The use of a property is defined by the activity for which the building or lot is intended, designed, arranged, occupied, or maintained. The use is considered permanently established when that use will or has been in continuous operation for a period exceeding thirty days. A use that will operate for more than twenty-four hours but less than thirty days is considered a temporary use, and subject to a temporary use permit as provided in Section 17.04.190. All applicable requirements of this code, or other applicable state or federal requirements, shall govern a use located in the city of Oakville.

(Ord. 560 § 2(part), 2007).

A.

The land use table in the UDC determines whether a specific use is allowed in a zone district. The zone district is located on the vertical column and the specific use is located on the horizontal row of these tables.

B.

If the lot is split between two land uses the lot shall default to the designation that is:

1.

Seventy-five percent or more of the overall plan area of the lot; or

2.

The lesser of the designations.

C.

If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that district unless allowed as a temporary use in accordance with Section 17.04.190.

D.

If the letter "P" appears in the box at the intersection of the column and the row, the use is a permitted use, allowed by right in that district and subject to the general requirements of the UDC.

E.

If the letter "C" appears in the box at the intersection of the column and the row, the use is allowed subject to the conditional use permit application procedures under Section 17.04.180 and subject to the general requirements of this title.

F.

If a number accompanies a letter, the use is allowed in that zone subject to different development limitations or conditions. The development condition with the corresponding number immediately follows the table.

G.

All applicable requirements shall govern a use whether or not they are cross-referenced in a section.

Table 17.16.020-1. Table of Land Uses for all Zoning Districts

1 Within a manufactured home park only.

2 Without maintenance or repair facilities.

3 Above first floor of building.

4 Caretaker's dwelling unit incidental to a permitted or conditional use in the I district.

5 Appurtenant or incidental to a permitted a conditional use in the I district.

6 Maximum twelve units per acre pending septic approval from the county.

(Ord. 560 § 2(part), 2007).

A.

General. No use that is illegal under local, state or federal law shall be allowed in any zone within the city.

B.

Specific Application—Medical Marijuana Dispensaries and Collective Gardens. Until such time that this code is amended to provide specific provisions and land use controls allowing and regulating dispensaries of cannabis and/or collective gardens for the production, distribution and dispensing of cannabis for medical uses, all as further defined and set forth in Chapter 69.51A RCW, as now existing or hereafter amended, such uses are not allowed in any zone within the city.

For purposes of this section,

1.

"Dispensary" means any person, entity, site, location, facility, business, cooperative or collective, whether for profit or not for profit, that distributes, sells, dispenses, transmits, packages, measures, labels, selects, processes, delivers, exchanges or gives away cannabis for medicinal or other purposes.

2.

"Collective garden" means the growing, production, processing, transportation, and delivery of cannabis, by qualifying patients, for medical use, as set forth in Chapter 69.51A RCW, as now existing or hereafter amended or succeeded.

C.

Production, Processing and Retailing of Marijuana Prohibited. Until such time that this code is amended to provide specific provisions and land use controls allowing and regulating production, processing, retail sale and retail outlets for the sale of marijuana and marijuana-infused products, all as defined in Initiative Measure No. 502, as codified in the Revised Code of Washington, including RCW 69.50, and implementing regulations in Chapter 314-55 WAC, both as now existing or hereafter amended, such uses are each prohibited and not allowed in any zone within the city.

D.

Enforcement. Any violation of this section is declared to be a public nuisance per se, and shall be abated by the city attorney under applicable provisions of this code or state law, including, but not limited to, the provisions of Section 17.04.210 OMC.

(Ord. No. 604, § II, 12-8-2014)