Chapter 17.60
MARIJUANA-RELATED BUSINESS REGULATIONS

Sections:

17.60.010    Purpose.

17.60.020    Applicability and permitted zoning districts.

17.60.030    Medical cannabis.

17.60.040    Definitions.

17.60.050    Location criteria.

17.60.060    Development standards.

17.60.070    Off-street parking requirements.

17.60.080    Signs.

17.60.090    Landscaping requirements.

17.60.100    Site plan review.

17.60.110    Design standards and guidelines.

17.60.120    State license required.

17.60.130    City business license required.

17.60.140    No city liability – Indemnification.

17.60.150    Violations – Penalty.

17.60.160    Additional enforcement.

17.60.010 Purpose.

The purpose of this chapter is to:

A. To establish reasonable and uniform regulations for state licensed marijuana producers, marijuana processors, and marijuana retailers operating under the provisions of Chapter 69.50 RCW and applicable stated administrative rules.

B. Ensure that such state-licensed uses are located and developed in a manner that is consistent with the character and standards of this community.

C. To promote the health, safety, and general welfare of the citizens of the city of East Wenatchee. (Ord. 18-14 § 2, 2018; Ord. 15-14 § 5, 2015)

17.60.020 Applicability and permitted zoning districts.

A. Only state-licensed marijuana producers, marijuana processors, and marijuana retailers may locate in the city of East Wenatchee and then only pursuant to a license issued by the state of Washington. Specific marijuana-related business may be permitted within the following zoning districts:

1. Marijuana processor, marijuana producer, and marijuana retailer businesses may be permitted to operate within the general commercial (G-C) zoning district.

2. Marijuana retailers may be permitted to operate within the central business district (CBD) zoning district.

3. Marijuana processor and marijuana producer may be permitted to operate within the general industrial (I-G) zoning district.

B. No marijuana-related business may be operated in any residential, neighborhood commercial, light commercial, waterfront mixed use or mixed-use zoning district.

C. No use that purports to be a marijuana producer, processor or retailer, as defined and regulated herein, that was engaged in that activity prior to the enactment of this chapter or Ordinance 2014-01 shall be deemed to have status as a legally established use or entitled to claim legal nonconforming use status. (Ord. 18-14 § 2, 2018; Ord. 15-14 § 5, 2015)

17.60.030 Medical cannabis.

A. Medical Marijuana Cooperatives. Cooperatives as provided for in RCW 69.51A.250 are prohibited in all zoning districts.

B. Individual Medical Marijuana Growing. Qualifying patients or designated providers may grow up to the amounts authorized in RCW 69.51A.210 under the following provisions:

1. The grow operation shall comply with all locally applicable land use, development, and zoning regulation requirements, and future amendments.

2. The grow operation shall comply with rules and regulations adopted by the Washington State Liquor and Cannabis Board.

3. The property must be the primary residence of the qualifying patient or designated provider.

4. No more than 15 plants may be grown on the premises even if multiple qualifying patients or designated providers reside in the same housing unit or on the property.

5. Outdoor growing is prohibited.

6. All grow operations must be indoors within the primary dwelling or an accessory structure. If the grow operation is located in an accessory structure the following provisions apply:

a. Accessory structures shall be permanent structures constructed in compliance with the International Building Code as adopted by the city.

b. Accessory structures shall not include cargo containers, recreational vehicles or other similar types of structures.

c. The accessory structure must have 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 walls of the accessory structures shall be completely opaque (i.e., no light or image can be detected through the material). Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. The materials used for the walls must be typical building materials, no cardboard or other nonstructural materials may be used. The roof of the structure may include translucent panels allowing sunlight to penetrate. The material used for the translucent panels must be rigid and must comply with the adopted snow load requirements.

d. The accessory structure must be located behind the front yard setback and shall observe a five-foot setback from all other property lines. The structure must be placed at least five feet from any other structure on the premises.

7. Structures where marijuana is grown or stored must be equipped with ventilation/air filtration systems so that no odors are detectable from neighboring properties or public rights-of-way.

8. Home processing of medical marijuana shall not involve any combustible method and shall comply with all federal, state, and local laws and rules, including all standards adopted by the Washington State Liquor and Cannabis Board. (Ord. 18-14 § 2, 2018; Ord. 15-14 § 5, 2015)

17.60.040 Definitions.

The definitions established in RCW 69.50.101 and 69.51A.010 and WAC 314-55-010, and future amendments, are adopted by this reference, as supplemental and applicable to this chapter. In addition to those definitions adopted by reference, the terms used in this chapter shall have the following meanings:

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 24 hours licensed by the Washington State Department of Early Learning under Chapter 170-295 WAC.

B. “Church or place of worship” means a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.

C. “Cooperative” means the growing, production, processing, transportation, and delivery of cannabis (i.e., marijuana), by qualifying patients or designated providers for medical use, as set forth in RCW 69.51A.250.

D. “Dispense” means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.

E. “Dispenser” means a practitioner who dispenses.

F. “Elementary school” means a school for early education that provides the first four to eight years of basic education and is recognized by the Washington State Superintendent of Public Instruction.

G. “Game arcade” means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under 21 years of age are not restricted.

H. “Library” means an organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation.

I. “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.

J. “Marijuana” or “marihuana” means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; 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. The term 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.

K. “Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant cannabis and having a THC concentration greater than 60 percent.

L. “Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include useable marijuana.

M. “Marijuana processor” means a person licensed by the State Liquor and Cannabis Board 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.

N. “Marijuana producer” means a person licensed by the State Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

O. “Marijuana-related business” means a business operating under a license issued in accordance with Chapter 314-55 WAC as a marijuana producer, a marijuana processor, or a marijuana retailer.

P. “Marijuana retailer” means a person licensed by the State Liquor and Cannabis Board to sell marijuana concentrates, useable marijuana and marijuana-infused products in a retail outlet.

Q. “Medical use of marijuana or cannabis” means the manufacture, production, possession, transportation, delivery, ingestion, application, or administration of marijuana for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating medical condition.

R. “Perimeter” means a property line that encloses an area.

S. “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.

T. “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.

U. “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.

V. “Recreation center or facility” means a supervised center that provides a broad range of activities and events intended primarily for use by persons under 21 years of age, owned and/or managed by a charitable nonprofit organization, city, county, state, or federal government.

W. “Residential dwelling unit” means a building or portion thereof designed exclusively for a residential occupancy including one-family, two-family, three-family and multifamily dwellings.

X. “Retail outlet” means a location licensed by the State Liquor and Cannabis Board for the retail sale of marijuana concentrates, useable marijuana, and marijuana-infused products.

Y. “Useable marijuana” means dried marijuana flowers. The term “useable marijuana” does not include either marijuana-infused products or marijuana concentrates.

Z. “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 12 and recognized by the Washington State Superintendent of Public Instruction. (Ord. 18-14 § 2, 2018; Ord. 15-14 § 5, 2015)

17.60.050 Location criteria.

A. Separation Requirements. No marijuana producer, processor or retail outlet may locate within 1,000 feet of the perimeter of the grounds of any of the following entities. The distance shall be measured as the shortest straight line distance from the property line of the proposed building/business location to the property line of the entities listed below:

1. Elementary or secondary school;

2. Playground;

3. Recreation center or facility;

4. Child care center;

5. Public park;

6. Public transit center;

7. Library;

8. Game arcade (where admission is not restricted to persons age 21 or older);

B. If a use listed in subsection A of this section locates within 1,000 feet of a licensed marijuana-related business after the marijuana-related business is lawfully established such use shall not benefit from the separation requirements of this subsection. A marijuana-related business is lawfully established under the East Wenatchee Municipal Code if it is located and operating in compliance with the requirements of this chapter.

C. No marijuana-related business may operate within a residential structure, within any other structure used for human habitation, or within a structure physically attached to a residence or a place of human habitation. When a structure has no human habitation, it means that no people live there on a temporary or permanent basis.

D. No marijuana retailer is allowed as a subordinate or accessory use in any land use district. (Ord. 18-14 § 2, 2018; Ord. 15-14 § 5, 2015)

17.60.060 Development standards.

A. A marijuana-related business must comply with the development standards of the underlying zoning district.

B. A marijuana-related business must comply with the requirements of all city construction codes including but not limited to building, plumbing, mechanical, and fire.

C. No outdoor production or processing is allowed. Marijuana production and processing must be conducted within a fully enclosed and secure structure that complies with the Washington State Building Code, as adopted by the city. The structure must have 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-eighth-inch or thicker plywood or equivalent materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.

D. Buildings for marijuana production and/or processing are classified as an F1 occupancy. All buildings must be equipped with a ventilation and odor control system, designed by a professional engineer. The odor control system must be based on proven technology for the intended purpose. The system designer shall submit certification that the ventilation and odor control system will control odors such that odors cannot be detected at any property line of the parcel on which the marijuana production and/or processing facility is located, at another building or occupancy on the same lot as the marijuana business yet not related to it, and in no case more than 100 feet from the building. The ventilation and odor control system must remain functional and effective continuously during production and processing.

E. Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting the marijuana-related business must be in effect at all times. In the event that any odors, dust, fluids or other substances exit a marijuana-related business, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for the immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations.

F. All fertilizers, chemicals, gases, and hazardous materials shall be handled in compliance with all applicable local, state and federal regulations. No fertilizers, chemicals, gases or hazardous materials shall be allowed to enter a sanitary sewer or storm sewer system, nor be released into atmosphere where the business is located. Waste materials generated from any facility must be disposed of in accordance with the plan filed as part of the license application and consistent with WAC 314-55-097.

G. Marijuana/cannabis extraction systems require an International Fire Code Operational Permit and must comply with IFC Chapter 38 and Section 5307.1 as adopted by the state of Washington. (Ord. 18-14 § 2, 2018; Ord. 15-14 § 5, 2015)

17.60.070 Off-street parking requirements.

The off-street parking requirements shall be as set forth in EWMC 17.72.010, including all future amendments. The table below provides the parking spaces needed for each type of marijuana-related business based upon uses that are similar in nature and intensity based upon Table 17.72.010(G) EWMC.

 

MARIJUANA-RELATED BUSINESS TYPE

LAND USE

STANDARDS

Marijuana producer

Nursery or greenhouse

1 space for each 400 s.f. of interior growing area

Marijuana processor

Wholesale trade, manufacturing, processing, packing, or storage

1 space/1,000 s.f. of GFA plus 1 space/2 employees based upon the annual average of the largest shift

Marijuana retailer

Retail food or merchandise

(1) Up to 2,000 s.f. of GFA: 4 spaces/1,000 s.f. of GFA

(2) 2,001 – 7,500 s.f. of GFA: 3.5 spaces/1,000 s.f. of GFA

(3) 7,501 – 40,000 s.f. of GFA: 2.85 spaces/1,000 s.f. of GFA

(4) 40,001+ s.f. of GFA: 2.5 spaces/1,000 s.f. of GFA

(Ord. 18-14 § 2, 2018; Ord. 15-14 § 5, 2015)

17.60.080 Signs.

All signage and advertising for a marijuana processor, producer, and retailer must comply with Chapter 69.50 RCW, WAC 314-55-155, and Chapters 15.24 and 17.74 EWMC, including all future amendments. (Ord. 18-14 § 2, 2018; Ord. 15-14 § 5, 2015)

17.60.090 Landscaping requirements.

All developments in this district must comply with the landscaping requirements in Chapter 17.72 EWMC, including all future amendments. (Ord. 18-14 § 2, 2018; Ord. 15-14 § 5, 2015)

17.60.100 Site plan review.

Site plan review and approval pursuant to Chapter 17.80 EWMC shall be required prior to the use of land for any marijuana-related business. (Ord. 18-14 § 2, 2018; Ord. 15-14 § 5, 2015)

17.60.110 Design standards and guidelines.

Development within this district must comply with the applicable sections of the Greater East Wenatchee Urban Area Design Standards and Guidelines, including all future amendments. (Ord. 18-14 § 2, 2018; Ord. 15-14 § 5, 2015)

17.60.120 State license required.

Such facilities and uses may be located only at the designated sites licensed by the state of Washington and fully conforming to state laws. A valid, current license is required from the Washington State Liquor and Cannabis Board for operation of any marijuana, producer, processor or retail outlet. A copy of the state license must be submitted to the city as part of the application for a business license required by EWMC 17.60.130. (Ord. 18-14 § 2, 2018; Ord. 15-14 § 5, 2015)

17.60.130 City business license required.

A marijuana processor, producer, and retailer must obtain a city business license prior to operation of the business. The issuance of a city business license does not grant any special authority for the production, processing or sale of marijuana. The issuance of a city business license does not grant any special privilege to violate federal law. Obtaining a city business license does not provide a licensee with any affirmative defense to a violation of federal law. By accepting a city issued business license, the licensee waives and releases the city, its officers, elected officials, employees, volunteers and agents from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers for a violation of federal, state or local laws and regulations. (Ord. 18-14 § 2, 2018; Ord. 15-14 § 5, 2015)

17.60.140 No city liability – Indemnification.

The production, processing and retailing of marijuana is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the city of East Wenatchee is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state-licensed marijuana producers, marijuana processors, and marijuana retailers may locate in the city of East Wenatchee and then only pursuant to a license issued by the state of Washington. (Ord. 18-14 § 2, 2018; Ord. 15-14 § 5, 2015)

17.60.150 Violations – Penalty.

A. Civil Penalty. A violation of any provision of this chapter is a Class 1 civil infraction.

B. Separate Offense. Each day during any portion of which a violation of any provision of this chapter is committed or is permitted is a separate offense. (Ord. 18-14 § 2, 2018)

17.60.160 Additional enforcement.

The remedies found in this chapter are not exclusive. The city may seek any other, available legal or equitable relief. (Ord. 18-14 § 2, 2018)