Chapter 18.150
MARIJUANA
Sections:
18.150.050 Recreational marijuana production, processing and retail sales – Conditional use.
18.150.060 Recreational marijuana standards.
18.150.070 Medical marijuana standards.
18.150.080 No nonconforming uses.
18.150.010 Purpose.
The purpose of this chapter is to establish zoning regulations that provide for state licensed recreational and medical marijuana land uses consistent with Washington State law, including but not limited to Chapters 46.61, 69.50, 69.51 and 69.51A RCW, Medical Cannabis, and Chapter 314-55 WAC, adding local standards to address potential public health, safety and welfare considerations. [Ord. 2019-02; Ord. 2015-02 § 2.]
18.150.020 Authority.
RCW 69.50.500 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 medical 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 violations of local rules or ordinances, including, but not limited to: Building and fire codes, zoning ordinances, and business licensing requirements,” WAC 314-55-020(aa). While an approved license does not circumvent local ordinances, the state will also not deny a license based solely on noncompliance with local land use regulations. Therefore, it is incumbent upon Columbia County to adopt this chapter as the county’s policies and procedures with respect to marijuana as allowed. [Ord. 2019-02; Ord. 2015-02 § 2.]
18.150.030 Definitions.
A. Unless the context clearly requires otherwise, the definitions of CCC 18.10.010 apply herein.
B. Definitions from RCW 69.50.101 and WAC 315-55-010, as further amended, are adopted herein for the purpose of this chapter only. [Ord. 2019-02; Ord. 2015-02 § 2.]
18.150.040 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., and the Uniform Controlled Substances Act (Chapter 69.50 RCW) or to otherwise permit any activity that is prohibited under either Act, or any other local, state or federal law, statute, rule or regulation. [Ord. 2019-02; Ord. 2015-02 § 2.]
18.150.050 Recreational marijuana production, processing and retail sales – Conditional use.
A. Zones wherein recreational marijuana land use is conditionally allowed:
1. Recreational marijuana production land uses may only be allowed subject to conditional use permit approval in A-1, A-2, and A-3 areas identified by this title, and where the land is not within a designated urban growth area as adopted within the official zoning map.
2. Recreational marijuana processing may only be allowed subject to conditional use approval in LI-1 and HI-1 areas identified by this title, and where the land is not within a designated urban growth area as adopted within the official zoning map.
3. Recreational marijuana retail sales may only be allowed subject to conditional use approval in C-1 commercial zone areas identified by this title, and where the land is not within a designated urban growth area as adopted within the official zoning map.
B. The determinations on conditional uses shall be made utilizing the hearing by the hearing examiner pursuant to Chapter 18.80 CCC and decision made on conditional uses for marijuana production, processing and/or retail sales shall be afforded substantial weight on review.
C. Approval of the required conditional use permit shall be only for one year and must be renewed annually.
D. Recreational marijuana production, processing, and retail sales land use may be allowed if, among other factors, they meet the stated purpose and general intent of the zone in which the uses are proposed to be located and share characteristics common with and are not of greater intensity, density or generate more environmental impact than those uses listed in the land use zone in which they are to be located.
E. Recreational marijuana production, processing and retail sales land uses are subject to and must comply with all currently adopted codes and ordinances.
F. Where there is a conflict of designations between the land use ordinance and the comprehensive plan, the land use ordinance designation shall prevail.
G. Buildings where cannabis is grown, stored, or dispensed must be equipped with ventilation/air filtration systems so that no odors are detectable off premises.
H. In retail locations, marijuana plants, products, and paraphernalia shall not be visible from outside the building in which the marijuana business is located.
I. For signage, marijuana retail, processing and production businesses shall be subject to the substantive requirements of WAC 314-55-155. No off-premises signage is permitted.
J. The hearing examiner may revoke conditional use permits based on a finding that the provisions of this section have not been met per CCC 18.05.080(H)(3). [Ord. 2019-02; Ord. 2015-02 § 2.]
18.150.060 Recreational marijuana standards.
In addition to all requirements set forth in this title, and in addition to any special conditions of approval applied to a recreational marijuana conditional use permit, the following standards shall apply:
A. Marijuana Production.
1. Where marijuana production is proposed indoors, it must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors, and shall include the following improvements:
a. The proposed use or facility must be licensed by the state of Washington and must at all times be in compliance with the laws of Washington State including but not limited to Chapter 314-55 WAC; and
b. Ventilation and air filtration systems must be installed to ensure no odor escapes the structure; and
c. Black-out curtains shall be utilized to ensure no light pollution from growing lights affects neighboring landowners; and
d. Any/all buildings utilized for production must meet a setback of at least two times the minimum required per this title; and
e. Existing structures that do not meet the setback requirement cannot be utilized as a marijuana production space; and
f. The land utilized for processing must be a stand-alone property, with no other uses existing on the parcel/lot.
2. Outdoor production is permitted where the following conditions can be met:
a. Five-hundred-foot setback from any adjacent property line and/or county road; and
b. Obstruction of all outdoor grow areas by use of a sight-obscuring fence of at least eight feet in height with engineering design and building permit issuance for said fence; and
c. Marijuana plants, products, and equipment utilized for production shall not be visible from behind the fence or wall; and
d. The land utilized for processing must be a stand-alone property, with no other uses existing on the parcel/lot; and
e. The use must be licensed by the state of Washington and must at all times be in compliance with the laws of Washington State including but not limited to Chapter 314-55 WAC.
3. No more than three marijuana producers shall be allowed within the county, with spatial separation by one marijuana producer per commissioner district.
B. Marijuana Processing.
1. Marijuana processing must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors, and shall include the following improvements:
a. The proposed use or facility must be licensed by the state of Washington and must at all times be in compliance with the laws of Washington State including but not limited to Chapter 314-55 WAC; and
b. Ventilation and air filtration systems must be installed to ensure no odor escapes the structure; and
c. Black-out curtains shall be utilized to ensure no visibility from outside the building; and
d. Any/all buildings utilized for processing must meet a setback of at least two times the minimum required per this title; and
e. Existing structures that do not meet the setback requirement cannot be utilized as a marijuana processing space; and
f. The land utilized for processing must be a stand-alone property, with no other uses existing on the parcel/lot.
2. Marijuana processing must take place at least 500 feet away from any neighboring residential dwelling unit and/or residential zones per the Columbia County zoning map.
3. No more than three marijuana processors shall be allowed within the county, with spatial separation by one producer per commissioner district.
C. Marijuana Retail.
1. Retailers must ensure that the business does not unnecessarily disrupt neighboring land use through sufficient customer parking, retail space to accommodate anticipated customers inside the retail store, and discouragement of loitering before or after retail transaction.
2. Marijuana retail must take place within a fully enclosed secure indoor facility, and shall include the following improvements:
a. The proposed use or facility must be licensed by the state of Washington and must at all times be in compliance with the laws of Washington State including but not limited to Chapter 314-55 WAC; and
b. Any/all buildings utilized for retail must meet a setback of at least two times the minimum required per this title; and
c. Existing structures that do not meet the setback requirement cannot be utilized as a marijuana retail space.
3. No more than the allowed number of retailer licenses shall be permitted per the Washington State Liquor and Cannabis Board. [Ord. 2019-02; Ord. 2015-02 § 2.]
18.150.070 Medical marijuana standards.
This chapter shall not supersede rights and obligations under Washington law for individual medically authorized users to grow marijuana for their use on private property, or designate individual parties to do so on their behalf pursuant to Chapter 69.51A RCW. Unless otherwise specified by state law, facilities associated with the production, processing, transporting, and delivering of cannabis for medical use, including but not limited to collective gardens, must adhere to the following requirements:
A. The use or facility must be licensed by the state of Washington and must at all times be in compliance with all the laws of Washington State, including, but not limited to, the provisions of Chapter 69.51A RCW.
B. Licensees must maintain documentation demonstrating that all required federal, state, and local taxes, fees, fines, and penalties have been paid and that there are no past due obligations.
C. All processing and retail facilities and uses must be located entirely within a fully enclosed, secure, indoor facility or greenhouse with rigid walls, a roof, and doors.
D. Buildings where cannabis is grown, stored, or dispensed must be equipped with ventilation/air filtration systems so that no odors are detectable off premises. If produced outdoors, a sight-obscuring eight-foot-tall fence must be constructed.
E. No medically authorized user shall grow more than the number of marijuana plants specified on their recognition card, up to a maximum of six medically authorized marijuana plants.
F. No more than 15 medically authorized marijuana plants may be grown, processed or possessed in a housing unit with multiple medically authorized marijuana user residents.
G. No portion of these activities may be seen by normal unaided vision, or smelled from a public place or private housing residence.
H. Subject to applicable federal, state, and local laws, any owner, lessor, or leasing agent may request or require disclosure of a renter’s or lessee’s desire to produce or process marijuana within a rented or leased dwelling unit.
I. Production or processing of marijuana or marijuana-infused products or storage or growing of plants in residence, pursuant to Chapter 69.51A RCW, that can be readily seen by normal unaided vision, or readily smelled from a public place or private residence, shall constitute a nuisance for enforcement purposes. [Ord. 2019-02.]
18.150.080 No nonconforming uses.
No use that constitutes or purports to be a marijuana producer, marijuana processor, or marijuana retailer that was engaged in that activity prior to the enactment of this chapter shall be deemed to have been a legally established use under the provisions of this code and that use shall not be entitled to claim legal nonconforming status. [Ord. 2019-02.]
18.150.090 Violations.
Any violations of this chapter may be enforced as set forth in CCC Title 19, Code Enforcement; Chapter 69.50 RCW; Chapter 314-55 WAC, or other applicable regulation or law. Enforcement and prosecution authority contained herein is nonexclusive to any and all other available enforcement and prosecution available at law. [Ord. 2019-02; Ord. 2017-06; Ord. 2015-02 § 2. Formerly 18.150.070.]