 2) (Section 17.04 Div II, Art II)
(b) Rural Commercial 3 (RC 3) (Section 17.04 Div II, Art III)
(c) Rural Commercial 4 (RC 4) (Section 17.04 Div II, Art IV)
(d) Rural Commercial 5 (RC 5) (Section 17.04 Div II, Art v)
(e) General Commercial (GC) —Shelton UGA (Section 17.07, Art 3)
(f) Commercial -Industrial (CI) — Shelton UGA (Section 17.07, Art 4)
(g) Highway Commercial District (HC) — Allyn UGA (Section 17.12, Art III)
(h) Business Park (BP) —Allyn UGA (Section 17.12, Art IV)
(i) Mixed Use (MU) — Belfair UGA (Section 17.23.120)
(j) General Commercial (GC) — Belfair UGA (Section 17.24)
SECTION 17.17.008 - VIOLATIO\S
Any violations of this Chapter may be enforced as set forth in Chapter 15.13 (Enforcement), or as
applicable, in 69.50 RCW and 314-55 WAC.
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