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Public Hearing on pot ordinance March 13th

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PROPONENT: County of Pacific, Board of County Commissioners, P.O. Box 187, South Bend, WA 98586. Telephone 360/875-9337, 360/642-9337, 360/484-7337 or 360/267-8337.

FORMAL IDENTIFICATION: Pacific County Ordinance No. 162A. An amendment to Ordinance No. 162, adopted December 12, 2012, which established land use zoning regulations within the boundaries of Pacific County. Pacific County Ordinance No. 162A will add provisions to Pacific County Ordinance No. 162 to address Initiative 502 which pertains to the production, processing and selling marijuana. This Ordinance will apply to the unincorporated area of Pacific County.

Section by Section Analysis of Pacific County Ordinance No. 162A

1. Section 1: This Section adds definitions of marijuana retailer, marijuana production, and marijuana processing to Section 2 of Pacific County Ordinance No. 162.

2. Section 2: This Section creates a new Section 24 in Pacific County Ordinance No. 162. Section 24 is titled “Regulations Pertaining to Marijuana Production, Marijuana Processing and Retail Facilities”.

A. INTENT: Subsection 2.A states that the purpose of this Section is to establish land use controls on siting and operating of any structure, activity, or use relating to marijuana production, processing, and retailing associated with recreational marijuana licensed in accordance with Chapter 314-55 WAC and not otherwise prohibited by Chapter 69.50 RCW.

B. MARIJUANA PRODUCTION FACILITY: Subsection 2.B states that a Marijuana

Production Facility shall be allowed as a Conditional Use in the following zoning

districts: Industrial (I), Agricultural (A), Rural Lands (R-L), and Mixed Use (M-U)

zoning districts. A Marijuana Production Facility shall be allowed as a Special Use in the

Tokeland Mixed Use (TMU) zoning district. Marijuana Production Facilities shall be

prohibited in all other zoning districts.

C. MARIJUANA PROCESSING FACILITY: Subsection 2.C states that a Marijuana

Processing Facility shall be allowed as a Conditional Use in the following: Industrial (I),

Agricultural (A), Rural Lands (R-L), Mixed Use (M-U), and Tokeland Mixed Use

(TMU). Marijuana Processing Facilities will be prohibited in all other zoning districts.

D. MARIJUANA RETAIL FACILITY: Subsection 2.D states that Marijuana Retail Facility

shall be allowed as a Conditional Use in the following zoning districts: Mixed Use (M-

U), Community Commercial (C-C), and Tokeland Mixed Use (TMU). Marijuana

Processing Facilities will be prohibited in all other zoning districts. Subsection 2.D also

states that marijuana businesses must front state highways or main streets. Subsection

2.D further limits hours of operation and addresses parking requirements.

E. Subsection 2.E states that in addition to the Conditional Use criteria outlined in Section

2.F of Ordinance No. 162 proposed recreational marijuana businesses shall, among

other things, also comply with requirements and mandates of Chapter 314-55 WAC.

F. NO COUNTY LIABILITY – INDEMNIFICATION: Subsection 2.F states that by

accepting a permit issued pursuant to this Section, the licensee waives and releases the

County, its officers, elected officials, employees, volunteers, and agents from any

liability of any kind that result from any arrest or prosecution of business owners,

operators, employees, clients or customers for a violation of federal, state or local laws

and regulations. Subsection 2.F requires licensees to meet the insurance requirements

listed in Chapter 314-55 WAC and to list Pacific County as an additional insured.

Subsection 2.F also requires an annual review of each license which is issued.

G. LIMITATIONS: Subsection 2.G in general states that the language contained in

Ordinance No. 162A is distinct from the authority of Washington State Liquor Control

Board. This Subsection, among other things, states that Ordinance No. 162A does not

affect the State Law regulating medical marijuana.

3. Section 3: This Section states that the sections of Ordinance No. 162 that are not modified by Ordinance No. 162A remain in full force and effect.

4. Section 4: This Section states that if any provision or portions thereof, contained in Ordinance No. 162A is held to be unconstitutional, invalid, or unenforceable, said provisions, or portion(s) thereof, shall be deemed severed and the remainder of the Ordinance shall not be affected and shall remain in full force and effect.

5. Section 5: This Subsection states that Ordinance No. 162A shall take effect as soon as adopted by the Pacific County Board of Commissioners.

At the conclusion of the hearing, the Board of Pacific County Commissioners may adopt, modify, or reject the proposed Ordinance, or may take other appropriate action. All interested persons are invited to attend this hearing and be heard. This is a closed records hearing pursuant to Section 12.6 of Pacific County Ordinance No. 164. Written analysis is encouraged, and may be mailed to the Board of Pacific County Commissioners, P.O. Box 187, South Bend, WA , 98586.

The full text of the proposed Ordinance, Planning Commission recommendations, Department of Community Development staff report, and consolidated SEPA review documents are available at the Pacific County Commissioners’ Office, 1216 West Robert Bush Drive, Suite F, South Bend, Washington, or by calling 875-9337, (360) 642-9337, (360) 484-7337 or (360) 267-8337. This proposed Ordinance and associated documents will be mailed without charge upon request.

The hearing facility is “barrier free” and accessible by those with physical disabilities. Aids will be provided upon request for those with language/speaking or hearing impediments, but requests need to be received at least five (5) business days prior to this hearing. Such requests may be filed in person at the Commissioners’ Office (Suite “F” of the Pacific County Courthouse Annex located at 1216 W. Robert Bush Drive in South Bend, Washington), by mail (P.O. Box 187, South Bend, WA 98586), or by phone 875-9337 or TDD 875-9400.

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