§ 22.65.050. Development standards.

A.

Marijuana production, processing, and retailing shall be subject to the development standards of the applicable zoning district and all other local and state laws, in addition to the requirements of this chapter.

B.

No marijuana producer, processor or retailer shall locate within one thousand feet of those entities listed in WAC 314-55-050(10), as amended, or such other entities, as determined by the resource stewardship director, where persons under twenty-one years of age are invited routinely to congregate for activities or events, and of future school sites owned by a school district and for which construction of a school within six years has been approved by the school district. The distance shall be measured in a straight line from property line to property line at the closest point.

C.

No marijuana producer, processor or retailer shall be permitted within a residence or within a structure physically attached to a residence.

D.

Marijuana producers or processors shall have a minimum setback of one hundred feet from a residential zoning district boundary. Existing structures with existing permitted marijuana operations are exempt from this setback. Expansion within the setback is not permitted. The setback applies to all operations associated with the production of marijuana except for access driveways, on-site sewage systems, wells, stormwater facilities, and other associated utilities. Noise producing equipment such as generators or other mechanical equipment shall not encroach into the setback.

E.

No marijuana producer, processor, or retailer shall emit excessive odors detectable off-site related to the marijuana operation.

F.

Outdoor marijuana production areas in any zoning district shall be located within the confines of an opaque wall or fence, except for access driveways and parking areas. The wall or fence shall be constructed using wood, decorative concrete block (CMU) walls, or a combination of both. The fence or wall shall have a minimum height of eight feet. When the boundary abuts a manmade barrier or natural barrier (e.g., a legally permitted building or hillside) that provides a substantial barrier between the production area and the adjacent property or right-of-way with a minimum height of eight feet, fencing is not required. The following fencing materials are prohibited:

1.

Chain-link, chain-link with slats, or open wire fencing (except as temporary construction fencing) shall be prohibited;

2.

Razor wire or barbed wire;

3.

Corrugated metal;

4.

Bright colored plastic;

5.

Untextured or unfinished concrete block (CMU) walls.

G.

In addition to other requirements in this section, any portion except access driveways, on-site sewage systems, wells, stormwater facilities, and other associated utilities of a marijuana production and processing operation or facility located adjacent to a residential zoning district or that is visible from a right-of-way or adjacent residential property shall be screened. Noise producing equipment such as generators or other mechanical equipment shall be screened from residential uses. Screening is required for new, expansion of existing uses or buildings and placement of new uses in existing buildings. Screening shall consist of evergreen trees or shrubs spaced a minimum of ten feet on center with a minimum height of six feet at planting. Trees or shrubs shall have a minimum height of fifteen feet at full growth. Alternative planting plans that achieve the same effect may be allowed subject to approval by the director.

(Ord. No. 15724 , §§ 1, 2(Att. C), 12-11-2018)