HomeMy WebLinkAboutOrdinance 2016-003 Amending Sections 20.08.010 and Table 20.40.010-1 of the Arlington Municipal Code to amend local restrictions on the production and processing of marijuana ORDINANCE NO. - 2016-003
AN ORDINANCE RELATING TO LAND USE AND ZONING; AMENDING
SECTIONS 20.08.010 AND TABLE 20.40.010-1 OF THE ARLINGTON
MUNICIPAL CODE TO AMEND LOCAL RESTRICTIONS ON THE
PRODUCTION AND PROCESSING OF MARIJUANA
WHEREAS, Initiative Measure No. 502 ("1-502") was passed by the voters of the
State of Washington in November, 2012, providing a framework under which marijuana
producers, processors, and retailers (collectively "marijuana businesses") can become
licensed by the Washington State Liquor C a n n a b i s Board ("LCB"), codified in Chapter
69.50 RCW; and
WHEREAS, this ordinance does not address the legality of the conduct associated
with the production, processing, and retailing of marijuana and should not be construed as
approval or waiver of such uses as it relates to other applicable county, state, or federal
laws; and
WHEREAS, the State Liquor Cannabis Board will not consider local zoning
regulations in deciding whether to issue licenses for marijuana business, but marijuana
business are required to comply with local zoning requirements; and
WHEREAS, the City Council finds that a legitimate governmental interest exists
in the regulation of the locations of such facilities in the City of Arlington and to require
all such facilities to obtain a City of Arlington business license; and
WHEREAS, the City wishes to amend its regulations in light of experience in
dealing with regulation of marijuana producers, processors and retailers; and
WHEREAS, the Arlington Planning Commission ("Planning Commission") met to
discuss revisions to the zoning ordinance and held a public hearing on January 21, 2016 and
thereafter recommended passage of the ordinance to the City Council; and
WHEREAS,the City Council was briefed on the issue and on February 1, 2016,
the City Council considered public comments and the entire record related to the proposal
contained in this ordinance; and
WHEREAS, following the public hearing, the City Council deliberated on the
code amendments contained in this ordinance;
NOW, THEREFORE,the City Council of the City of Arlington,
Washington, do ordain as follows:
Section 1. Arlington Municipal Code Section 20.08.010 (Definition of basic terms),
ORDINANCE NO. 2016-003 1
shall be and hereby is amended by deleting the definitions of"cannabis collective garden",
"cannabis dispensary" and"plant canopy".
Section 2. Arlington Municipal Code Section 20.40.010 (Table of Permissible
Uses) is amended by deleting footnote 27.
Section 3. Severability. Should any section, paragraph, sentence, clause, or
phrase of this ordinance be held invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause, or phrase of this ordinance;provided,
however, that if any section, sentence, clause, or phrase of this ordinance, is held to be invalid
by a court of competent jurisdiction, or by the Growth Management Hearings Board, then
the section, sentence, clause, phrase, or land use designation in effect prior to the effective
date of this ordinance, shall be in full force and effect for that invalidated section, sentence,
clause, phrase, or land use designation, as if this ordinance had never been adopted.
Section 4. Effective Date. A summary of this Ordinance consisting of its
title shall be published in the official newspaper of the City, and shall take effect and be
in full force five (5) days of the date of publication.
Section 5. Copy to Commerce Department. Pursuant to RCW
36.70A.106(3), the City Clerk is directed to send a copy of this ordinance to the State
Department of Commerce for its files within ten (10) days after adoption of this
o rdinance.
PASSED BY THE CITY COUNCIL AT A REGULAR MEETING
THEREOF ON THE 2nd DAY OF FEBRUARY, 2016.
CITY OF ARLINGTON:
iI
Barbara Tolbert, Mayor
ATTEST:
KrisM Ban field, City Clerk
APPROVED AS TO FORM:
St ffle, City Attorney
ORDINANCE NO. 2016-003 2
CERTIFICATION OF ORDINANCE
I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2016-
003 was approved at the February 1, 2016 City Council meeting.
ORDINANCE NO. 2016-003
"AN ORDINANCE RELATING TO LAND USE AND ZONING;
AMENDING SECTIONS 20.08.010 AND TABLE 20.40.010-1 OF THE
ARLINGTON MUNICIPAL CODE TO AMEND LOCAL RESTRICTIONS
ON THE PRODUCTION AND PROCESSING OF MARIJUANA"
A true and correct copy of the original ordinance is attached.
Dated this 2nd day of February, 2016.
Kristih,Banfield
City Clerk for the City of Arlington
SUMMARY OF ORDINANCE ADOPTION
You are hereby notified that on February 1, 2016, the City Council of the City of
Arlington, Washington, did adopt Ordinance No. 2016-003 entitled,
"AN ORDINANCE RELATING TO LAND USE AND ZONING;
AMENDING SECTIONS 20.08.010 AND TABLE 20.40.010-1 OF THE
ARLINGTON MUNICIPAL CODE TO AMEND LOCAL RESTRICTIONS
ON THE PRODUCTION AND PROCESSING OF MARIJUANA"
This ordinance is effective five days from passage and publication, except as otherwise
specified in the ordinance.
The full text of the ordinance is available to interested persons and will be mailed upon
request.
Kristin Banfield
City Clerk
City of Arlington