Pasco City Zoning Code
25.10 Interpretation
and Enforcement
It shall be the duty of the City Planner to enforce this title through proper legal channels. No permits shall be issued for the construction, alteration, or repair of any building or part thereof unless such plans and intended use of such buildings or land conform in all respects with the provisions of this title. Monetary penalties for violations may be assessed in accordance with Chapters 1.40 and 1.45 PMC.
25.10.010 Interpretation.
In interpreting and applying the provisions of this title, the provisions and standards contained herein shall be deemed to be the minimum standards or requirements with which compliance is essential to the permitted uses, and shall not be construed as limiting the legislative authority of the City Council to further restrict permissive uses or to withhold or revoke permits for uses where, notwithstanding the existence of the minimum standards set forth in this title, the promotion or protection of the public health, morals, safety and welfare bears a substantial relation to such withholding, denial or revocation of permits or uses. This title does not allow any use which is in violation of any local, state, or federal laws, regulations, codes, and/or ordinances. [Ord. 4059 § 2, 2012; Ord. 3354 § 2, 1999; Code 1970 § 25.08.010.]
25.10.020 Conflicting provisions.
(1) Where this title imposes a greater restriction upon land, buildings, or structures than is imposed or required by other rules, regulations, standards, policies, ordinances, contracts, covenants public or private, deeds, or statutes lawfully adopted by the City of Pasco, the provisions of this title shall govern and take precedence. In the case of conflicts between the text, maps and tables of this title, the text shall govern unless otherwise stated.
(2) Cannabis-related land uses such as cannabis production, processing and/or cooperatives as may otherwise be allowed by state law are expressly prohibited from locating or operating in any zone within the City of Pasco. [Ord. 4670 § 3, 2023; Ord. 4166 § 1, 2014; Ord. 4110 § 4, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.08.020.]
25.10.025 Cannabis retail facilities.
Cannabis retail facilities as defined in PMC 25.15.050 may be allowed when licensed by the City and in accordance with state law in those zoning districts identified in this title, subject to the following:
(1) Notwithstanding the number of zoning districts identifying cannabis retail facilities as permitted uses, the total number of cannabis retail facilities allowed in the City shall not exceed three in total for the whole City, or not exceed four in total for the whole City if one of the cannabis retail facilities located within the City is licensed by the State of Washington as a social equity licensee.
(2) Except as provided in subsection (3) of this section, a cannabis retail facility may not be located within 1,000 feet of the perimeter of the grounds of any of the following entities/uses:
(a) Elementary or secondary school;
(b) Playground;
(c) Recreational center or facility;
(d) Child care center;
(e) Public park;
(f) Public transit center;
(g) Library; or
(h) Any game arcade where admission is not restricted to persons age 21 or older.
For purposes of these standards, these uses are defined in Chapter 314-55 WAC, as amended.
(3) As provided in RCW 69.50.331 and WAC 314-55-050, the City finds that the reduction in buffers for recreation centers or facilities, child care centers, public parks, public transit centers, libraries, and game arcades where admission is not restricted to persons age 21 or older, will not negatively impact the City’s civil regulatory enforcement, criminal law enforcement interests, public safety, or public health. Therefore, the City establishes the following buffers for cannabis retailers for legal conforming lots bounded by North 5th Avenue, West Clark Street, North 2nd Avenue, and West Columbia Street, as stated below:
(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 where admission is not restricted to persons age 21 or older – 100 feet.
For purposes of these standards, these uses are defined in Chapter 314-55 WAC, as amended.
(4) The owner or operator of a cannabis retail facility shall have the responsibility to demonstrate that said facility is in compliance with the distance requirements of this section at the time of the approvals of its applications to the Washington State Liquor and Cannabis Board and the City for its initial license.
(5) Measurement.
(a) The measurement of the separation distance in subsections (2) and (3) of this section shall be measured as the shortest straight-line distance from the property line of the applicable cannabis retail facility to the property line of the entities/uses listed in subsections (2) and (3) of this section.
(b) The owner, tenant or operator of a protected use specified in subsections (2) and (3) of this section shall not benefit from the separation requirements of this section if the owner, tenant or operator subsequently chooses to locate within the required separation distance from a lawfully located cannabis retail facility. [Ord. 4670 § 4, 2023.]
25.10.030 Enforcement.
It shall be the duty of the City Planner to enforce this title through proper legal channels. No permits shall be issued for the construction, alteration, or repair of any building or part thereof unless such plans and intended use of such buildings or land conform in all respects with the provisions of this title. Monetary penalties for violations may be assessed in accordance with Chapters 1.40 and 1.45 PMC. [Ord. 3354 § 2, 1999; Code 1970 § 25.08.030.]
25.10.040 Not a licensing regulation.
Nothing contained in this title shall be deemed to be a consent, license, or permit to use any property or to locate, construct, or maintain any structure or facility or to carry on any trade, industry, occupation or activity. [Ord. 3354 § 2, 1999; Code 1970 § 25.08.040.]
25.10.050 Complaints regarding violations.
Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the City Planner. The City Planner shall record properly such complaint, immediately investigate, and take action thereon as provided by this title. [Ord. 3354 § 2, 1999; Code 1970 § 25.08.050.]