HomeMy WebLinkAbout3103 Extending Moratorium on Siting Establishment and Operation of any Structures or Uses Relating Ordinance 3103
Moratorium Extension—Cannabis Siting,Establishment and Operation
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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
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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
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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
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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
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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
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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
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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
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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.