Buckley City Zoning Code
CHAPTER 19
35 USE AND SALE OF MARIJUANA
§ 19.35.010 Purpose.
(1)
To ensure the marijuana industry in the community maintains the character and small-town feel.
(2)
To clearly state city regulations in such a way that supports incoming and existing businesses, as well as residential neighborhoods.
(3)
To allow industrial, recreational, and medicinal growing, processing, and retail sales in the city in conformance with state laws.
(Ord. 22-15 § 2, 2015)
§ 19.35.020 Applicability.
All marijuana facilities are subject to this chapter.
(Ord. 22-15 § 2, 2015)
§ 19.35.030 Review process.
(1)
Business licenses are required of all new businesses as specified in Chapter 6.04 BMC.
(2)
Under Chapter 19.33 BMC, new construction or reconstruction may require a site plan review.
(3)
Building permits will be needed to upgrade existing facilities to meet state standards.
(4)
Construction that is not exempt under the State Environmental Policy Act will require an environmental determination by the city's SEPA official.
(Ord. 22-15 § 2, 2015)
§ 19.35.040 General requirements.
(1)
All marijuana facilities shall be licensed by the state and must continually satisfy all of the requirements under regulations and rules promulgated by the State Liquor and Cannabis Board. The state license shall be provided to the city prior to opening and placed in the appropriate address file.
(2)
All marijuana facilities shall not be located within 1,000 feet of the perimeter of the grounds of any elementary or secondary school or public playground; and shall adhere to the following setbacks from the following uses:
(a)
Recreation center or facility: 100 feet.
(b)
Child care center: 100 feet.
(c)
Public park: 100 feet.
(d)
Public transit center: 100 feet.
(e)
Library: 100 feet.
(f)
Any game arcade admission to which is not restricted to persons aged 21 years or older: 100 feet.
(g)
Licensees who apply for a marijuana license at a location less than 1,000 feet from a recreation center or facility, child care center, public park, public transit center, library, or game arcade, must provide the Washington State Liquor and Cannabis Board (WSLCB) with a copy of the ordinance codified in this chapter pursuant to WAC 314-55-050(11).
(3)
Security shall be as specified in the state code.
(4)
Fees shall be charged for each action or permit in accordance with city resolution.
(5)
Hazardous materials that may be produced on site shall not enter the city's ecosystem, drainage system, or utility. All hazardous materials shall be disposed of in accordance with state regulations.
(6)
Parking areas shall be supplied as required in Chapter 19.28 BMC and the uses' classification shall be as follows:
(a)
Retail sales shall be considered "retail stores in general."
(b)
Processing and producing shall provide one parking stall plus one parking stall for each 1,000 square feet of processing and/or production area.
(7)
Landscaping shall be as required in Chapter 19.29 BMC.
(8)
Signs shall be in accordance with Chapter 19.30 BMC and presented to the city for sign approval and may include design review.
(9)
Marijuana producers, processors and retail sales shall incorporate odor control technology and provisions to ensure that emissions do not exceed regulations.
(10)
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 stormwater sewer system or be released into the atmosphere outside of the structure where the operation is located.
(11)
Odor control equipment shall be as approved by the Puget Sound Clean Air Agency.
(12)
Marijuana research facilities are disallowed in all zones.
(Ord. 15-18 § 2, 2018; Ord. 19-17 § 10, 2017; Ord. 22-15 § 2, 2015)
§ 19.35.050 Medical marijuana cooperatives.
(1)
Medical marijuana cooperatives must comply with all state law requirements.
(2)
No business license is required.
(3)
Medical marijuana cooperatives shall not exceed the number of members allowed by the state and each member shall be a qualifying patient as defined by state statute.
(4)
Medical marijuana cooperatives shall be enclosed in a permanent structure designed to comply with the building codes and state requirements for medical marijuana cooperatives.
(5)
No production, processing, advertising, or delivery may be visible to the public.
(6)
The city police department shall have the authority to inspect the site for compliance with all applicable permits at any time during the medical marijuana cooperative's regular business hours.
(7)
The facilities shall be addressed, but no sign or indication of the medical marijuana cooperative shall be visible from the lot on which the facility rests.
(8)
Individual production for qualifying patients shall follow the limitations under state statute.
(Ord. 22-15 § 2, 2015)
§ 19.35.060 Recreational retail.
(1)
Retail facilities shall have a separation distance of 3,000 feet, measured from the perimeter of the individual state-licensed marijuana retail store.
(2)
The limit on parcels used for retail marijuana facilities shall be two.
(3)
A boundary line adjustment shall not be allowed to enlarge the parcel.
(Ord. 15-18 § 3, 2018; Ord. 22-15 § 2, 2015)
§ 19.35.070 Marijuana producing.
(1)
Industrial hemp producing and processing shall be considered an agricultural crop and be exempt from the city's marijuana regulations.
(2)
Outdoor marijuana production is not allowed.
(3)
Production in a residential zone shall have the following performance standards:
(a)
A barrier buffer (BMC § 19.29.060(2)) and may use a secondary agricultural crop outside the facility;
(b)
A minimum lot size of two and one-half acres; and
(c)
Structural setbacks of 50 feet from each property line.
(d)
Processing may be co-located with producing facilities.
(4)
The limit on parcels used for marijuana processing shall be three.
(5)
A boundary line adjustment shall not be allowed to enlarge the parcel.
(Ord. 15-18 § 4, 2018; Ord. 22-15 § 2, 2015)
§ 19.35.080 Marijuana processing.
(1)
Extraction of oils from the marijuana plant is to be done by nonvolatile methods, such as closed loop systems or carbon dioxide.
(2)
Processing in a residential zone shall have the following performance standards:
(a)
A barrier buffer (BMC § 19.29.060(2)) and may use a secondary agricultural crop outside the facility;
(b)
A minimum lot size of two and one-half acres; and
(c)
Structural setbacks of 50 feet from each property line.
(d)
Producing may be co-located with processing facilities.
(3)
The limit on parcels used for marijuana processing shall be three; provided, that drying, packaging, and labeling marijuana grown on site shall not for this section be considered "processing."
(4)
A boundary line adjustment shall not be allowed to enlarge the parcel.
(Ord. 15-18 § 5, 2018; Ord. 22-15 § 2, 2015)
§ 19.35.090 Violations and enforcement.
(1)
It is the responsibility of the operator and/or the proprietor of any permitted use to provide such reasonable evidence and technical data as the enforcing officer may require to demonstrate that the use or activity is or will be in compliance with this code.
(2)
Failure of the enforcing officer to require such information shall not be construed as relieving the operator and/or the proprietor from compliance with this code.
(3)
Inspectors shall be admitted at all reasonable times to the extent authorized by state law.
(Ord. 22-15 § 2, 2015)
