Prosser, WA Zoning Ordinance

§ 18.90.010 Definitions.

Unless the context otherwise requires, the definitions in this section apply throughout this chapter.

"Chapter 69.50 RCW"

means Chapter 69.50 of the Revised Code of Washington as now enacted or as hereafter amended or recodified including any administrative regulations established under the authority of such chapter.

"Chapter 69.50 RCW licensed processor"

means a person licensed by the Washington State Liquor and Cannabis Board to process marijuana into marijuana and marijuana-infused products, package and label marijuana and marijuana-infused products for sale in retail outlets, and sell marijuana and marijuana-infused products at wholesale to Chapter 69.50 RCW licensed retail facilities.

"Chapter 69.50 RCW licensed producer"

means a person licensed by the Washington State Liquor and Cannabis Board to produce and sell marijuana at wholesale to Chapter 69.50 RCW licensed processors and other Chapter 69.50 RCW licensed producers.

"Chapter 69.50 RCW licensed retail facility"

means a person licensed by the Washington State Liquor and Cannabis Board to sell marijuana and marijuana-infused products in a retail outlet.

"Chapter 69.51A RCW"

means Chapter 69.51A of the Revised Code of Washington as now enacted or as hereafter amended or recodified including any administrative regulations established under the authority of such chapter.

"Chapter 69.51A RCW licensed cooperatives"

means cooperatives formed in accordance with RCW 69.51A.250 as now existing or as hereafter may be amended.

"Chapter 69.51A RCW licensed medical marijuana processor"

means a person licensed by the Washington State Liquor and Cannabis Board to process marijuana into medical marijuana and medical marijuana-infused products, package and label medical marijuana and medical marijuana-infused products for sale in Chapter 69.51A RCW licensed medical marijuana retail facilities or dispensaries, and sell medical marijuana and medical marijuana-infused products at wholesale to Chapter 69.51A RCW licensed medical marijuana retail facility. This definition includes any Chapter 69.50 RCW licensed processor that has an endorsement to process medical marijuana.

"Chapter 69.51A RCW licensed medical marijuana producer"

means a person licensed by the Washington State Liquor and Cannabis Board to produce and sell medical marijuana at wholesale to Chapter 69.51A RCW licensed medical marijuana processors and other Chapter 69.51A RCW licensed medical marijuana producers. This definition shall also include Chapter 69.50 RCW licensed producer with an endorsement to produce medical marijuana.

"Chapter 69.51A RCW licensed medical marijuana retail facility"

means a person licensed by the Washington State Liquor and Cannabis Board to sell medical marijuana or medical marijuana-infused products in a retail outlet. This definition includes a Chapter 69.50 RCW licensed retail facility with an endorsement to sell medical marijuana.

"Marijuana"

means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

"Marijuana or marijuana-infused products" and "medical marijuana or medical marijuana-infused products"

means products that contain marijuana or marijuana extracts and are intended for human use.

"Person"

means any individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

"Public location"

means a public street, sidewalk or other public way.

(Ord. 2909 § 1, 2014; Ord. 3007 § 1, 2017)

§ 18.90.020 Prohibited uses-Penalty.

Except as otherwise provided for herein, marijuana and medical marijuana uses, businesses, facilities and operations that do not have a license issued pursuant to either Chapter 69.50 or 69.51A RCW are prohibited in all zoning districts. In addition to the enforcement procedures in Chapter 18.81, violations may also be abated as nuisances pursuant to Chapter 8.26. Any person violating any provisions of this chapter or failing to comply with any condition, restriction, term or conditions of any license, administrative order issued pursuant to Chapter 18.81, permit, or other approval is guilty of a gross misdemeanor and shall be punished by a fine of not more than five thousand dollars or by imprisonment for a period of not more than three hundred sixty-four days, or both such fine and imprisonment.

(Ord. 2909 § 2, 2014; Ord. 3007 § 2, 2017)

§ 18.90.030 State licensed marijuana uses licensed by Chapter 69.50 or 69.51A RCW.

The following matrix summarizes where marijuana and medical marijuana uses, businesses, facilities and operations that have a state-issued license pursuant to Chapter 69.50 or 69.51A RCW may locate with "P" signifying that the use is permitted and "NP" signifying that the use is not permitted and is prohibited in that zoning district:

The abbreviations used in this table mean:
"A" means the agri-business zoning district.
"AT" means the agri-tourism zoning district.
"CT" means the commercial, thoroughfare zoning district.
"CG" means the commercial, general zoning district.
"CN" means the commercial, neighborhood zoning district.
"CP" means the commercial, professional zoning district.
"CD" means the commercial, downtown zoning district.
"IL" means the industrial, light zoning district.
"IH" means the industrial, heavy zoning district.
"PF" means the public facility zoning district.
"RR" means the residential, rural density zoning district.
"RL" means the residential, low density zoning district.
"RMS" means the residential, manufactured home subdivision zoning district.
"RH" means the residential, high density zoning district.
"RMP" means the residential, manufactured home park zoning district.
"SSR" means the steep slope residential zoning district.
"UR" means the urban residential zoning district.

USE	"A"	"AT"	"CG"	"CN" "CP" "CT"	"CD"	"IL" "IH"	"PF"	"RR" "RL" "RMS" "RM" "RH" "RMP" "UR" and "SSR"
Chapter 69.50 RCW Licensed Retail Facility	N/P	P	P	N/P	N/P	N/P	N/P	N/P
Chapter 69.50 RCW Licensed Producer	P	P	N/P	N/P	N/P	N/P	N/P	N/P
Chapter 69.50 RCW Licensed Processor	P	P	N/P	N/P	N/P	P	N/P	N/P
Chapter 69.51A RCW Licensed Cooperatives	N/P	N/P	N/P	N/P	N/P	N/P	N/P	N/P
Chapter 69.51A RCW Licensed Medical Marijuana Retail Facility	N/P	P	P	N/P	N/P	N/P	N/P	N/P
Chapter 69.51A RCW Licensed Medical Marijuana Producer	P	P	N/P	N/P	N/P	N/P	N/P	N/P
Chapter 69.51A RCW Licensed Medical Marijuana Processor	P	P	N/P	N/P	N/P	P	N/P	N/P

(Ord. 2909 § 3, 2014; Ord. 3007 § 3, 2017)

§ 18.90.040 Permitted use regulations.

Uses permitted by Section 18.90.030 are subject to the regulations contained in this section.

USE	REGULATIONS AND ADDITIONAL RESTRICTIONS
Chapter 69.50 RCW Licensed Retail Facility	No portion of the area used to sell marijuana or marijuana-infused products may be visible from a public location.
	All areas used to sell marijuana or marijuana-infused products shall be fully contained in a building.
	No signs shall be permitted except as allowed by both Chapter 69.50 RCW, the Washington State Liquor and Cannabis Board, and Chapter 18.72.
	The use must strictly comply with all provisions of Chapter 69.50 RCW.
	All businesses must produce for inspection the license issued pursuant to Chapter 69.50 RCW upon demand of city officials or law enforcement.
	The owners of the business must comply with all lawful orders and demands issued by any state or federal agency.
Chapter 69.50 RCW Licensed Producer	No portion of the area used to grow marijuana may be visible from a public location.
	All areas used to grow marijuana shall be fully contained in a building.
	No signs shall be permitted except as allowed by both Chapter 69.50 RCW, the Washington State Liquor and Cannabis Board, and Chapter 18.72.
	The use must strictly comply with all provisions of Chapter 69.50 RCW.
	All businesses must produce for inspection the license issued pursuant to Chapter 69.50 RCW upon demand of city officials or law enforcement.
	The owners of the business must comply with all lawful orders and demands issued by any state or federal agency.
Chapter 69.50 RCW Licensed Processor	No portion of the area used to process marijuana may be visible from a public location.
	All areas used to process marijuana shall be fully contained in a building.
	No signs shall be permitted except as allowed by Chapter 69.50 RCW, the Washington State Liquor and Cannabis Board and Chapter 18.72.
	The use must strictly comply with all provisions of Chapter 69.50 RCW.
	All businesses must produce for inspection the license issued pursuant to Chapter 69.50 RCW upon demand of city officials or law enforcement.
	The owners of the business must comply with all lawful orders and demands issued by any state or federal agency.
Chapter 69.51A RCW Licensed Medical Marijuana Retail Facility	No portion of the area used to sell medical marijuana or medical marijuana-infused products may be visible from a public location.
	All areas used to sell medical marijuana or medical marijuana-infused products shall be fully contained in a building.
	No signs shall be permitted except as allowed by both Chapter 69.51A RCW, the Washington State Liquor and Cannabis Board, and Chapter 18.72.
	The use must strictly comply with all provisions of Chapter 69.51A RCW.
	All businesses must produce for inspection the license issued pursuant to Chapter 69.51A RCW upon demand of city officials or law enforcement.
	The owners of the business must comply with all lawful orders and demands issued by any state or federal agency.
Chapter 69.51A RCW Licensed Medical Marijuana Producer	No portion of the area used to grow medical marijuana may be visible from a public location.
	All areas used to grow medical marijuana shall be fully contained in a building.
	No signs shall be permitted except as allowed by Chapter 69.51A RCW, the Washington State Liquor and Cannabis Board, and Chapter 18.72.
	The use must strictly comply with all provisions of Chapter 69.51A RCW.
	All businesses must produce for inspection the license issued pursuant to Chapter 69.51A RCW upon demand of city officials or law enforcement.
	The owners of the business must comply with all lawful orders and demands issued by any state or federal agency.
Chapter 69.51A RCW Licensed Medical Marijuana Processor	No portion of the area used to process medical marijuana may be visible from a public location.
	All areas used to process medical marijuana shall be fully contained in a building.
	No signs shall be permitted except as allowed by Chapter 69.51A RCW, the Washington State Liquor and Cannabis Board, and Chapter 18.72.
	The use must strictly comply with all provisions of Chapter 69.51A RCW.
	All businesses must produce for inspection the license issued pursuant to Chapter 69.51A RCW upon demand of city officials or law enforcement.
	The owners of the business must comply with all lawful orders and demands issued by any state or federal agency.

(Ord. 2909 § 4, 2014; Ord. 3007 § 4, 2017)

§ 18.90.050 Exception.

Except as provided in this section, nothing in this chapter precludes a qualifying patient as defined in Chapter 69.51A RCW or designated provider as defined in Chapter 69.51A RCW from engaging in the private, noncommercial production, possession, transportation, delivery, or administration of medical marijuana for medical use as authorized under Chapter 69.51A RCW as now enacted or as hereafter amended or recodified. In order to be exempt under this section all persons shall comply with the following:

All areas used to grow, produce, or process medical marijuana shall take place inside of a building.

All areas used to grow, produce, or process medical marijuana shall not be visible from a public place.

The use must strictly comply with all provisions of Chapter 69.51A RCW as now enacted or as may hereafter be amended.

All persons engaging in the exempt activity shall comply with all lawful orders and demands issued by any state or federal agency.

(Ord. 2909 § 5, 2014; Ord. 3007 § 5, 2017)

§ 18.90.900 Severability.

The provisions of this chapter are hereby declared to be severable. If any section, subsection, sentence, clause, or phrase of this chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this chapter shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid.

(Ord. 2909 § 6, 2014)