The purpose of this chapter is to regulate the location and design of state-licensed marijuana producers, processors, and retailers allowed under Chapter 69.50 RCW and applicable state administrative rules, and to mitigate impacts of such uses on neighboring properties.

(Ord. No. 15724, §§ 1, 2(Att. A), 12-11-2018)

This chapter applies to state licensed marijuana producers, processors, and retailers in unincorporated Thurston County subject to this title. Applicable fencing and screening requirements for expansion of nonconforming producers and processors shall be the same as described in TCC Section 20.63.050. Noticing requirements for expansion of existing nonconforming producers and processors shall be as described in TCC Section 20.63.060 with the additional requirement to include noticing for expansion of any such operation on a residentially zoned parcel or parcels that total ten acres or less.

(Ord. No. 15724, §§ 1, 2(Att. A), 12-11-2018)

The terms used in this chapter shall have the following meanings:

"Marijuana or marihuana" 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 processer" means a person licensed by the state liquor control board to process marijuana into useable marijuana and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers.

"Marijuana producer" means a person licensed by the state liquor control board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. A marijuana production area not located in a legally permitted fully enclosed permanent building shall be considered an outdoor marijuana production area. Hoop houses and other temporary structures are not considered a legally permitted permanent building. Marijuana production may include growing, drying, cutting, and bagging marijuana to prepare marijuana for wholesale shipment to a marijuana processor.

"Marijuana-infused products" means products that contain marijuana or marijuana extracts and are intended for human use. The term "marijuana-infused products" does not include useable marijuana as defined in RCW 69.50.101.

"Marijuana retailer" means a person licensed by the state liquor control board to sell useable marijuana and marijuana-infused products in a retail outlet.

(Ord. No. 15724, §§ 1, 2(Att. A), 12-11-2018)

1.

Marijuana producers and processors shall be permitted in the following non-residential zoning districts:

a.

Chapter 20.27 Planned Industrial Park District (PI)

b.

Chapter 20.28 Light Industrial District (LI)

c.

Chapter 20.29 Rural Resource Industrial District (RRI)

d.

Chapter 20.24 Rural Commercial Center District (RCC)

2.

Marijuana retailers shall be permitted in the following non-residential zoning districts:

a.

Chapter 20.24 Rural Commercial Center District (RCC)

b.

Chapter 20.25 Arterial Commercial District (AC)

c.

Chapter 20.26 Highway Commercial District (HC)

d.

Chapter 20.29 Rural Resource Industrial District (RRI)

(Ord. No. 15724, §§ 1, 2(Att. A), 12-11-2018)

1.

Marijuana producers, processors and retailers shall be subject to the development standards of the underlying zoning district, the Thurston County Code, and all other local and state laws except as modified in this chapter.

2.

No marijuana producer, processor or retailer shall locate within one thousand feet of those entities listed in WAC 314-55-050(10), as amended, or such other entities, as determined by the resource stewardship director, where persons under twenty-one years of age are invited routinely to congregate for activities or events, and of future school sites owned by a school district and for which construction of a school within six years has been approved by the school district. The distance shall be measured in a straight line from property line to property line at the closest point.

3.

No marijuana producer, processor or retailer shall be permitted within a residence or within a structure physically attached to a residence.

4.

No marijuana producer, processor or retailer shall emit excessive odors detectable off-site related to the marijuana operation.

(Ord. No. 15724, §§ 1, 2(Att. A), 12-11-2018)

1.

Marijuana Producers. In addition to Section 20.63.045, marijuana producers are subject to the following development standards:

a.

Marijuana producers in the Planned Industrial Park District, Light Industrial District, Rural Resource Industrial District and Rural Commercial Center District shall have a minimum setback of one hundred feet from a residential zoning district boundary. Existing structures with permitted marijuana operations are exempt from this setback. Expansion within the setback is not permitted. The setback applies to all operations associated with the production of marijuana except for access driveways, on-site sewage systems, wells, stormwater facilities, and other associated utilities. Noise producing equipment such as generators or other mechanical equipment shall not encroach into the setback.

b.

Outdoor marijuana production areas in any zoning district shall only be allowed on legal lots equal to or greater than forty acres, and shall have a minimum setback of five hundred feet from each adjacent property line. Driveways, parking areas, on-site sewage systems, wells, stormwater facilities, and other associated utilities are exempt from this setback. Noise producing equipment such as generators or mechanical equipment shall not encroach into the setback.

c.

Outdoor marijuana production areas in any zoning district shall be located within the confines of an opaque wall or fence. The wall or fence shall be constructed using wood, decorative concrete block (CMU) walls, or a combination of both. The fence or wall shall have a minimum height of eight feet. When the boundary abuts a manmade barrier or natural barrier (e.g., a legally permitted building or hillside) that provides a substantial barrier between the production area and the adjacent property or right-of-way with a minimum height of eight feet, fencing is not required by Thurston County. The following fencing materials are prohibited:

i.

Chain-link, chain-link with slats, or open wire fencing (except as temporary construction fencing) shall be prohibited;

ii.

Razor wire or barbed wire;

iii.

Corrugated metal;

iv.

Bright colored plastic;

v.

Untextured or unfinished concrete block (CMU) walls.

d.

In addition to other requirements in this section, any portion except access driveways, on-site sewage systems, wells, stormwater facilities, and other associated utilities, of a marijuana production and processing operation or facility located adjacent to a residential zoning district or that is visible from a right-of-way or adjacent residential property shall be screened. Noise producing equipment such as generators or other mechanical equipment shall be screened from residential uses. Screening is required for new, expansion of existing uses or buildings and placement of new uses in existing buildings. Screening shall consist of evergreen trees or shrubs spaced a minimum of ten feet on center with a minimum height of six feet at planting. Trees or shrubs shall have a minimum height of fifteen feet at full growth. Alternative planting plans that achieve the same effect may be allowed subject to approval by the director.

2.

Marijuana Processors. In addition to Section 20.63.045, marijuana processors are subject to the following development standards:

a.

Marijuana processors in the Planned Industrial Park District, Light Industrial District, Rural Resource Industrial District and Rural Commercial Center District shall have a minimum setback of one hundred feet from a residential zoning district boundary. Existing structures with existing permitted marijuana operations are exempt from this setback. Expansion within the setback is not permitted. The setback applies to all operations associated with the processing of marijuana except for access driveways, on-site sewage systems, wells, stormwater facilities, and other associated utilities. Noise producing equipment such as generators or other mechanical equipment shall not encroach into the setback.

3.

Marijuana Retailers. In addition to Section 20.63.045, marijuana retailers are subject to the following development standards:

a.

Marijuana retailers shall be separated by a minimum of three hundred feet from property line to property line from another marijuana retailer.

b.

Marijuana retailers shall provide adequate ventilation to eliminate odors of marijuana detectable outside the retail facility.

(Ord. No. 15724, §§ 1, 2(Att. A), 12-11-2018)

1.

Marijuana producers and processors in the zoning districts listed in Section 20.63.040(1) shall be subject to the approval process for a site plan review as determined by Chapter 20.37 whether or not a building permit is required. New structures or substantial improvement to existing structures will also require a presubmission conference. A notice of application shall be sent to property owners within five hundred feet of marijuana producers that will have an outdoor marijuana production area. A notice of application shall be sent for marijuana producers and processors located on a legal lot ten acres or less. The notification distance shall be measured from the outermost property line included in the application.

2.

Marijuana retailers shall be subject to the approval process for a site plan review as determined by Chapter 20.37 whether or not a building permit is required. New structures or substantial improvement to existing structures will also require a presubmission conference.

(Ord. No. 15724, §§ 1, 2(Att. A), 12-11-2018)

Prior to commencing operations, a marijuana producer, processor, or retailer shall obtain approval as a state-licensed marijuana producer, processor, or retailer under Chapter 69.50 RCW, as amended, and Chapter 314-55 WAC, as amended.

(Ord. No. 15724, §§ 1, 2(Att. A), 12-11-2018)

Applicants for marijuana producing, processing, or retailing may apply for county development permits at any time. Applicants who wish to apply for county permits, or commence construction of facilities for producing, processing, or retailing marijuana under Chapter 69.50 RCW, prior to obtaining approval as a state-licensed marijuana producer, processor, or retailer do so at their own risk.

(Ord. No. 15724, §§ 1, 2(Att. A), 12-11-2018)