Chapter 18.25
CANNABIS-RELATED USES
Sections:
18.25.020 Cannabis-related uses--General.
18.25.030 Cannabis producers and processors.
18.25.050 Sensitive use buffers.
18.25.060 Enforcement--Penalty.
18.25.070 Legal nonconforming uses.
18.25.010 Definitions.
Unless the context clearly indicates otherwise the terms within this chapter shall have the meanings established pursuant to Chapter 18.08. Any terms not defined in Chapter 18.08 shall have meanings established pursuant to RCW 69.50.101. (Ord. 611 §2, 2023)
18.25.020 Cannabis-related uses--General.
A. The production, processing, and retailing of cannabis is and remains illegal under federal law. Nothing in this chapter is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law.
B. This chapter incorporates the requirements and procedures set forth in Chapter 69.50 RCW and Chapter 314-55 WAC. Except as otherwise specifically provided herein, in the event of any conflict between the provisions of this chapter and the provisions of Chapter 69.50 RCW or Chapter 314-55 WAC, the more restrictive provision shall control.
C. The regulations under Chapter 69.50 RCW and Chapter 314-55 WAC, now or as may hereafter be amended, shall apply to all cannabis producers, processors, retailers, and retail outlets in addition to the provisions of this chapter.
D. Only cannabis producers, cannabis processors, and cannabis retailers licensed by the Washington State Liquor and Cannabis Board may locate in the town.
E. Cannabis producers, cannabis processors, and cannabis retailers are required to acquire all additional necessary business licenses and permits and comply with all other applicable town ordinances and regulations.
F. The town may, prior to issuance of any license or permit, perform an inspection of the proposed premises to determine compliance with any applicable requirements of this chapter and all other applicable town ordinances and regulations. (Ord. 611 §2, 2023)
18.25.030 Cannabis producers and processors.
Cannabis producers and cannabis processors licensed by the Washington State Liquor and Cannabis Board are permitted only in the industrial (I) zone, subject to the requirements and other general provisions as set forth in this title, except where modified by this chapter.
A. Cannabis producers and cannabis processors shall not operate as an accessory to a primary use or as a home occupation. Law enforcement officials must have access to the premises for inspections without a warrant (WAC 314-55-015(5)).
B. All cannabis production and processing activities shall occur within an enclosed structure and the facility shall be designed, located, constructed, and buffered to blend in with its surroundings and mitigate significant adverse impacts on adjoining properties and the community. Special attention shall be given to minimizing odor, noise, light, glare, and traffic impacts.
C. Local governments are specifically authorized to prohibit licensed cannabis businesses on lands zoned for residential or rural use with a minimum lot size of five acres or smaller (RCW 69.50.331(9)). (Ord. 611 §2, 2023)
18.25.040 Cannabis retailers.
Cannabis retailers licensed by the Washington State Liquor and Cannabis Board are permitted only in the commercial zone, subject to the requirements and other general provisions as set forth in this title, except where modified by this chapter.
A. Cannabis retailers shall not operate as an accessory to a primary use or as a home occupation.
B. Any cannabis odor shall be contained within the cannabis retail outlet so that the odor of cannabis cannot be detected from any abutting use or property by a person with a normal sense of smell. If any cannabis odor can be smelled from any abutting use or property, the cannabis retailer shall be required to implement measures necessary to contain the odor, including, but not limited to, installation of ventilation equipment.
C. In addition to the security requirements in Chapter 315-55 WAC, during business hours, all cannabis retailers shall store all usable cannabis, cannabis infused products, and cash in a safe or in a substantially constructed and locked cabinet. The safe or cabinet shall be incorporated into the building structure or securely attached thereto. (Ord. 611 §2, 2023)
18.25.050 Sensitive use buffers.
A. Cannabis producers and processors shall not locate within one thousand feet of the following uses, or any use included in Chapter 314-55 WAC now or as hereafter may be amended, unless otherwise regulated in state law:
1. Public or private elementary or secondary school, school bus stop or any facility owned or operated by such school;
2. Childcare center, preschool, nursery school, or other childcare facility;
3. Public park, trail, ORV park or playground;
4. Any real property designated in the capital improvement plan for future park use;
5. Recreation center or swimming pool;
6. Church, temple, synagogue, mosque, or chapel;
7. Public transit center; or
8. Public library.
B. Cannabis retailers and outlets shall not locate:
1. Within one thousand feet of the following uses:
a. Public or private elementary or secondary school, school bus stop or any facility owned or operated by such school;
b. Childcare center, preschool, nursery school, or other childcare facility.
2. Within five hundred feet of the following uses or any use included in Chapter 314-55 WAC now or as hereafter may be amended, unless otherwise regulated in state law:
a. Public park, trail, ORV park or playground;
b. Any real property designated in the capital improvement plan for future park use;
c. Recreation center or swimming pool;
d. Church, temple, synagogue, mosque, or chapel;
e. Public transit center; or
f. Public library.
3. The buffer restrictions in subsections (B)(1) and (2) of this section shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located to the nearest point of the parcel of property from which the proposed land use is to be separated. (Ord. 611 §2, 2023)
18.25.060 Enforcement--Penalty.
A. Any violation of this chapter is declared to be a public nuisance per se and, in addition to any other remedy provided by law or equity, may be abated by the town under applicable provisions of this code or state law.
B. No person or entity may violate or fail to comply with any provision of this chapter. Each person or entity commits a separate offense for each and every day they commit, continue, or permit a violation of any provision of this chapter. (Ord. 611 §2, 2023)
18.25.070 Legal nonconforming uses.
No use that constitutes or purports to be a cannabis producer, processor or retailer, as those terms are defined in this title, that was engaged in that activity prior to the enactment of the ordinance codified in this chapter shall be deemed to have been a legally established use under the provisions of the Wilbur Municipal Code and that use shall not be entitled to claim legal nonconforming use status. (Ord. 611 §2, 2023)