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HomeMy WebLinkAbout3112 Marijuana Zoning Regulations Ordinance 3112 Page 1 of 4 Ordinance 3112 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADOPTING ZONING REGULATIONS AND STANDARDS RELATING TO BOTH MEDICAL AND RECREATIONAL MARIJUANA,AND AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 17.08 DEFINITIONS, CHAPTER 17.16 RESIDENTIAL ZONING DISTRICTS, CHAPTER 17.18 MIXED USE ZONING DISTRICTS, CHAPTER 17.20 COMMERCIAL ZONING DISTRICTS, CHAPTER 17.22 MARINE-RELATED AND MANUFACTURING ZONING DISTRICTS,AND CHAPTER 17.84 CONDITIONAL USES RECITALS: A. In 1998, the voters of the State of Washington approved Initiative Measure No. 692, now codified as Chapter 69.51A RCW, entitled the Medical Use of Canabis Act,which created an affirmative defense to state criminal liability for seriously ill persons who are in need of medical marijuana for specified medical purposes and who obtain and use medical marijuana under limited, specified circumstances; and B. In 2001, the legislature adopted E2SSB 5073, with certain provisions vetoed by the governor, which enacted provisions authorizing establishment and operation of"collective gardens" for medical marijuana purposes subject to land use powers of municipalities within the State of Washington; and C. Chapter 69.51A RCW, as amended by E2SSB 5073, recognizes the authority and ability of municipalities to regulate medical marijuana within their jurisdictions and to adopt comprehensive land use regulations and licensing regulations concerning the establishment and operation of medical marijuana uses and facilities within such jurisdictions; and D. The Washington voters approved Initiative 502 (hereinafter 1-502") in November of 2012, which "authorizes the state liquor control board to regulate and tax marijuana for persons twenty-one years of age and older; and E. I-502 allows the Washington State Liquor Control Board to license marijuana producers "to produce marijuana for sale at wholesale to marijuana processors and other marijuana producers"; and F. I-502 allows the Washington State Liquor Control Board to license marijuana processors to "process, package and label usable marijuana and marijuana-infused products for sale at wholesale to marijuana retailers"; and G. I-502 allows the Washington State Liquor Control Board to license a marijuana retailer to "sell usable marijuana and marijuana-infused products at retail in retail outlets"; and H. Under 1-502,before the Washington State Liquor Control Board issues a new or renewed Ordinance 3112 Page 2 of 4 license to an applicant, it must give notice of the application to the chief executive officer of the incorporated city, and the city has the right to file its written objections to such license within 20 days after transmittal of the notice of application, but the Board makes the final decision whether to issue a license; and I. I-502 establishes certain siting limitations on the Washington State Liquor Control Board's issuance of such licenses for any 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; and J. The Washington State Liquor Control Board adopted rules to carry the provisions of I-502, which included limits on the number of retail outlets that may be licensed in each city and county; the equipment and management of retail outlets and premises where marijuana is produced and processed, and the inspection of same; methods of producing, processing, and packaging the marijuana and marijuana products; security requirements at such establishments; retail outlet locations and hours of operation; labeling requirements and restrictions on advertising of such products; licensing and licensing renewal rules; the manner and method to be used by which licensees may transport and deliver marijuana and marijuana products (among other things); and K. 1-502 decriminalizes, for purposes of state law, the production, manufacture,processing, packaging, delivery, distribution, sale or possession of marijuana, as long as such activities are in compliance with I-502; and L. As the City of Port Townsend did not have any regulations addressing either medical or I- 502 marijuana, other than the requirement for a general business license, on August 5, 2013 the City Council adopted a series of emergency interim regulations (Ordinance 3094) and left them in place following a public hearing held on September 3, 2013. In so doing, Council found it appropriate to prohibit the issuance of any local business licenses sought for a medical or I-502 marijuana enterprise except where certain conditions were being met. In sum, those conditions include: 1. The applicant demonstrates that he/she has first received the appropriate State license (applicable for an 1-502 operation); 2. That the operation would be conducted from a commercially zoned location, and, 3. The operation is not being conducted as a "home occupation". Council referred the matter to the Planning Commission for their review and recommendation on permanent regulations for medical and I-502 marijuana; and, M. Following a January 21, 2014 public hearing, the City Council extended the interim regulations subject to minor revisions that clarified I-502 production and/or processing was being authorized only within the Mixed Light Manufacturing and Commercial (M/C) zone (until the adoption of permanent regulations were reviewed) and that no existing marijuana operations within the City were conferred any vested rights; and Ordinance 3112 Page 3 of 4 N. The Planning Commission met on this matter in Workshop sessions held December 12, 2013 and January 23, 2014. An update on staff s progress with draft code amendments was provided to the Planning Commission on March 13, 2014 prior to public hearings on the same held March 27, 2014 and April 23, 2014. Following their April 23, 2014 public hearing, the Planning Commission recommended approval to the City Council of a series of code amendments that addresses both medical and I-502 marijuana; and O. The City Council held a workshop on July 7, 2014, and an open record public hearing on July 14 and 21, 2014, and has considered public comments and written submittals, and considered the recommendation of both the Planning Commission and the DSD Director and staff: NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: Section 1. New Sections and Amendments. The Port Townsend Municipal Code is amended and added to as follows (all Exhibits are attached and incorporated by reference; underlining is new): Sections 17.08.020, .040 and .050 of Chapter 17.08 Definitions are amended to add new definitions as shown on Exhibit A. Chapter 17.16 Residential Zoning Districts is amended to add uses to Table 17.16.020 and a new section 17.16.025, as shown on Exhibit B. Chapter 17.18 Mixed Use Zoning Districts is amended to add uses to Table 17.18.020, as shown on Exhibit C. Chapter 17.20 Commercial Zoning Districts is amended to add uses to Table 17.20.020, as shown on Exhibit D. Chapter 17.22 Marine-Related and Manufacturing Zoning Districts is amended to add uses to Table 17.22.020, as shown on Exhibit E. Chapter 17.84 Conditional Uses is hereby amended to add a new section 17.84.065, as shown on Exhibit F. 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 (August 4, 2013), providing for interim zoning Ordinance 3112 Page 4 of 4 regulations relating to marijuana, and subsequent extensions of the interim regulations, continues to exist and warrants the adoption of this Ordinance. This Ordinance, which shall take effect immediately upon passage by a majority vote plus one of the whole membership of the Council, provides that the interim regulations substantially remain in effect, as modified by this Ordinance. If this Ordinance did not go into effect on an emergency basis, the interim regulations in Ordinance 3103 (February 3, 2014) would expire on or about August 5, 2014, leaving the City without any zoning regulations relating to marijuana, until the regular effective date of an adopted Ordinance. 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, and even if effective immediately because adopted on an emergency basis, it shall be also and in addition be effective five days after publication as if adopted on a non-emergency basis. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 4th day of August 2014. 'Ai David King, Mayor Attest: Approved as to Form: y Joanna Sanders, CMC, City Clerk John P. Watts, City Attorney Ordinance 3112 Exhibit A Page 1 of 5 EXHIBIT A Chapter 17.08 DEFINITIONS Sections: 17.08.020 A through D. 17.08.040 I through M. 17.08 050, N through Q. 17.08.020 A through D. "Cannabis" See"Marijuana." As used in administering this zoning code, cannabis most frequently refers to provisions related to medical marijuana; however, the terms "cannabis" and "marijuana"throughout are considered interchangeable. "Collective garden, medical marijuana, non-commercial" means a garden as authorized and limited under RCW 69.51A.085 and local law, where qualifying patients (or their designated provider)mqy assume responsibility for acquiring and nd supplying the resources required to produce and process cannabis for medical use in a strictly non-commercial and neighborhood compatible format. Within the City, qualifying patients or their designated_ provider) create and participate in a non-commercial form of collective garden for the purposes of producing, processing,transporting,ransporting, delivering cannabis for medical use where allowed in the City's residential zones subject to the following conditions and standards: 1 Only one collective garden is allowed on a parcel of land containing a detached single- family residence and/or accessory dwelling unit. One collective garden is also allowed on a parcel of land containing a congregate care, assisted living, nursing, rest or convalescent homes. Cannabis processing must occur indoors within a rigid structure (e.g. a primary or accessory building); 2 The property owner where each collective garden is located must reside on site, register the location with the City's Development Services Department (DSD) and demonstrate it lies more than 300 feet from the restricted entities listed in WAC 314-55-050(10). The method of measuring distance and the definitions of restricted entities shall be the same as those established in WAC 314-55. The City may require a collective garden operator to verify the required 300 foot buffer will be adhered to via the services of a Washington State licensed survey 3 As part of registration,the location owner sign and return to the city an Agreement ,city drafted) acknowledging the use is not being vested should state law on medical marijuana be changed to render it otherwise non-conforming. The Agreement would also indemnify and hold the city harmless for actions related to the collective ag rden; Ordinance 3112 Exhibit A Page 2 of 5 4 Notwithstanding the provisions of PTMC 17.88 (Non-conforming lots, structures and uses) any pre-existing collective garden in operation within a residential zone as of the effective date of this Chapter shall be brought into full compliance with the provisions of this Chapter within ten(10) months of its effective date, provided, nothing prevents the City within the ten (10) month period from adopting additional standards or amending different conditions, and/or from shortening or extending the timeframe for compliance; and any pre-existing collective garden in operation within a residential zone as of the effective date of this Chapter which continues to operate remains subject to all existing City code and regulations, including but not limited to Chapters 9.08 and 9.10 PTMC prohibiting nuisances; 5 Non-commercial medical marijuana collectives will have no more than ten members. A member is any patient who receives marijuana from the collective for personal use. For the purpose of this chapter, membership will last for a minimum of six months from the date the patient receives any marijuana. 6. A copy of each qualifying ing patient's valid documentation or proof of registration with the registry established in state law(now or in the future), including a copy of the patient's proof of identity, must be available at all times on the premises of the collective arg den; 7. No usable cannabis from the collective garden maybe delivered to anyone other than one of the qualifying patients participating in the collective garden. Cannabis cultivation activities are not for commercial sale to other qualified patients outside of the collective (as no sales take place, no business license is required and no taxes are collected). Under no circumstances may a non-commercial collective garden be operated as a home occupation; 8. The outward residential character of the property and underlying zone shall be maintained as part of the collective arg den operation (e.g. no adverse lighting, smells, traffic). This shall include: a) Cannabis shall not be grown or on display, in location where the cannabis plants are visible from the public right-of-way or public place. b) The use of gas products (CO2, butane, etc.) for the processing of medical cannabis produced by the collective garden is prohibited; and, c) No more than 5 vehicle trips per week may be generated by members of the collective garden; 9. Where two (2) or more qualified patients meeting the definition of a family as set forth in this paragraph reside on the same parcel of land,the cultivation of medical marijuana for use by the family is not considered a collective garden subject to the following_ a) the number of cannabis plants or amount of useable cannabis allowed on the parcel may not exceed the limits allowed under state law for the combined sum of qualified patients in the family or for a collective arg den, whichever is less. For purposes of this paragraph, "family" means two or more persons related by blood, marriage, adoption, or a group of not more than two persons not related by blood or marria eg living together as a single housekeeping unit in a dwelling unit. "Collective garden, medical marijuana, commercial" means a garden as authorized and Ordinance 3112 Exhibit A Page 3 of 5 limited under RCW 69.51A.085 and local law, where qualifying patients may assume responsibility for acquiring ndsupplying cannabis for medical use in a commercial (including non-profit) format. Qualified patients may create and ap rticipate in the City's form of commercial collective garden where allowed subject to the following conditions and standards: 1. The commercial garden owner obtain and maintain a business license and pay all applicable taxes (business and occupation; retail sales); 2. As part of issuing a business license the commercial garden owner sign an Agreement (city drafted) acknowledging the use is not being vested should subsequent changes in state law regarding medical marijuana render the location non-conforming. The Agreement would also indemnify and hold the city harmless for actions related to the collective garden ; and, 3. No on-site cultivation is permitted and only one (1) commercial collective garden is allowed per parcel of land; 4. Notwithstanding the provisions of PTMC 17.88 (Non-conforming lots, structures and uses) any pre-existing collective garden in operation within a commercial zone as of the effective date of this Chapter shall be brought into full compliance with the provisions of this Chapter within six (6) months of its effective date. "Designated provider" for purposes of the City's medical marijuana regulations, means a person who: (a) Is eighteen years of age or older; (b) Has been designated in writing by a patient to serve as a designated provider under this chapter; (e) Is prohibited from consuming marijuana obtained for the personal, medical use of the patient for whom the individual is acting as designated provider; and (d) Is the designated_ provider to only one patient at any one time. 17.08.040 I through M. "Indoors" means within a fully enclosed and secure structure that complies with the city's adopted building codes that has a complete roof enclosure supported by walls extending from the ground to the roof, and a foundation slab or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible through one or more lockable doors and constructed of solid materials that cannot be easily broken through. Plastic sheeting regardless of gauge or similar products do not satisfy this requirement. "Marijuana" means all parts of the plant Cannabis, whether rg owing 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, 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. See also "Cannabis." Ordinance 3112 Exhibit A Page 4 of 5 "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. Within the City of Port Townsend, all state licensed marijuana processors must conduct all activities entirely indoors within a rigid structure. "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. Within the City of Port Townsend, all state licensed marijuana producers must conduct cultivation activities entirely indoors within a rigid structure. "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. "Marijuana retailer" means a person licensed by the State Liquor Control Board to sell usable marijuana and marijuana-infused products in a retail outlet. "Retail marijuana outlet" means a location licensed by the State Liquor Control Board for the retail sale of useable marijuana and marijuana-infused products. "Marijuana, usable" means dried marijuana flowers. The term "usable marijuana" does not include marijuana-infused products. 17.08.050 N through Q. "Qualifying patient", for purposes of the City's medical marijuana regulations, means a person who: (a) Is a patient of a health care professional; (b) Has been diagnosed by that health care professional as having a terminal or debilitating medical condition; (c) Is a resident of the state of Washington at the time of such diagnosis; (d) Has been advised by that health care professional about the risks and benefits of the medical use of marijuana; and (e) Has been advised by that health care professional that they may benefit from the medical use of marijuana. Ordinance 3112 Exhibit B Page 1 of 3 EXHIBIT B Chapter 17.16 RESIDENTIAL ZONING DISTRICTS Sections: 17.16.020 Permitted, conditional and prohibited uses—Accessory dwelling units. 17.16.025 Medical Marijuana, Personal Cultivation and Non-Commercial Collective Gardens—standards and requirements. Table 17.16.020 Residential Zoning Districts—Permitted, Conditional and Prohibited Uses Key to table: P= Permitted outright; C = Subject to a conditional use permit; X= Prohibited; N/A=Not applicable DISTRICT R-I R-II R-III R-IV APPLICABLE REGULATIONS/NOTES MULTIFAMILY RESIDENTIAL USES Congregate care or X X P P Same as above. Also, non-commercial medical assisted living marijuana collective gardens are permitted subject facilities (with seven to the standards of PTMC 17.16.025.C. or more dwelling units/bedrooms) Nursing, rest, or X X P P Same as above. Also, non-commercial medical convalescent homes marijuana collective gardens are permitted subject (seven or more to the standards of PTMC 17.16.025.C. persons) OTHER USES Churches C C C C Church buildings must comply with the requirements of PTMC 17.16.030, Bulk, dimensional and density requirements; however, towers, spires and steeples exceeding the height requirements of that section may be allowed, provided they comply with International Building Code. Ordinance 3112 Exhibit B Page 2 of'3 Table 17.16.020 Residential Zoning Districts—Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; C = Subject to a conditional use permit; X= Prohibited; N/A=Not applicable DISTRICT R-I R-II R-III R-IV APPLICABLE REGULATIONS/NOTES Medical Marijuana, P P P P PTMC 17.16.025.B-, PTMC 17.16.030 Bulk personal cultivation dimensional and density requirements. Medical Marijuana, P P P X_ PTMC 17.16.025.C; PTMC 17.16.030, Bulk, non-commercial dimensional and density requirements. IA non- Collective Garden commercial collective garden is allowed on a parcel containing a congregate care, assisted living,nursing, rest or convalescent home. 17.16.025 Medical Marijuana, Personal Cultivation and Non-Commercial Collective Gardens—Standards and Requirements. A. Purpose and Intent 1. The State of Washington under RCW 69.51A,has determined that qualified patients (or their designated providers) with terminal or debilitating medical conditions, who, in the judgment of their health care professionals, may benefit from the medical use of cannabis (marijuana) shall not be arrested, prosecuted or subject to other criminal sanctions or civil consequences under state law, based solely on their medical use of cannabis (marijuana), notwithstanding any other provision of law. 2. This sub-section is intended to acknowledge state law and accommodate the needs of Port Townsend's qualifying patients while ensuring the character, livability and safety of its residential neighborhoods are adequately protected. Through adoption of clear local standards that are in addition to the limitations established under RCW 69.51A the needs for medical cannabis (marijuana) patients can be met on a continual basis without adverse impacts to the neighboring properties or the neal public. 3. Where permitted in the city's residential zones, all impacts generated by medical cannabis cultivation including cultivation done in non-commercial collective gardens as defined by this Title are limited to those roughly proportional to those associated with allowed uses (by right or through approved home occupation as provided for under PTMC 17.56.070). Furthermore membership in non-commercial collective gardens is Ordinance 3112 Exhibit B Page 3 of 3 not intended to accommodate more than 10 specific individuals over a minimum six (6) month pre-identified time period. B. Personal Cultivation - The cultivation of medical cannabis by an individual qualify patient or their designated provider, for their personal use within his/her private residence is provided for under RCW 69.51A.M. In addition to the provisions of state law,the cultivation of medical cannabis for personal use by individual qualifying patients shall adhere to the following local standards: 1. The qualified patient or desi ng a�provider) shall reside on the property where the medical cannabis is cultivated. Cannabis processing must occur indoors within a rigid structure (e.g. a primary or accessory building); 2. From a public right-of-way, there shall be no exterior evidence of medical cannabis cultivation on the site; 3. Cultivation or processing of medical cannabis for commercial retail purposes, wholesale or sales as a Home Occupation is prohibited. C. Non-Commercial Collective Gardens Establishment of a non-commercial medical marijuana collective garden, consistent with the both RCW 69.51A.085 and the limitations set forth in this chapter, are allowed in the City's residential zones where indicated in Table 17.16.020 and are subject to the terms set forth defining such use in PTMC 17.08 as well as the following conditions: 1. A collective garden is allowed in the R-I, R-II and R-111 zones only on properties that contain a detached single-family residence. They are prohibited within attached single- family homes (duplex, triplex and fopMlex),within the R-IV zone and within any multifamily dwelling(5 or more units) with the exception of congregate care, assisted living, nursing, rest or convalescent homes as defined by this title where one collective garden may be operated on the premises of such uses, subject to the other provisions of this section. 2. A collective garden may occur within a legal, conforming accessory building to a detached single-family residence in the authorized zones. 3. Upon registration, the non-commercial collective garden must be able to demonstrate compliance with the applicable conditions of this chapter and the requirements of the building and fire code (Chapter 16.04 PTMC). 4. All collective garden cultivation authorized by this subsection shall adhere to the following_operational standards: (i) Odor—The cannabis cultivation shall not subject residents of neighboring parcels who are of normal sensitivity to objectionable odors. Ordinance 3112 Exhibit B Page 4 of 3 (ii) Lighting—All lights used for cannabis cultivation shall be shielded and downcast or otherwise positioned in a manner that will not allow it to extend beyond the boundaries of the parcel upon which the collective garden is located. (iii) Noise—Operation of the collective garden shall not exceed the noise levels allowed under municipal code Chapter 9.09 PTMC). (iv) Visibility—Cannabis cultivated by the collective garden shall not be grown or on display in any location visible to the public from any public right-of-way or publicly owned property_ (v) Signage—There shall be no exterior signage relating to the collective garden at the site. (vi) Gas prohibited—the use of gas products (CO2, butane etc.) for the processing of medical cannabis is prohibited. Ordinance 3112 Exhibit C EXHIBIT C Chapter 17.18 MIXED USE ZONING DISTRICTS Sections: 17.18.020 Permitted, conditional and prohibited uses. Table 17.18.020 Mixed Use Zoning Districts—Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; C = Subject to a conditional use permit; X= Prohibited; N/A=Not applicable DISTRICT C-I(MU) C-II(MU) APPLICABLE REGULATIONS/NOTES COMMERCIAL USES Building materials, X P PTMC 17.18.030, Bulk, dimensional and density garden and farm requirements; and Ch. 17.36 PTMC, Multifamily supplies stores Residential Development Standards. Medical marijuana, P P Same as above. Must also demonstrate compliance Commercial with the standards found in the definition set forth Collective Garden in PTMC 17.08. Marijuana, retail C C Same as above. Must also demonstrate compliance sales with the standards found in the definition set forth in PTMC 17.08. Ordinance 3112 Exhibit D EXHIBIT D Chapter 17.20 COMMERCIAL ZONING DISTRICTS Sections: 17.20.020 Permitted, conditional and prohibited uses—Limitations on use. Table 17.20.020 Commercial Zoning Districts —Permitted, Conditional and Prohibited Uses Key to table: P= Permitted outright; C = Subject to a conditional use permit; H= Subject to conditional use requirements for historic structures; X= Prohibited; N/A=Not applicable DISTRICT C-I C-II C-II(H) C-III APPLICABLE REGULATIONSINOTES COMMERCIAL RETAIL USES Antique and gift X P C P PTMC 17.20.030, Bulk, dimensional and density sales requirements. Collective Garden, P P P P Same as above. Must also demonstrate compliance medical marijuana, with the standards found in the definition set forth in commercial PTMC 17.08 Marijuana, retail P P P P Same as above. Must also demonstrate compliance sales with the standards found in the definition set forth in PTMC 17.08. MANUFACTURING USES Marijuana, X C X X Same as above. Must also demonstrate compliance processing with the standards found in the definition set forth in PTMC 17.08 and is subject to PTMC 17.84 Marijuana, X C X X Same as above. Must also demonstrate compliance production with the standards found in the definition set forth in PTMC 17.08 and is subject to PTMC 17.84 Ordinance 3112 Exhibit E EXHIBIT E Chapter 17.22 MARINE-RELATED AND MANUFACTURING ZONING DISTRICTS Sections: 17.22.020 Permitted, conditional and prohibited uses —Limitations on use. Table 17.22.020 Marine-Related and Manufacturing Districts—Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; M=Permitted if marine related; C = Subject to a conditional use permit; X= Prohibited; N/A= Not applicable DISTRICT M-C M-I M-II(A) M-II(B) M-III APPLICABLE REGULATIONS/NOTES MANUFACTURING USES Lumber and X C X X P PTMC 17.22.030, Bulk, Dimensional wood products and Density Requirements. processing Marijuana, P X P P X Same as above. Must also demonstrate Production compliance with the standards found in and/or the definition set forth in PTMC 17.08. Processing Ordinance 3112 Exhibit F EXHIBIT F Chapter 17.84 CONDITIONAL USES Sections: 17.84.065 Additional approval criteria—Marijuana production and/or processing as a conditional use in the General Commercial zone 17.84.065 Additional approval criteria—Marijuana production or marijuana processing as a conditional use in the General Commercial zone Establishment of a marijuana production or processing facility as defined in PTMC 17.08 maybe allowed as a conditional use within the General Commercial (C-II) zone without a requirement to provide a retail component provided that in addition to the standards and criteria governing conditional use permits set forth in PTMC 17.84.050, the following additional criteria shall also be met: A. Noise. All operations shall follow best management practices so as to minimize unnecessary conflicts with and impacts to adjacent non-commercial land or water uses to the extent practicable given the intended use and zoning. Prior to issuance of a conditional use permit, a marijuana production or processing facility acility seeking to locate in the C-Il zone may be required by the DSD Director to retain the services of a qualified acoustical engineer to demonstrate noise levels emanating from operation will comply with all applicable noise levels as adopted by the City in PTMC 9.09. B. Light and Glare. All exterior lighting shall not be used in such a manner that produces glare on public streets or roads and neighboring property, except where required to do so by law as a result of the marijuana production or processing. All interior ling used in production shall be performed so as not to be seen from any point beyond the outside of the property. C. Fire and Safety Hazards. The storage and handling of inflammable liquids, liquefied petroleum gases and explosives shall comply with rules and regulations falling under the jurisdiction of the city fire chief, the laws of the state and other local ordinances. Below rg ound storage of any inflammable liquids shall be permitted, and the tank shall be located not closer to the property line than the greatest dimension(diameter, length, or height) of the tank. D. Interferences. Provisions must be made for necessary shielding or other preventive measures against interferences occasioned by mechanical or electrical equipment, uses or processes with electrical apparatus in nearby buildings or land uses. E. Waste Products. Liquid and solid wastes storage of animal or vegetable waste which attract insects or rodents or otherwise create a health hazard shall be prohibited. No waste products Ordinance 3112 Exhibit F from a conditionally permitted use shall be exposed to view from eye level from any property line in the General Commercial district.