Ordinance 3486-16 - Laserfiche WebLink

9. Washington courts have upheld the rights of municipalities to ban or exclude recreational marijuana land uses within their local land use regulations. 10. The existing marijuana retail stores in Everett will be permitted by the State Liquor and Cannabis Board to provide marijuana to medical marijuana patients. Whereas,the City Council concludes that: 1. The City Council held a public hearing on the Ordinance on March 16, 2016. 2. Cities have the right to either ban or to establish limits on the number of marijuana stores in their municipal limits. NOW,THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: FINDINGS OF FACT. The "WHEREAS' provisions above shall constitute Findings of Fact and are incorporated by reference as if fully set forth herein. Section 2: Section 2.0 of Ordinance No. 3443-15, which reads as follows: C. Retailers: Marijuana retailers may operate in the City pursuant to the following restrictions: 1. Marijuana retailers must comply with all requirements of state law, Washington State Liquor Control Board and the City; 2. Marijuana retailers may locate only within the 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); 5. Marijuana retailers may not locate within 1,000 feet of any parcel containing an elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older; 6. Marijuana retailers may not locate within 2,500 feet of any other legally established marijuana retailer; 7. Customer parking for marijuana retailers must be on the public street side of the structure in which the marijuana retailer is located and may not be off of or adjacent to an alley. However, staff parking and business deliveries may occur on the alley side of the structure; 2