Wilbur City Zoning Code

The production, processing, and retailing of cannabis 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.

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.

The regulations under Chapter 69.50 RCW and Chapter 314-55 WAC, now or as may hereafter be amended, shall apply to all cannabis producers, processors, retailers, and retail outlets in addition to the provisions of this chapter.

Only cannabis producers, cannabis processors, and cannabis retailers licensed by the Washington State Liquor and Cannabis Board may locate in the town.

Cannabis producers, cannabis processors, and cannabis retailers are required to acquire all additional necessary business licenses and permits and comply with all other applicable town ordinances and regulations.

The town 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 town ordinances and regulations.

Cannabis producers and cannabis processors shall not operate as an accessory to a primary use or as a home occupation. Law enforcement officials must have access to the premises for inspections without a warrant (WAC 314-55-015(5)).

All cannabis 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.

Local governments are specifically authorized to prohibit licensed cannabis businesses on lands zoned for residential or rural use with a minimum lot size of five acres or smaller (RCW 69.50.331(9)).

Cannabis retailers shall not operate as an accessory to a primary use or as a home occupation.

Any cannabis odor shall be contained within the cannabis retail outlet so that the odor of cannabis cannot be detected from any abutting use or property by a person with a normal sense of smell. If any cannabis odor can be smelled from any abutting use or property, the cannabis retailer shall be required to implement measures necessary to contain the odor, including, but not limited to, installation of ventilation equipment.

In addition to the security requirements in Chapter 315-55 WAC, during business hours, all cannabis retailers shall store all usable cannabis, cannabis infused products, 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.

Cannabis producers and processors shall not locate within one thousand 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:

Cannabis retailers and outlets shall not locate:

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 town under applicable provisions of this code or state law.

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.