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4. Marijuana producers and marijuana processors may not locate within one thousand feet of any
<br /> parcel containing an elementary or secondary school, playground, recreation center or facility, child care
<br /> center, public park, public transit center, or library, or any game arcade to which admission to which is
<br /> not restricted to persons aged twenty-one years or older;
<br /> 5. Tier 2 and Tier 3 marijuana producers and/or processors may not operate or locate in the city; and
<br /> 6. There shall be a minimum separation of one thousand feet between production and/or processing
<br /> uses, measured as the shortest distance between the boundaries of the lot upon which each use is
<br /> located.
<br /> Section 71. Section 2 of Ordinance 3443-15, as amended (Zoning, General Provisions, EMC
<br /> 19.39.145.C), is amended to read as follows:
<br /> 19.39.145 Recreational marijuana zoning regulations.
<br /> C. Retailers. Marijuana retailers may operate in the city pursuant to the following restrictions:
<br /> 1. Marijuana retailers must comply with all requirements of state law, Washington State Liquor and
<br /> Cannabis Board and the city;
<br /> 2. Marijuana retailers may locate only within the B-2, B 3, BMU, C-1, C-1R, C-2, E-1, E-1MUO,
<br /> ULlLand UM zones;
<br /> 3. Marijuana retailers may not locate in neighborhood business (B-1) zones;
<br /> 4. Marijuana retailers may not locate in a building in which nonconforming retail uses have been
<br /> established in residential zones (R-S, R-1, R-1(A), R-2, R-2(A), R-3, R-3(L), R-4,as -R-5, and UR zones);
<br /> 5. Marijuana retailers may not locate within one thousand feet of any parcel containing an elementary
<br /> or secondary school, playground, recreation center or facility, child care center, public park, public
<br /> transit center, or library, or any game arcade admission to which is not restricted to persons aged
<br /> twenty-one years or older;
<br /> 6. Marijuana retailers may not locate within two thousand five hundred feet of any other legally
<br /> established marijuana retailer;
<br /> 7. Customer parking for marijuana retailers must be on the public street side of the structure in which
<br /> the marijuana retailer is located and may not be off of or adjacent to an alley. However, staff parking
<br /> and business deliveries may occur on the alley side of the structure;
<br /> 8. Vehicular access to the parking lot for a marijuana retailer shall be from the public street frontage
<br /> and may not be from an alley. Any property located on a street from which vehicular access to the site
<br /> from the street is prohibited by the city engineer shall not be allowed for use as a marijuana retailer;
<br /> 9. Marijuana retailers shall not be allowed on any parcel containing a residential use;
<br /> 10. Marijuana retailers shall not be allowed on any parcel that is contiguous to a parcel containing
<br /> residential use, unless the planning director, using Review Process II as described in Title 15, finds the
<br /> following:
<br /> a. There is a physical separation between the two uses, such as another commercial building, or a
<br /> substantial change in topography;
<br /> b. The retail use is located in a shopping center as one of multiple tenants with adequate parking for
<br /> all uses and access as stated above;
<br /> c. The building in which the retail use is located faces the commercial street and the residential use
<br /> faces a residential street in the opposite direction, without a shared alley between the two;
<br /> d. The residential use is located at least one hundred feet from the common lot line between the two
<br /> uses;
<br /> 11. In reviewing a proposed marijuana retailer under this section, the planning director shall have the
<br /> authority to require improvements including, but not limited to, fencing or landscaping to screen the
<br /> retail use from the residential use;
<br /> EMC Titles 2,3,8, 13,16, 18, 19,20 and 46 Consistency Amendments(Metro Everett) Page 49 of 53 8/29/18
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