The purpose of this chapter is to implement Chapter 69.50 RCW, the Washington Uniform Controlled Substances Act, and Chapter 314-55 WAC, which address the producing, processing, and retailing of cannabis (marijuana). This chapter addresses facilities for such uses by establishing criteria to adequately separate such facilities from schools, community centers, parks, licensed daycare facilities, and other such facilities, and to establish minimum performance standards to address public health, safety, and impacts from such facilities. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-18 § 2 (Exh. B) (part))

A.    This chapter shall apply to all unincorporated areas of the county.

B.    The location restrictions and special standards in this section apply to any facility that:

1.    Is a producer of cannabis as defined in WAC 314-55-075;

2.    Is a processor of cannabis as defined in WAC 314-55-077; or

3.    Is a retailer of cannabis as defined in WAC 314-55-079.

C.    This chapter does not pertain in any respect to medical cannabis cooperatives as defined in WAC 314-55-410. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-18 § 2 (Exh. B) (part))

Applicants for state-licensed cannabis production, processing, or retailing approvals may apply for county development permits at any time. Applicants who wish to apply for county permits, or commence construction of facilities for producing, processing, or retailing of cannabis under Chapter 69.50 RCW, as now in effect or hereafter amended, prior to obtaining approval as a state-licensed cannabis producer, processor, or retailer, do so at their own risk. Final occupancy for any building permit will not be granted until a Washington State Liquor and Cannabis Board license has been approved. Application for and/or issuance of a license from the state of Washington shall not vest the activity under Adams County Code. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-18 § 2 (Exh. B) (part))

Subject to the requirements in this chapter, cannabis facilities as defined in this title may be sited as follows:

A.    Cannabis production facilities may be allowed on legal parcels of at least five acres in size zoned PA-40, PA-60 and GA-20, and on legal conforming parcels zoned LI and HI.

B.    Cannabis processing facilities may be allowed on legal parcels as follows:

1.    Processor I facilities, on legal conforming parcels zoned LI and HI;

2.    Processor I facilities, on parcels of at least five acres in size zoned GA-20 and PA-40, PA-60, but only as accessory to licensed production facilities;

3.    Processor II facilities, on parcels zoned HI and LI;

4.    Processor II facilities are allowed in the agricultural zoned districts with a conditional use permit and are limited to the product grown and produced on site and under the same ownership and are limited to those processes that are determined to be nonhazardous as determined by the Fire Code Official. Hazardous processes may include but are not limited to:

a.    Processes that use hazardous materials (i.e., flammable/combustible liquids, carbon dioxide (CO2), liquefied petroleum gases (i.e., butane, propane);

5.    Cannabis businesses are not permitted as a home occupation under Section 17.69.200;

6.    Cannabis retailing facilities may be allowed on legal conforming parcels zoned commercial;

7.    No production or processing facilities are allowed within one thousand feet of the perimeter of the grounds 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 pursuant to WAC 314-55-050(2)(a):

a.    Elementary or secondary school;

b.    Public playground;

c.    Recreation center or facilities.

d.    Child care center;

e.    Public park;

f.    Public transit center;

g.    Library;

h.    Any game arcade where admission is not restricted to persons aged twenty-one or older;

i.    Churches and religious facilities; or

j.    Substance use disorder treatment facilities;

8.    No retail facilities are allowed within one thousand feet of the perimeter of the grounds 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 pursuant to WAC 314-55-050(2)(a):

a.    Elementary or secondary school;

b.    Playground;

9.    No retail facilities are allowed within five hundred feet of the perimeter of the grounds 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 pursuant to WAC 314-55-050(3)(a):

a.    Recreation center or facility;

b.    Child care center;

c.    Public park;

d.    Public transit center;

e.    Library;

f.    Any game arcade where admission is not restricted to persons aged twenty-one or older;

g.    Churches and religious facilities; or

h.    Substance use disorder treatment facilities;

10.    Where allowed, production and processing facilities may co-locate on the same parcel, if they otherwise meet the requirements of Chapter 314-55 WAC and this chapter;

11.    Medical marijuana cooperatives, as established in RCW 69.51A.250, as now in effect or hereafter amended, are prohibited in unincorporated Adams County. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-18 § 2 (Exh. B) (part))

A.    The requirements of Chapter 69.50 RCW and Chapter 314-55 WAC are considered minimum standards for the purposes of this section.

B.    Any facilities as described in Section 17.60.020(B)(2) shall be located entirely within an enclosed and secure structure with an engineered foundation, and shall be constructed in compliance with Titles 15 (Buildings and Construction) and 14 (Fire Prevention).

C.    Cannabis plants, products, and paraphernalia shall not be visible from outside the building in which the cannabis business is located.

D.    Cannabis plants shall not be visible from the public right-of-way or any public place.

E.    Signs.

1.    In accordance with RCW 69.50.369, all licensed producers and processors shall post a sign visible from a public road right-of-way identifying the licensee’s official business or trade name and state-issued license number.

2.    In accordance with RCW 69.50.369, licensed cannabis retailers shall not display any signage in a window, on a door, or on the outside of the premises of a retail outlet that is visible to the general public from a public right-of-way, other than two signs no larger than one thousand six hundred square inches each identifying the retail outlet by the licensee’s business or trade name.

3.    Signs shall be subject to applicable sections in Chapter 17.66.

F.    Hours of operation for retailing facilities shall be between eight a.m. and eleven p.m.

G.    Measures shall be implemented to prevent adverse health and safety effects to nearby residents from odors, noise, noxious gases, light, smoke and security.

1.    Odors. Facilities shall not create odors or smoke that is objectionable to residents or employees of adjacent properties.

2.    Lighting. All lights used for security shall be shielded or positioned to prevent glare impacts to nearby properties.

3.    Noise. Maximum noise levels of WAC 173-60-040 shall not be exceeded.

4.    Security. Security measures shall include, at a minimum, the requirements of WAC 314-55-083.

H.    Waste Disposal. Waste materials generated from any facility must be disposed of in accordance with the plan filed as part of the license application.

I.    Buffer Restrictions.

1.    Outdoor and indoor production enclosures must be physically separated by a minimum of twenty feet from one another and may not share a common fence or wall pursuant to Chapter 69.50 RCW, as now in effect or hereafter amended.

2.    An eight-hundred-foot buffer shall be required for all outdoor and indoor production and processing facilities to residential dwelling(s) that are not co-owned. The measurement of the buffer shall be measured as the shortest straight line distance from the state-licensed marijuana production and/or processing facility (fence, wall, building, or structure) boundary to the nearest wall of the existing residential unit (dwelling), except where the new production and/or processing facility abuts a parcel containing a residential unit (dwelling) that is co-owned by an existing production and/or processing facility, an eight-hundred-foot buffer may not be required.

3.    No marijuana facility or retailing activity including, but not limited to, sales or retail outlets shall be approved or located within one-half mile from unincorporated residential zones.

4.    No marijuana facility or retailing activity including, but not limited to, sales or retail outlets within unincorporated Adams County may be located within two miles from the municipal boundary of the city of Othello and one mile from the municipal boundary of the City of Ritzville. Where allowed, production and processing facilities may co-locate on the same parcel, if they otherwise meet the requirements of Chapter 314-55 WAC and this chapter.

J.    Farmland Setback. The minimum setbacks required for all state-licensed marijuana outdoor and indoor production and processing facilities located in agricultural zones adjacent to farmland shall be as follows:

1.    The minimum required setback for state-required fence or wall shall be at least two hundred feet from any property line or road right-of-way, whichever is greater, except where a new production or processing facility parcel abuts an existing production or processing facility parcel, then the required fence or wall side and rear setback may be reduced to twenty feet.

2.    The minimum required setback for a greenhouse and all other accessory structures involved in the production, processing, or storage of usable marijuana shall be at least two hundred feet from any property line or road right-of-way, whichever is greater, except where the greenhouse or accessory structure involved in the production or processing of marijuana abuts an existing production or processing facility parcel, then the minimum required side and rear setbacks between those two parcels shall meet the setbacks of the underlying zone.

3.    The minimum required front, rear, and side setbacks for all accessory structures and buildings that are not involved in the production, processing, or storage of usable marijuana shall meet the requirements of the underlying zone.

K.    Approval Process. Applications for production, processing, and retailing facilities shall be considered using a Type II process pursuant to Chapter 17.94.

L.    Enforcement. Violations of this chapter shall be subject to enforcement action as contained in Chapter 17.88, Enforcement. (Ord. O-02-25 § 1 (Exh. A))