ORD 312 MARIJUANA ZONING

ORD 312 MARIJUANA ZONING

Ordinance #312
AN ORDINANCE RELATING TO LAND USE AND ZONING; CREATING A NEW SECTION TO THE HAMILTON MUNICIPAL CODE TO ESTABLISH LOCAL RESTRICTIONS ON LAND USE AND ZONING PERTAINING TO THE PRODUCTION, PROCESSING, SELLING OF RECREATIONAL MARIUANA AND REPEALING THE MORATORIUM ESTABLISHED BY ORDINANCES #302 and 304.
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 Control Board, codified in Chapter 69.50 RCW; and
WHEREAS, this ordinance does not address the legality of 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 Control Board will not consider local zoning regulations in deciding whether to issue licenses for marijuana businesses, but marijuana businesses are required to comply with local zoning requirements; and
WHEREAS, the State Liquor Control Board will issue one marijuana retailer license within the Town, but a virtually unlimited number of marijuana producer licenses, and a virtually unlimited number of marijuana processor licenses such that the Town cannot know the number of potential marijuana businesses that will locate within the Town; and
WHEREAS, the Town finds that a legitimate governmental interest exists in the regulation of the locations of such facilities in the Town of Hamilton and to require all such facilities to obtain a Town of Hamilton business license; and
WHEREAS, marijuana facilities operating under I-502 are not currently addressed in the Hamilton Municipal Code (“HMC”); 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 Town Council wishes to reduce the risk of confusion and code enforcement issues by adopting zoning regulations that provide clarity on where marijuana businesses may locate in the Town of Hamilton; and