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HomeMy WebLinkAbout3103 Extending Moratorium on Siting Establishment and Operation of any Structures or Uses Relating Ordinance 3103 Moratorium Extension—Cannabis Siting,Establishment and Operation Page 1 of 3 Ordinance 3103 AN ORDINANCE OF THE CITY OF PORT TOWNSEND EXTENDING THE MORATORIUM IN ORDINANCE 3094 (AUGUST 5,2013) ON THE SITING, ESTABLISHMENT AND OPERATION OF ANY STRUCTURES OR USES RELATING TO MARIJUANA PRODUCTION, MARIJUANA PROCESSING, OR MARIJUANA RETAILING,EXCEPT WITHIN CERTAIN COMMERCIAL ZONING DISTRICTS, WITH AN AMENDMENT TO ALLOW PRODUCTION AND PROCESSING IN THE MC (MIXED COMMERCIAL/LIGHT MANUFACTURING) ZONING; AND PROVIDING THAT CITY-ISSUED BUSINESS LICENSES AND DEVELOPMENT PERMITS RELATING TO CANNABIS DO NOT CONFER ANY VESTED RIGHTS; AND ESTABLISHING AN AMORTIZATION PERIOD FOR ANY SUCH FUTURE NON-CONFORMING CANNABIS-RELATED USES OR STRUCTURES RECITALS: A. On August 5, 2013, the Port Townsend City Council adopted Ordinance 3094 as an interim regulation relating to both recreational and medical use of marijuana within the city limits. On September 3, 2013, the City Council held a public hearing on the Ordinance and made findings extending the interim regulation. The interim regulation prohibited any cannabis-related operation in the City except in the City's commercial zoning district. The Council referred the matter to the Planning Commission for review and recommendation. B. Since adoption of Ordinance 3094, the Washington State Liquor Control Board (LCB) on November 16, 2013 adopted rules related to recreational marijuana. An initial filing period for applicants to submit and seek approval of an LCB recreational marijuana license began November 20, 2013 and ended on December 20, 2013. C. During the LCB's initial license filing period, a review of Ordinance 3094 and the need for permanent regulations was initiated with the Planning Commission, which held a workshop on December 12, 2013. A second workshop is scheduled for January 23, 2014. The Planning Commission is expected to hold a hearing in April 2014 and have a recommendation to the City Council shortly thereafter. D. The City Council finds it is appropriate to preserve the status quo and to prevent the vesting of any new business license applications or other development permits (including building permits)that are or may become inconsistent(e.g. non-conforming) with the outcome of Council's final actions. E. The City Council re-affirms the recitals in Ordinance 3094. F. Section 36.70A.390 of the Revised Code of Washington authorizes the City Council to adopt an immediate moratorium for a period of up to six months without holding a public hearing on Ordinance 3103 Moratorium Extension—Cannabis Siting,Establishment and Operation Page 2 of 3 the proposal provided that a public hearing is held within at least sixty days of its adoption, and to extend moratoriums from time to time to allow time for the adoption of permanent regulations. G. The City Council deems it to be in the public interest to continue with a zoning moratorium and interim regulation a) prohibiting the establishment, location, operation, licensing, maintenance or continuation of any structure or use consisting of"marijuana retailers," excepting therefrom those located within Commercial Zoning Districts. b) prohibiting the establishment, location, operation, licensing, maintenance or continuation of any structure or use consisting of"marijuana producers" and "marijuana processors," excepting therefrom those located within the Mixed Light Manufacturing and Commercial (M/C) zoning district. THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,WASHINGTON ORDAINS AS FOLLOWS: Section 1. Enactment. For the reasons set forth in the Recitals (above), which are hereby approved, the provisions in Exhibit A, attached and incorporated by reference, are hereby re-imposed, re-enacted, extended, and modified as set forth, for six (6) months from the effective date of this Ordinance or until permanent regulations relating to cannabis and cannabis land uses are adopted by the City Council, whichever is sooner. Section 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid,the remainder of the ordinance, or the application of the provision to other persons or circumstances, is not affected. Section 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 4. Declaration of Emergency. The City Council hereby declares that the emergency that necessitated Ordinance 3094 continues to exist and warrants both extension and amendment by this Ordinance, which shall take effect immediately upon passage by a majority vote plus one of the whole membership of the Council. Without immediate continuance of these interim regulations on the City's acceptance of applications as set forth in this Ordinance, such applications could become vested, leading to locations that could be incompatible with the codes eventually adopted by the City. Therefore,the interim regulations adopted as an interim emergency measure must be continued as amended to protect the public health, safety and welfare, and to prevent the submission of applications to the City in an attempt to vest rights for an indefinite period of time. Section 5. Effective Date. This Ordinance shall take effect and be in full force and effect immediately upon passage, as long as it is approved by a majority plus one of the entire membership of the Council, as required by RCW 35A.12.130. Otherwise, it shall be effective five days after publication. Ordinance 3103 Moratorium Extension—Cannabis siting,Establishment and Operation Page 3 of 3 Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 3rd day of February 201-A. I) r "/� David King, Mayor Attest: Approved as to Form: Pamela Kolacy, MMC, City Clerk f John P. Watts, City Attorney Exhibit A to Ordinance 3103 Page 1 of 5 Exhibit A Section 1.Pursuant to the provisions of RCW 36.70A.390, a zoning moratorium and interim regulation is hereby enacted in the City of Port Townsend, as set forth below: a) prohibiting the establishment, location, operation, licensing, maintenance or continuation of any structure or use consisting of medical cannabis collective gardens or medical marijuana dispensaries, excepting therefrom those located within Commercial Zoning Districts. b) prohibiting the establishment, location, operation, licensing, maintenance or continuation of any structure or use consisting of"marij uana dueef s","m^.;;,,^^^ „r^ees °~s" and "marijuana retailers", excepting therefrom those located within Commercial Zoning Districts. c) prohibiting the establishment location operation licensing maintenance or continuation of any structure or use consisting of"marijuana producers" and "marijuana processors", excepting therefrom those located within theMixed Light Manufacturing and Commercial(M/C) zoning district. ed) prohibiting the establishment, location, operation, licensing, maintenance or continuation of any structure or use consisting of medical cannabis collective gardens or medical marijuana dispensaries as a home occupation as defined by PTMC Chapter 17.56..-. dd) prohibiting the establishment, location, operation, licensing, maintenance or continuation of any structure or use consisting of"marijuana producers", "marijuana processors" and "marijuana retailers"as a home occupation as defined by PTMC Chapter 17.56.: Section 2. Any such establishments defined in Section 1 shall only be located as provided in Section 1,withi Commercial Zoning Districts and such establishments shall be required to comply with State and City licensing requirements, in addition to all other requirements of State law, including but not limited to,the siting limitations for"marijuana producers,""marijuana Exhibit A to Ordinance 3103 Page 2 of 5 processors"and"marijuana retailers" which apply to the Washington State Liquor Control Board's issuance of such licenses for such premises that are within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center or library, or any game arcade, admission to which is not restricted to persons aged twenty-one years or older I-502, Section 8); and Section 3. Consistent with the licensing scheme in I-502, which prohibits anyone from engaging in the activities identified in I-502 without first obtaining a license from the Washington State Liquor Control Board, the City will not be issuing any business license for the purposes described in I-502 unless the applicant demonstrates that he/she has first received the appropriate license from the State; and Section 4.Marijuana Definitions. A. "Cannabis or Marijuana" 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. For the purposes of this Ordinance, "cannabis" or "marijuana" 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. B. "Marijuana processor" means a person licensed by the State Liquor Control Board to process marijuana into useable marijuana and marijuana-infused products, package and label usable marijuana and marijuana-infused products for sale in retail outlets, and sell usable marijuana and marijuana-infused products as wholesale to marijuana retailers. Exhibit A to Ordinance 3103 Page 3 of 5 C. "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. D. "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. E. "Marijuana retailer" means a person licensed by the State Liquor Control Board to sell usable marijuana and marijuana-infused products in a retail outlet. F. "Retail outlet" means a location licensed by the State Liquor Control Board for the retail sale of useable marijuana and marijuana-infused products. G. "Usable marijuana" means dried marijuana flowers. The term "usable marijuana" does not include marijuana-infused products. H. "Medical marijuana dispensary" is hereby defined as any individual, business, corporation or other entity which: 1) sells or otherwise dispenses marijuana to more than one "qualifying patient" in any thirty(30) day period or to any person who does not meet the definition of "qualifying patient" under the terms of state law, or 2)maintains more than one month's supply for one qualifying patient on the premises at any time, or 3)provides for the cultivation of more than 15 plants by collective or cooperative ventures at a location. The receipt of cash or other legal tender in exchange for, contemporaneously with or immediately following the delivery of marijuana, shall be presumed to be a sale. Any person or entity which sells or otherwise dispenses marijuana to more than one person and/or qualifying patient in any thirty (30) day period or cultivates marijuana for more than one person and/or qualifying patient, shall be presumed to be a "medical marijuana dispensary." Section S.General Definitions. Exhibit A to Ordinance 3103 Page 4 of 5 A."Exempt development permits" shall include any permit application for a structure or use/operation of property for marijuana production, marijuana processing or marijuana retailing, as defined in this Ordinance,that is subject to the vested rights doctrine, and that was submitted to the City and determined by the City staff to be complete on or before the effective date of this Ordinance. Section 6. Purpose. The purpose of this moratorium is to allow the City adequate time to study the secondary land use impacts associated with the location and siting of structures and uses in which marijuana production, marijuana processing or marijuana retailing may take place. In addition, the moratorium will allow the City adequate time to study I-502, and to review and implement awai the administrative rules that the Liquor Control Board wiII developed in November 2013. The City's goal is to ultimately draft zoning and business licensing regulations to address such developments and uses,to hold public hearings on such draft regulations and to adopt such regulations. Section 7. Moratorium Imposed. The City Council imposes an immediate six-month moratorium on the acceptance of all non-exempt development permit and business license applications, as defined in this Ordinance. All such non-exempt development permit and business license applications shall be rejected and returned to the applicant. With regard to the City's acceptance of any exempt business license or development permit applications, such acceptance shall only allow processing to proceed, but shall not constitute an assurance that the application will be approved. Section 8. Duration of Moratorium. The moratorium imposed by this Ordinance shall commence on the date of the adoption of this Ordinance. As long as the City holds a public hearing on the moratorium and adopts findings and conclusions in support of the moratorium (as require by Exhibit A to Ordinance 3103 Page 5 of 5 law), the moratorium shall not terminate until six (6)months after the date of adoption, or at the time the City Council adopts non-temporary regulations on the matter of this ordinance, whichever is sooner. The Council shall make the decision to terminate the moratorium by ordinance, and termination shall not otherwise be presumed to have occurred. Section 9. Vested Rights and Amortization. This Ordinance does not vest any City-issued marijuana-related business license or development permit with a right to continue operation if eventually rendered non-conforming as to use by the adoption of permanent zoning regulations following the he expiration of the interim regulations in this Ordinance . Any marijuana-related business license or development permit that is issued by the City that is later made non-conforming through the adoption of permanent zoning_regulations shall have an amortization period of 180-days (6 months) from the adoption of an Ordinance that replaces the interim regulations in this Ordinance with permanent zoning regulations in which to achieve zoning code compliance or cease operation. Section 910.This ordinance shall be referred to the City of Port Townsend Planning Commission for its review and recommendation for inclusion in the zoning ordinances of the City of Port Townsend.