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Home My WebLink AboutCAP 2013-08-12 Item 2A - Ordinance - Zoning Code Amendments Relating to Recreational Marijuana�J�.rlltq hqs City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Director DCD BY: Stacy MacGregor, Assistant Planner DATE: July 30, 2013 SUBJECT: Establishment of Marijuana Processing, Producing and Retailing as permitted uses in Tukwila Municipal Code, Title 18 Zoning. ISSUE Should the City establish zoning regulations for recreational marijuana producers, processors, and retailers? This does not impact the possession and use of recreational marijuana and does not impact the moratorium in effect related to medical marijuana collective gardens and dispensaries. BACKGROUND In the fall of 2012, the Washington voters passed Initiative 502 (1 -502), legalizing the recreational use of marijuana and directing the Washington State Liquor Control board (LCB) to regulate recreational marijuana producers, processers and retailers (see Attachment A). On July 3rd, 2013, the Liquor Control Board released proposed rules regarding the implementation of 1 -502. The rules are scheduled for adoption on August 14, 2013 and are set to go into effect on September 14th. Before the rules take effect, the WSLCB will determine a "maximum number of retail outlets that may be licensed in each county ". There will not be a cap on producer and processor licenses. The WSLCB will begin accepting applications for all three license types during a 30 -day window beginning on September 14. The LCB is expected to begin issuing licenses on December 1, 2013. 1 -502 is silent regarding medical marijuana and is generally viewed as creating a separate licensing process for recreational marijuana. The Washington State Legislature has adopted a budget for 2014 with language that calls for the Liquor Control Board to work with the Department of Health and Department of Revenue to develop recommendations regarding the interaction of medical marijuana regulations and the provisions of Initiative 502. The City of Tukwila's moratorium on medical marijuana is scheduled for renewal with the expectation that new rules will be adopted by the state legislature during the 2014 legislative session at which time the City will have updated state regulations to review and address. 1 INFORMATIONAL MEMO Page 2 The Federal Government's Controlled Substances Act (CSA) still prohibits the possession and distribution of marijuana for any purpose. Staff briefed Community Affairs and Parks Committee on July 8, 2013, regarding a moratorium on recreational marijuana uses and a zoning code amendment to allow recreational marijuana uses in certain zones. On July 22, the Council approved staff's request to draft a zoning code amendment to allow recreational marijuana uses in certain zones in the City. As an interim step, the Council adopted a moratorium on recreational marijuana processors, producers, and retailers on August 5, 2013. The Planning Commission was briefed and recommended the proposed zoning code amendment (option C that follows) permitting recreational marijuana uses in the TVS and HI zones. DISCUSSION What is the City's role in the state process? Initiative 502 was supported by 55.49% of Washington voters and 57% of Tukwila voters. In only one out of Tukwila's 18 voting precinct did the "No" votes exceed the "Yes" votes and then only by 3 out of 253 votes. Under the proposed rules, a local jurisdiction will be notified when a license application is filed with the LCB and the city will have 20 days to file written objections. The LCB's siting criteria will prohibit recreational marijuana commercial uses generally within 1,000 feet of schools, parks, recreation centers, transit centers, libraries, game arcades and child care centers. The map attached shows that this requirement will substantially limit production, processing, and retailing to the north and south sides of the City. City staff has been told by staff at the Association of Washington Cities that the WSLCB will not issue licenses for uses within residential zones (see Attachment B). However, 1 -502 does not provide this siting restriction and nothing in the draft rules imposes this restriction. Further, the City of Tukwila's home occupation definition would not restrict recreational marijuana uses as home occupations. See Attachment C for a map showing the 1,000 foot separation imposed by the WSLCB. State law allows the City to adopt and enforce zoning requirements, business licensing requirements, health and safety requirements, and business taxes as exercises of the City's police powers. A local ordinance cannot preempt a state law to outright prohibit a use and the state statute may not preempt a local ordinance if the statute and the ordinance are not in conflict. Existing regulations provide basic protections against the location of incompatible uses but the increased production, processing, selling, or delivery of marijuana likely to be spurred by the new State regulations may create additional impacts. Experience in other jurisdictions with medical marijuana dispensaries indicates that businesses containing usable marijuana or marijuana- infused products may have greater security issues compared with the other businesses. The production and possible processing of marijuana can create off -site odors and growing marijuana indoors can have significant electricity needs. Residents and businesses may be concerned that marijuana - related businesses can negatively impact neighborhood character due to messaging on signs and the potential for robberies. What are the City's options? A. Do nothing. The City could decide not to adopt any regulations related to recreational marijuana. This would mean that on September 14, 2013, applicants could apply to the 2 INFORMATIONAL MEMO Page 3 WSLCB for a license to produce, process, and sell recreational marijuana at locations throughout the City. While the 1,000 foot setback from schools, parks, libraries, etc. would still apply, marijuana retailers could locate in any zone in which retail uses are allowed (MUO, RCC, NCC, RC, RCM, TUC C /LI, LI, HI, MIC/L1, MIC /H, and TVS zones). Processors could locate where manufacturing, processing and /or packaging of pharmaceuticals and related products, such as cosmetics and drugs are an allowed use (NCC2, RC, RCM, TUC, C /LI, LI, HI, MIC /L, MIC /H, and TVS zones). Producers may be allowed as greenhouses and nurseries (RCC, NCC, RC, RCM, TUC, CL/I0, LI, and HI) or farming and farm - related activities (TVS zone). Additionally, these uses could occur in residential zones subject to the home occupation requirements which do not regulate use. B. Prohibit The City could prohibit (either on an interim or permanent basis) recreational marijuana uses from locating within the City. On July 22, 2013, the City Council held a public hearing on a moratorium prohibiting recreational marijuana uses within the City of Tukwila. If adopted, this six month moratorium is intended to prevent recreational marijuana uses from becoming legally vested while the City adopts permanent development regulations. The moratorium is temporary but the WSLCB has indicated that local moratoria will not be recognized in their licensing decisions. As stated above, state law does not allow a local jurisdiction to prohibit a use and an attempt at prohibition would likely be legally challenged. C. Regulate. If the City wants to regulate marijuana -uses, its primary tool would be through zoning regulations3. An amendment to the zoning code could allow recreational marijuana -uses only in certain zones in the city and /or subject to certain location standards. The maps attached show the locations that marijuana uses would be restricted by the WSLCB and the areas that remain for potential marijuana uses (Attachments C and D). Aside from a few isolated pockets, marijuana uses can generally be located in the north and the south ends of the city. Marijuana uses have potential impacts that need to be considered. Sites require increased security; production and possibly processing may also require increased ventilation and electricity use on indoor sites and perimeter fencing on outdoor sites. Off -site odors are an issue and building transparency requirements under design review may conflict with security needs. Clustering 1 Subject to additional, zone - specific regulations. 2 Subject to additional, zone - specific regulations. 3. Under the TMC, all businesses in the City are required to obtain a business license. Any business license application for a recreational marijuana use would be denied for being in "violation of any local, state, or federal law, rule or regulations prohibiting that conduct of that type of business." (TMC 5.04.110). While some other cities are attempting to limit all recreational marijuana business uses via their business license code, a review of state law and consultation with the City Attorney clarifies that a city cannot require a business license for marijuana uses. State Law grants cities the authority to require a business license in order to do business in that city. However, state law also prevents a city from requiring a business license if a license is required from the state. Recreational marijuana uses that have a license from the WSLCB would not be required to obtain a business license from the City of Tukwila and the City of Tukwila could not issue a business license to any applicant for marijuana use because those uses are in violation of Federal Law. 3 INFORMATIONAL MEMO Page 4 marijuana uses in one area allows these impacts to be consolidated; off -site impacts could be limited. The north end of the City, where marijuana uses could be allowed, is generally Manufacturing /Industrial Center -Heavy with an area of Light Industrial, Commercial -Light Industrial, and Manufacturing /Industrial Center - Light. The Countywide Planning Policies and the Tukwila Comprehensive Plan have polices in place to preserve this area for manufacturing and industrial uses making marijuana uses inappropriate in this area. The south end of the City has Tukwila Urban Center, Heavy Industrial, Mixed -Use Office and Tukwila Valley South zoning available for marijuana uses. The City is in the process of amending and adopting a new sub -area plan that will address uses and design standards in the Tukwila Urban Center zone. The Tukwila Valley South zone would allow indoor or outdoor production, and zoning currently supports both retail and processing uses. The Heavy Industrial zone currently would support all uses aside from outdoor grows (farming). Attachment E shows locations in the HI and TVS were recreational marijuana uses would be permitted. Only state - licensed recreational marijuana facilities should be allowed as a permitted use. This proposal would not alter Federal or State criminal law related to marijuana, and it would not place any City employee or official in the position of permitting or sanctioning any marijuana - related activity. Rather, it would be an exercise of the City's authority to protect the public health, safety, and welfare by preventing incompatible uses —in this instance, marijuana - related activity and businesses - -in areas where such activity could cause inappropriate off -site impacts. What does staff recommend? Staff's recommendation is to regulate marijuana uses as outlined in Option C above. This would allow for marijuana retailing, production and processing to be added as permitted uses in the Tukwila Valley South and the Heavy Industrial zones but restrict the area where marijuana uses can occur to areas where the potential impacts are minimized. Marijuana -uses would be prohibited in all other zones in the City. Marijuana -uses would be subject to state licensing requirements and would regulate in concert with state law while not authorizing or giving permission to circumvent or violate federal law. Next Steps The Community Affairs and Parks Committee is being asked to review the draft zoning code amendment and make a recommendation to the full City Council to be considered at the August 26 Committee of the Whole meeting and to conduct a public hearing and also at the subsequent September 3 Regular Meeting for adoption. ATTACHMENTS A. Liquor Control Board 1 -502 Fact Sheet B. AWC I- 502 Fact Sheet C. Map: Location Restrictions Imposed by 1 -502 D. Map: Zones where uses would be permitted E. Map: Where marijuana uses would be permitted under the proposed ordinance F. Draft Zoning Code Amendment 4 1Washington State Liquor Control Board Fact Sheet Initiative 502's impact on the Washington State Liquor Control Board Summary Initiative 502 would license and regulate marijuana production, distribution, and possession for persons over 21; remove state -law criminal and civil penalties for activities that it authorizes. Tax marijuana sales and earmark marijuana - related revenues. The new tightly regulated and licensed system would be similar to those used to control alcohol. Licenses and Fees Creates an application process that mirrors the liquor license application process Creates three new marijuana licenses: producer, processor, and retailer. The fee for each license is a $250 application fee and $1000 annual renewal fee. • Marijuana Producer: produces marijuana for sale at wholesale to marijuana processors and allows for production, possession, delivery, distribution. • Marijuana Processor: processes, packages, and labels marijuana /marijuana infused product for sale at wholesale to marijuana retailers and allows for processing, packaging, possession, delivery, distribution. • Marijuana Retailer: allows for sale of useable marijuana /marijuana infused products at retail outlets regulated by the WSLCB. The initiative allows the WSLCB to charge fees for anything done to implement/enforce the act. For example, fees could be charged on sampling, testing, and labeling that would be the cost of doing business as a licensee Marijuana Taxes The initiative creates three new excise taxes to be collected by the WSLCB: • Excise tax equal to 25% of the selling price on each sale between licensed producer and licensed processor. Paid by the producer. • Excise tax equal to 25% of the selling price on each sale of usable marijuana /marijuana infused product from a licensed processor to a licensed retailer. Paid by the processor. • Excise tax equal to 25% of the selling price on each licensed retail sale of usable marijuana /marijuana infused product. Paid by the retailer. This tax is in addition to any /all applicable general, state, and local sales and use taxes, and is part of the total retail price. • All funds from marijuana excise taxes are deposited in the Dedicated Marijuana Fund. Disbursements from the Dedicated Marijuana Fund shall be on authorization of the WSLCB or a duly authorized representative. Initiative 502 allows for the WSLCB to enact rules that establish procedures and criteria for: • The equipment, management and inspection of production, processing, and retail outlets. • Books and records maintained by licensed premises. • Methods of producing, processing and packaging of marijuana /marijuana infused products, to include conditions of sanitation. Attachment A 5 • Standards of ingredients, quality, and identity of marijuana /marijuana infused products produced, processed and sold by licensees. • Security requirements for retail outlets and premises where marijuana is produced and processed. Retail Outlets Specific number of retail outlets and licenses will be determined by the WSLCB in consultation with the Office of Financial Management taking into account population, security and safety issues, and discouraging illegal markets. The initiative also caps retail licenses by county. • Retail outlets may not employ anyone under the age of 21, nor allow anyone under the age of 21 to enter the premises. • Retail outlets are only authorized to sell marijuana /marijuana products or paraphernalia. • Retailers are allowed one sign identifying the outlet's business or trade name, not to exceed 1600 square inches. • They are not allowed to display marijuana or marijuana related products in a manner that is visible to the general public. Possession If enacted, individuals twenty -one years of age or older are legally authorized to possess and use marijuana - related paraphernalia and any combination of: • One ounce of useable marijuana; • 16 ounces of marijuana infused product in solid form; or • 72 ounces of marijuana infused product in liquid form. Individuals will still be subject to criminal prosecution for: • Possession in amounts greater than what is listed above. • Possession of any quantity or kind of marijuana /marijuana infused product by a person under 21 years of age. Price The Office of Financial Management places a price estimate of $12 per gram. Medicinal marijuana dispensary prices on average range between $10 and $15 per gram with some premium products exceeding $15 per gram. Based on average retail mark -up practices, estimated producer price is $3 per gram and estimated processor price is $6 per gram. Timeline • November 6, 2012: Public vote on Initiative 502. • December 6, 2012: Initiative 502 goes into effect (30 days after general election). • December 1, 2013: Deadline for the WSLCB to establish the procedures and criteria necessary to implement the initiative. # ## Revised: 11/19/12 6 ASSOCIATION OF WASHINGTON 1m„rE 1-502: Marijuana Initiative Washington State voters passed Initiative 502 on election night, legalizing marijuana use. What does the initiative do? The initiative legalizes marijuana use for persons over 21. Private stores, producers and processors are allowed to be licensed to sell marijuana and marijuana infused products. The Washington State Liquor Control Board (LCB) is tasked with regulating and taxing marijuana. Portions decriminalizing the possession of marijuana take effect Dec. 6, 2012. Rules regarding licensing and sales are set to occur no later than Dec. 1, 2013. Who can sell marijuana? The initiative provides for licensed retail locations. Marijuana stores can only sell marijuana, marijuana - infused products, and paraphernalia. Stores are allowed to sell to an individual any combination of the following: one ounce of useable marijuana, 16 ounces of marijuana- infused product in solid form, or 72 ounces of marijuana - infused product in liquid form. Stores may not allow on- premises consumption. Stores are prohibited from advertising or showing product visible from outside the store. No one under the age of 21 may enter marijuana stores, and store owners and employees also must be over 21. What are the rules for users? In addition to being over 21, marijuana cannot be opened or consumed in public. The initiative also establishes a presumptive standard for driving under the influence of marijuana- similar to standards for alcohol- but only available as a blood test. How is marijuana going to be regulated? The LCB is tasked with regulating and licensing marijuana producers, processers, and retailers. The maximum number of retailers per county, the maximum amount of marijuana a re- tailer and producer have on premises, how and when marijua- na could be transported, and product labeling requirements become responsibilities of the LCB. Rules about security re- quirements, employee training and supervision, and locations and hours of retail operations are also the LCB's tasks. Cities and counties must be notified of any applications in their jurisdiction and may object under a process similar to liquor license objections. No license can be approved for locations within 1,000 feet of elementary or secondary schools, playgrounds, recreation centers, day cares, parks, transit centers, libraries, and arcades. Will the initiative impose taxes on marijuana? Yes. At each transaction point (producer to processor, processor to retailer, and retailer to consumer) a 25% excise tax would be levied. Local and state sales tax will also be levied on retail sales. The excise taxes are to be placed in a dedicated marijuana fund and are to be primarily distributed to the state's Basic Health Plan, the state general fund, health - related programs, and the LCB for administrative costs. Local governments do not get a share of the excise tax. Does the initiative address medical marijuana? The initiative is silent on medical marijuana. However, 1 -502 may impact medical users as marijuana could be purchased at retail stores. Furthermore, state and local criminal penalties for possession and use are eliminated. And what about federal law? The initiative does not change federal law, and the federal government could continue to arrest marijuana producers, processors, retailers, and users. A,ri C contact 7kF Candice Bock candiceb@awcnet.org org Legislative Et Policy Advocate Brittany Sill, bn tanys@awcnet.org Legislative Et Policy Analyst AWC has not taken a position for or against this ballot initiative. AWC's role is to provide its members with educational materials that can be shared with elected officials, staff and the community. In addition, please review the PDC's guidelines for elected and appointed officials' participation in ballot proposition activity. Attachment B Association of Washington Cities • 1076 Franklin St SE, Olympia,WA 98501 • awcnet.org 8 Raisbeck a Aviation Nigh School na sun Tukwila' Community, " arnele Drive Open Space S Lake' Washing e Elements? Ma edam Wetlands &Winter.- Garden Hazelnut Tukwila :femeritar Tukwila lkawa Park -11 :;.(Japanese Garden vanity 405 ..."Fun Center Tukwila_ Transit ' Station 8'icentenniat'_ der I Amtrak Station 181 Pond . 10.5 0.25 0.5 Miles MI MI S 2(4 d childcare - en e s.mxd Location Restrictions Imposed by 1 -502 Legend Trails Schools Buffer Parks Buffer Family Fun Center (Arcade) Buffet Childcare Centers Buffer Libraries & Transit Stations Buffer oatesavec Attachment C 9 1 0 Lake Washin on 10.5 0.25 0 i — — 181 "I. e n t Path: H Maps\Stacy\Map 4_reviseH childcare conters.mxd Zones where marijuana uses would be permitted Legend White Areas = Locations Restricted by WSLCB LDR Low Density Residential MDR Medium Density Residential HDR High Density Residential MUO Mixed Use Office 0 Office RCC Residential Commercial Center RC Regional Commercial RCM Regional Commercial Mixed Use TUC Tukwila Urban Center CLI Commercial Light Industrial LI Light Industrial HI Heavy Industrial MIC /L Manufacturing Industrial Center/Light Industrial MIC /H Manufacturing Industrial Center /Heavy Industrial NS Tukwila Valley South Date Say Attachment D 11 12 I I. Path H. Maps',Stacy \Map 4_HI &TVS -nxd Where marijuan` uses would be permitted under the proposed ordinance Legend HI Heavy Industrial TVS Tukwila Valley South White Areas = Locations restricted by WSLCB and zones where marijuana uses would not be permitted Date Save Attachment E 13 1 ATTACHMENT F DRAFT 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. Raich, 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; W: \Word Processing \Ordinances\Zoning code amended - marijuana uses strike -thru 8 -2 -13 SM:bjs Page 1 of 13 15 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 August 14, 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 /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 W: \Word Processing \Ordinances\Zoning code amended - marijuana uses strike -thru 8 -2 -13 SM:bjs 16 Page 2 of 13 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: W: \Word Processing \Ordinances\Zoning code amended - marijuana uses strike -thru 8 -2 -13 SM:bjs Page 3 of 13 17 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: W: \Word Processing \Ordinances\Zoning code amended - marijuana uses strike -thru 8 -2 -13 SM:bjs 18 Page 4 of 13 (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 facilities; (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 W: \Word Processing \Ordinances\Zoning code amended - marijuana uses strike -thru 8 -2 -13 SM:bjs Page 5 of 13 19 18. Fix -it, radio or television repair shops /rental shops. 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. W: \Word Processing \Ordinances\Zoning code amended - marijuana uses strike -thru 8 -2 -13 SM:bjs 20 Page 6 of 13 30. Marijuana processor 31. Marijuana producer 32. Marijuana retailer 3033. Medical and dental laboratories. 3134. Mortician and funeral homes. 3235. Motels. 3336. 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 3437. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 3538. Pawnbrokers. 3639. Planned shopping center (mall). 3710. Plumbing shops (no tin work or outside storage). 3841. Railroad tracks (including lead, spur, loading or storage). 3912. Recreation facilities (commercial - indoor), athletic or health clubs. 4043. Religious facility with an assembly area less than 750 square feet. 41114. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). '12 /15. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 4346. Restaurants, including: a. drive - through b. sit down c. cocktail lounges in conjunction with a restaurant. 4447. 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. 4548. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 4649. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 4750. 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. 4851. Salvage and wrecking operations. 4952. Schools and studios for education or self- improvement. W: \Word Processing \Ordinances\Zoning code amended - marijuana uses strike -thru 8 -2 -13 SM:bjs Page 7 of 13 21 5-053. Self- storage facilities. 5154. 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. 5255. 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. 5356. Taverns, nightclubs. 5457. Telephone exchanges. 5558. Theaters, excluding adult entertainment establishments, as defined by this code. 5659. Tow truck operations, subject to all additional State and local regulations. 5760. Truck terminals. 5661. Warehouse storage and /or wholesale distribution facilities. 5962. Other uses not specifically listed in this title, which the Director determines to be: 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 (b) Care centers, preschools, nursery schools or other child care facilities; W: \Word Processing \Ordinances\Zoning code amended - marijuana uses strike -thru 8 -2 -13 SM:bjs 22 Page 8 of 13 (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 18.40.020.1.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. W: \Word Processing \Ordinances\Zoning code amended - marijuana uses strike -thru 8 -2 -13 SM:bjs Page 9 of 13 23 25. Greenhouses or nurseries (commercial). 26. Heavy equipment repair and salvage. 27. Hotels. 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 -3336. Medical and dental laboratories. 3437. Mortician and funeral homes. 3538. Motels. 3639. 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 3710. Pawnbrokers. 3341. Planned shopping center (mall). 3942. Plumbing shops (no tin work or outside storage). 4043. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 41-44. Railroad tracks (including lead, spur, loading or storage). W: \Word Processing \Ordinances\Zoning code amended - marijuana uses strike -thru 8 -2 -13 SM:bjs 24 Page 10 of 13 4245. Recreation facilities (commercial - indoor), athletic or health clubs. 43/16. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 4447. Religious facility with an assembly area of less than 750 square feet. 4548. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 4649. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 4750. Research and development facilities. 4851. Restaurants, including: a. drive - through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 4952. 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. 6953. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 5154. 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. 5255. Salvage and wrecking operations that are entirely enclosed within a building. 6356. Schools and studios for education or self- improvement. 6457. Self- storage facilities. 5558. 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. 6659. Studios - art, photography, music, voice and dance. 5760. Taverns, nightclubs. 5861. Telephone exchanges. 5962. Theaters, excluding adult entertainment establishments, as defined by this code. 6063. Tow truck operations, subject to all additional State and local regulations. 6464. Truck terminals. 6265. Warehouse storage and /or wholesale distribution facilities. 6366. Other uses not specifically listed in this title, which the Director determines to be: 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. W: \Word Processing \Ordinances\Zoning code amended - marijuana uses strike -thru 8 -2 -13 SM:bjs Page 11 of 13 25 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. W: \Word Processing \Ordinances\Zoning code amended - marijuana uses strike -thru 8 -2 -13 SM:bjs 26 Page 12 of 13 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. 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: W: \Word Processing \Ordinances\Zoning code amended - marijuana uses strike -thru 8 -2 -13 SM:bjs Page 13 of 13 27