026-16 - Ordinance - Amending Title 16 for Consistency with Legislative AmendmentsORDINANCE NO.026-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT
ORCHARD MUNICIPAL CODE CHAPTERS 16.08, 16.20, 16.30 AND 16.39 FOR
CONSISTENCY WITH 2O15 LEGISLATIVE AMENDMENTS TO CHAPTER 69.50 RCW
(UNIFORM CONTROLLED SUBSTANCES ACT) AND 69.51A RCW (MEDICAL
CANNABIS)
WHEREAS, on November 12, 2013, the City Council adopted Ordinance 023-13, which
prohibited business licenses from being issued to medical marijuana dispensaries or collective
gardens and prevented such uses from being located within the City; and
WHEREAS, on April 22, 2014, the City Council adopted Ordinance 003-14, which
included land use regulations concerning the production, processing and retail sale of
recreational marijuana in accordance with RCW 69.50 (Uniform Controlled Substances Act), as
currently codified in Title 16 POMC, including Chapters 16.08 "Definitions," 16.20 "Property -
Specific Designations — Overlay Districts", 16.30 "General Land Use Requirements — Tables",
and 16.39 "Recreational Marijuana"; and
WHEREAS, in the 2015 Legislative session, Governor Inslee approved SSSB 5052 which
made a number of revisions to Chapter 69.50 RCW and 69.51A RCW (Medical Cannabis),
including definitions, the deletion of collective gardens and medical marijuana dispensaries,
and the addition of medical marijuana cooperatives, all of which became effective on July 1,
2016; and
WHEREAS, the City desires to adopt updated zoning and land use regulations that are
consistent with Chapters 69.50 and 69.51A RCW; and
WHEREAS, on June 28, 2016, the City Council adopted Ordinance 018-16, which revised
POMC Chapter 5.12 (Business Licenses) to allow medical marijuana cooperatives to obtain a
City business license; and
WHEREAS, on July 1, 2016, the City's SEPA official issued a determination of non -
significance for the proposed changes to the City's zoning and land use regulations and there
have been no appeals; and
WHEREAS, on August 2, 2016, the Planning Commission held a duly -noticed public
hearing on the proposed changes to the City's zoning and land use regulations; now, therefore,
Ordinance No. 026-16
Page 2 of 12
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the "Whereas" sections of this Ordinance as
findings in support of this Ordinance.
SECTION 2. Port Orchard Municipal Code (POMC) Chapter 16.08 is hereby amended to
read as follows; all other provisions of this section shall remain unchanged and in full force and
effect:
16.08.451 Marijuana.
"Marijuana" shall have the meaning established pursuant to RCW 69.50.101, as
currently adopted and hereafter amended.
16.08.452 Marijuana business.
"Marijuana business" or "marijuana businesses" shall mean and incorporate all
marijuana uses licensed by the Washington State Liquor and Cannabis Board,
including, but not limited to, marijuana producers, marijuana processors,
marijuana retailers, and marijuana retail outlets, each as separately defined
herein.
16.08.453 Marijuana -infused products.
"Marijuana -infused products" shall have the meanings established pursuant to
RCW 69.50.101, as currently adopted and hereafter amended.
16.08.454 Marijuana processor.
"Marijuana processor" shall have the meaning established pursuant to RCW
69.50.101, as currently adopted and hereafter amended.
16.08.455 Marijuana producer.
"Marijuana producer" shall have the meaning established pursuant to RCW
69.50.101, as currently adopted and hereafter amended.
16.08.456 Marijuana retail outlet.
"Marijuana retail outlet" shall have the meanings established pursuant to RCW
69.50.101, as currently adopted and hereafter amended, and shall also include
marijuana retailers with a medical marijuana endorsement, as defined herein.
Ordinance No. 026-16
Page 3 of 12
16.08.457 Marijuana retailer.
"Marijuana retailer" shall have the meaning established pursuant to RCW
69.50.101, as currently adopted and hereafter amended.
16.08.458 Marijuana retailer with a medical marijuana endorsement
"Marijuana retailer with a medical marijuana endorsement" shall have the
meaning established pursuant to RCW 69.51A.010, as currently adopted and
hereafter amended.
16.08.459 Medical marijuana cooperative.
"Medical marijuana cooperative" shall mean a cooperative established and
registered with the Washington State Liquor and Cannabis Board pursuant to
69.51A RCW, and that may produce and process marijuana for the medical use
of its members pursuant to the regulations under RCW 69.51A.250, as currently
adopted and hereafter amended.
SECTION 3. POMC Chapter 16.20 is hereby amended to read as follows; all
other provisions of this section shall remain unchanged and in full force and effect:
16.20.201 DOD permitted uses.
All uses listed below are permitted uses. No other uses shall be permitted in the
Central DOD, unless said use is accessory to the principal permitted use or uses.
Uses within the East and West "Gateways" may include uses allowed within the
underlying zone or any of the Central DOD uses.
(1) On lots that do not abut Bay Street the following are permitted uses:
(a) Single family attached dwellings.
(b) Multifamily dwellings above the first floor, including but not limited
to condominiums.
(c) Amusement/entertainment including but not limited to theaters,
bowling, amusement arcades; but excluding adult entertainment.
(d) Barbers and beauticians.
(e) Bed and Breakfasts.
(f) Boat dealers; provided no inventory shall be allowed on site.
(g) Conference centers.
(h) Daycare.
(i) Dock.
(j) Commercial recreation.
(k) General business services.
Ordinance No. 026-16
Page 4 of 12
(1) Health services, including offices, patient clinics, and medical/dental
laboratories.
(m) Hotels and motels.
(n) Library.
(o) Liquor and wine stores.
(p) Marinas and marine supply.
(q) Museums.
(r) Parks.
(s) Parking lots and parking structures.
(t) Post Office.
(u) Professional offices and services, including financial, accounting, and
legal.
(v) Public agency offices.
(w) Retail sales and services listed as permitted uses in a commercial or
mixed use zone in Land Use Tables 1-8, POMC 16.30.030 - 16.30.100, except
for motor vehicle dealers, auto supply stores, gas stations, boat dealers,
adult entertainment, and fuel dealers.
(x) Trails.
(y) Water transportation facilities.
(z) Medical marijuana cooperatives as permitted in Land Use Table 6,
POMC 16.30.080.
(2) On lots that abut Bay Street the following are permitted uses:
(a) Single family attached dwellings above the first floor.
(b) Multifamily dwellings above the first floor, including but not limited to
condominiums.
(c) Amusement/entertainment including but not limited to theaters, bowling,
amusement arcades; but excluding adult entertainment.
(d) Barbers and beauticians.
(e) Bed and Breakfasts above the first floor.
(f) Boat dealers; provided no inventory shall be allowed on site.
(g) Conference centers.
(h) Daycare above the first floor.
(i) Dock.
(j) Commercial recreation.
(k) General business services, except Bail Bonds and similar uses under SIC
Code 7389 are prohibited from the ground floor and must be located above the
ground floor.
Ordinance No. 026-16
Page 5 of 12
(1) Health services, including offices, patient clinics, and medical/dental
laboratories above the first floor.
(m) Hotels and motels.
(n) Library.
(o) Liquor and wine stores.
(p) Marinas and marine supply.
(q) Museums.
(r) Parks.
(s) Parking lots and parking structures.
(t) Post Office.
(u) Professional offices and services, including financial, accounting, and legal
above the first floor.
(v) Public agency offices above the first floor.
(w) Retail sales and services listed as permitted uses in a commercial or
mixed
use zone in Land Use Tables 1-8, POMC 16.30.030 - 16.30.100, except for motor
vehicle dealers, auto supply stores, gas stations, boat dealers, adult
entertainment, and fuel dealers.
(x) Trails.
(y) Water transportation facilities.
(z) Medical marijuana cooperatives as permitted in Land Use Table 6, POMC
16.30.080.
SECTION 4. POMC section 16.30.080, Land Use Table 6, is hereby amended to
read as follows:
Ordinance No. 026-16
Page 6 of 12
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Ordinance No. 026-16
Page 7 of 12
Note: All applicable requirements of this title, or other applicable state or federal requirements, shall govern a
use located within the Port Orchard incorporated area in addition to those described in the notes following.
1. Except bed and breakfast.
2. Only as an accessory to a school, college/university, church or conference center.
3. Accessory dwelling units:
a. Only one accessory dwelling per lot;
b. The primary residence or the accessory dwelling unit shall be owner -occupied;
c. The accessory dwelling unit shall not be larger than 50 percent of the living area of the primary residence;
d. One additional off-street parking space is provided; and
e. The accessory dwelling unit shall be converted to another permitted use or shall be removed if at least one
of the units ceases to be owner -occupied.
4. No customers are allowed on site.
5. In the R20 zone, home (cottage) industry and home occupation are allowed in single-family detached
homes only.
6. Permitted with approval of a planned residential development.
7. Permitted as part of Mixed -Use development with approval of a Conditional Use Permit (Maximum R-20
density)
8. Medical marijuana cooperative:
a. Only as an accessory use located within a residential dwelling unit;
b. The cooperative shall be registered with the state Liquor and Cannabis Board and all members shall be
registered in the state medical marijuana authorization database and hold valid recognition cards;
c. The cooperative shall obtain and maintain a city business license according to POMC 5.12;
d. The cooperative shall operate in accordance with all requirements of 69.51A RCW.
SECTION 5. POMC Chapter 16.39 is hereby amended to read as follows; all other
provisions of this section shall remain unchanged and in full force and effect:
Chapter 16.39
RECREATIONAL MARIJUANA
Sections:
16.39.010 Findings and purpose.
16.39.020 Applicability.
16.39.030 Location criteria.
16.39.040 Marijuana uses allowed in identified zones.
16.39.050 Licenses required.
16.39.060 Signs and advertising.
16.39.070 Report of disturbance and unlawful activity.
16.39.080 Visibility of activities; control of emissions.
16.39.100 Adoption by reference.
16.39.010 Findings, purpose, and intent.
(1) In November 2012, Washington voters passed Initiative 502, which
established precedent for the production, processing and retail sale of marijuana
for recreational purposes. Pursuant to chapter 69.50 RCW, the State has adopted
Ordinance No. 026-16
Page 8 of 12
rules establishing a state-wide regulatory and licensing program for marijuana
uses (chapter 315-55 WAC). It is therefore desirable for the city to establish local
regulations to address such uses.
(2) In April 2015, the Washington State Legislature amended the statutory
definitions relating to medical marijuana in RCW 69.51A.010, and also eliminated
the regulations applicable to "collective gardens" and adopted provisions
allowing medical marijuana "cooperatives" effective July 1, 2016.
(3) The purpose of these regulations is to establish where recreational
marijuana producers, processors and retail outlets and medical marijuana
cooperatives may locate in the city, and to describe the restrictions upon such
uses.
(4) These regulations are intended to ensure that state -licensed marijuana
uses are located and developed in a manner that is consistent with the desired
character and standards of the city of Port Orchard, minimizes potential
incompatibilities and impacts, and protects the public health, safety, and general
welfare of the citizens of Port Orchard.
(5) No part of this chapter is intended to or shall be deemed to circumvent
federal law, or provide permission to any person or entity to violate federal law,
including but not limited to, the Controlled Substances Act, 21 U.S.C. Section 800
et seq., the Uniform Controlled Substances Act (chapter 69.50 RCW) nor to
otherwise permit any activity that is prohibited under either Act, or any other
local, state or federal law, statute, rule or regulation. 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 chapters 69.50 or 69.51A RCW. Nothing in this chapter shall be
construed to supersede legislation prohibiting persons from engaging in conduct
that endangers others, or that creates a nuisance, as defined herein.
(6) This chapter incorporates certain requirements and procedures set forth
in chapter 69.50 RCW and 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.
16.39.020 Applicability.
(1) The provisions of this chapter shall apply city-wide. The specific
development standards provided herein shall be in addition to the zoning and
development standards generally applicable to the proposed use and the
relevant zoning district.
Ordinance No. 026-16
Page 9 of 12
(2) The regulations under chapter 69.50 RCW and chapter 314-55 WAC, now
or as may hereafter be amended, shall apply to all marijuana businesses and
medical marijuana cooperatives, as applicable, in addition to the provisions of
this chapter.
(3) No person or use that purports to be a marijuana producer, processor, or
retailer, or a medical marijuana r collective garden, as defined and regulated
herein and in chapters 69.50 and 69.51A RCW and chapter 314-55 WAC, that
was engaged in that activity prior to the enactment of this chapter shall be
deemed to have been a legally established use or entitled to claim legal
nonconforming status.
(4) The City 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 City ordinances
and regulations.
16.39.030 Location criteria.
(1) No marijuana business, or medical marijuana cooperative may locate
within 1,000 feet of any of the following:
(a) Elementary or secondary school;
(b) Playground;
(c) Recreation 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.
(2) The methodology for measuring the buffers described above shall be as
provided in WAC 314-55-050.
(3) It shall be the responsibility of the owner or operator of the proposed
state -licensed marijuana use to demonstrate and ensure that a proposed
location is not within one of the buffers outlined above.
(4) No marijuana business may locate within any residentially zoned district
or within any residential unit in the city.
(5) No medical marijuana cooperative may be located within one mile of a
marijuana retail outlet.
Ordinance No. 026-16
Page 10 of 12
16.39.040 Marijuana uses allowed in identified zones.
(1) Marijuana businesses shall only be allowed in those zoning districts where
it is specifically identified as a permitted use. See land use tables set forth in
POMC 16.30.050 (processing), 16.30.090 (production), and 16.30.100 (retail).
Medical marijuana cooperatives are an allowed use in all zoning districts.
(2) Marijuana retail outlets shall not be open to the public between the hours
of 12:00 a.m. and 8:00 a.m.
(3) An existing nonconforming use located within a zoning district that would
otherwise not permit marijuana uses, such as an old convenience store in a
residential zone, shall not be allowed to convert to a marijuana use.
16.39.050 Licenses required.
(1) A valid, current license is required from the Washington State Liquor and
Cannabis Board for operation of any marijuana business. A copy of this license
shall be submitted to the city as part of the complete application for a city
business license.
(2) A valid, current registration is required from the Washington State Liquor
and Cannabis Board for operation of any medical marijuana cooperative. A copy
of this registration shall be submitted to the city as part of the complete
application for a city business license.
(3) No marijuana business or medical marijuana cooperative may operate or
open for business prior to receipt of a city business license. The process for
obtaining a city business license is set forth in chapter 5.12 POMC.
16.39.060 Signs and advertising.
(1) All signage and advertising for a marijuana business shall comply with the
applicable provisions of this code, the sign code, zoning code, and state law(and
all applicable rules and regulations promulgated thereunder).
The city may enforce this section pursuant to chapters 16.01 and 16.65 POMC.
For violations of state law, the city may report the violation to the Washington
State Liquor and Cannabis Board.
16.39.070 Report of disturbance and unlawful activity.
(1) All marijuana businesses, and any agent, manager or employee thereof,
shall immediately report to the city police department any disorderly act,
conduct or disturbance and any unlawful activity committed in or on the licensed
and permitted premises, including, but not limited to, any unlawful resale of
marijuana, and shall also immediately report any such activity in the immediate
vicinity of the business.
Ordinance No. 026-16
Page 11 of 12
(2) Each marijuana business shall post and keep at all times visible to the
public in a conspicuous place on the premises a sign with a minimum height of
fourteen (14) inches and a minimum width of eleven (11) inches with each letter
to be a minimum of one-half inch in height, which shall read as follows:
WARNING:
The City of Port Orchard Police Department must be notified of all disorderly
acts, conduct or disturbances and all unlawful activities which occur on or within
the premises of this licensed establishment.
(3) It shall not be a defense to a prosecution of a code enforcement action
under this section that the licensee was not personally present on the premises
at the time such unlawful activity, disorderly act, conduct or disturbance was
committed; however, no agent or employee of the licensee shall be personally
responsible for failing to report any disorderly act, conduct or disturbance and
any unlawful activity hereunder if such agent, servant or employee was absent
from the premises at the time such activity was committed. (Ord. 003-14 § 3
(Exh. A))
16.39.080 Visibility of activities; control of emissions.
(1) All activities of the marijuana business, including, but not limited to,
cultivating, growing, processing, displaying, manufacturing, selling and storage,
shall be conducted out of the public view.
(2) No marijuana or paraphernalia shall be displayed or kept in a marijuana
business so as to be visible from outside the licensed premises.
(3) Sufficient measures and means of preventing smoke, odors, debris, dust,
fluids and other substances from exiting the marijuana business must be in effect
at all times. In the event that any odors, dust, fluids or other substances exit a
marijuana business, the owner of the subject premises and the licensee shall be
jointly and severally liable for such conditions and shall be responsible for the
immediate, full clean-up and correction of such condition. The licensee shall
properly dispose of all such materials, items and other substances in a safe,
sanitary and secure manner and in accordance with all applicable federal, state
and local laws and regulations.
SECTION 6. If any section, sentence, clause or phrase of this ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Ordinance No. 026-16
Page 12 of 12
SECTION 7. This ordinance shall be in full force and effective 5 days after publication of this
ordinance, as required by law. A summary of this ordinance may be published in lieu of the
entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 9th day of August 2016.
ATTEST:
Brandy Rinearson, CIVIC, City Clerk
APPROVED AS TO FORM:
S aron Cates, City Attorney
PUBLISHED: August 19, 2016
EFFECTIVE DATE: August 24, 2016
Robert Putaansuu, Mayor
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held August 9th, 2016.
ORDINANCE NO. 026-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT
ORCHARD MUNICIPAL CODE CHAPTERS 16.08, 16.20, 16.30 AND 16.39 FOR
CONSISTENCY WITH 2O15 LEGISLATIVE AMENDMENTS TO CHAPTER 69.50 RCW
(UNIFORM CONTROLLED SUBSTANCES ACT) AND 69.51A RCW (MEDICAL
CANNABIS)
Copies of Ordinance No. 026-16 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 026-16 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, August 19th, 2016