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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 d L = Permitted o L L G L' Q C = Conditional = Administrative permit required "t 00 0 o ca I is a 1 ea a 'u Py W e0i a •y t •� ai a •� d a .� d a S on v. DS L N O yi O Gb 4.5 r8 R12 R20 o P I BP II Mxd Eo f elling Units * Single-family detached P P P P P6 P P * Single-family attached P P P P *Multifamily P P C7 P * obile home park P * ouseboat C C C C roup Residences * Senior citizen assisted A P P P C7 C C C C Community residential facility — C C C C C * RF * RF — prisoner release C C * ormitory C2 ccessory Uses *Residential living quarters A3 A3 A3 P A A A3 P *Home (cottage) industry A A A A4,5 A A A *Home occupation A A A A A4,5 A A P * ome profession P P P P P P P P P * edical mari uana cooperative P8 P8 P8 P8 P8 P8 P8 P8 P8 emporary Lodging 7011 oteUmotel PI Cl * ed and breakfast C C C C C C P A A P 7041 rganization hotelllodging houses C C 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 QpRT Oq" SEAL _ o° ° Sponsored by: ��''�'0F"'AS``` 1 Fred Chang, Councilmen 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