Covington City Zoning Code
18.33 Marijuana-Related
Uses
18.33.010 Definitions.
18.33.020 Marijuana-related uses – Generally.
(1) The production, processing, and retailing of marijuana 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.
(2) 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.
(3) The regulations under Chapter 69.50 RCW and Chapter 314-55 WAC, now or as may hereafter be amended, shall apply to all marijuana producers, processors, retailers, and retail outlets in addition to the provisions of this chapter.
(4) Only marijuana producers, marijuana processors, and marijuana retailers licensed by the Washington State Liquor and Cannabis Board may locate in the City and then only pursuant to the license issued by the Washington State Liquor and Cannabis Board.
(5) Marijuana producers, marijuana processors, and marijuana retailers are required to acquire all additional necessary business licenses and permits, and comply with all other applicable City ordinances and regulations.
(6) The City 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 City ordinances and regulations. (Ord. 12-16 § 4)
18.33.030 Marijuana producers and processors.
Marijuana producers and marijuana 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.
(1) Marijuana producers and marijuana processors shall not operate as an accessory to a primary use or as a home occupation.
(2) All marijuana 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. (Ord. 12-16 § 4)
18.33.040 Marijuana retailers.
Marijuana retailers licensed by the Washington State Liquor and Cannabis Board are permitted only in the general commercial (GC) and mixed commercial (MC) zones, subject to the requirements and other general provisions as set forth in this title, except where modified by this chapter.
(1) Marijuana retailers shall not operate as an accessory to a primary use or as a home occupation.
(2) Any marijuana odor shall be contained within the marijuana retail outlet so that the odor of marijuana cannot be detected from any abutting use or property by a person with a normal sense of smell. If any marijuana odor can be smelled from any abutting use or property, the marijuana retailer shall be required to implement measures necessary to contain the odor, including, but not limited to, installation of ventilation equipment.
(3) In addition to the security requirements in Chapter 315-55 WAC, during business hours, all marijuana retailers shall store all useable marijuana, marijuana-infused product, 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. For useable marijuana products that must be kept refrigerated or frozen, these products must be stored in a locked refrigerator or freezer container in a manner approved by the Director, provided the container is affixed to the building structure. (Ord. 12-16 § 4)
18.33.050 Sensitive use buffers.
(1) Marijuana producers and marijuana processors shall not locate within 1,000 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 or private elementary or secondary school, or any facility owned or operated by such school;
(b) Childcare center, preschool, nursery school, or other childcare facility;
(c) Public park, trail, or playground;
(d) Any real property designated in the Capital Improvement Plan for future park use;
(e) Recreation center or facility;
(f) Church, temple, synagogue, mosque, or chapel;
(g) Public transit center;
(h) Public library; or
(i) Any game arcade admission to which is not restricted to persons aged 21 years or older.
(2) Marijuana retailers and marijuana retail outlets shall not locate:
(a) Within 1,000 feet of the following uses:
(i) Public or private elementary or secondary school, or any facility owned or operated by such school; or
(ii) Childcare center, preschool, nursery school, or other childcare facility.
(b) Within 500 feet of the following uses or any use included in Chapter 314-55 WAC now or as hereafter may be amended, unless otherwise required in applicable State law:
(i) Public park, trail, or playground;
(ii) Any real property designated in the Capital Improvement Plan for future park use;
(iii) Recreation center or facility;
(iv) Church, temple, synagogue, mosque, or chapel;
(v) Public transit center;
(vi) Public library; or
(vii) Any game arcade admission to which is not restricted to persons aged 21 years or older.
(3) The buffer restrictions in subsections (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. 12-16 § 4)
18.33.060 Enforcement – Penalty.
(1) 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 City under applicable provisions of this code or State law.
(2) 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. 12-16 § 4)
18.33.070 Legal nonconforming uses.
No use that constitutes or purports to be a marijuana producer, marijuana processor, or marijuana 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 Covington Municipal Code and that use shall not be entitled to claim legal nonconforming use status. (Ord. 12-16 § 4)