Castle Rock City Zoning Code
CHAPTER 17
57 MARIJUANA RELATED USES
§ 17.57.010 Marijuana related uses.
A.
The purpose of this chapter is to establish standards to govern the permitting of state-licensed facilities to produce, process, or sell marijuana in accordance with the provisions of the laws of Washington State, including but not limited to Chapter 69.51A RCW, Medical Cannabis, Chapters 46.61, 69.50 and 69.51 RCW, Chapter 314-55 WAC, and all other applicable rules promulgated by the state of Washington.
1.
The city may require such information as may be necessary to insure full compliance with the provisions of state and local laws. Failure to provide required information may be the basis for the disapproval of the required city permits, licenses, and/or approvals.
2.
In the event that a court with jurisdiction declares some or all of the state or local laws or regulations governing marijuana related uses invalid, then the city may, upon advice of the city attorney, suspend the acceptance of applications or the renewal of permits pending the resolution of the legal issue in question.
3.
Any marijuana use or activity operating without a valid state license is an illegal use and must be terminated.
a.
Collective gardens are no longer permitted and any collective garden established prior to July 1, 2016, must cease and desist.
4.
Marijuana medical cooperatives are not permitted in the city of Castle Rock.
5.
Failure to comply with the provisions of this section or the laws of Washington State may result in criminal and/or civil penalties.
B.
Permitted Uses.
1.
Any uses or activities found by the state of Washington, or a court with jurisdiction, to be unconstitutional or otherwise not permitted by state law shall not be permitted by the city.
2.
Facilities associated with the production, processing, or retail sales of marijuana authorized and licensed by the state of Washington may be permitted by the city in accordance with the provisions of this chapter; provided, that:
a.
The proposed facility must be licensed by the state of Washington and must be in compliance, at all times, with the laws of Washington State, including but not limited to Chapter 314-55 WAC;
b.
The use or facility must be in full compliance with the ordinances and regulations of the city of Castle Rock at all times;
c.
All marijuana related businesses must maintain a current city business license in good standing at all times;
d.
Licensees must maintain documentation demonstrating that all required federal, state, and local taxes, fees, fines, and penalties have been paid and that there are no past due obligations;
e.
No activities associated with the production, processing, transport, or sales of marijuana may be permitted as a home business or accessory use;
f.
The city may suspend or revoke a city permit, license based on a finding that the provisions of this chapter have not been met.
C.
Location Standards. Marijuana production, processing, or retail sales facilities may not be located within the noted distance for each of the following uses. The distance shall be measured as the shortest straight line distance between the property line of the proposed licensed premises to the property line of the location of the following uses and facilities:
1.
Elementary or secondary school (1,000 feet);
2.
Playground (1,000 feet);
3.
Recreation center or facility (100 feet);
4.
Child care center (100 feet);
5.
Public park (100 feet);
6.
Public transit center (100 feet);
7.
Library (100 feet); or
8.
Any arcade game where admission is not restricted to persons 21 or older (100 feet).
D.
Development Standards. All marijuana facilities must comply with all provisions of this section and in addition, must comply with the following development standards:
1.
A site plan review shall be required for all lots proposed for use by marijuana producers, processors, and retail sales facilities. The requirements for a complete site plan application will be determined by the city and at a minimum shall include the location of all buildings on the site, all uses within 1,000 of the lot(s) in question, building setbacks, and the location of environmentally sensitive areas on the site.
2.
All production and processing shall be indoors and buildings where cannabis is grown and stored must be equipped with ventilation/air filtration systems so that no odors are detectable off premises.
3.
All buildings and structures must comply with all provisions of the International Building Codes as adopted by the city.
a.
This shall include, but is not limited to, an inspection(s) by the city and the issuance of a certificate of occupancy by the city prior to use of the facility.
b.
In addition, the city fire department and/or building official may periodically inspect approved facilities to ensure ongoing compliance.
4.
Marijuana producers and processors must provide documentation that the appropriate local electrical provider has reviewed and approved a copy of their operating plan and drawings and calculations for electrical service based on the size category of their production or the proposed method of processing prepared by a licensed electrician.
a.
The electrical service provider, may require the installation of electrical facilities sufficient to meet levels of production.
b.
Increases in levels of production may require upgrades in the capacity of electrical facilities.
c.
All electrical wiring and facilities must comply with the provisions of state law and shall be inspected by the Washington State Department of Labor and Industries prior to commencing operations.
5.
Only water or alcohol based extraction processes are allowed. Flammable, explosive, or chemical based extraction processes including the use of butane or CO2 are not permitted.
6.
Licensees shall provide such documentation as may be required by the state and city to confirm that liquid and solid wastes generated during production and processing can be safely disposed of in accordance with applicable state and local laws and regulations, including but not limited to WAC 314-55-097.
E.
Revisions to State Licenses. Marijuana licensees shall report any changes to their state licenses to the city. Increases in authorized production levels or changes in processing techniques may require additional improvements and/or changes to the conditions of city approval.
(Ord. 2018-02 § 2 (Exh. A), 2018)