ORD NO. 2014-26 MARIJUANA REGULATIONSORDINANCE NO. 2014-26
AN ORDINANCE of the City of Bainbridge Island, Washington, modifying the
zoning regulations adopted under Ordinance No. 2014 -06; establishing zoning
regulations relating to marijuana processing, producing /growing, retailing and
collective gardens; amending Bainbridge Island Municipal Code Sections
18.09.020 and 18.09.030; and providing for severability and an effective date.
WHEREAS, in 2012 Washington voters approved Initiative 502 which authorizes
certain production, processing and retailing of marijuana, codified in relevant part at RCW
69.50.325, et seq., and directed the State Liquor Control Board to develop rules and regulations
to:
1. Determine the number of retailers of marijuana by county and city;
2. Develop licensing and other regulatory measures;
3. Issue licenses to producers, processors, and retailers at locations which comply
with the Initiative's distancing requirements prohibiting such uses within one thousand
feet of schools and other designated public facilities; and
4. Establish a process for municipalities to comment prior to the issuance of such
licenses; and
WHEREAS, the State Liquor Control Board adopted such regulations promulgated at
chapter 314 -55 of the Washington Administrative Code effective November 21, 2013; and
WHEREAS, while the production, processing, and retailing of marijuana remains in
violation of the federal Controlled Substances Act, the City Council wishes to acknowledge the
will of Bainbridge Island voters and the authority exercised by the state of Washington and the
State Liquor Control Board to license such facilities; and
WHEREAS, Initiative Measure No. 692, approved by the voters of Washington State on
November 30, 1998 and codified as chapter 69.51A RCW, created an affirmative defense for
"qualifying patients" to the charge of possession of marijuana (cannabis); and
WHEREAS, in April 2011 the Washington State Legislature passed a bill (E2SSB 5073)
to provide qualifying patients with a new means of access to medical marijuana, authorizing
"collective gardens" which would allow qualifying patients the ability to produce, grow, process,
transport and deliver marijuana for medical use, and that provision was approved by Governor
Gregoire, effective on July 22, 2011 and codified at RCW 69.51A.085; and
WHEREAS, on March 31, 2014, the Court of Appeals, Division 1, in Cannabis Action
Coalition v. City of Kent, held that despite the authorizing language in RCW 69.51A.085,
collective gardens are illegal uses; and
WHEREAS, marijuana is a highly regulated agricultural crop, and should therefore be
dealt with by the City differently than traditional crop agriculture; and
WHEREAS, the City Council adopted Ordinance No. 2013 -32 on November 25, 2013,
establishing interim regulations governing marijuana- related uses and providing for expiration of
the interim regulations if permanent regulations were not adopted by May 25, 2014; and
WHEREAS, the Planning Commission conducted study sessions on proposed permanent
regulations on January 9 and 23 and February 13 and 27, 2014, and
WHEREAS, the Planning Commission conducted a public hearing on permanent
regulations on March 13, 2014 and forwarded its recommendation to the City Council; and
WHEREAS, the City Council conducted a public hearing on recreational and medical
marijuana related use regulations on May 12, 2014; and
WHEREAS, after closing its May 12, 2014 public hearing and after considering the
Planning Commission's recommendation and all public testimony, the City Council adopted
Ordinance 2014 -06, establishing regulations for recreational and medical marijuana uses in the
City of Bainbridge Island; and
WHEREAS, in adopting Ordinance 2014 -06, the City Council provided for the
ordinance to sunset on November 12, 2014, thereby making it clear that the ordinance was not
the final regulation to be adopted by the City Council and indicating the Council's intent to
continue discussion of permanent use regulations for marijuana - related uses; and
WHEREAS, the City Council held a study session on June 2, 2014 to consider
amendment of the regulations adopted by Ordinance 2014 -06 and, after hearing public
testimony, directed staff to prepare certain amendments to the regulations and to bring the same
back to the City Council for first reading on June 9, 2014; and
WHEREAS, the City Council conducted a first reading of the amended regulations on
June 9, 2014 and scheduled a public hearing, a second reading, and possible adoption for June
23, 2014; and
WHEREAS, a public hearing was noticed and held before the City Council on June 23,
2014 and, after considering all of the testimony received at the public hearing and all input and
recommendations received from the public and from the Planning Commission throughout the
process of adopting both interim and permanent regulations for marijuana- related uses, the City
Council determined to adopt the amendments set forth in this ordinance; and
WHEREAS, notice was given on June 6, 2014 to the Office of Community Development
at the Washington State Department of Commerce in conformance with RCW 36.70A.106; and
WHEREAS, nothing in this ordinance is intended nor shall be construed to authorize or
approve of any violation of federal or state law; -now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Section 18.09.020 of the Bainbridge Island Municipal Code is amended to
add marijuana- related uses to the permitted uses table as shown in Exhibit A.
Section 2. Section 18.09.030 of the Bainbridge Island Municipal Code, Use Specific
Standards, is amended to add the following subsection:
K. Marijuana- Related Uses
1. The production, processing and retailing of marijuana is and remains illegal
under federal law. Nothing herein or as provided elsewhere in the ordinances of
the City of Bainbridge Island is an authorization to circumvent federal law or to
provide permission to any person or entity to violate federal law. Only
Washington State licensed marijuana producers, processors, and marijuana
retailers may locate in the City of Bainbridge Island and then only pursuant to a
license issued by the State of Washington. The purposes of these provisions is
solely to acknowledge the enactment by Washington voters of Initiative 502 and
state licensing procedures to permit, but only to the extent required by state law,
marijuana processors, marijuana producers and marijuana retailers to operate in
designated zones of the city.
2. In addition to any other applicable remedy and /or penalty, any violation of
this section is declared to be a public nuisance per se, and may be abated by the
city attorney under the applicable provisions of this code or state law, including
but not limited to the provisions of Chapter 1.24 BIMC, Chapter 1.26 BIMC and
Chapter 9.40 BIMC.
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3. 4, Marijuana Retailer: Marijuana retailing is a permitted use in the Business/
Industrial Mixed Use Toact4 Gent ,c High SehoolRoad, and Neighbor-hood
Serviee Center- zoning districts. ^ mar-ijuana retailer- business is only allowed in
the island Genter, aaeedGenteF, and Rolling Bay NSG Special Planning
Areas. A site plan and design review permit may be required, pursuant to Section
2.16.040.13, Site Plans and Design Review Applicability.
3
4. -,9. Marijuana Processors: Marijuana processing is a permitted use in the
Business /Industrial zoning district. A site plan and design review permit is
required and must be approved prior to any city approval of business licenses or
other required permits.
5.- 6-. Marijuana Producers: Indoor marijuana production is a permitted use in
the Business /Industrial zoning district subject to the following conditions:
a. A site plan and design review permit is required and must be approved
prior to any city approval of business licenses or other required
permits;
b. The business must integrate a system that reuses at least 25 percent of
wastewater within two years of initial crop planting;
i. The city may request documentation or a monitoring report to
ensure that the water reuse standards are being met.
6.7-.--No marijuana - related uses are allowed on city -owned property.
Section 3. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause
or phrase of this ordinance.
Section 4. Effective Date. This ordinance shall take effect and be in force five (5)
days from its passage, approval, and publication as required by law.
PASSED BY THE CITY COUNCIL this 23rd day of June, 2014.
APPROVED BY THE MAYOR this 23rd day of June, 2014.
'&' '? cl&'�
Anne S. Blair, Mayor
4
ATTEST /AUTHENTICATED:
Rosalind D. Lassoff, CM , City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
June 10, 2014
June 23, 2014
June 27, 2014
July 2, 2014
2014 -26
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