Editor's note— Ord. No. 954, § 2(Exh. A), adopted April 19, 2022, repealed § 15.110.010, which pertained to collective gardens and derived from Ord. No. 832, § 3, adopted June 18, 2013.

Editor's note— Ord. No. 954, § 2(Exh. A), adopted April 19, 2022, repealed § 15.110.020, which pertained to medical cannabis collective gardens and derived from Ord. No. 832, § 3, adopted June 18, 2013.

A.

Unless the context clearly indicates otherwise, all terms used in Sections 15.110.030, et seq. shall have the meanings established pursuant to RCW 69.50.101.

(Ord. No. 839, § 2(Exh. B), 12-3-2013; Ord. No. 954, § 2(Exh. A), 4-19-2022; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A.

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 Carnation 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 Carnation and then only pursuant to a license issued by the state of Washington. The purposes of these provisions is solely to acknowledge the enactment by Washington voters of Initiative 502 and a state licensing procedure and to permit to, but only to, the extent required by state law marijuana producers, marijuana processors, and marijuana retailers to operate in designated zones of the city.

B.

Marijuana producers may be located only in the Horticultural Commercial (HC) zone of the city. Such facilities and uses may be located only at designated sites licensed by the state of Washington and fully conforming to state law.

C.

Marijuana processors may be located only in the Horticultural Commercial (HC) zone of the city Such facilities and uses may be located only at designated sites licensed by the state of Washington and fully conforming to state law.

D.

Marijuana retailers may be located only in the Agri-Tourism and Industries (AGI), Horticultural Commercial (HC), Light Industrial/Manufacturing (LI/M), and Service Commercial (SC) zones of the city. Such facilities and uses may be located only at designated sites licensed by the state of Washington and fully conforming to state law. Location restrictions apply: RCW 69.50.331(8)

E.

In addition to any other applicable remedy and/or penalty, any violation of this section is declared to be a public nuisance per se, and may be abated by the city attorney under the applicable provisions of this code or state law, including but not limited to the provisions of CMC Chapter 8.26.

(Ord. No. 839, § 2(Exh. B), 12-3-2013; Ord. No. 954, § 2(Exh. A), 4-19-2022; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A.

"Cooperatives" as described in RCW 69.51A.250(1) are prohibited in the following zoning districts:

1.

All residential zones, including without limitation the R2.5, R3, R4, R6, R12, R24, and RMHP zoning districts;

2.

All commercial zones, including without limitation the AGI, CBD, HC, MU, and SC zoning districts;

3.

All light industrial/manufacturing zones, including without limitation the LI/M zoning district;

4.

All parks and recreation zones, including without limitation the P/R zoning district; and

5.

Any new zoning district(s) established after the effective date of the ordinance codified in this chapter.

B.

In addition to any other applicable remedy and/or penalty, any violation of this section is declared to be a public nuisance per se, and may be abated by the city attorney under applicable provisions of this code and/or state law, including without limitation the provisions of Chapter 8.26 CMC.

(Ord. No. 954, § 2(Exh. A), 4-19-2022)