Thurston County Resource Stewardship  

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SNAP SHOT OF INTERIM MARIJUANA REGULATIONS Primary Land Use

Control Building Required Zoning District Lot Size Zoning

Setbacks Fencing &

LandscapingPublic

NotificationSetbacks from Sensitive

Sites Approval Process /

Developments Standards

Int. Ord. No. (Enacted)

14944 (Nov. 12, 2013)

No Producer/Processors - Agriculture, Industrial

Retail - Commercial

1 acre 25’ from lot line 300’ between Retailers

No No County Assumes Responsibility for state required 1,000’ setback from: Schools, Libraries, Playgrounds, Recreational Facilities, Arcades (Under 21 years)

Site Plan Review - Industrial

Administrative Special Use Permit - All others

14978 (Jan. 21, 2014)

No Producer/Processors = Added to Rural Res. Ind.

Retail - Added to Rural Res. Ind.

Clarification that 1 acre could include adjacent parcel.

Existing structures exempt from 25’ setback

No No Further clarification 1,000’ from locations and activities frequented by minors

Added “General” and “Specific” development standards.

Reduced application fees, simplified review process.

15086 (Oct. 28, 2014) Renewed the interim regulations for a period of six months.

15122 (April 7, 2015) Renewed the interim regulations for a period of six months.

15157 (July 7, 2016)

No Producer / Processors = Removed from Long Term and Nisqually Agriculture, and Lacey Agriculture

Retail – No Change

Increased to more than 5 acres

Increased from 25’ to 100’

No No No Change No Change

15189 (Oct. 6, 2015) Restricted new retail outlets to Urban Growth Areas.

15210 (Nov. 10, 2015)

Any production area not fully enclosed in a permanent structure is considered an outdoor operation.

Producer/Processors = Removed from all rural residential zoning districts.

Retail - Commercial

Increased to 40 Acres

Outdoor - 500’ Indoor – 100’

Yes - Attractive Materials, Trees + Shrubs, No Razor Wire (Including expansions)

Yes - Within 500’ of property line for outdoor grows; or, parcels less than 10 acres

No Change Added SEPA review to all new structures over 8,000 square feet

LCB LICENSE REQUIREMENTS

State Requirement No 8’ high chain

link fencing with opaque slats.

1,000’ (Except for Schools and Playgrounds, may be reduced to 100’)

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Comparison of Interim Zoning Ordinances

LAND USE CONTROL

ORDINANCE NO. 15210

(November 10, 2015)

ORDINANCE NO. 15157

(July 7, 2015)

SPACE FOR COMMENTS

Rural County – Chapter 20.63 TCC

Building Required

A marijuana production area not located in a legally permitted fully enclosed permanent building shall be considered an outdoor marijuana production area. Hoop houses and other temporary structures are not considered a legally permitted permanent building. Marijuana production may include growing, drying, cutting, and bagging marijuana to prepare marijuana for wholesale shipment to a marijuana processor.

Zoning District producers and processors are permitted in non- residential zoning districts: a. Planned Industrial Park District (PI) b. Light Industrial District (LI) c. Rural Resource Industrial District (RRI) d. Rural Commercial Center District (RCC)

Retailers are permitted in non- residential zoning districts: a. Rural Commercial Center District (RCC) b. Arterial Commercial District (AC) c. Highway Commercial District (HC) d. Rural Resource Industrial District (RRI)

Producers are permitted in:

a. Long Term Agriculture District (LTA) b. Nisqually Agriculture District NA c. Rural Residential One per Five Acres RR 1 d. Rural Residential Resource One Unit five Acres RRR 1 5 e. Rural One Dwelling Unit Twenty Acres R 1/20 f. Rural One Dwelling Unit per Ten Acres R 1 10 g Urban Reserve One Dwelling Unit per Five Acres h. Residential LAMIRD One Dwelling Unit per Two Acres RL 1/2 i. McAllister Geologically Sensitive Area District MGSA Producers and processors are permitted in nonresidential zoning districts: a Planned Industrial Park District (PI) b Light Industrial District (LI) c Rural Resource Industrial District (RR) d Rural Commercial Center District (RCC) Processors are permitted in the following residential zoning districts as a home

occupation or home based industry: a Long Term Agriculture District (LTA) b Nisqually Agriculture District (NA) c. Rural Residential One Unit per Five Acres (RR 1/5) d. Rural Residential Resource One Unit per five Acres (RRR 1/5) e. Rural One Dwelling Unit per Twenty Acres R (1/20) f. Rural One Dwelling Unit per Ten Acres (R 1/10) g. Urban Reserve One Dwelling Unit per Five Acres h. Residential LAMIRD One Dwelling Unit per Two Acres (RL 1/2) Retailers are permitted in the following nonresidential zoning districts:

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a. Rural Commercial Center District (RCC) b. Arterial Commercial District (AC) c. Highway Commercial District (HC) d. Rural Resource Industrial District (RRI)

Lot Size Outdoor marijuana production areas in any zoning district shall only be allowed on legal lots equal to or greater than 40 acres.

(Otherwise, Marijuana producers, processors and retailers shall be subject to the development standards of the underlying zoning district)

producers in residential zoning districts shall only be allowed on legal lots greater than five acres or larger or where there are adjacent lots under the same ownership totaling greater than five acres or larger Marijuana producers, processors and retailers shall be subject to the development standards of the underlying zoning district.

Zoning Set Back

Outdoor marijuana in any zoning district shall have a minimum setback of five hundred (500) feet from each adjacent property line. Marijuana producers and processors in the Planned Industrial Park District, Light Industrial District, Rural Resource Industrial District and Rural Commercial Center District shall have a minimum setback of one hundred (100) feet from a residential zoning district boundary. Marijuana retailers shall be separated by a minimum of 300 feet.

Producers and processors in the Planned Industrial Park, Light Industrial, Rural Resource Industrial, Rural Commercial Center, and Residential Districts; including home based businesses shall have a minimum setback of twenty five 25 one hundred 100 feet from adjacent property lines. Marijuana retailers shall be separated by a minimum of 300 feet.

Fencing and Landscape Screening

Outdoor marijuana production areas in any zoning district shall be located within the confines of an opaque wall or fence, or:

wood; decorative concrete block (CMU) walls; Minimum height of eight (8) feet.

The following fencing materials are prohibited:

Chain- link, chain- link with slats, or open wire fencing Razor wire or barbed wire; Corrugated metal; Bright colored plastic Untextured or unfinished concrete block (CMU) walls.

Screening is required for:

New; Expansion of existing uses; or Buildings and placement of new uses in existing buildings.

Screening shall consist of:

evergreen trees or shrubs spaced a minimum of 10- feet on center with a minimum height of six (6) feet at planting;

Trees or shrubs shall have a minimum height of fifteen (15) feet at full growth.

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Public Notification Required

A notice of application shall be sent to property owners within five hundred (500) feet of: Outdoor production areas (40 acres); or Producers and processors located on a legal lot ten (10) acres or less.

Set Backs from Sensitive Sites

No marijuana producer, processor or retailer shall locate within 1000 feet of:

Arcades catering to minors Child Care Facilities Playground Public Parks Public Libraries Public Transit Centers Recreational Centers Schools

(The distance shall be measured in a straight line from property line to property line.)

No marijuana producer, processor or retailer shall locate within 1000 feet of:

Arcades catering to minors Child Care Facilities Playground Public Parks Public Libraries Public Transit Centers Recreational Centers Schools

(The distance shall be measured in a straight line from property line to property line.)

Prohibited Activity

No marijuana producer, processor or retailer shall be permitted within a residence or within a structure physically attached to a residence.

No marijuana producer, processor or retailer shall emit excessive odors detectable off-site related to the marijuana operation.

No marijuana producer, processor or retailer shall be permitted within a residence or within a structure physically attached to a residence.

No marijuana producer, processor or retailer shall emit excessive odors detectable off-site related to the marijuana operation.

Approval Process

Producers and processors shall be subject to site plan review whether or not a building permit is

Retailers shall be subject to the approval process for a site plan review.

(Presubmission conference is required in all cases.)

Producers in residential zoning districts shall be subject to administrative special use review to ensure the proposed production operation maintains a rural character.

SEPA The following types of construction shall be exempt, except when undertaken wholly or partly on lands covered by water: G. The construction of a building for marijuana production (producer), processing (processor), or retail with eight thousand square feet of gross floor area.

City of Lacey UGA – Chapter 21.103 TCC

Building Required

A marijuana production area not located in a legally permitted fully enclosed permanent building shall be considered an outdoor marijuana production area. Hoop houses and other temporary structures are not considered a legally permitted permanent building. Marijuana production may include growing, drying, cutting, and

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bagging marijuana to prepare marijuana for wholesale shipment to a marijuana processor.

Zoning District producers and processors are permitted in: 1. Light Industrial/ Commercial District 2. Light Industrial District 3. Business Park District Marijuana retailers are permitted in: 1. Mixed Use Moderate Density Corridor District 2. Mixed Use High Density Corridor District 3. Central Business District 4. Community Commercial District 5. Hawks Prairie Business District 6. Light Industrial/ Commercial District 7. Light Industrial District 8. Business Park District

Marijuana producing, processing and retailing shall be subject to the development standards where permitted in the zoning districts specified in section 21. 103. 040, in addition to the requirements of this chapter.

Producers shall be permitted in: 1. McAllister Springs Geologically Sensitive Area Residential District 2. Agricultural District 3. Low Density Residential District 0-4 4. Low Density Residential District 3-6 5. Moderate Density Residential District MDR Processing shall be permitted in: 1. Light Industrial Commercial District 2. Light Industrial District 3. Business Park District Retailers shall be permitted in: 1. Mixed Use Moderate Density Corridor District 2. Mixed Use High Density Corridor District 3. Central Business District 4. Community Commercial District 5. Hawks Prairie Business District 6. Light Industrial Commercial District 7. Light Industrial District 8. Business Park District

Marijuana production shall be subject to the development standards for agricultural uses in the residential zoning districts specified in section 21.103.040 in addition to the requirements of this chapter.

Marijuana processing and retailing shall be subject to the development standards where permitted in the zoning districts specified in section 21.103.040 in addition to the requirements of this chapter.

Lot Size The location of marijuana producers in commercial and industrial zoning districts shall have a minimum legal lot size of one (1) acre, or where there are adjacent lots under the same ownership, a combined minimum total of one (1) acre.

The location for marijuana producers in residential zoning districts shall have a minimum legal lot size greater than five 5 acres or where there are adjacent lots under the same ownership a combined minimum total greater than five 5 acres. The location for marijuana producers in commercial and industrial zoning districts shall have a minimum legal lot size of one (1) acre or where there are adjacent lots under the same ownership a combined minimum total of one (1) acre.

Zoning Set Back

Marijuana producers and processors in commercial and Industrial Zoned District shall have a minimum setback of one hundred (100) feet from a residential zoning district boundary. Existing permitted marijuana operations are exempt from this setback. Expansion within the setback is not permitted. The setback applies to all

Marijuana producers and processors in commercial and Industrial Zoned District shall have a minimum setback of one hundred (100) feet from a residential zoning district boundary. Existing permitted marijuana operations are exempt from this setback. Expansion within the setback is not permitted. The setback applies to all

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operations associated with the production of Marijuana except for access driveways.

Marijuana producers in residential zoning districts shall have a minimum setback of one hundred (100) feet from a residential zoning district boundary. Existing permitted marijuana operations are exempt from this setback. Expansion within the setback is not permitted. The setback applies to all operations associated with the production of Marijuana except for access driveways.

operations associated with the production of Marijuana except for access driveways.

Marijuana producers in residential zoning districts shall have a minimum setback of one hundred (100) feet from a residential zoning district boundary. Existing permitted marijuana operations are exempt from this setback. Expansion within the setback is not permitted. The setback applies to all operations associated with the production of Marijuana except for access driveways.

Fencing and Landscape Screening

Outdoor marijuana production areas in any zoning district shall be located within the confines of an opaque wall or fence, or:

wood; decorative concrete block (CMU) walls; Minimum height of eight ( 8) feet.

The following fencing materials are prohibited:

Chain- link, chain- link with slats, or open wire fencing Razor wire or barbed wire; Corrugated metal; Bright colored plastic Untextured or unfinished concrete block (CMU) walls.

Screening is required for:

New; Expansion of existing uses; or Buildings and placement of new uses in existing buildings.

Screening shall consist of:

evergreen trees or shrubs spaced a minimum of 10- feet on center with a minimum height of six (6) feet at planting;

Trees or shrubs shall have a minimum height of fifteen (15) feet at full growth.

Public Notification Required

A notice of application shall be sent to property owners within five hundred (500) feet of marijuana producers that will have an outdoor marijuana production area. The notification distance shall be measured from the outermost property line included in the application.

Set Backs from Sensitive Sites

No marijuana producer, processor or retailer shall locate within 1000 feet of:

Arcades catering to minors Child Care Facilities Playground

No marijuana producer, processor or retailer shall locate within 1000 feet of:

Arcades catering to minors Child Care Facilities Playground

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Public Parks Public Libraries Public Transit Centers Recreational Centers Schools

(The distance shall be measured in a straight line from property line to property line.)

Public Parks Public Libraries Public Transit Centers Recreational Centers Schools

(The distance shall be measured in a straight line from property line to property line.)

Prohibited Activity

No marijuana producer, processor or retailer shall be permitted within a residence or within a structure physically attached to a residence.

No marijuana producer, processor or retailer shall emit excessive odors detectable off-site related to the marijuana operation.

No marijuana producer, processor or retailer shall be permitted within a residence or within a structure physically attached to a residence.

No marijuana producer, processor or retailer shall emit excessive odors detectable off-site related to the marijuana operation.

Approval Process

Marijuana producers, processors and retailers permitted in the zoning district specified in section 21. 103. 040 shall follow the approval process for a site plan review as described in 21. 84 whether or not a building permit is required.

City of Tumwater UGA – Chapter 22.65 TCC

Building Required

A marijuana production area not located in a legally permitted fully enclosed permanent building shall be considered an outdoor marijuana production area. Hoop houses and other temporary structures are not considered a legally permitted permanent building. Marijuana production may include growing, drying, cutting, and bagging marijuana to prepare marijuana for wholesale shipment to a marijuana processor.

Zoning District producers and processors are permitted in:

a. Light Industrial Zone District (LI) Marijuana retailers are permitted in:

a. General Commercial (GC) b. Light Industrial Zone District (LI)

Lot Size Marijuana producers, processors and retailers shall be subject to the development standards of the underlying zoning district

Marijuana producers, processors and retailers shall be subject to the development standards of the underlying zoning district

Zoning Set Back

Marijuana producers or processors shall have a minimum setback of one hundred (100) feet from a residential zoning district boundary. Existing structures with existing permitted marijuana operations are exempt from this setback. Expansion within the setback is not permitted. The setback applies to all operations associated with the production of marijuana except for access driveways.

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Fencing and Landscape Screening

Outdoor marijuana production areas in any zoning district shall be located within the confines of an opaque wall or fence, or:

wood; decorative concrete block (CMU) walls; Minimum height of eight ( 8) feet.

The following fencing materials are prohibited:

Chain- link, chain- link with slats, or open wire fencing Razor wire or barbed wire; Corrugated metal; Bright colored plastic Untextured or unfinished concrete block (CMU) walls.

Screening is required for:

New; Expansion of existing uses; or Buildings and placement of new uses in existing buildings.

Screening shall consist of:

evergreen trees or shrubs spaced a minimum of 10- feet on center with a minimum height of six (6) feet at planting;

Trees or shrubs shall have a minimum height of fifteen (15) feet at full growth.

Public Notification Required

A notice of application shall be sent to property owners within five hundred (500) feet of marijuana producers that will have an outdoor marijuana production area. The notification distance shall be measured from the outermost property line included in the application.

Set Backs from Sensitive Sites

No marijuana producer, processor or retailer shall locate within 1000 feet of:

Arcades catering to minors Child Care Facilities Playground Public Parks Public Libraries Public Transit Centers Recreational Centers Schools

(The distance shall be measured in a straight line from property line to property line.)

No marijuana producer, processor or retailer shall locate within 1000 feet of:

Arcades catering to minors Child Care Facilities Playground Public Parks Public Libraries Public Transit Centers Recreational Centers Schools

(The distance shall be measured in a straight line from property line to property line.)

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Prohibited Activity

No marijuana producer, processor or retailer shall be permitted within a residence or within a structure physically attached to a residence.

No marijuana producer, processor or retailer shall emit excessive odors detectable off-site related to the marijuana operation.

No marijuana producer, processor or retailer shall be permitted within a residence or within a structure physically attached to a residence.

No marijuana producer, processor or retailer shall emit excessive odors detectable off-site related to the marijuana operation.

Approval Process

Marijuana producers, processors and retailers permitted in any zone district listed in 22. 65.040 shall follow the approval process for a site plan review as described in 22.59 whether or not a building permit is required.

City of Olympia UGA– Chapter 23.91 TCC

Building Required

Marijuana production, processing, and retailing shall occur entirely within a permanent enclosed structure with a roof.

Marijuana production, processing, and retailing shall occur entirely within a permanent enclosed structure with a roof.

Zoning District Producers, processors, and retailers are permitted in the Light Industrial/ Commercial ( LI/C)

Producers, processors, and retailers are permitted in the Light Industrial/ Commercial ( LI/C)

Lot Size Marijuana producers, processors and retailers shall be subject to the development standards of the underlying zoning district.

Marijuana producers, processors and retailers shall be subject to the development standards of the underlying zoning district.

Zoning Set Back

Marijuana producers and processors in the Planned Industrial Park District, Light Industrial District, Rural Resource Industrial District and Rural Commercial Center District shall have a minimum setback of one hundred (100) feet from a residential zoning district boundary. Marijuana retailers shall be separated by a minimum of 300 feet.

Marijuana producers and processors in the Planned Industrial Park District, Light Industrial District, Rural Resource Industrial District and Rural Commercial Center District shall have a minimum setback of one hundred (100) feet from a residential zoning district boundary.

Fencing and Landscape Screening

Outdoor marijuana production areas in any zoning district shall be located within the confines of an opaque wall or fence, or:

wood; decorative concrete block (CMU) walls; Minimum height of eight (8) feet.

The following fencing materials are prohibited:

Chain- link, chain- link with slats, or open wire fencing Razor wire or barbed wire; Corrugated metal; Bright colored plastic Untextured or unfinished concrete block (CMU) walls.

Screening is required for:

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New; Expansion of existing uses; or Buildings and placement of new uses in existing buildings.

Screening shall consist of:

evergreen trees or shrubs spaced a minimum of 10- feet on center with a minimum height of six (6) feet at planting;

Trees or shrubs shall have a minimum height of fifteen (15) feet at full growth.

Public Notification Required

A notice of application shall be sent to property owners within five hundred (500) feet of marijuana producers that will have an outdoor marijuana production area. The notification distance shall be measured from the outermost property line included in the application.

Set Backs from Sensitive Sites

No marijuana producer, processor or retailer shall locate within 1000 feet of:

Arcades catering to minors Child Care Facilities Playground Public Parks Public Libraries Public Transit Centers Recreational Centers Schools

(The distance shall be measured in a straight line from property line to property line.)

No marijuana producer, processor or retailer shall locate within 1000 feet of:

Arcades catering to minors Child Care Facilities Playground Public Parks Public Libraries Public Transit Centers Recreational Centers Schools

(The distance shall be measured in a straight line from property line to property line.)

Prohibited Activity

No marijuana producer, processor or retailer shall be permitted within a residence or within a structure physically attached to a residence.

No marijuana producer, processor or retailer shall emit excessive odors detectable off-site related to the marijuana operation.

No marijuana producer, processor or retailer shall be permitted within a residence or within a structure physically attached to a residence.

No marijuana producer, processor or retailer shall emit excessive odors detectable off-site related to the marijuana operation.

Approval Process

Marijuana producers, processors and retailers permitted in the Light Industrial/Commercial zoning district shall follow the approval process for a site plan review as described in 23.60 whether or not a building permit is required