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ORDINANCE NO. O-01-2018AN ORDINANCE ADOPTING REGULATIONS FOR MARIJUANA PRODUCERS, PROCESSORS, AND RETAILERS AUTHORIZED BY RCW 69.50; AMENDING ADAMS COUNTY CODE CHAPTER 17.08.040 DISTRICT USE CHART; ADDING A NEW CHAPTER 17.60 STATE-LICENSED MARIJUANA PRODUCERS, PROCESSORS, AND RETAILERS; PROHIBITING MEDICAL MARIJUANA Cooperatives AUTHORIZED BY RCW 69.51A AND REPEALING INTERIM RESOLUTION NO. R-009-2018WHEREAS, Initiative 502 was passed on November 6, 2012, was codified into RCW 69.50, went into effect on December 6, 2012, and established comprehensive state-wide standards for licensing producers, processors, and retailers of recreational marijuana; and;WHEREAS, WAC 314-55 became effective on November 16, 2013 and established rules for state marijuana licenses, application processes, requirements, and reporting and the Washington State Liquor and Cannabis Board began accepting applications for all license types on November 18, 2013, and;WHEREAS, RCW 69.50 and WAC 314-55, authorizes cities, towns, and counties to adopt zoning requirements and health and safety requirements pertaining to production, processing, and dispensing or sale of recreational and medical marijuana under RCW 69.51A, and;WHEREAS, pursuant to the provisions of RCW 36.70.795 and RCW 36.70A.390, the Adams County Board of County Commissioners adopted Resolution No. R-025-2106 on August 22, 2016 placing a six-month moratorium on the establishment of marijuana producers, marijuana processors, and marijuana retailers in certain areas of unincorporated Adams County, subsequently renewed said moratorium on February 21, 2017 under Resolution No. R-008-2017; again on August 14, 2017 under Resolution No. R-040-2017; and again on February 12, 2018 under Resolution No. R-009-2018 to study the impacts of such businesses; and;WHEREAS, the Adams County Planning Commission received initial information and held numerous public meetings to review and gather additional information and scope regarding regulating marijuana producers, processors, and retailers consistent with RCW 69.50, 69.51A, and WAC 314-55; andWHEREAS, after providing at least fourteen (14) days of public notice, the Planning Commission conducted a public hearing on December 21, 2017 and after receiving public comment and deliberation did move to pass a recommendation that the Board of County Commissioners adopt an ordinance regulating state licensed marijuana producers, processors, cooperative, and retailers, and; WHEREAS, the Board received the Adams County Planning Commission’s recommendation on the proposed Zoning Code text amendment on January 16, 2018 and the Board set two (2) public hearings on March 12, 2018 and March 14, 2018 and; WHEREAS, this ordinance implements amendments and a new section to Title 17 of the Adams County code, and;WHEREAS, Resolution No. R-009-2018 served as an interim regulation and it is the intent of the Board to repeal and replace Resolution No. R-009-2018;This ordinance shall take effect immediately upon adoption. EXHIBIT- A17.08.040District use chart.A district use chart is established and contained herein as a tool for the purpose of determining the specific uses allowed in each use district. No use shall be allowed in a use district that is not listed in the use chart as either a permitted, accessory or conditional use, unless the administrator determines that an unlisted use is similar to one that is already enumerated in the use chart and may therefore be allowed, subject to the requirements associated with that use and all other applicable provisions of the Adams County Code. The use chart located on the following pages is made a part of this section. The following acronyms apply to the following use chart. If there is nothing located in the district for a listed use, that use is not allowed.PRM—Permitted Use ACC—Accessory Use CUP—Conditional Use Permit ACUP—Administrative Conditional Use Permit PRD—Planned Residential Development *—Within existing residence only, as of the date of adoption of the ordinance codified in this title R-1RRRSCLIHIPAGARESIDENTIAL USESAccessory DwellingACCACCACC ACCACCCaretaker’s Residence ACCACCACCACC ACCACCSingle-Family DwellingPRMPRMPRM PRMPRM Duplex DwellingPRMPRMPRM Multifamily DwellingPRMPRDPRM Townhouses PRD Manufactured Home7CUPPRMCUP PRMPRMDesignated Manufactured HomePRMPRMPRM PRMPRM Mobile Home (Allowed Only in MHP) Modular HomePRMPRMPRM PRMPRM Accessory Structure, ResidentialACCACCACC Home Day Care ProviderACCACCACC ACCACC Mini Day Care CenterCUPCUPCUPPRM Day Care CenterCUPCUPCUPPRM Home Occupation, Group AACCACCACC ACCACC Home Occupation, Group BCUPCUPCUP CUPCUP Home Occupation, Group C ACUP Bed and BreakfastCUPCUPCUPPRM* Boarding/Lodging HouseCUPCUPCUPPRM* Planned Residential DevelopmentPRDPRDPRD Manufactured/Mobile Home ParkPRDPRDPRD CondominiumsPRDPRDPRD Adult Family HomePRMPRMPRM Assisted Living FacilityCUPCUPCUP Convalescent Home/Nursing HomesCUPCUPCUP Foster Family HomePRMPRMPRM Group Care FacilityCUPCUPCUP PUBLIC/SEMI-PUBLIC USESAnimal Shelter PRMPRMCUPCUP Cemeteries, MausoleumsPRMPRM PRMPRM Churches (Parsonages)CUPCUPCUPCUP CUPCUP Clinic, Medical, Dental, Etc. CUPPRM Community Club, Grange, LodgeCUPCUPPRMPRM PRMPRM Convention, Info and/or Community CentersCUP CUPPRM Courts of Law PRM Detention Facility/Jail CUPCUP Educational ServicesCUPCUPCUPPRM Fire/Police StationPRMPRMPRMPRMPRMPRMPRMPRM Government Uses and Structures PRMPRMPRMPRM PRMPRMHospitalCUPCUP PRM Libraries, PublicCUP PRMPRM Municipal Buildings PRMPRM Municipal Shop/Maintenance Buildings CUP PRMPRMPRMPRM Preschool, Nursery SchoolCUPCUPCUPPRM Recycling Center PRMPRMPRM Solid Waste Transfer Station PRMPRMPRM CUP Solid Waste Landfills CUPCUP CUP Transfer Station/Park and Ride PRMPRMPRMPRM PRMPRMUtility Uses and StructuresCUPCUPCUPPRMPRMPRMCUPCUP Vocational/Trade Schools CUPCUPPRMPRMPRM Wastewater Treatment Facilities PRM PRMPRMCUPCUP Wind Energy Facilities, Commercial CUP8CUP8Wind Energy Facilities, Noncommercial PRM9PRM9AGRICULTURAL USESIrrigated FarmingPRMPRMPRMPRMPRMPRMPRMPRM Dry Land FarmingPRMPRMPRMPRMPRMPRMPRMPRM Rangeland FarmingPRMPRMPRMPRMPRMPRMPRMPRM Hobby Farming, Livestock for Personal UseACCPRMPRM PRMPRM Livestock Production PRMPRM Dairy Farming CUP PRMPRM Cluster Developments PRMPRM Family Farm Support Division PRMPRM Hog Ranch CUPCUP Hog Raising (Two Sows or Less + Litters) CUP PRMPRM Home Industry CUPCUP PRM1PRM Home Fruit Stand ACCACC ACCACC Farm Labor HousingCUPCUPCUP PRM1PRM1Ag-Accessory Buildings, Structures ACCACC PRMPRMPRM Ag-Related Industry CUPPRMPRMPRMPRMPRM Ag-Tourism Activities PRMPRMPRMPRM PRMPRM Agricultural Market CUP2CUP2PRM PRMPRM Feed Store PRMPRMPRMPRMPRM Kennels, Commercial CUP PRM PRMPRM Kennels, Hobby ACCACC ACCACC Commercial Composting CUPCUPCUP Equipment Auction Yard PRMPRM CUPCUP Farm Equipment Sales/Service CUPPRMPRM CUPCUP Commercial Livestock Sales CUPCUP CUPCUP Feed Lot/Yard CUPCUP Horse Boarding/Training, Riding Stable CUP3CUP PRMPRM Nursery, Commercial/Retail/Wholesale CUP2CUPPRMPRM PRMPRM Poultry, Commercial CUPCUP Slaughterhouse CUPCUPCUP Agricultural Chemical Storage and Distribution PRMPRMCUPCUP COMMERCIAL USESAccessory Buildings/Structures, Commercial ACCACC Animal Clinic/Hospital, Large Animals CUPCUPPRMPRM PRMPRM Animal Clinic/Hospital, Small Animals CUPCUPPRMPRM PRMPRM Arts and Crafts, Antique Sales PRMPRM Auto/Truck Sales and Service PRMPRM Auto Towing, Secured PRMPRMPRM CUP Bakery, Retail PRMPRM Boat Sales and Service PRMPRM Car Rental PRMPRM Car Wash PRMPRM Commercial Copiers/Printers PRMPRMPRM Commercial Kitchen PRMPRMCUP Condominiums—Time-Share and Similar Resort Operations PRD PRM PRD Convenience Store, Excluding Fuel SalesCUPCUPPRMPRM CUP Convenience Store, Including Fuel Sales CUPCUPPRMPRM CUP Cultural and/or Historical Facilities CUPPRMPRM CUP Drive-Up Food Service PRM Dry Cleaners, Laundromats CUPPRMPRM Farmer’s Market CUPPRMPRM PRMPRM Financial/Lending Institution (Bank, Etc.) PRMPRM Fishing Supplies, Sales CUPPRMPRM CUPCUP Funeral Home/Crematorium CUPCUPPRM Gas/Service Station CUPPRMPRM Guest Ranches, Lodging Facilities CUPCUP CUP Hardware/Garden Store—Lumber Yard CUPPRMPRM Heating and Plumbing Sales and Services CUPPRMPRM Hotels/Motels PRMPRM Marijuana Retail PRM10Manufactured Home, Sales PRMPRM Merchandise, Furniture, Home Furnishings, Department Retail Sales and Service CUPPRM Microbrewery/Winery PRMPRMPRM CUPCUP Mini Storage CUP4CUPPRMPRM CUP4Mobile Food Service Delivery, No Preparation PRMPRM PRMPRM Mobile Food Service Delivery, With Preparation PRMCUP Museums, Art Galleries CUPPRMPRM CUP Newspaper Publishing CUPPRMPRM Parking Lots—Commercial or Public PRMPRM Parking Lots—Trucks PRMPRMPRM CUPPet Services PRMPRM Personal Services (Barber, Salon, Etc.) CUPPRMPRM Pharmacies PRM Professional Services (Lawyer, Psychiatrist, Etc.) CUPPRMPRM Repair Services, Electronics/Appliances CUP3CUPPRMPRM CUPRestaurant PRMPRMCUP Retail Stores (Grocery, Food, Etc.) PRMPRM Retail – Textiles, Sporting Goods PRMPRM Signs, Off-Premises (Billboards) PRMCUP CUPCUP Taverns, Bars, Cocktail Lounges CUPPRM Tractor, Trailer Sales PRM PRM Truck Stops CUP PRM PRM Variety Stores, Secondhand and Pawn Shops PRM PRM Vehicle Repair and Service Shops CUP PRM PRM CUP Video Rental PRM PRM RV Sales and Service CUP PRM PRM INDUSTRIAL USESAccessory Buildings/Structures, Industrial ACC ACC ACC Above-/Below-Ground Storage of Critical Material ACC ACC ACC Airports and Supporting Aviation Activities CUP CUP CUP CUP Asphalt Plant CUP5 CUP PRM CUP5 CUP Apparel Manufacture CUP PRM PRM Bakery, Wholesale CUP PRM PRM CUP Beverage Industry CUP CUP PRM PRM Building/Construction Materials, Manufacture/Assembly/Fabrication, Lumber Yard PRM PRM Bulk Fuel Distributor CUP CUP CUP Canning/Packing Foods CUP PRM PRM CUP Chemicals, Pharmaceuticals, Cosmetics Manufacture/Processing/Packaging PRM PRM Concrete Plant CUP5 PRM PRM CUP5CUP5Construction Contractor’s Offices/Yards CUPCUPPRMPRM CUPElectronic Product Manufacture/Assembly CUP PRM PRM Fabricated Metal Products, Sheet Metal, Welding CUP PRM PRM CUP CUP Food/Beverage Storage and Distribution PRM PRM Food Processing PRM PRM CUP CUP Furniture Products Manufacture/Assembly, Cabinet Makers CUP CUP PRM PRM Glass Products Manufacture/Assembly PRM PRM Hardware Products Manufacture/Assembly PRMPRM Hazardous Waste Storage and Treatment, On-Site CUP Hazardous Waste Treatment, Off-Site CUP Heliports CUPCUPCUPCUP Leather Products Manufacture/Assembly CUPPRM Machinery/Heavy Equipment Manufacture/Assembly/Disassembly PRMPRM Manufactured Homes, Travel Trailers, Campers, Manufacture/Assembly/Fabrication PRMPRM Marijuana Production PRM11 PRM11 PRM PRMMarijuana Processing Type 1 PRM11 PRM11 PRM PRMMarijuana Processing Type 2 PRM11 PRM11Medical/Scientific Research, Product Manufacture/Assembly CUPCUP Mineral Extraction, Crushing, Screening, Etc. CUPCUP CUPPRMCUPCUP Mineral Stockpiling, On-Site and Off-Site CUP CUPPRMCUPCUP Paper Mill CUP Paper Products Manufacture/Assembly PRMPRM Paperboard Containers Manufacture PRMPRM Parcel Delivery Service, Packaging, Crating CUPCUPPRMPRM Plastic Products Manufacture/Assembly CUPPRM Prefabricated Wood Products CUPPRM Printing, Publishing, Binding CUPPRMPRMPRM Rendering Plants CUP Rubber Products CUP Storage, Sales, Distribution of Hazardous Materials CUP Truck, Freight Terminals CUP PRMPRM Vehicle Recycling Facilities CUPCUP Vehicle, Boat Building and Repair CUP PRMPRM Warehousing, Storage CUPCUPPRMPRM Wholesale Trade/Storage of Durable and Nondurable Goods (Auto Parts, Tires, Furniture, Lumber) CUPPRMPRM Wrecking/Junk Yard CUPCUP RECREATIONAL USES Arboretums and Gardens CUPPRM PRMPRM Arcade Room PRMPRM Boat Launches, Water-Related Activities CUPPRMPRM PRMPRM Bowling Alleys PRMPRM Commercial Recreational Facilities CUPCUPPRM CUP Drive-In Theater CUP PRM CUPCUP Exercise Facility PRM Fishing Access CUP PRM PRMPRM Fish/Wildlife Habitat Areas PRMPRM Golf Course, Driving RangeCUPCUP CUPCUP Gun Range CUP6 CUPCUP Hunting Club/Lodge CUP CUPCUP Mini Casinos, Game, Card Rooms CUP Miniature Golf CUPCUPPRM CUP Play Fields, Parks, Public or Private, Community Swimming PoolsCUPCUPCUP CUPCUP Recreational Vehicle Park or Tent Campground CUPCUPPRM CUPCUP Theaters CUPPRM Trail SystemsCUPCUPCUPCUPCUPCUPCUPCUP Racetrack/Speedway (Horse, Mini Sprint, Etc.) CUPCUP CUPCUP Rodeo Grounds CUPCUPCUP CUP Roller Skating/Ice Skating Rink PRMPRM 1 Consistent with standards in Section 17.68.110.2 Provided property/development is at least two and one-half acres in size.3 Provided property/development is at least five acres in size.4 Provided property/development is at least two and one-half acres in size.5 Temporary plants only.6 Indoor use only.7 Consistent with standards in Section 17.04.575.8 Commercial wind energy facilities include all activities described in Chapter 17.70. Where allowed as a conditional use (“CUP”), commercial wind energy facilities shall comply with performance and use standards in Chapter 17.70. Temporary meteorological towers constructed for the purpose of measuring the wind generation potential of potential wind energy project sites are not considered commercial wind energy facilities, and are allowed as a permitted use in all zoning districts where commercial wind energy facilities are allowed.9 Noncommercial wind energy facilities proposing electrical generation exceeding one hundred kilowatts shall be allowed as a conditional use (“CUP”). Such facilities shall comply with performance and use standards in Chapter 17.70.10 The Liquor and Cannabis Board (LCB) determines the number of permits by area for retail stores. Store allocations countywide for Adams County is three (3) as of March 8, 2016. This number could change should the state find the allotment insufficient to accommodate the medical needs of qualifying patients based on population and number of designated providers.11 Indoor production and processing facilities only. No outdoor production or processing permitted. All facilities and activity shall meet the setbacks of the underlying zone. EXHIBIT- BChapter 17.60State-Licensed Recreational Marijuana Producers, Processors and Retailers and Medical Marijuana CooperativesSections:17.60.010Purpose.17.60.020Applicability.17.60.030Definitions.17.60.040State License Required.17.60.050Marijuana Cooperatives.17.60.060Permitted Zoning Districts.17.60.070Development Standards – General.17.60.080Development Standards – Marijuana Production and Processing.17.60.090Development Standards – Marijuana Retailing. 17.60.100Process and Administration.17.60.010Purpose.The purpose of this chapter is to mitigate the impacts of Recreational Marijuana and Medical Marijuana Cooperatives on the Citizens of Adams County, and ensure that all production, processing, and retailing of marijuana and related products within the unincorporated areas of Adams County, Washington comply with the laws of the State of Washington.This chapter regulates the location of state licensed recreational marijuana producers, processors, and retailers and medical marijuana (cannabis) cooperatives allowed under RCW 69.50 and RCW 69.51A, as now in effect or hereafter amended, along with applicable state administrative rules to mitigate impacts of such uses on neighboring properties and to establish conditions related to the production, processing, and/or retailing of marijuana. This Chapter is enacted pursuant to the authority of the laws of the State of Washington only, and should any provision of the laws of the State of Washington relating to Recreational Marijuana and Medical Marijuana Cooperatives be inconsistent with the laws of United States, Adams County hereby tenders defense of such to the State of Washington.17.60.020Applicability.(A) This chapter applies to state licensed recreational marijuana producers, processors, retailers, and those possessing a valid medical cannabis recognition card in unincorporated Adams County subject to this title. For the purpose of describing activities and other characteristics of state-licensed marijuana producers, processors, or retailers, the definitions of RCW 69.50 and WAC 314-55, as now in effect or hereafter amended.(B) Nothing in this chapter shall be construed to supersede Washington state law prohibiting the acquisition, possession, manufacture, sale, or use of marijuana in any manner not authorized by RCW 69.50 or RCW 69.51A, as now in effect or hereafter amended. (C) These regulations are in addition to, and do not replace, any regulations or restrictions imposed by the laws of the state of Washington, and are not intended to conflict with those laws, regulations, or rules. (D) When conflicting provisions or requirements occur between this Chapter and other codes, standards, or laws, the most restrictive provisions shall govern. When there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 17.60.030Definitions.The terms used in this chapter shall have the following meanings: “Active farmland” means land that has been used to produce an agricultural commodity within the last 20-years as evidenced through United States Department of Agriculture enrollment records and visual inspection through aerial imagery and/or site visitation. Land being used for grazing that is not irrigated is not considered to be actively farmed. “Dangerous waste” means those solid wastes designated in WAC 173.303-070 through 173-303-100, as now in effect or hereafter amended, as dangerous, or extremely hazardous or mixed waste.“Inactive farmland” means land that has not been used to produce an agricultural commodity within the last 20-years as evidenced through visual inspection through aerial imagery and/or site visitation. Land that is being used for grazing that is not irrigated is considered inactive farmland.“Indoor production and processing” means a permanent, fully enclosed, and secure structure with a roof and walls, as described by RCW 69.50 and WAC 314-55, as now in effect or hereafter amended, and is compliant with the International Building Code (IBC) and International Fire Code (IFC) F-1 occupancy standards. “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 concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis having THC concentration greater than 10 percent.“Marijuana cooperative” means a group of more than one, but no more than four qualified medical marijuana patients and/or designated providers who share responsibility for growing and processing marijuana only for the medical use of the members of the cooperative in accordance with WAC 314-55-410, as now in effect or hereafter amended."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, as now in effect or hereafter amended. “Marijuana processing” means converting harvested marijuana into useable marijuana, marijuana concentrates, and marijuana-infused products, and packaging and labeling for wholesale or for sale in retail outlets by any person or entity that holds a valid marijuana processor license issued by the Washington State Liquor and Cannabis Board under WAC 314-55-077, as now in effect or hereafter amended. All marijuana processors are classified as either a Type 1 or a Type 2 processor:(a) “Type 1” processor is limited to drying, curing, trimming, packaging, and labeling marijuana for transport to a licensed Type 2 processor or retail facility, for the purpose of applying this code.(b) “Type 2” processor is limited to all marijuana Type 1 processor activities and machine and/or chemical or solvent-based processing which may include drying, curing, trimming, extracting concentrates, infusing products, and packaging and labeling of usable marijuana, marijuana concentrates, and marijuana infused products for wholesale or for sale in retail outlets. For the purpose of applying this chapter, Type 2 processors are considered to be a type of industrial use."Marijuana processor" means a person licensed by the state liquor and cannabis board to process marijuana into marijuana concentrates, useable marijuana, and marijuana-infused products, package and label marijuana concentrates, useable marijuana, and marijuana-infused products for sale in retail outlets, and sell marijuana concentrates, useable marijuana, and marijuana-infused products at wholesale to marijuana retailers."Marijuana producer" means a person licensed by the state liquor and cannabis board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers "Marijuana retailer" means a person licensed by the state liquor and cannabis board to sell marijuana concentrates, useable marijuana, and marijuana-infused products in a retail outlet.“Marijuana production” means the growing of marijuana by any person or entity that holds a valid license issued by the Washington State Liquor and Cannabis Board under WAC 314-55-075, as now in effect or hereafter amended, for wholesale and/or retail sale to a state licensed marijuana processor or retailer.Marijuana production may include growing, drying without chemicals or solvents, cutting, bagging, and labeling marijuana for transport. All licensed marijuana producers are limited to a maximum plant canopy as follows: (a) Tier 1 – up to 2,000 square feet; (b) Tier 2 – up to 10,000 square feet; and(c) Tier 3 – up to 30,000 square feet “Marijuana retailer” means a retail outlet that sells useable marijuana, marijuana-infused products, and marijuana paraphernalia and is owned by any person or entity that holds a valid marijuana retailer license issued by the Washington State Liquor and Cannabis Board under WAC 314-55-079, as now in effect or hereafter amended.“Nonconforming buildings or structures” means in addition to the definition provided in Adams County Code Chapter 17.04,630, as now in effect or hereafter amended, for the purpose of this Chapter, a nonconforming building or structure shall also mean any fence, wall, building, or structure that was legally permitted and is used for a state licensed marijuana operation. Whenever a preexisting, nonconforming structure is abandoned for more than 36 months or where more than 80% is torn down or physically deteriorated, then no permit shall be granted that would allow such preexisting nonconforming structure to be rebuilt or continue its nonconformity”. “Temporary growing structure” means a structure that has the sides and roof covered with polyethylene, polyvinyl, or similar flexible material and is used to provide plants with either frost protection or increased heat retention. For the purpose of this Chapter, a temporary growing structure is considered an outdoor production facility and shall require an Adams County zoning and site plan approval. “Usable marijuana” means dried marijuana flowers and leaves. The term “usable marijuana” does not include either marijuana-infused products or marijuana concentrates. Terms Undefined. All terms undefined herein shall revert to their ordinary Dictionary definition for the purposes of interpretation of this chapter.17.60.040State License Required.Applicants for state licensed marijuana production, processing, or retailing approvals 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 of marijuana under RCW 69.50, as now in effect or hereafter amended, prior to obtaining approval as a state-licensed marijuana producer, processor, or retailer do so at their own risk. Final occupancy for any building permit will not be granted until a Washington state Liquor and Cannabis Board license has been approved. Application for and/or issuance of a license from the state of Washington shall not vest the activity under the Adams County Code.17.60.050Marijuana cooperatives. Medical marijuana cooperatives, as established in RCW 69.51A.250, as now in effect or hereafter amended, are prohibited in unincorporated Adams County. In addition to the enforcement procedures in Chapter 17.88, violations may also be abated by the prosecuting attorney by way of civil abatement procedures. 17.60.060Permitted Zoning Districts.(A) All state licensed recreational marijuana producers, processors, and retail outlets are subject to all applicable definitions and requirements of RCW 69.50, WAC 314-55, as now in effect or hereafter amended, and other state statutes, as they now exist or may be amended.(B) Marijuana state licensed marijuana producers, processors and retailers may only be permitted as shown in Chapter 17.08 “Use Districts and Chart” of the Adams County Zoning Code. 17.60.070Development Standards for Recreational Marijuana – General.The standards listed below shall apply to all marijuana facilities subject to this chapter that are located in the unincorporated areas of Adams County:(A) Prior to commencing operations, a marijuana producer, processor, or retailer shall obtain approval as a state-licensed marijuana producer, processor, or retailer under RCW 69.50 and WAC 314-55, as now in effect or hereafter amended. (B) Marijuana producers, processors, and retailers shall be subject to the development standards of the underlying zoning district, the Adams County Code, and all other local and state laws except as modified in this chapter. When conflicting provisions or requirements occur, the most restrictive provisions shall govern. (C) Noxious weeds shall be controlled pursuant the Adams County Weed Control Board as required by RCW 17.10, as now in effect or hereafter amended.(D) No traffic shall be generated by such a facility in greater volume than would be normally expected in the applicable zoning district and appropriate for the road classification and design which serves the property, as determined by the Adams County Engineer. (E) An access permit from the Adams County Public Works Department shall be required for all new state licensed marijuana production, processing, and retail facilities. All driveways or access roads shall meet Adams County approach and site distance requirements.(F) All state licensed marijuana production, processing, and retail facilities shall comply with required signage pursuant to WAC 314-55-086, as now in effect or hereafter amended.(G) The number, placement, and location of all signs shall comply with RCW 69.50.375, limited to two signs of which neither shall be greater than 864 square inches nor exceed a combined maximum area of 1,600 square inches. (H) Retail sale sites within the commercial zone shall be subject to the signage requirements and standards contained in Adams County Code Chapter 5.16, and as otherwise regulated by Adams County Code. (I) Sources of light for marijuana production and processing facilities and operations, including security lighting, shall be designed and shielded so as to keep light from directly projecting over property lines. All buildings shall be constructed with opaque materials or otherwise designed to eliminate fugitive light and glare visible off-premises.(J) Waste disposal from all structures and uses serving production and/or processing of marijuana shall conform to WAC 314-55-097, as now in effect or as hereafter amended. If any such waste may be designated dangerous wastes under WAC 173-303, as now in effect or hereafter amended, then the waste generator shall bear the responsibility for waste characterization and disposal pursuant to the rules of the Department of Ecology or any other appropriate regulatory authority.(K) All state licensed marijuana production, processing, and retail facilities shall comply with public health and safety standards for potable water and sewerage as described in Title 246 of the WAC as implemented by the Adams County Health Department, as now in effect or hereafter amended.(L) All structures serving marijuana productions and/or processing shall conform to Title 15 of the Adams County Code.(M) All structures and uses for state licensed marijuana producers and processors shall be supported by adequate provisions for water, sewer, and electrical systems in accordance with Adams County Code and state regulations. (N) All driveways or access roads must conform to State Fire Code and local fire district standards for fire access.(O) Marijuana-licensed businesses shall meet the minimum buffer distances contained in RCW 69.50.331 (8) and shall also not be permitted within 1,000 feet of the perimeter ground of Churches and recognized houses of worship. Nothing in this chapter shall be determined to reduce or remove maximum buffers established in RCW 69.50.331. (P) Adams County shall rely on definitions set forth in WAC 314-55.010 as now in effect or hereafter amended, when identifying the entities above. Undefined terms shall be as defined else were in this chapter, then if not otherwise listed in Adams County Code, they shall be defined as listed in the most recent version of Webster’s Dictionary.(Q) No facility engaged in marijuana production or processing shall be permitted within 1,000 feet of the perimeter ground of any parcel containing a licensed marijuana retail outlet. (R) No facility engaged in marijuana production and/or processing may locate within 1-mile from unincorporated residential zones.(S) No facility engaged in marijuana production and/or processing may be located within 2-miles from the municipal boundary of the City of Othello and 1-mile from all other incorporated cities and towns within Adams County. (T) No facility engaged in marijuana production and/or processing shall be allowed to introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties.17.60.080Development Standards – For Recreational Marijuana Production and Processing.(A) State licensed outdoor marijuana production facilities shall be allowed in the Prime Agricultural (AP) and General Agricultural (AG) zoning districts subject to the development standards of the underlying zoning district, the Adams County Code, and all other local and state laws in addition to the modifications contained herein.(B)The site address and state license number must be conspicuously posted at the driveway entrance, and clearly legible from the public right of way.(C) Outdoor production may take place within AP and AG zones in an expanse of open or cleared ground fully enclosed by a sight obscuring wall or fence at least eight feet high or a rigid wall greenhouse in compliance with state requirements, as described in WAC 314-55, as currently in effect or hereafter amended, and shall comply with the following special standards:1. Outdoor production enclosures must be physically separated by a minimum of 20-feet from one another and may not share a common fence or wall pursuant to RCW 69.50 as now in effect or hereafter amended. 2. An eight-hundred-foot buffer shall be required for all outdoor production and processing facilities adjacent to residential dwelling(s) that are not co-owned. The measurement of the buffer shall be measured as the shortest straight-line distance from the production and/or processing facility parcel boundary to the nearest wall of the existing residential unit, except where the new production and/or processing facility abuts a parcel containing a residential unit that is co-owned by an existing production and/or processing facility, then an eight-hundred-foot buffer may not be required. 3. Greenhouses and temporary growing structures are considered outdoor production and processing facilities and must be fully enclosed and secure pursuant to RCW 69.50 as now in effect or hereafter amended. (D) Minimum setbacks required for all state licensed marijuana outdoor and indoor production and processing facilities located in AP or AG zones within “Active Farmland” areas shall be as follows:1. The minimum required setback for state required fence or wall shall be at least two hundred feet from any property line or road right-of-way, whichever is greater, except where a new production or processing facility parcel abuts an existing production or processing facility parcel, then the required fence or wall side and rear setback may be reduced to twenty feet.2. The minimum required setback for a greenhouse and all other accessory structures involved in the production, processing, or storage of useable marijuana shall be at least two hundred feet from any property line or road right-of-way, whichever is greater, except where the greenhouse or accessory structure involved in the production or processing of marijuana abuts an existing production or processing facility parcel, then the minimum required side and rear setbacks between those two parcels shall meet the setbacks of the underlying zone. 3. The minimum required front, rear, and side setbacks for all accessory structures and buildings that are not involved in the production, processing, or storage of useable marijuana shall meet the requirements of the underlying zone. (E) State licensed outdoor and indoor production and processing facilities located in AP or AG zones within “Inactive Farmland” areas are subject to the following special standards:The minimum required setback for the state required fence, wall, or greenhousethat meets the state requirements, as described in WAC 314-55 as currently in effect or hereafter amended, shall be at least two hundred feet from all adjacent Active Farmland area parcels as measured from any property line or road-right-of way, whichever is greater, that abuts an Active Farmland area parcel. 54292501247140The minimum required front, rear, and side setbacks for all state required fencewall or greenhouse that meets the state requirements, as described in WAC 314-55, as currently in effect or hereafter amended, on parcels that are not adjacent to Active Farmland area parcels shall meet the setback requirements for accessory structures or buildings of the underlying zone. For the purpose of this Chapter, all state required fences and walls shall be considered accessory structures. 3. The minimum required front, rear, and side setbacks for any accessory structure shall meet the requirements of the underlying zone. (F) All state licensed indoor production and processing facilities shall comply with the following additional standards:1. Conversion of existing buildings or establishment of new ones must conform to the F-1 occupancy standards set forth by the International Building Code (IBC) and International Fire Code (IFC) and may require sprinklers and alarms depending on their size and location. An Adams County Building permit may be required.2. All indoor structures used for marijuana production and/or processing must be equipped with professionally designed and working equipment including ventilation and filtration system(s) to mitigate any damage or contamination to the crop and to filter exhaust to substantially reduce odor. a. All equipment must be designed and stamped by a professional engineer, currently licensed in the State of Washington, and all equipment, operation, and facilities must be approved for use by the local fire code official to meet required fire, safety, and building code requirements. b. A closed loop system for ventilation and filtration is required for all indoor production and processing operations. The system design/schematics shall be submitted to the Adams County Planning Director for review and issuance of a mechanical permit. No permit shall be issued unless said system design/schematic clearly shows how it will function to meet the intent of this Chapter. 17.60.090Development Standards – Marijuana Retailing.(A) State licensed marijuana retailers shall be allowed in the Commercial District (C) subject to the development standards of the underlying zoning district, the Adams County Code, and all other local and state laws except for the following modifications:1. The position of cameras required for surveillance systems for marijuana retailers shall not intrude on the privacy of neighboring properties. 2. Marijuana retailers shall provide adequate filtered ventilation to eliminate odors of marijuana detectable outside the retail facility. 17.60.100Process and Administration.(A) The purpose of this section is to authorize the Director of Building and Planning the authority to develop administrative permit applications and require other information as necessary to ensure and document that all proposed buildings, structures, or uses associated with state licensed marijuana producers, processors, and retail facilities comply with the intent and purpose of this chapter. (B) The owner or developer of any proposed building, structure, or use associated with a state licensed recreational marijuana producer, processor, or retail facility shall submit a site plan containing the following minimal information as part of a zoning site plan approval or required building permit application.(C) The site plan must include, at a minimum, the following information: 1. Address of project.2. Owner and licensee names.3. Legal description of the property, including any easements.4. North arrow.5. Property lines and dimensions.6. Names of adjacent streets and roads.7. General location, size, and shape of any structures presently on site and those proposed for construction, including buildings, driveways, and fencing.8. Dimensions showing front, side, and rear distances from structures to property lines, distances between all existing and proposed structures.(D) Upon receipt of a building permit application and site plan, the Director shall conduct a review of the location, design, and site plan configuration for compliance with this chapter and may request review and site plan approvals from other departments and agencies to confirm each plan is consistent with other applicable regulations. (E) During the review process, the Director may require the submittal of additional information or revised plans and shall notify the applicant in writing of any such revisions or additional information required. NOTICE OF PUBLIC HEARINGNOTICE IS HERBY GIVEN THAT the Board of Adams County Commissioners will conduct public hearings to receive comments on the following proposed ordinance on the following dates:Monday, March 12, 2018 at 11:00 a.m. in Room 202, Adams County Courthouse, 210 W. Broadway, Ritzville and Wednesday, March 14, 2018 at 11:00 a.m. in the Othello District Courtroom, Adams County Public Services Building, 425 E. Main, Othello.ORDINANCE NO. O-01-2018AN ORDINANCE ADOPTING REGULATIONS FOR MARIJUANA PRODUCERS, PROCESSORS, AND RETAILERS AUTHORIZED BY RCW 69.50; AMENDING ADAMS COUNTY CODE CHAPTER 17.08.040 DISTRICT USE CHART; ADDING A NEW CHAPTER 17.60 STATE-LICENSED MARIJUANA PRODUCERS, PROCESSORS, AND RETAILERS; AND REPEALING INTERIM RESOLUTION NO. R-009-2018.The complete text of Ordinance No. O-01-2018 is available without charge at the office of the Board of County Commissioners, 210 W. Broadway, Ritzville, Washington.Written comments will be accepted up to the time of hearing closure.Contact Clerk of the Board at (509) 659-3236 or e-mail – patriciap@co.adams.wa.us for special accommodations. This hearing will be recorded. ................
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