HomeMy WebLinkAboutReg 2013-09-03 Item 5A - Ordinance - Zoning Code Amendment on Marijuana Retailers, Processors and ProducersCOUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
08/26/13
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cir
8/26/13
09/03/13
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Bid Award
11113 Date
/
Other
Mtg Date
CATEGORY Discussion
I Ordinance
Mg Date
il/RgDate 9/3/13
SPONSOR Council Mayor — HR Di DCD — Finance Fire IT P&R — Police Pr
SPONSOR'S The Council is being asked to consider a zoning code amendment to the Tukwila Municipal
SUMMARY Code. The proposed code changes would add state-licensed marijuana retailers,
processors and producers as permitted uses in the Tukwila Valley South (TVS) and HI
zones and repeal the moratorium on recreational marijuana uses adopted on 8/5/2013.
This item went before the Planning Commission on 7/25. The Council is being asked to
hold a public hearing on 8/26 and schedule the adoption of the proposed changes on 9/3.
REVIEWED BY fl COW Mtg. Z CA&P Cmte I I F&S Cmte Transportation Cmte
I— Utilities Cmte — Arts Comm. — Parks Comm. 7 Planning Comm.
DATE: 08/12/2013 CM/IMF-FITE CHAIR: EKBERG
ITEM INFORMATION
ITEM No.
5.A.
37
STAFF SPONSOR: STACY MACGREGOR
ORIGINAL AGENDA DATE: 08/26/13
AGENDA ITEM TITLE
Recreational Marijauna Zoning
Code Amendment
8/26/13
Motion
Mtg Date
Resolution
AftgDate
Bid Award
11113 Date
I 1 Public Hearing
Mg Date
Other
Mtg Date
CATEGORY Discussion
I Ordinance
Mg Date
il/RgDate 9/3/13
SPONSOR Council Mayor — HR Di DCD — Finance Fire IT P&R — Police Pr
SPONSOR'S The Council is being asked to consider a zoning code amendment to the Tukwila Municipal
SUMMARY Code. The proposed code changes would add state-licensed marijuana retailers,
processors and producers as permitted uses in the Tukwila Valley South (TVS) and HI
zones and repeal the moratorium on recreational marijuana uses adopted on 8/5/2013.
This item went before the Planning Commission on 7/25. The Council is being asked to
hold a public hearing on 8/26 and schedule the adoption of the proposed changes on 9/3.
REVIEWED BY fl COW Mtg. Z CA&P Cmte I I F&S Cmte Transportation Cmte
I— Utilities Cmte — Arts Comm. — Parks Comm. 7 Planning Comm.
DATE: 08/12/2013 CM/IMF-FITE CHAIR: EKBERG
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Department of Community Development
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source: N/A
Comments: n/a
MTG. DATE
RECORD OF COUNCIL ACTION
08/26/13
Forward to the next Regular Meeting
MTG. DATE
ATTACHMENTS
08/26/13
Informational Memorandum dated 07/30/13, with attachments <edited after CAP>
Draft Ordinance
Minutes from the Community Affairs and Parks Committee meeting of 8/12/13
09/03/13
Ordinance in final form
37
38
ty of Tu
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES
RELATING TO LAND USE AND ZONING AS CODIFIED AT TUKWILA
MUNICIPAL CODE SECTION 18.40.020 AND ESTABLISHING A NEW
SECTION 18.50.210; ADOPTING ZONING RESTRICTIONS ON THE
PRODUCTION, PROCESSING, AND RETAILING OF RECREATIONAL
MARIJUANA USES; DESCRIBING THE LAND USE IMPACTS
TRIGGERING SUCH RESTRICTIONS; IDENTIFYING THE
PERMITTED ZONE FOR RECREATIONAL MARIJUANA USES AS
THE TUKWILA VALLEY SOUTH AND HEAVY INDUSTRIAL ZONES;
ESTABLISHING SEPARATION AND DISTANCE REQUIREMENTS
WITHIN THE PERMITTED ZONES; ESTABLISHING PROCEDURES
FOR ENFORCEMENT OF VIOLATIONS INCLUDING ABATEMENT OF
MARIJUANA NUISANCES; REPEALING ORDINANCE NO. 2405,
WHICH ESTABLISHED THE MORATORIUM ON RECREATIONAL
MARIJUANA USES; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, since 1970, federal law has prohibited the manufacture and
possession of marijuana as a Schedule I drug, based on the federal government's
categorization of marijuana as having a "high potential for abuse, lack of any accepted
medical use, and absence of any accepted safety for use in medically supervised
treatment." Gonzales v. Reich, 545 U.S. 1, 14 (2005), Controlled Substance Act (CSA),
84 Stat. 1242, 21 U.S.C. 801 et seq; and
WHEREAS, on November 6, 2012, Initiative 502 was passed by the voters of the
State of Washington, providing a framework under which marijuana producers,
processors, and retailers can become licensed by the State of Washington; and
WHEREAS, Initiative 502 directs the Washington State Liquor Control Board
(WSLCB) to develop rules and regulations to:
1. Determine the number of producers, processors and retailers of marijuana
by county;
2. Develop licensing and other regulatory measures;
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3. Issue licenses to producers, processors, and retailers at locations which
comply with the Initiative's distancing requirements prohibiting such uses
within 1,000 feet of schools and other designated public facilities; and
4. Establish a process for the City to comment prior to the issuance of such
licenses; and
WHEREAS, the WSLCB is expected to adopt new regulations on recreational
marijuana on October 16, 2013, and to begin issuance of marijuana producer,
processor and retail licenses to qualified applicants in December 2013; and
WHEREAS, Section 69.51A.140 RCW delegates authority to cities and towns to
adopt and enforce zoning requirements, business licensing requirements, health and
safety requirements, and business taxes as exercises of the City's police powers; and
WHEREAS, the City Council wishes to clarify that the manufacture, production,
processing, retailing, possession, transportation, delivery, dispensing, application, or
administration of marijuana must comply with all applicable City laws, and that
compliance with City laws does not constitute an exemption from compliance with
applicable state and federal regulations; and
WHEREAS, the City of Tukwila believes that the health, safety, and welfare of the
community is best served by excluding from certain zones any production, processing,
selling or delivery of marijuana; and
WHEREAS, the City of Tukwila adopted Ordinance No. 2405 imposing a
moratorium on recreational marijuana uses while zoning for said uses is established;
and
WHEREAS, Ordinance No. 2405 requires formal action by the City Council to
terminate the moratorium; and
WHEREAS, the City Council has studied the land use and other secondary impacts
of recreational marijuana use, and has now drafted a zoning ordinance to address these
impacts; and
WHEREAS, the State Environmental Policy Act (SEPA) Responsible Official issued
a threshold decision for this draft ordinance on July 30, 2013, which was not appealed;
and
WHEREAS, on July 25, 2013, the Planning Commission held a public hearing on
the draft zoning ordinance; and
WHEREAS, the Planning Commission recommended approval of the draft zoning
ordinance to the City Council; and
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WHEREAS, on August 26, 2013, the City Council held a hearing on the draft zoning
ordinance, after proper notice, during its regular meeting; and
WHEREAS, the City Council after due consideration believes that certain amend-
ments to the City's zoning code are necessary; and
WHEREAS, the City Council decided to adopt a zoning ordinance and to formally
repeal the moratorium on recreational marijuana uses (Ordinance No. 2405);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Formal Repeal of Moratorium. Ordinance No. 2405, a moratorium on
the establishment of marijuana producers, processors, and retailers asserted to be
authorized under Initiative No. 502, is hereby repealed.
Section 2. TMC Section Adopted. A new section is hereby added to Tukwila
Municipal Code (TMC) Chapter 18.06, "Definitions," as follows:
Marijuana
"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. The term 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.
Section 3. TMC Section Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
Marijuana Processor
"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 useable marijuana and marijuana-infused products for sale in retail outlets,
and sell useable marijuana and marijuana-infused products at wholesale to marijuana
retailers.
Section 4. TMC Section Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
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Marijuana Producer
"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.
Section 5. TMC Section Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
Marijuana Retailer
"Marijuana retailer" means a person licensed by the state liquor control board to sell
useable marijuana and marijuana-infused products in a retail outlet.
Section 6. TMC Section Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
Marijuana-infused Products
"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.
Section 7. TMC Section Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
Useable Marijuana
"Useable marijuana" means dried marijuana flowers. The term "useable marijuana"
does not include marijuana-infused products.
Section 8. TMC Section 18.34.020 Amended. Ordinance Nos. 2368 §35, 2287
§25, 2251 §47, 2021 §7, 1986 §12, 1974 §8, 1971 §15, 1814 §2, 1774 §2, and 1758 §1
(part), as codified at TMC Section 18.34.020, (Heavy Industrial) "Permitted Uses," are
hereby amended to read as follows:
18.34.020 Permitted Uses
The following uses are permitted outright within the Heavy Industrial District, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code:
1. Adult entertainment establishments are permitted, subject to the following
location restrictions:
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such
uses, areas or zones are located within or outside the City limits:
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(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC,
RCM or TUC zone districts or any other residentially-zoned property;
(2) In or within one-half mile of:
(a) Public or private school with curricula equivalent to
elementary, junior or senior high schools, or any facility owned or operated by such
schools; and
(b) Care centers, preschools, nursery schools or other child care
(3) In or within 1,000 feet of:
(a) public park, trail or public recreational facility; or
(b) church, temple, synagogue or chapel, or
(c) public library.
b. The distances specified in TMC Section 18.34.020.1.a. shall be
measured by following a straight line from the nearest point of the property parcel upon
which the proposed use is to be located, to the nearest point of the parcel of property or
land use district boundary line from which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate within
1,000 feet of an existing adult entertainment establishment. The distance specified in
this section shall be measured by following a straight line between the nearest points of
public entry into each establishment.
2. Automobile, recreational vehicles or travel trailer sales rooms and travel
trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used
parts allowed.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenter shops employing less than five people.
10. Commercial laundries.
11. Commercial parking subject to TMC Chapter 18.56, Off-Street Parking and
Loading Regulations.
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convention facilities.
15. Daycare centers.
16. Extended-stay hotel/motel.
17. Financial:
a. banking
b. mortgage
c. other services
18. Fix-it, radio or television repair shops/rental shops.
facilities;
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19. Fraternal organizations.
20. Frozen food lockers for individual or family use.
21. Greenhouses or nurseries (commercial).
22. Heavy equipment repair and salvage.
23. Hotels.
24. Industries involved with etching, film processing, lithography, printing, and
publishing.
25. Internet data/telecommunication centers.
26. Laundries:
a. self-serve
b. dry-cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
28. Manufacturing and industrial uses that have little potential for creating off-
site noise, smoke, dust, vibration or other external environmental impacts or pollution,
including but not limited to, manufacturing, processing, repairing, packaging and/or
assembly of:
a. Previously prepared metals, including, but not limited to, stamping,
dyeing, shearing or punching of metal, engraving, galvanizing and hand-forging;
b. Food, including, but not limited to, baked goods, beverages (including
fermenting and distilling), candy, canned or preserved foods, dairy products and
byproducts, frozen foods, instant foods and meats (provided that no slaughtering is
permitted);
c. Pharmaceuticals and related products, such as cosmetics and drugs;
d. Previously prepared materials including, but not limited to, bags,
brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics,
rubber, tile and wood;
e. Electronic, mechanical or precision instruments such as medical and
dental equipment, photographic goods, measurement and control devices, and
recording equipment.
29. Manufacturing and industrial uses that have moderate to substantial
potential for creating off-site noise, smoke, dust, vibration and other external
environmental impacts including but not limited to, manufacturing, processing,
assembling, packaging and/or repairing of:
a. Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass,
enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering
or slaughtering);
b. Electrical or mechanical equipment, vehicles and machines, including,
but not limited to, heavy and light machinery, tools, airplanes, boats or other
transportation vehicles and equipment;
c. Previously manufactured metals, such as iron and steel fabrication;
steel production by electric arc melting, argon oxygen refining, and consumable
electrode melting; and similar heavy industrial uses.
30. Marijuana processor
31. Marijuana producer
32. Marijuana retailer
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33. Medical and dental laboratories.
34. Mortician and funeral homes.
35. Motels.
36. Offices, including:
a. outpatient medical clinic
b. dental
c. government - excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
37. Parks, trails, picnic areas and playgrounds (public), but not including
amusement parks, golf courses or commercial recreation.
38. Pawnbrokers.
39. Planned shopping center (mall).
40. Plumbing shops (no tin work or outside storage).
41. Railroad tracks (including lead, spur, loading or storage).
42. Recreation facilities (commercial - indoor), athletic or health clubs.
43. Religious facility with an assembly area less than 750 square feet.
44. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini-vans, recreational vehicles, cargo vans and
certain trucks).
45. Rental of commercial trucks and fleet rentals requiring a commercial
driver's license.
46. Restaurants, including:
a. drive-through
b. sit down
c. cocktail lounges in conjunction with a restaurant.
47. Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment,
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants,
pets, jewelry, gifts, recreation equipment and sporting goods, and similar items.
48. Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
49. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
50. Sales and rental of heavy machinery and equipment subject to landscaping
requirements of the Landscape, Recreation, Recycling/Solid Waste Space
Requirements chapter of this title.
51. Salvage and wrecking operations.
52. Schools and studios for education or self-improvement.
53. Self-storage facilities.
54. Storage (outdoor) of materials is permitted up to a height of 20 feet with a
front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100
feet; security required.
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55. Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this
title.
code.
to be:
56. Taverns, nightclubs.
57. Telephone exchanges.
58. Theaters, excluding adult entertainment establishments, as defined by this
59. Tow truck operations, subject to all additional State and local regulations.
60. Truck terminals.
61. Warehouse storage and/or wholesale distribution facilities.
62. Other uses not specifically listed in this title, which the Director determines
a. similar in nature to and compatible with other uses permitted outright
within this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 9. TMC Section 18.40.020 Amended. Ordinance Nos. 2368 §41, 2287
§30, 2251 §54, 2235 §8, 2097 §17, 2021 §10, 1986 §15, 1974 §11, 1971 §17, 1830
§25, 1814 §2, 1774 §5, and 1758 §1 (part), as codified at TMC Section 18.40.020,
(Tukwila Valley South) "Permitted Uses," are hereby amended to read as follows:
18.40.020 Permitted Uses
The following uses are permitted outright within the Tukwila Valley South District,
subject to compliance with all other applicable requirements of the Tukwila Municipal
Code:
1. Adult entertainment establishments are permitted, subject to the following
location restrictions:
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such
uses, areas or zones are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC,
RCM or TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula equivalent to
elementary, junior or senior high schools, or any facility owned or operated by such
schools; and
facilities;
(b) Care centers, preschools, nursery schools or other child care
(3) In or within 1,000 feet of:
(a) public park, trail or public recreational facility; or
(b) church, temple, synagogue or chapel, or
(c) public library.
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b. The distances specified in TMC Section 18.40.020.1.a. shall be
measured by following a straight line from the nearest point of the property parcel upon
which the proposed use is to be located, to the nearest point of the parcel of property or
land use district boundary line from which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate within
1,000 feet of an existing adult entertainment establishment. The distance specified in
this section shall be measured by following a straight line between the nearest points of
public entry into each establishment.
2. Animal veterinary, including associated temporary indoor boarding; access
to an arterial required.
3. Automobile, recreational vehicles or travel trailer sales rooms and travel
trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used
parts allowed.
4. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
5. Beauty or barber shops.
6. Bicycle repair shops.
7. Billiard or pool rooms.
8. Brew pubs.
9. Bus stations.
10. Cabinet shops or carpenter shops employing less than five people.
11. Commercial laundries.
12. Commercial parking, subject to TMC Chapter 18.56, Off-Street Parking and
Loading Regulations.
13, Computer software development and similar uses.
14. Contractor's storage yards.
15. Convalescent and nursing homes for not more than 12 patients.
16. Convention facilities.
17. Daycare centers.
18. Dwelling - one detached single-family unit per existing lot (includes factory
built or modular home that meets UBC).
19. Extended-stay hotel/motel.
20. Farming and farm-related activities.
21. Financial:
a. banking
b. mortgage
c. other services
22. Fix-it, radio or television repair shops/rental shops.
23. Fraternal organizations.
24. Frozen food lockers for individual or family use.
25. Greenhouses or nurseries (commercial).
26. Heavy equipment repair and salvage.
27. Hotels.
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28. Industries involved with etching, film processing, lithography, printing and
publishing.
29. Internet data/telecommunication centers.
30. Laundries:
a. self-serve
b. dry-cleaning
c. tailor, dyeing
31. Libraries, museums or art galleries (public).
32. Manufacturing and industrial uses that have little potential for creating off-
site noise, smoke, dust, vibration or other external environmental impacts of pollution,
including but not limited to, manufacturing, processing, assembling, packaging and/or
repairing of:
a. Food, including, but not limited to, baked goods, beverages (including
fermenting and distilling), candy, canned or preserved foods, dairy products and
byproducts, frozen foods, instant foods and meats (provided that no slaughtering is
permitted);
b. Pharmaceuticals and related products, such as cosmetics and drugs;
c. Previously prepared materials including, but not limited to, bags,
brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics,
rubber, tile and wood;
d. Electronic, mechanical or precision instruments such as medical and
dental equipment, photographic goods, measurement and control devices and recording
equipment.
33. Marijuana processor
34. Marijuana producer
35. Marijuana retailer
36. Medical and dental laboratories.
37. Mortician and funeral homes.
38. Motels.
39. Offices, including:
a. outpatient medical clinic
b. dental
c. government - excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
40. Pawnbrokers.
41. Planned shopping center (mall).
42. Plumbing shops (no tin work or outside storage).
43. Parks, trails, picnic areas and playgrounds (public), but not including
amusement parks, golf courses or commercial recreation.
44. Railroad tracks (including lead, spur, loading or storage).
45. Recreation facilities (commercial - indoor), athletic or health clubs.
46. Recreation facilities (commercial - indoor), including bowling alleys, skating
rinks, shooting ranges.
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47. Religious facility with an assembly area of less than 750 square feet.
48. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini-vans, recreational vehicles, cargo vans and
certain trucks).
49. Rental of commercial trucks and fleet rentals requiring a commercial
driver's license.
50. Research and development facilities.
51. Restaurants, including:
a. drive-through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
52. Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants,
pets, jewelry, gifts, recreation equipment and sporting goods, and similar items.
53. Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
54. Sales and rental of heavy machinery and equipment subject to landscaping
requirements of the Landscape, Recreation, Recycling/Solid Waste Space
Requirements chapter of this title.
55. Salvage and wrecking operations that are entirely enclosed within a
building.
56. Schools and studios for education or self-improvement.
57. Self-storage facilities.
58. Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this
title.
59. Studios - art, photography, music, voice and dance.
60. Taverns, nightclubs.
61. Telephone exchanges.
62. Theaters, excluding adult entertainment establishments, as defined by this
63. Tow truck operations, subject to all additional State and local regulations.
64. Truck terminals.
65. Warehouse storage and/or wholesale distribution facilities.
66. Other uses not specifically listed in this title, which the Director determines
a. similar in nature to and compatible with other uses permitted outright
within this district;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
code.
to be:
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Section 10. TMC Section 18.50.210 Adopted. TMC Section 18.50.210,
"Marijuana Related Uses," is hereby established to read as follows:
A. The production, processing and retailing of marijuana is and remains illegal
under federal law. Nothing herein or as provided elsewhere in the ordinances of the
City of Tukwila is an authorization to circumvent federal law or provide permission to
any person or entity to violate federal law. Only state-licensed marijuana producers,
marijuana processors, and marijuana retailers may locate in the City of Tukwila and
then only pursuant to a license issued by the State of Washington. The purposes of
these provisions is solely to acknowledge the enactment by Washington voters of
Initiative 502 and a state licensing procedure and to permit, but only to the extent
required by state law, marijuana producers, processors, and retailers to operate in
designated zones of the City.
B. The production, processing, selling, or delivery of marijuana, marijuana-infused
products, or useable marijuana may not be conducted in association with any business
establishment, dwelling unit, or home occupation located in any of the following areas:
Low Density Residential
Medium Density Residential
High Density Residential
Mixed Use Office
Office
Residential Commercial Center
Neighborhood Commercial Center
Regional Commercial
Regional Commercial Mixed Use
Tukwila Urban Center
Commercial/Light Industrial
Light Industrial
Manufacturing Industrial Center/Light
Manufacturing Industrial Center/Heavy
C. Any violation of this section is declared to be a public nuisance per se, and, in
addition to any other remedy provided by law or equity, may be abated by the City
Attorney under the applicable provisions of this code or state law.
Section 11. No Non-conforming Uses. No use that constitutes or purports to be
a marijuana producer, marijuana processor, or marijuana retailer, as those terms are
defined in this ordinance, that was engaged in that activity prior to the enactment of this
ordinance shall be deemed to have been a legally established use under the provisions
of the Tukwila Municipal Code and that use shall not be entitled to claim legal non-
conforming status.
Section 12. Adoption of Findings of Fact. The City Council adopts as its
preliminary findings the recitals set forth above. The City Council may adopt additional
findings in the event that additional evidence is presented to the City Council.
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Section 13. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 14. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 15. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2013.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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