Ordinance 19-011 Marijuana Transporter Uses CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO, 19-011
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING AMENDMENTS TO SPOKANE VALLEY MUNICIPAL
CODE APPENDIX A, SPOKANE VALLEY MUNICIPAL CODE SECTION 19.60.050, AND
CHAPTER 19.85 OF THE SPOKANE VALLEY MUNICIPAL CODE TO UPDATE
DEFINITIONS AND ALLOW LICENSED MARIJUANA TRANSPORTER USES, 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 etseq; and
WHEREAS, on November 6,2012, voters of the State of Washington approved Initiative Measure No.
502 (1.502), now codified in various chapters of the RCW, including chapters 69.50, 46.04, 46.20, 46.21, and
46.61 RCW, which provisions, (1) decriminalized possession and use of certain amounts of marijuana and
marijuana paraphernalia; (2) amended state laws pertaining to driving under the influence of intoxicants to
include driving under the influence of marijuana; and (3) established a regulatory system licensing producers,
processors, and retailers of recreational marijuana for adults 21 years of age and older, and provide for the
Washington State Liquor and Cannabis Board ("WSLCB") to adopt rules governing licensed marijuana uses;
and
WHEREAS, the City has adopted chapter 19.85 of the Spokane Valley Municipal Code ("SVMC"),
which provides comprehensive regulations governing licensed marijuana uses within the City, but which
prohibits marijuana transporter uses; and
WHEREAS, the State has adopted RCW 69.50382 and .385, and the WSLCB has adopted WAC 314-
55-310 to authorize and regulate licensed marijuana transporters to transport marijuana and marijuana products
between licensed marijuana producers,processors, retailers, and researchers; and
WHEREAS, the City Council desires to allow licensed marijuana transporter uses as provided in the
proposed amendments; and
WHEREAS, on April 17, 2019, the Washington State Department of Commerce was notified pursuant
to RCW 36.70A.106, providing a 60-day notice of intent to adopt amendments to Spokane Valley development
regulations; and
WHEREAS, on May 3, 2019, and May 10, 2019, notice of the Planning Commission public hearing
was published in the Valley News Herald; and
WHEREAS, on May 23, 2019, the Planning Commission held a public hearing, received evidence,
information, public testimony, and a staff report followed by deliberations, and provided a recommendation to
approve the proposed amendments; and
WHEREAS, on June 24,2019,the City Council reviewed the proposed amendments; and
WHEREAS, on July 9, 2019, the City Council considered a fast ordinance reading to adopt the
proposed amendments; and
Ordinance 19-011 Page 1 of 7
WHEREAS, on July 23, 2019, City Council considered a second ordinance reading to adopt the
proposed amendments; and
WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's
Comprehensive Plan; and
WHEREAS, the amendments below bear a substantial relation to the public health, safety, and welfare
and protection of the environment.
NOW, THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Findings and Conclusions. The City Council acknowledges that the Planning
Commission conducted appropriate investigation and study, held a public hearing on the proposed
amendments and recommends approval of the amendments. The City Council has read and considered the
Planning Commission's findings. The City Council hereby makes and adopts the following findings and
conclusions:
A. Growth Management Act Policies — The Washington State Growth Management Act (GMA)
provides that each city shall adopt a comprehensive land use plan and development regulations that are
consistent with and implement the comprehensive plan.
B. Compliance with Spokane Valley Municipal Code(SVMC) 17.80.150(F):
I. The proposed amendments are consistent with the following applicable provisions of the
Comprehensive Plan:
ED-Gl: Support economic opportunities and employment growth for Spokane Valley.
ED-G6: Maintain a positive business climate that strives for flexibility,predictability, and
stability.
ED-P2: Identify and encourage business and employment growth in new and innovative
industries and occupations.
LU-G1: Maintain and enhance the character and quality of life in Spokane Valley.
LU-P5: Ensure compatibility between adjacent residential and commercial or industrial
uses.
LU-P9: Provide supportive regulations for new and innovative development types on
commercial, industrial, and mixed-use land.
LU-P 1 0: Ensure that freight-intensive operations have convenient access to designated
truck routes and intermodal terminals.
2. The proposed amendments bear a substantial relation to the public health, safety, welfare,
and protection of the environment as follows:
The proposed amendments will allow compliance with state law and allow state-
licensed marijuana transport businesses to locate within Spokane Valley while
separating such uses from identified sensitive uses and the City's existing and
future residential uses. Further, the amendment will allow transportation
businesses near transportation infrastructure.
Ordinance 19-011 Page 2 of 7
Section 2. Amendment. Appendix A of the SVMC is hereby amended with the following
additions and amendments,to be added alphabetically:
APPENDIX A
DEFINITIONS
A. General Provisions.
1.For the purpose of this Code, certain words and terms are herein defined. The word "shall"
is always mandatory. The word "may" is permissive, subject to the judgment of the person
administering the Code.
2. Words not defined herein shall be construed as defined in Webster's New Collegiate
Dictionary.
3. The present tense includes the future, and the future the present.
4. The singular number includes the plural and the plural the singular.
5. Use of male designations shall also include female.
B. Definitions.
Manufacturing, petroleum and coal products: The manufacture of asphalt paving, roofing and coating and
petroleum refining. See"Industrial, heavy use category."
Marijuana club or lounge: A club, association, or other business, for profit or otherwise, that conducts or
maintains a premises for the primary or incidental purpose of providing a location where members or other
persons may keep or consume marijuana on the premises, whether licensed by the Washington State Liquor
and Cannabis Board or not, or such other similar use pursuant to RCW 69.50.465, as now adopted or hereafter
amended.
Marijuana cooperative: A marijuana cooperative formed pursuant to chapter 69.51A RCW, as now adopted
or hereafter amended. A marijuana cooperative is comprised of up to four qualifying patients or designated
providers and formed for the purposes of sharing responsibility for acquiring and supplying the resources, and
producing and processing marijuana for the medical use of the members of the marijuana cooperative.
Marijuana processing: Processing marijuana into usable marijuana, marijuana-infused products, and
marijuana concentrates; packaging and labeling usable marijuana, marijuana-infused products, and marijuana
concentrates for sale in retail outlets; and sale of usable marijuana, marijuana-infused products, and marijuana
concentrates at wholesale by a marijuana processor licensed by the State Liquor Control and Cannabis Board
and pursuant to Chapter 69.50 RCW and rules promulgated thereunder, as now adopted or hereafter amended.
Marijuana production: Production and sale of marijuana at wholesale by a marijuana producer licensed by
the State Liquor Control and Cannabis Board and pursuant to Chapter 69.50 RCW and rules promulgated
thereunder, as now adopted or hereafter amended.
Marijuana sales: Selling usable marijuana,marijuana-infused products, and marijuana concentrates in a retail
outlet by a marijuana retailer licensed by the State Liquor Control and Cannabis Board, along with any
applicable other use allowed as part of the marijuana sales pursuant to an endorsement associated with
marijuana retail including, but not limited to, marijuana sales with a medical endorsement, operation of a
marijuana club or lounge pursuant to an endorsement, or delivery of marijuana that may require an
endorsement, all as provided pursuant to Chapter 69.50 RCW and rules promulgated thereunder, as now
adopted or hereafter amended.
Ordinance 1 9-0 1 1 Page 3 of 7
Marijuana sales with medical endorsement: Marijuana sales and medical marijuana sales by a marijuana
retailer licensed by the Washington State Liquor and Cannabis Board that has been issued a medical marijuana
endorsement pursuant to Chapter 69.50 RCW and rules promulgated thereunder, as now adopted or hereafter
amended.
Marijuana transporter: A common carrier engaged in marijuana-related transportation or delivery services
licensed for such marijuana-related transportation or delivery, all as provided pursuant to chapter 69.50 RCW
and rules promulgated thereunder, as now adopted or hereafter amended. Marijuana transporters shall only
include common carriers providing marijuana-related transportation services between licensed marijuana
producers, marijuana processors, marijuana researchers, and marijuana retailers and shall not include any
residential delivery or delivery to end-users.
Marijuana uses, category: Marijuana uses conducted in compliance with state law, including but not limited
to Chapters 69.50 and 69.51A RCW and rules promulgated thereunder, as now adopted or hereafter amended.
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. See"Retail sales and services,use category."
***
Section 3. Amendment. SVMC 19.60.050 is hereby amended with the following additions:
19.60.050 Permitted uses matrix.
Parks and
Residential Mixed Use Commercial Industrial Open Space
R-1 R-2 R-3 MICR MU CMU NC RC IMI7 I POS
Lodging
Bed and breakfast P P P P P
Hotelfmotel P P P P S
Recreational vehicle park/campground S
Marijuana Uses
Marijuana club or lounge
Marijuana cooperative
Marijuana processing S S
Marijuana production
Marijuana sales S S S
Marijuana transporter S S S
Medical S P P P P P
Section 4. Amendment. Chapter 19.85 SVMC is hereby amended as follows:
Chapter 19.85
MARIJUANA USES
Ordinance 19-011 Page 4 of 7
19.85.010 Marijuana production standards.
A. Marijuana production shall be located or maintained at least 1,000 feet from the nearest property line,
measured from the nearest property line of the marijuana production facility to the nearest property line of any
one or more of the following uses:
1. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A;
2. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12 RCW;
3. Vacant or undeveloped parcels leased or owned by the City; provided the following shall be excluded
from consideration under SVMC 19.85.010:
a. Any stormwater facility or right-of-way parcels owned or leased by the City and designated or
identified as a stormwater facility or right-of-way in any document, plan, or program adopted by the
council; and
b. The Appleway Trail; or
4. a. Any facility or building designated or identified in any document, plan, or program adopted by the
Council as "Spokane Valley City Hall" or other similar term that identifies such facilities or buildings as
the City's primary administrative and legislative location; or
b. CenterPlace.
B. Marijuana production in the RC zone shall only be permitted indoors.
19.85.020 Marijuana processing standards.
A. Marijuana processing shall be located or maintained at least 1,000 feet from the nearest property line,
measured from the nearest property line of the marijuana processing facility to the nearest property line of any
one or more of the following uses:
1. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A;
2. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12 RCW;
3. Vacant or undeveloped parcels leased or owned by the City; provided the following shall be excluded
from consideration under SVMC 19.85.020:
a. Any stormwater facility or right-of-way parcels owned or leased by the City and designated or
identified as a stormwater facility or right-of-way in any document, plan, or program adopted by the
City; and
b. The Appleway Trail; or
4. a. Any facility or building designated or identified in any document, plan, or program adopted by the
City as "Spokane Valley City Hall" or other similar term that identifies such facilities or buildings as the
City's primary administrative and legislative location; or
b. CenterPlace.
13. Marijuana processing in the RC zone shall be limited to packaging and labeling of usable marijuana.
19.85.030 Marijuana retail sales standards.
A.New marijuana sales shall not be permitted within any zoning districts.
B. Marijuana sales uses in existence and in continuous and lawful operation prior to July 27, 2016, shall not be
deemed nonconforming and shall be permitted as a legal use subject to the following: marijuana sales shall be
Ordinance 19-011 Page 5 of 7
located or maintained at least 1,000 feet from the nearest property line,measured from the nearest property line
of the marijuana sales facility to the nearest property line of any one or more of the following uses:
1. Centennial Trail;
2. Appleway Trail;
3. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A;
4. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12 RCW;
5. Vacant or undeveloped parcels leased or owned by the City; provided any stormwater facility or right-
of-way parcels owned or leased by the City and designated or identified as a stormwater facility or right-
of-way in any document, plan, or program adopted by the council shall be excluded from consideration
under SVMC 19.85.030; or
6. a. Any facility or building designated or identified in any document, plan, or program adopted by the
council as "Spokane Valley City Hall" or other similar term that identifies such facilities or buildings as
the City's primary administrative and legislative location; or
b. CenterPlace.
19.85.040 Marijuana transporter standards.
A. Marijuana transporter uses shall be located or maintained at least 1,000 feet from the nearest property line,
measured from the nearest property line of the marijuana transporter facility to the nearest property line of any
one or more of the following uses:
1. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A;
2. Vacant or undeveloped parcels owned by public library districts as established in chapter 27.12 RCW;
3. Vacant or undeveloped parcels leased or owned by the City; provided the following shall be excluded
from consideration under SVMC 19.85.040:
a. Any stormwater facility or right-of-way parcels owned or leased by the City and designated or
identified as a stormwater facility or right-of-way in any document, plan, or program adopted by the
City; and
b. The Appleway Trail; or
4. a. Any facility or building designated or identified in any document, plan, or program adopted by the
City as "Spokane Valley City Hall" or other similar term that identifies such facilities or buildings as the
City's primary administrative and legislative location; or
b. CenterPlace.
B. Marijuana transporter uses in the RC zone shall include a lockable enclosure for any vehicles used for
marijuana-related transport. Such enclosure shall be subject to applicable setback, transitional, and screening
requirements.
19.85.050 Other licensed or registered marijuana uses prohibited.
Marijuana production, marijuana processing, existing marijuana sales, and marijuana transporters shall be
permitted pursuant to SVMC 19.85.010, 19.85.020, 19.85.030, and 19.85.040. All other commercial and
noncommercial licensed or registered marijuana uses are prohibited within all zoning districts of the City. This
prohibition includes, but is not limited to, marijuana clubs or lounges and marijuana cooperatives. This
prohibition does not apply to home growing or processing of marijuana by qualified patients or designated
providers in residential zoning districts as set forth in SVMC 19.85.060 and in compliance with state law.
Ordinance 19-01 1 Page 6 of 7
19.85.060 Marijuana production and processing in residential zones.
Washington state law authorizes qualified patients and designated providers to produce marijuana and to
process marijuana in dwellings, residences, domiciles, and similar housing units under limited circumstances
and with limited processing methods. Subject to applicable federal, state, and local laws, any owner, lessor, or
leasing agent may request or require disclosure of a renter or lessee's desire to produce or process marijuana
within a rented or leased dwelling unit. In addition to compliance with any applicable state or federal laws and
regulations, lawful production or processing of marijuana by any person in a dwelling, residence, domicile, or
other similar housing unit shall be subject to all locally applicable land use, development, zoning, and building
regulation requirements including, but not limited to, all applicable requirements set forth in SVMC Titles 17
through 24 as the same are now adopted or hereafter amended, and the following regulations:
A. Any home production or processing of marijuana by any person pursuant to state law shall not be permitted
outside of the dwelling or accessory structure;
B. Any home production or processing of marijuana by any person or allowed by state law in a dwelling or
accessory structure shall be enclosed, blocked, or sight-screened from the public right-of-way and from
adjacent properties so that no portion may be readily seen by normal unaided vision or readily smelled from
such locations. Accessory structures shall be permanent structures enclosed by a roof and walls on all sides and
connected to a permanent foundation. For purposes of SVMC 19.85.060, accessory structures shall not include
cargo containers, recreational vehicles, or other similar types of structures. Accessory structures shall be
completely opaque in addition to necessary site-screening;
C. Home processing of marijuana shall not involve any combustible method and shall comply with all federal,
state, and local laws and rules, including all standards adopted by the Washington State Liquor and Cannabis
Board; and
D. Production or processing of marijuana by any person pursuant to state law in a dwelling or accessory
structure shall only be allowed in the R-1,R-2, and R-3 zones.
Section 5. 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 6. 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 7. 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 23`d day of July, 2019.
-Hr
ATT S �
imom
L.R. Higgins,May•
1 "moi
ristine Bainbridge, City Clerk n
Date of Publication: e 'off -c O"
Approved to Form: Effective Date: '9 - 1-d.1
Office of he City Attorney
Ordinance 19-011 Page 7 of 7