Ordinance 14-002 Interim Marijuana regs CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 14-002
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING INTERIM DEVELOPMENT AMENDMENTS TO SPOKANE
VALLEY MUNICIPAL CODE APPENDIX A, SPOKANE VALLEY MUNICIPAL CODE
SECTION 19.120.010, AND ADOPTING CHAPTER 19.85 OF THE SPOKANE VALLEY
MUNICIPAL CODE TO ESTABLISH ZONING FOR RECREATIONAL MARIJUANA
USES, TO ESTABLISH INTERIM BUFFER ZONES BETWEEN RECREATIONAL
MARIJUANA PRODUCTION, PROCESSING, AND RETAIL USES AND TRAILS,
SCHOOLS, AND LIBRARY PROPERTIES, AND OTHER MATTERS RELATING
THERETO.
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,voters of the State of Washington approved Initiative Measure No.
502 (I-502), now codified in chapters 69.50, 46.04, 46.20, 46.21, and 46.61 Revised Code of Washington
(RCW), which provisions, (a) decriminalized possession and use of certain amounts of marijuana and
marijuana paraphernalia; (b) amended state laws pertaining to driving under the influence of intoxicants to
include driving under the influence of marijuana; and (c) established a regulatory system licensing producers,
processors, and retailers of recreational marijuana for adults 21 years of age and older, and required the
Washington State Liquor Control Board (the LCB) to adopt procedures and criteria by December 1, 2013 for
issuing licenses to produce, process,and sell marijuana; and
WHEREAS, on August 29, 2013, the United States Department of Justice issued a memo providing
updated guidance on marijuana enforcement in response to the adoption of I-502. Several ongoing federal
enforcement priorities were outlined, including prevention of crime and preventing distribution of marijuana to
minors. Further, the memo provided that the Department would not seek ongoing prosecution of marijuana
providers, users, and local officials in states that authorized marijuana, provided that those state and local
governments "implement strong and effective regulatory and enforcement systems that will address the threat
those state laws could pose to public safety, public health, and other law enforcement interests. A system
adequate to that task must not only contain robust controls and procedures on paper; it must also be effective in
practice;"and
WHEREAS, on October 16, 2013, the LCB adopted rules pertaining to the licensing of marijuana
producers, processors, and retailers, as set forth in chapter 314-55 Washington Administrative Code (WAC);
and
WHEREAS, pursuant to the rules established in chapter 314-55 WAC, the LCB opened a 30-day
application period and is currently processing license applications received for marijuana producer, processor,
and retailer licenses; and
WHEREAS, pursuant to RCW 69.50.331(8) and WAC 314-55-050(10), the LCB is prohibited from
licensing any marijuana producers, processors, and retailers 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,
excluding trails, public transit center, library, or any game arcade admission to which is not restricted to
persons aged twenty-one years or older; and
Ordinance 14-002 Page 1 of 6
WHEREAS, pursuant to Spokane Valley Municipal Code (SVMC) 19.20.050, City staff made an
administrative interpretation and determination based on similar current permitted uses to permit licensed
marijuana producers in light industrial and heavy industrial zones and for indoor-only production in regional
commercial and community commercial zones; and
WHEREAS, pursuant to SVMC 19.20.050, City staff made an administrative determination based on
similar current permitted uses to permit licensed marijuana processors in light industrial and heavy industrial
zones; and
WHEREAS, pursuant to SVMC 19.20.050, City staff made an administrative determination based on
similar current permitted uses to permit licensed marijuana retailers in mixed use center, corridor mixed use,
community commercial, and regional commercial zones; and
WHEREAS, the City Council finds and determines that the Centennial Trail and proposed Appleway
Trail are trails that are and will be regularly used by the citizens of the City, including minors, and adopting the
regulations identified herein will be consistent with the identified federal enforcement priorities and especially
in preventing the distribution of marijuana to minors; and
WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City of Spokane
Valley is authorized to "make and enforce within its limits all such local police, sanitary and other regulations
as are not in conflict with general laws,"which includes the adoption of regulations governing land uses within
the City; and
WHEREAS, on January 16, 2014, the Washington Attorney General issued Attorney General Opinion
No. 2, in which he stated that "[although Initiative 502 (I-502) establishes a licensing and regulatory system
for marijuana producers,processor, and retailers in Washington State, it includes no clear indication that it was
intended to preempt local authority to regulate such businesses. We therefore conclude that 1-502 left in place
the normal powers of local governments to regulate within their jurisdictions;"and
WHEREAS, the City Council finds and determines that I-502 does not preempt the City of Spokane
Valley from exercising and administering its constitutional and statutory land use regulatory authority to allow
and regulate land uses within the City limits; and
WHEREAS, RCW 36.70A.390 provides that "A county or city governing body that adopts a
moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public
hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control,
shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or
interim official control within at least sixty days of its adoption, whether or not the governing body received a
recommendation on the matter from the planning commission or department. If the governing body does not
adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately
after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official
control adopted under this section may be effective for not longer than six months, but may be effective for up
to one year if a work plan is developed for related studies providing such a longer period. A moratorium,
interim zoning map, interim zoning ordinance or interim official control may be renewed for one or more six-
month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal;" and
WHEREAS, interim zoning controls enacted under RCW 35A.63.220 and/or RCW 36.70A.390 are
methods by which local governments may preserve the status quo so that new plans and regulations will not be
rendered moot by intervening development; and
Ordinance 14-002 Page 2 of 6
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a moratorium,
interim zoning map, interim zoning ordinance, or interim official control prior to holding a public hearing; and
WHEREAS, pursuant to WAC 197-11-880, the adoption of this Ordinance is exempt from the
requirements of a threshold determination under the State Environmental Policy Act; and
WHEREAS, the City Council finds that the land use limitations and buffering requirements
established by this Ordinance are necessary for the preservation of the public health, public safety, public
property and public peace.
NOW, THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Findings. The City Council hereby adopts the above recitals as findings of fact in
support of this Ordinance.
Section 2. Amendment. Appendix A of the SVMC is hereby amended with the following
additions,to be added alphabetically:
Manufacturing,petroleum and coal products: The manufacture of asphalt paving,roofing and coating and
petroleum refining.
Marijuana processing: Processing marijuana into useable marijuana and marijuana-infused products,
packaging and labeling useable marijuana and marijuana-infused products for sale in retail outlets,and sale of
useable marijuana, and marijuana-infused products at wholesale by a marijuana processor licensed by the State
liquor control board and in accordance with the provisions of chapter 69.50 RCW, as now adopted or hereafter
amended. See industrial(light), use category.
Marijuana production: Production and sale of marijuana at wholesale by a marijuana producer licensed by
the State liquor control board and in accordance with the provisions of chapter 69.50 RCW, as now adopted or
hereafter amended. See agricultural and animal, use category.
Marijuana sales: Selling useable marijuana and marijuana-infused products in a retail outlet by a marijuana
retailer licensed by the State liquor control board and in accordance with the provisions of chapter 69.50 RCW,
as now adopted or hereafter amended. See retail sales,use category.
Market, outdoor: A temporary or seasonal location where produce and agricultural products including,but
not limited to,pumpkins, Christmas trees and firewood, as well as crafts and other items are offered for sale to
the public.
Section 3. Amendment. SVMC 19.120.010 is hereby amended with the following additions, to
be added alphabetically:
Ordinance 14-002 Page 3 of 6
R-
1
R-
2
R-
3
R-
4
MF-
1
MF-
2
NAICS
Schedule of Permitted Uses
Appendix 19-A
Mixed
Use
Center
Corridor
Mixed
Use
Garden
Office
Office
Neighborhood
Commercial
Community
Commercial
Regional
Commercial
Parks/Open
Space
I-1
Light
End.
1-2
Heavy
Ind.
Reference
Conditions
33995
Sign manufacturing/repair
P
P
32561
Soap and cleaning
compound manufacturing
p
31411
Textile manufacturing
P
P
56292
Tire, recap and retread
manufacturing
p
321
Wood product manufacturing
P
P
Marijuana processing
S
S
S
S
SVMC
19.85
MarBuanaproduction
S
—
S
—
19 85
19.85
Marijuana sales
S
—
S
S
—
S
—
SVMC
19.85
453998
Market,outdoor
P
P
P
P
P
P
621498
Massage therapy
P
P
P
P
p
p
p
3116—
3117
Meat/fish canning,cutting,
curing and smoking
P
P
42345
Medical,dental,and hospital
equipment supply/sales
P
P
P
P
P
6214
Medical/dental clinic
P
P
P
P
P
P
P
621
Medical/dental office
P
P
P
P
P
P
P
332
Metal fabrication
P
P
332
Metal plating
P
Ordinance 14-002
Page 4 of 6
Section 4. Adoption. That SVMC Title 19 be amended by adding a new chapter, to be
designated "19.85"as follows:
19.85.010—Marijuana Production Standards.
A. Marijuana production shall be located or maintained at least 1,000 feet from the nearest property
line of the use listed in subsections(1)through(4) of this section. Distance shall be measured from the nearest
property line of the marijuana production to the nearest property line of the following uses:
1. Centennial Trail;
2. All proposed,contemplated, and constructed multi-use trail and linear park uses on the
Milwaukee Right-of-Way, as identified and contemplated in the Interlocal Agreement between
Spokane County and the City of Spokane Valley, dated June 27, 2012;
3.Vacant or undeveloped parcels owned by public school districts as established in Title 28A
RCW; and
4.Vacant or undeveloped parcels owned by public library districts as established in chapter
27.12 RCW.
B. Marijuana production in the regional commercial and community commercial zones shall only be
permitted indoors.
19.85.020—Marijuana Processing Standards.
Marijuana processing shall be located or maintained at least 1,000 feet from the nearest property line
of the use listed in subsections(A)through (D) of this section.Distance shall be measured from the nearest
property line of the marijuana processing to the nearest property line of the following uses:
A. Centennial Trail;
B. All proposed, contemplated, and constructed multi-use trail and linear park uses on the
Milwaukee Right-of-Way, as identified and contemplated in the Interlocal Agreement between
Spokane County and the City of Spokane Valley, dated June 27,2012;
C.Vacant or undeveloped parcels owned by public school districts as established in Title 28A
RCW; and
D.Vacant or undeveloped parcels owned by public library districts as established in chapter
27.12 RCW.
19.85.030—Marijuana Retail Sales Standards.
Marijuana sales shall be located or maintained at least 1,000 feet from the nearest property line of the
use listed in subsections (A)through(D)of this section. Distance shall be measured from the nearest property
line of the marijuana sales to the nearest property line of the following uses:
A. Centennial Trail;
B.All proposed, contemplated, and constructed multi-use trail and linear park uses on the
Milwaukee Right-of-Way, as identified and contemplated in the Interlocal Agreement between
Spokane County and the City of Spokane Valley, dated June 27,2012;
Ordinance 14-002 Page 5 of 6
C.Vacant or undeveloped parcels owned by public school districts as established in Title 28A
RCW; and
D. Vacant or undeveloped parcels owned by public library districts as established in chapter
27.12 RCW.
Section 5. Public Hearing. Pursuant to RCW 35A.63.220 and 36.70A.390, the City Council shall
conduct a public hearing on March 25,2014.
Section 6. Duration. The interim zoning control set forth in this Ordinance shall be in effect for
six months from the date of this Ordinance, unless subsequently extended or reduced by subsequent action by
the City Council pursuant to state law.
Section 7. Ratification. Any act consistent with the authority set forth herein and prior to the
effective date of this Ordinance is hereby ratified and affirmed.
Section 8. Other sections unchanged. All other provisions of Appendix A and Title 19 SVMC
not specifically referenced hereto shall remain in full force and effect.
Section 9. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held
to be 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.
Section 10. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or summary thereof in the official newspaper of the City of Spokane Valley as
provided by law.
Passed by the City Council this 11th day of February, 2014.
Dean Grafos, Mayor
A E57 .
City Clerk,Christine Bainbridge
Approved as to Form:
Office the City Atorney
r
Date of Publication: gg
Effective Date: Z - /9 - CW
Ordinance 14-002 Page 6 of 6