HomeMy WebLinkAboutOrdinance No. 0911WHEREAS, municipalities have authority to enact ordinances in furtherance of public
safety, morals, health, and welfare pursuant to Article X1, Section 11 of the Washington State
Constitution; and
WHEREAS, in 2011, the Washington legislature adopted Senate Engrossed Sub stiti
Bill (ESSB) 5073, which amended the Washington State Medical Use of Cannabis Act (M UC
and
"WHEREAS, in 2011, the Washington governor vetoed a number of sections of ESS
5073; and
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Ordinance No. 911 Page 1 of 5
WHEREAS, the City Council finds that ESSB 5073 and Initiative 502 do not preempt th,.
City of Medina from exercising and administering its constitutional and statutory land use
regulatory authority to either allow and regulate land uses within the city limits, or to prohibit and
ban such uses; and
WHEREAS� the City Council finds and determines that the prohibition of medic
marijuana collective gardens and recreational marijuana production, processing and retail il
facilities would protect public safety; morals, health and welfare;
WHEREAS, pursuant to RCW 36.70A,106(3)(b), a notice of intent to adopt w
transmitted to the Washington State Department of Commerce on August 18, 2014, requesti
Expedited Review, which was granted on August 18, 2014 (material ID# 20511); and I
WHEREAS, the Planning Commission reviewed the code amendments at their Augui
12 ' 2014, meeting and after considering the proposal, voted to recommend the city coun
adopt the code amendments; and
WHEREAS, after providing notice, the City Council held a public hearing on October 13,
2014, to receive public testimony concerning the proposed code amendment and voted' t#
?.pprove adopting the code amendments; and
WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of Non -
significance (DNS) for the proposed code amendment was issued on September 25, 20141
pursuant to WAC 197-11-340(1); and
11AEREAS, the City Council adopts the foregoing recitals as findings of fact in support
of this ordinance,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Amend Section 20.12.020. Section 20.12,020, "A" definitions, of the Medina
Municipal Code is hereby amended to read as follows:
H. "Agriculture" means the use of land for agricultural purposes including any one or more of
farming, apiculture, horticulture, and floriculture, and viticulture, but excluding the raising of
animals and the farming of marijuana regardless of whether farmed for medicinal or
recreational purposes,
Section 2. Amend Section 20.12.140, Section 20.12,140, "M" definitions, of the
Medina Municipal Code is hereby amended to read as follows:
A. "Manufactured home" means a single4amily dwelling required to be built in accordance with
regulations adopted under the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.Ci 5401 et seq.).
B. "Mari'uana related business" includes the following:
1. "Collective gardens" means the same as described in RCW 69.51A,085 and
amendments thereto:
Ordinance No. 911 Page 2 of 5
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M31M WOMMA
Section 3. Amend Section 20.21.030. Section 20.21,030, Use Table, of the Medina
Municipal Code is hereby amended to read as fbllows
Table 20.21.030 establishes those uses which are permitted, those uses subject to specific
develo ment standard--,
each zoning district.
(D
(D
0
0
Uses
0
N
0
N
0
N
N
,�
0
N
N
C?
W
Z
.0
(n
a.
Residential Uses
Accessqa_Rwellin Units
P
P
P
P
P
P
AccessoaEecreational Facilities..
A
A
A
A
A
A
AccessorY
L
L
L
L
AccessooL_gses _ On -site
p
P
P
—P
P
P
Accesso!y Uses — Off -site
L
L
L
L
L
_L
Adult Family Home
L
L
L
L
L
L
Detached, Sin le-famil Dwellin
P
15--p
—P
P,
P
Tamila Care Home
L
L
L
L
L
L
Manufactured Home
L
L
L
L
L
L
Non-residential Uses
Automobile Service Station
Automobile Mechanical Repair
L
Commercial Horticulture/ Truck Gardening/
Agriculture, excluding the raising of animals and
L
mari'uana related businesses
Ordinance No, 911 Page 3 of 5
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Section 4. Amend 20-31.010. Section 20.31,010, Home business, of the Medina
Municipal Code is hereby amended to read as follows:
•
Section 5. Amend 20.31.050, Section 20-31 .050, Commercial horticulture, truck
gardening, and agriculture uses, of the Medina Municipal code is hereby amended to read as
follows:
This section establishes the development criteria that apply to commercial horticulture, trucH
gardening and agriculture uses, including accessory uses,
A. Structures may include, but are not limited to such uses as hot houses, greenhouses,
storage sheds, heating plants, and similar accessory uses associated with horticulture, truck
gardening, and agriculture uses.
B. Agriculture uses shall exclude the raising of animals and the farming of madidana,
Ordinance No. 911 Page 4 of 5
C. Commercial horticulture, truck gardening, and agriculture uses shall exclude manLuana
related businesses.
Any retail sales activity arising out of the commercial horticulture, truck gardening and
agriculture uses shall be limited to the sale of products, in season, grown upon the property.
Section 6. No Nonconforming Uses, No use that constitutes or purports to be a
medical marijuana collective garden, marijuana producer, mar'Uuana processor, or marijuana
retailer that was engaged in that activity prior to the enactment of this ordinance shall be
deemed to have been a legally established use under the provisions of the Medina Municipal
Code and that use shall not be entitled to claim legal nonconforming status.
Section 7. Severability, Should any section, paragraph, sentence, clause or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or
federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining
portions of this ordinance or its application to other persons or circumstances -
Section 8. Effective Date. A summary of this ordinance shall be published in the offic
newspaper of the City, and the ordinance shall take effect and be in full force five (5) days after tj
date • publication.
ADOPTED BY THE CITY COUNCIL AT
DAY • OCTOBER 2014,
Approved' as to form:
Bari Sand, City Attorney
Kenyon Disend, PLLC
Aimee Kellerman, City Clerk
0
Ordinance No, 911 Page 5 of 5