2013/08/14 Council Agenda Packet

Section 2. Interim Regulations A. The terms"marijuana,""marijuana processor," "marijuana producer,"and"marijuana retailer"shall have the meaning set forth in RCW 69.50.101. B. Marijuana producers and marijuana processors may operate in the City of Everett pursuant to the following restrictions: 1. Marijuana producers and marijuana processors must comply with all requirements of state law and the Washington State Liquor Control Board's regulations; 2. Marijuana producers and marijuana processors may locate only within the A-1, M-1, M-2,M-M, and C-2 zones; • 3. Marijuana processors located in the A-1 zone may process only marijuana grown on-site; and 4. Marijuana producers and marijuana processors may not locate within 1,000 feet of any parcel zoned as residential(R-S,R-1,R-1(A),R-2,R-2(A),R-3,R-3(L),R-4, and R-5 zones). C. Marijuana retailers may operate in the City of Everett pursuant to the following restrictions: 1. Marijuana retailers must comply with all requirements of state law and the Washington State Liquor Control Board's regulations; 2. Marijuana retailers may locate only in zones where indoor retail is an allowed use (B-2, B-3,BMU, C-1, C-1R,C-2, E-1,E-1MUO, and M-2 zones); 3. Marijuana retailers may not locate in Neighborhood Business(B-1)zones; 4. Marijuana retailers may not locate in a building in which non-conforming retail uses have been established in residential zones(R-S,R-1, R-1(A),R-2,R 2(A),R-3,R-3(L),R- 4, and R-5 zones); and 5. Marijuana retailers may not locate within 2,500 feet of any other legally established marijuana retailer. D. Distances provided under this Ordinance shall be measured as the shortest distance between the perimeters of the parcels at issue. E. For the purposes of the 2,500 foot setback between marijuana retailers,marijuana retailers shall be considered to be legally established in the order in which they are issued a license from the Washington State Liquor Control Board. In the event that the Washington State Liquor Control Board issues two or more marijuana retailer licenses at the same time for locations that otherwise satisfy the requirements of this Ordinance but are located within 2,500 feet of each other,the City will request the application materials of each marijuana retailer and the City of Everett Planning Director,under Review Process II (Article III, Chapter 15.16, EMC), will determine which marijuana retailer is permitted to operate within the City, considering the best interests of the City with respect to location, operation,and anticipated impact on the public health, safety, and welfare. Page 3 of 5 12