HomeMy WebLinkAbout060815_ra01Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Carl Smith, Director, and Department of Community Development (DCD�
Colleen Zmolek, Associate Planner, DCD
DATE: June 8, 2015
SUBJECT: Ordinance to adopt amendments to the Jefferson County Code to regulate recreational
marijuana (1 -502).
ATTACHMENT: Ordinance
STATEMENT OF ISSUE:
On May 20, 2015, following a public hearing, and after consideration of public comments made, deliberations,
and approving the "required findings" pursuant to JCC 18.45.080 (1)(b), the Planning Commission voted 6 to 0
to recommend to the Board of County Commissioners (Board), proposed amendments to the Jefferson County
Code (JCC) for regulating recreational marijuana (1 -502).
ANALYSIS:
Pursuant to JCC 18.45.090(4)(a), the Board may adopt the Planning Commission's recommendations when the
Board concurs with them. This occurred at the Special Board meeting of May 21, 2015, where the Board voted
2 to 1 to adopt the proposed amendments as recommended by the Planning Commission, as shown below:
JCC 18.15.040 Table 3 -1 (table of land uses)
JCC 18.18.040 Table 3A -1 (table of future Urban Growth Area land uses)
JCC 18.20.030 Agricultural Activities and Accessory Uses
JCC 18.20.xx Performance Standards — Recreational Marijuana
An ordinance for adopting the amendments to the Jefferson County Code sections shown above is attached. A
public hearing is not required to adopt this ordinance.
Vote on the attached ordinance that would adopt amendments to the Jefferson County Code sections shown
above to establish regulations for recreational marijuana (1 -502).
REVIEWED BY:
,lip Moe CounTAitm' istrator
Date
An Ordinance Relating to the Production, } ORDINANCE #_- -15
Processing, and Retailing of Recreational }
Marijuana within Jefferson County }
WHEREAS, Initiative 502 was approved by the voters of this State at the General Election
held in November 2012, said Initiative approving and making legal, with restrictions, so- called
"recreational marijuana."
WHEREAS, some 65% of the voters in Jefferson County voted yes on Initiative 502.
WHEREAS, Initiative 502 was codified into Chapter 69.50 RCW, the Uniform Controlled
Substances Act.
WHEREAS, WSLCB adopted final rules on October 16, 2013 for marijuana producers,
processors and retailers, said regulations being codified at Chapter 314 -55 WAC. Regulations
of Ch. 314 -55 WAC went into effect on November 16, 2013 and the WSLCB began to accept
applications for recreational marijuana producers, processors and retailers on November 18,
2013, said application window being open for one month with some exceptions to that time
limit.
WHEREAS, WAC 314 -55- 020(11) explicitly recognizes the authority of locally adopted rules
or ordinances to regulate licensed marijuana businesses, such locally adopted ordinances
including in part local building and fire codes, and zoning ordinances.
WHEREAS, on January 16, 2014, the Washington State Attorney General issued an Opinion
regarding local regulation of state- licensed marijuana producers, processors and retailers (AGO
2014 No. 2), concluding in part, "... that I -502 left in place the normal powers of local
governments to regulate within their jurisdictions.... Local governments have broad authority
to regulate within their jurisdictions, and nothing in I -502 limits that authority with respect to
licensed marijuana businesses."
WHEREAS, the State Supreme Court on May 21, 2015 held that local land use development
regulations may be applied to medical marijuana operations and the same logic would apply if
there was a court case regarding whether state law pre - empted local development regulations
relating to recreational marijuana.
WHEREAS, marijuana remains illegal under the federal Controlled Substances Act, 21 U.S.C.
801 et seq. State and local regulations do not preempt federal law. Individuals and businesses
involved in the production, processing, sales and possession of marijuana could still be subject
to prosecution under federal law.
WHEREAS, however, the U.S. Justice Department issued a memorandum dated August 29,
2013, stating that while marijuana remains an illegal drug under federal law, that "based on
assurances that those states" (Washington and Colorado) "impose an appropriately strict
regulatory system, the Department has informed the governors of both states that it is deferring
Ordinance No. re: Production, Processing, and Retailing of Recreational Marijuana in Jefferson County
its right to challenge their legalization laws at this time ." The same memorandum requires the
states to implement and enforce their regulations.
WHEREAS, county staff, including persons from planning, law enforcement, public health,
prosecution, as well as the County Administrator, met during 2013 to determine if any changes
to the County's current regulatory structure would be required in order to accommodate the
then - anticipated recreational marijuana business uses at a scale, intensity and locations that
would be consistent with this county's countywide planning policies, its Comprehensive Plan
and the generally rural aesthetic and character of unincorporated Jefferson County. Pursuant tc
JCC 18.10.010 the production of marijuana was deemed a type of agriculture, a use that the
county's land use planning seeks to encourage.
WHEREAS, agricultural policies and regulations include provisions of Jefferson County Code
Title 18.20.030, including:
• agricultural activity is an allowed use within all zoning designations;
• commercial agricultural activity in certain circumstances is exempt from
stormwater management permitting for primary agricultural activities;
• agriculture activity is exempt for obtaining building permits in certain
circumstances;
• Agricultural activities occurring on all rural land use districts except Rural
Residential 1:5 are protected by so- called "right to farm" rules that provide
notice to adjacent, non - agricultural parcels that agricultural activities do not
constitute a nuisance;
• Accessory uses in Agricultural zoned land are exempt from obtaining building
permits in certain circumstances; and
• Accessory uses include commercial production and sales of locally grown or
produced agricultural products, construction of structures, farm worker
housing, processing, packaging, wholesale and retail sales of agricultural
products, commercial sales, repair and maintenance of farm equipment, storage
of vehicles, equipment, materials or products not related to agriculture,
agritourism, tourism events not related to agriculture, classes, lumber mills,
harvesting, sawing, processing, assembling and selling lumber.
WHEREAS, although Jefferson County has determined that the production of marijuana is a
type of agriculture, it also has characteristics which differentiate it from other types of
agriculture and it therefore requires specific regulation and review of proposed developments
due to the unique factors involved with marijuana, including:
It is illegal under federal law and the federal Department of Justice policy which
states that legalized marijuana must have "strict regulatory systems."
The State of Washington Liquor Control Board ( WSLBC) has strict regulations
specific to marijuana, at WAC 314 -55.
A license issued by the WSLCB is required for anyone to engage in marijuana
production, processing and retailing.
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Ordinance No. re: Production, Processing, and Retailing of Recreational Marijuana in Jefferson County
• Experience to date in Jefferson County has shown a majority of marijuana
license applicants propose locating on Rural Residential land, giving rise to
potential land use conflicts with adjacent land uses, i.e., residences.
• Its illegality under federal law may cause those locations where recreational
marijuana is produced (grown) or processed to be an "attractive nuisance" for
criminals, vandals and minors, said "attractive nuisance" status being contrary
to the quiet and pastoral rural nature of much of unincorporated Jefferson
County.
• Certain extraction methods involved with marijuana processing use potentially
hazardous substances to human health and the environment.
• Imposing development regulations specific to recreational marijuana will allow
the County's planning department to impose conditions on permits issued,
thereby allowing the County to require applicants to mitigate any probable
significant adverse environmental impacts ( "PSAEI ") which might occur as a
result of producing or processing marijuana.
• Because recreational marijuana is only recently lawful, applicants, the County
and the State do not know what PSAEI, if any, will arise from producing or
processing marijuana but should have the tools in place ahead of time to
mitigate any PSAEI which do occur. It is important to have these regulatory
tools in place should they be needed to be proactive rather than reactive.
WHEREAS, during the weekly open public meeting of the County Commission held on
Monday October 14, 2013 staff briefed the Commission, informing them, according to the
approved minutes for that meeting, "that existing regulations of the County and the WSLCB
should be enough," based on the nature of marijuana operations then anticipated by the
County, and thereafter no amendment or further review of the County's regulations was
undertaken. This was based on the concept that the production of marijuana was merely
another form of agriculture.
WHEREAS, during the license application window which subsequently began November 18,
2013, the WSLCB has, with respect to unincorporated Jefferson County, received several
dozen state license applications from persons and firms seeking to produce marijuana and/or
process it and the vast majority (approximately 90 %) of the applicants seeking to locate in
unincorporated Jefferson County have requested state licenses to both produce and process
marijuana.
WHEREAS, the applications to the state for producer and/or processor licenses in
unincorporated Jefferson County are for locations within various land use designations such as
1) agricultural lands 2) light industrial /commercial, 3) light industrial, 4) rural residential, 5)
rural forest and 6) rural commercial. Each of those land use designations listed immediately
above has a distinct purpose (and related public policy behind it) in the county's
Comprehensive Plan and development regulations and thus raise different compatibility issues
in relation to the PSAEI from the production or processing of recreational marijuana unique to
each particular land use designation.
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Ordinance No. re: Production, Processing, and Retailing of Recreational Marijuana in Jefferson County
WHEREAS, the County's current development regulations in the land use arena do not
impose any land use permitting requirements on growing marijuana, although the processing of
marijuana in most land use designations requires a County land use permit as an accessory use
or "cottage industry."
WHEREAS, state, regional and local regulations and /or permitting regarding potable water,
adequate water, waste water and surface water discharges, the proper handling and disposal of
solid waste, food processing, and air quality are, and always would be, applicable to any
applicant seeking to enter into and undertake any one or some of the three recreational
marijuana businesses available to citizens through the WSLCB licensing process.
WHEREAS, two public hearings were held related to enacting temporary moratoriums in
Jefferson County on recreational marijuana, where the citizens have addressed the County
Commission during the public comment period of the Commission's open public meetings
expressing great concern that the production of marijuana is not typical agriculture and that
both production and processing should be the subject of additional development regulations not
currently found in the applicable land use and development regulations.
WHEREAS, it should be noted that there has been citizen support expressed at the public
meetings of the County Commission for encouraging the production and processing of
marijuana within unincorporated Jefferson County.
WHEREAS, the production of recreational marijuana must comply with numerous state
regulations such as enclosure with an 8 foot high fence and security measures that help make it
distinguishable from more recognized and stereotypical forms of agriculture.
WHEREAS, based on actual state license applications reviewed by the County and still
pending before the state, it now appears the potential high profitability of recreational
marijuana is attracting investments in marijuana operations and developments of a larger scale
and higher intensity than the County previously anticipated in some land use classifications,
said larger proposals having resultant PSAEI not previously known or planned for, again
making it unlike the more traditional existing agriculture found in Jefferson County.
WHEREAS, recreational marijuana production and processing in the absence of regulations
may result in a scale and intensity of activities that are inconsistent with the Jefferson County
Comprehensive Plan policies to maintain rural character in rural residential lands.
WHEREAS, permission to undertake recreational marijuana production and processing has
been sought at a scale and intensity exceeding the scale and intensity of agriculture which has
occurred so far, and may therefore result in PSAEI such as increased traffic, noise, light, hours
of activity, odors, water supply withdrawals, and surface and ground water pollution.
WHEREAS, in order to balance the supportive goals and policies for agricultural uses,
including but not limited to recreational marijuana, with comparable support for other land
uses, it has been appropriate to review regulations for the potential scale and intensity of
recreational marijuana under the County's existing regulations and make such regulatory
4- Version 1.4
Ordinance No. re: Production, Processing, and Retailing of Recreational Marijuana in Jefferson County
changes as found necessary so that potential impacts between incompatible uses can be
avoided, reduced or mitigated, for the benefit of the health, safety and welfare of all Jefferson
County citizens and businesses as well as its overall rural character.
WHEREAS, on July 31, 2014, an interagency meeting was held in Jefferson County to discuss
roles of various state agencies along with the County in marijuana licensing. This meeting
revealed a general absence of regular coordination among agencies at that time, including
coordination with the WSLCB. Since that time, Jefferson County has increased coordination
with several agencies when sending comment letters to the WSLCB on license applications.
WHEREAS, in order to provide the County the opportunity to review and amend its
regulations that would apply to marijuana production and processing, the Board of County
Commissioners deemed it to be in the public interest to establish a moratorium intended to
temporarily prohibit the acceptance of any development permit application that would be
necessary for the siting, location or operation of recreational marijuana producing and
processing at certain locations said moratorium was duly passed by the County Commission on
August 11, 2014.
WHEREAS, an extension and revision to the initial moratorium was duly adopted by the
County Commission on February 9, 2015. This moratorium will expire on June 11, 2015.
WHEREAS, the Planning Commission held public meetings to address the issue of marijuana
regulation on November 5, 2014, January 14, February 4, March 4, April 1, April 15, and May
6, 2015. The public record includes agenda materials and all written and oral public comments
provided at those meetings.
WHEREAS, a Planning Commission public hearing was duly noticed on May 6, 2015
scheduling said hearing for May 20, 2015.
WHEREAS, on May 18, 2015 DCD at the County Commission's weekly public meeting staff
presented to the County Commission the draft (unapproved) proposal that was to be the subject
of the Planning Commission's public hearing to be held on May 20, 2015. The County
Commission suggested some minor non - substantive changes to the draft Planning Commission
version and waited for the results of the May 20, 2015 public hearing and Planning
Commission vote.
WHEREAS, the Planning Commission held its public hearing on May 20, 2015 and after
receiving written and oral comments from citizens, voted 6 -0 to send its recommendation to the
County Commission. The recommendation was not substantively different from what the
County Commission had reviewed on May 18th and included the non - substantive changes the
County Commission had suggested on May 181.
WHEREAS, on May 21, 2015 there was a Special Meeting of the County Commission to
consider the Planning Commission recommendation regarding recreational marijuana and to
deliberate on that recommendation. After another presentation by staff and much deliberation
among the three County Commission members, the County Commission decided to accept the
5- Version 1.4
Ordinance No. re: Production, Processing, and Retailing of Recreational Marijuana in Jefferson County
Planning Commission recommended regulations without further changes and directed staff to
prepare an Ordinance that would formally enact the Planning Commission's recommended
changes to the County's development regulations, specifically amend and revise Title 18 of the
Jefferson County Code.
WHEREAS, the County Commission concludes that this proposed recreational marijuana
code amendment maintains a balance between providing residential uses and agricultural uses,
and supporting economic development by providing for recreational marijuana activities while
also upholding community held values for maintaining "rural character" and meeting the
adopted intent of various zones as identified in JCC 18.15.005; by controlling the size and
placement of structures, and requiring permit conditions such as landscape screening and
setbacks under which recreational marijuana activities are authorized in various land use zones
in the County.
WHEREAS, the notice provisions that will apply to applications to undertake a recreational
marijuana enterprise will 1) encourage dialog between an applicant and his/her neighbors about
the proposal and 2) inform the neighbors of the proposal.
WHEREAS, the proposed performance standards for recreational marijuana as well as the
amendments to the use table will provide the County's planning department with proactive
tools allowing the planners to condition permits granted pursuant to these sections and thereby
will serve to mitigate the PSAEI, if any, generated by or likely to be generated by any
application related to recreational marijuana.
WHEREAS, the County's Department of Community Development Department has reviewed
these proposed amendments to the County's pursuant to the State Environmental Policy Act
( "SEPA ") and undertook the following actions. A public notice including intent to amend the
Title 18 JCC, the Unified Development Code, availability of environmental documents and a
pending SEPA determination of non - significance was duly published in the County's official
newspaper on May 6, 2015 and sent to the County's official SEPA distribution list. The notice
stated the 14 day comment period, which ended on May 20, 2015. There were no comments
on the pending SEPA determination during the comment period. On May 22, 2015, the
County's SEPA Responsible Official issued the final Determination of Non - Significance.
WHEREAS, these proposed development regulations are authorized by the Planning Enabling
Act, codified at Ch. 36.70 RCW, the Growth Management Act, Ch. 36.70A RCW and Ch. 314-
55 of the Washington Administrative Code.
WHEREAS, adoption of these proposed development regulations is authorized by and
pursuant to the general police power provided to local governments such as Jefferson County
by the Constitution of the State of Washington.
NOW, THEREFORE, BE IT ORDAINED as follows:
Section One: The County Commission adopts the "Whereas" statements listed above
as its Findings of Fact in support of and as the basis for adoption of this Ordinance.
6- Version 1.4
Ordinance No. re: Production, Processing, and Retailing of Recreational Marijuana in Jefferson County
Section Two: Table 3 -1 found in Title 18 of the Jefferson County Code (or "JCC ") and
codified at JCC § 18.50.040 is repealed in its entirety and hereby replaced with the version of
Table 3 -1 found in Attachment "A" to this Ordinance.
Section Three: Table 3A -1 found in Title 18 of the Jefferson County Code and codified
at JCC §18.18.040 is repealed in its entirety and hereby replaced with the version of Table 3A-
1 found in Attachment `B" to this Ordinance.
Section Four: JCC §18.20.030 is repealed in its entirety and hereby replaced with the
version of JCC § 18.20.030 found in Attachment "C" to this Ordinance.
Section Five: There is hereby added to the JCC at Chapter 18.20 JCC a new section
entitled "Recreational Marijuana Performance Standards," the complete text of which is
Attachment "D" to this Ordinance.
Section Six: This Ordinance shall become effective as of the date it is executed by the
members of the County Commission.
Section Seven: If this Ordinance is adopted before the close of business on June 11,
2015, then this Ordinance repeals and makes void the most recent "Moratorium" Ordinance
relating to recreational marijuana, the Ordinance known formally as Ordinance #01- 0209 -15.
Section Eight: The provisions of this Ordinance are declared separate and severable. If
any provision of this Ordinance or its application to any person or circumstances is held
invalid, then the remainder of this Ordinance or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
ADOPTED by the Jefferson County Board of County this of June, 2015.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Seal:
Attest:
David Sullivan, Chairman
Erin Lundgren
Clerk of the Board
Approved as to Form Only: Phil Johnson, Member
David Alvarez Kathleen Kler, Member
Deputy Prosecuting Attorney
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(1) Definitions, For the Purposes of this section, the following definitions shall apply. Other relevant definitions
appear in subsections of this section and in Chapter, 11 kJ Q JCC.
(a) Agriculture. The science, art, and business of producing crops, or raising livestock; farming.
(b) Agricultural Activities. Land preparation for agricultural purposes, such as clearing, grading,
contouring, ditching, fencing, plowing, tilling, planting, cultivating, fertilizing, weed, pest and
disease control, spraying, pruning, trimming, harvesting, processing, packing, sales, and
construction of farm and stock ponds, irrigation ditches and systems; livestock management,
such as breeding, birthing, feeding and care of animals, birds, honey bees, and fish; the repair
maintenance and incidental construction of equipment, structures, or machinery used to perform
agricultural or husbandry operations.; and the storage of agricultural products and machinery.
(c) Agricultural Product or Commodity. Any plant or part of a plant, or animal, or animal product,
produced by a person (Including farmers, ranchers, vineyardists,, plant propagators, Christmas
tree growers, aquaculturists, floriculturists, orchadists, foresters, or other comparable persons)
primarily for sale, consumption, propagation, or other use by people or animals.
(d) Accessory Uses, Uses accessory to agriculture that support, promote, or sustain agricultural
operations and production, as provided in subsection (3) of this section.
(e) Agricultural Lands, Designated as either prime agricultural land (AP-20) or agricultural land
of focal importance (AL-20) on the official map of Comprehensive Plan land use designations.
Agricultural lands of long-term commercial significance is a category of resource lands under
the State Growth Management Act and the Jefferson County Comprehensive Plan,
(f) Open Space Tax Program. County program associated with property taxation, Land being
used for agriculture may be enrolled in the tax program through the county assessor. The tax
program is independent of land use designation (i.e., zoning) and these development
regulations, except in the context of identifying "existing and ongoing agriculture," as defined in
this code and exempted from standard stream and wetland buffers as described in subsection
(2)(b)(ii) of this section.
(g) Existing and Ongoing Agriculture. Any agricultural activities conducted on an ongoing basis
on lands enrolled in the open space tax program for agriculture or designated as agricultural
lands; provided, that agricultural activities were conducted on those lands at anytime during the
five-year period preceding April 28, 2003. Agricultural use ceases when the area on which it is
conducted is converted to a nonagricultural use.
(h) New Agriculture, Agricultural activities proposed or conducted after April 28, 2003, and that
do not meet the definition of "existing and ongoing agriculture."
(i) Agricultural Best Management Practices (BMPs), Schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to prevent or reduce
pollution of waters or degradation, of wetlands and fish and wildlife habitat areas.
0) Farm Equipment. Includes, but is not limited to, tractors, trailers, combines, tillage
implements, balers, and other equipment, including attachments and accessories that are used
in the planting, cultivating, irrigation, harvesting, and marketing of agricultural, horticultural, or
livestock products.
(2) Agricultural Activities,
(a) Where Allowed, Agricultural Activities, as defined above qgd.exam 6 g 1h 32li, rf
rg,creatiQr m
- - . ...... 2 yLjLng, are an allowed use under any of the Comprehensive Plan land use
designations, subject to the provisions of this :subsection, except that "processing," "packing," and "sales"
are regulated under subsection (3) of this section, Accessory Uses, A A n "U/1 '01 A fivities r0afed to
mmLank! an(,.,t C
Recreational iatiip� Whei nflicts o cur the m re --j—p-2i _18-20XX tot,
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(b) When Exempt from Permit Process, Agricultural activities are considered a matter of right
and not subject to land use permits or approval from the administrator, subject to the following:
(j) Other Applicable Laws and Rules. This section does not exempt the proponent from
acquiring any other required approvals from county, state or federal agencies, includingi,
but not limited to, approvals related to matters of public health, safety, and welfare.
(ii) Critical Areas, The Growth Management Act, Chapter 36,70A RCW, requires local
governments to designate and protect "critical areas," such as wetlands and fish and
wildlife habitat areas. This code contains provisions for the protection of critical areas at
Article VI-D of Chapter 1_8.1 5 JCC, et se,q The fish and wildRe habitat areas section its
Article VI-H of Chapter 'lam 15 JCC and includes protections for streams and their buffers.
The wetlands section is Article VI-I of Chapter 18,1 JCC and incWdes protections for
wetland buffers. These sections pertain to agricultural activities in the following manner:
(A) New agriculture is required to meet all applicable provisions of Article Vl-D of
Chapter 18-. 1,E JCC, et sec.
(B) Existing and ongoing agriculture is exempt from standard stream and wetland
buffers, Refer to Articles VI-H and VI-I of Chapter 18,1.5 JCC, respectively, The
exemption covers only existing and ongoing activities related to cultivating crops and
grazing livestock and the land preparation associated with those agricultural
activities. The exemption does not cover new structures, parking areas, or other
similar development activities. New development activities related to agriculture are
regulated as new agriculture.
(C) In exchange for this exemption from standard stream and wetland buffers, the
agricultural communities in each Jefferson County watershed are expected to
establish and implement appropriate agricultural best management practices (BMPs)
in order to protect wetlands and fish and wildlife habitat areas from adverse impacts
related to the practice of agriculture. Refer to subsection (3) regarding agricultural
BMPs below.
(D) The exemption from standard stream and wetlands buffers for existing and
ongoing agriculture will be revisited during periodic review of the Comprehensive
Plan and development regulations, pursuant to RCW 3630A 130.. If the county finds
through evaluation of best available science that the voluntary implementation of
agricultural BMPs is failing to protect wetlands and fish and wildlife habitat areas
from impacts related to agriculture in any given watershed or specific areas within a
given watershed, this exemption will be modified or eliminated for that watershed or
particular sites within that watershed.
(iii) Agricultural Best Management Practices, Agricultural activities are expected to be
conducted in a manner that protects against harm or degradation to the existing functions
and values of fish and wildlife habitat in and adjacent to streams and wetlands through the
implementation of agricultural best management practices (BMPs),
(A) Agricultural landowners and operators are encouraged to design BMPs through
consultation with the following resources:
(1) Section 4 of the USDA Natural Resources Conservation Service (NRCS)
"Field Office Technical Guide" (FOTG) contains a nonexclusive list of
conservation practices (BMPs) to guide implementation of the expectations of
this section,
(11) The Jefferson County conservation district is available to assist in the
development of informal farm plans as well as formal plans such as the
resource management system (RMS) plan or other type of conservation plan
approved through the MRCS.
(B) BMPs should be designed for site - specific conditions and should include
pollution prevention and control measures that effectively address the following
management areas:
(1) Livestock and Dairy Management. Livestock and dairy operations must be
conducted so as not to contribute any wastes or sediments into a natural or
modified natural stream in violation of adopted state water quality standards.
(11) Nutrient and Farm Chemical Management. Manure must not be placed in a
stream or location where such wastes are likely to be carried into astream by
any means. Farm chemicals shall be applied consistent with all requirements
stated on the chemical container labels and all applicable federal and state
Laws and regulations, such as Chapter 15.58 RCW (Pesticide Control Act),
Chapter 17.21 RCW (Pesticide Application Act), and Z United States Code
(USC) J_F, et seq- (Federal Insecficide, Fungicide, and Rodenticide Act).
(111) Soil Erosion and Sediment Control Management. Construction of roads,
used for agricultural purposes, agricultural equipment operation,, and ditch
construction and maintenance should be undertaken in such a manner as to
avoid sediment contribution to streams.
(IV) Operation and Maintenance of Agricultural Drainage Infrastructure.
Dredging or removal of accumulated sediments in any ditch or ditched stream
should be conducted when there is no or minimal flow in the stream (generally
between June 15th and October 31st) and in a manner that minimizes
sediment contribution or other impacts to water quality. Excavation spoils
should be placed so as not to cause bank failures and so that drainage from
such spoils does not contribute sediment to streams. Maintenance of
vegetation located within a stream that is part of drainage infrastructure may
be conducted at any time; provided, that any cutting or mowing is above the
ground surface within the channel and in a manner that does not disturb the
soil or sediments and that the cut vegetation does not block water flow. Stream
bank vegetation should be preserved or planted as soon as practicable after
drainage construction and maintenance are completed in order to stabilize
earthen ditch banks.
(V) Riparian Management. Existing riparian vegetation should be managed to
continue to provide soil and streambank stability, shade, filtration, and habitat
for fish and wildlife. Landowners are encouraged to plant riparian vegetation to
improve fish and wildlife habitat by providing shade, cover, organic debris, and
control of noxious weeds.
(C) An owner or operator is responsible only for those conditions caused by
agricultural activities conducted by the owner or operator and is not responsible for
conditions that do not meet the standards of this subsection resulting from actions of
others or from natural conditions not related to the on -site agricultural operations.
Conditions resulting from unusual weather events (such as storm in excess of a 25-
year, 24-hour storm) or other exceptional circumstances that are not the product of
obvious neglect are not the responsibility of the owner or operator.
(D) Agricultural activities are expected to meet the objectives and standards of this
subsection through voluntary compliance.
(E) Jefferson County, the Jefferson County conservation district, and the Department
of Ecology work cooperatively to identify potential violations of state water quality
standards and to provide assistance to agricultural owners and operators for
preventing or correcting water quality violations. The Department of Ecology
maintains ultimate compliance authority for enforcing state water quality standards.
(F) "Existing functions and values" relates to the following categories:
(1) Water quality, as documented in a given watershed by the Jefferson County
conservation district or other management agency,
(11) The existence or absence of large woody debris within a stream, as
documented in the "Salmon & Steelhead Habitat Limiting Factors" analyses
completed by the Washington Department of Fish and WiMlife (WDFW)
between 2000 and 2003 for the Water Resource Inventory Areas (WRIAs) 16,
17, 20, and 21, or other relevant studies.
(111) The existing riparian buffer characteristics and width, including, but not
limited to, the existing amount of shade provided by the existing riparian buffer,
as documented in the "Salmon: & Steelhead Habitat Limiting Factors" analyses
completed by WDFW between 2000 and 2003 for the Water Resource
Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies.
(IV) The existing channel morphology as documented with year 2000
Department of Natural Resources (DNR) Aerial Photography,
(G) "No harm or degradation" means the following:
(1) Maintaining or improving documented water quality levels, if avaiiiable.
(11) Meeting, or working towards meeting, the requirements of any total
maximum daily load (TMDL) requirements established by the Department of
Ecology pursuant to Chapter IQ.4§ RCW.
(111) Meeting all applicable requirements of Chapter 77,55, RCW and Chapter
220-110 W (Hydraulics Code).
(IV) No evidence of degradation to the existing fish and wildlife habitat
characteristics of the stream or wetland that can be reasonably attributed to
adjacent agricultural activities,
(H) The references above to Chapters 7.'.7,55 and 90.48 RCW and Chapters 11L-
201A and 22110 WAC shall not be interpreted to —re-place Department of Ecology
and WDFW authority to implement and enforce these state programs.
(iv) Stormwater Management. Jefferson County stormwater management regulations and
procedures are described in JCC J 8,30,061 0, Grading and excavation standards,, and JCC
18,3 0,070, Stormwater management standards. These sections pertain to agricultural
activities Fvlties-in the following manner;
(A) Commercial agriculture is exempt from stormwater management minimum
standards pursuant to JCC 1 t .3QQ7.0(2) andl the referenced Department of Ecology
Stormwater Management Manual for Western Washington (manual).
(3) According to the manual, " "commercial agriculture" is defined as:
Those activities conducted on lands defined in RCW 84.,4 020(2), and activities
involved in the production of crops or livestock for wholesale trade. An activity ceases
to be considered commercial agriculture when the area on which it Is conducted is
proposed for conversion to a nonagricultural use or has lain idle for more than five (5)
years, unless the Idle land is registered In a federal or state soils conservation
program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or
drainage ditches related to an existing and ongoing agricultural activity.
(C) Accordingly, agricultural activities such as land preparation for the cultivation of
crops or the grazing of livestock and the maintenance of agricultural irrigation
infrastructure are exempt from meeting the minimum requirements for stormwater
management and from obtaining a stormwater management permit.
(D) This exemption does not apply to new development that is secondarily related to
agriculture and that involves the construction of new structures, such as buildings for
agricultural processing and retail sales, and the addition of impervious surfaces,
such as compacted areas designed to accommodate parking.
(E) This exemption does not apply to the initial clearing of forested land. Conversion
of forested land to some other use incompatible with commercial forestry, as defined
in the Forest Practices Act, Chapter 76.09 RCW, requires review under JCC
ILZQ.IL
Q_1 .10,060 and,18,30,071E F TIT'he State Department of Natural Resources
may also require a Class IV general forest practices application.
(v) Farm Ponds and Irrigation Infrastructure.
(A) Construction or expansion of farm and stock ponds and irrigation ditches and
infrastructure in association with commercial agriculture as defined above is exempt
from meeting stormwater management minimum standards and from obtaining
approval; provided, that said activities are not conducted in environmentally sensitive
areas and their buffers as defined in Article VI-D of Chapter '18,15 JCC. Landowners
are encouraged to document the creation of new exempt ponds through
photographs (before, during, and after construction) in order to facilitate any future
development review on the property.
(6) Construction or expansion of ponds or irrigation ditches and infrastructure in
wetlands and their buffers is subject to the provisions of Article VI-1 of Chapter
JCC.
(1) Maintenance of existing farm and stock ponds and agricultural irrigation
ditches and infrastructure is allowed without having to meet the protection
standards pursuant to the exemption for "existing and ongoing agriculture" at
JCC j_?_j ,w 5(1)(e), if the activities, are not prohibited by any other law.
(11) Construction of new ponds or expansion of existing ponds and drainage-
related activities that would introduce new impacts is regulated under Article
VI-I of ChapterIgIq JCC. Activities within wetlands and their buffers require
review and approval of a mitigation or enhancement plan pursuant to that
article,
(C) Generally, pursuant to JCC '18 39_QL5Q(5)(b), drainage improvements constructed
in accordance with JCC Lq326F
0-
and 18,30,070 and construction of a pond of
one-half acre or less which is not in a regulated wetland are exempt from the
stormwater management permit requirement outlined in JCC 1_3
(vi) Livestock Management
(A) On designated agricultural lands, livestock management is allowed as a matter
of right, except:
(1) Any operation that meets the state or federal definition for an animal feeding
operation (AFO) requires a consistency review land use permit (i.e., "Yes" or
Type 1),
(11) Any activity that meets the state or federal definition for a custom
slaughtering establishment, custom meat facility, or medium concentrated
animal feeding operation (medium CAFO) requires a conditional administrative
(C(a)) land use permit.
(III) Any operation that meets the state or federal definition for a large
concentrated animal feeding operation (CAF(), certified feed lot, public
livestock market, stockyard, warehouse, or grain elevator, requires a
conditional use (C) land use permit.
(B) On lands that are not designated agricultural lands, livestock management is
allowed as a matter of right, except:
(1) The slaughter and preparation of between 100 and 1,000 chickens or other
fowl in a calendar year by the agricultural producer of the chickens for the sale
of whole raw chickens by the producer directly to the ultimate consumer at the
producer's farm requires a conditional administrative (C(a)) land use permit;
over 1,000 shall be prohibited,
(11) Any operation that meets the state or federal definition for an animal
feeding operation (AFO) requires a conditional administrative land use permit
(C(a)),
(I 11) Any operation that meets the state or federal definition niti on for a custom
slaughtering establishment, custom meat facility, certified feed lot, public
livestock market, stockyard, warehouse, grain elevator, or medium or large
concentrated animal feeding operation (CAFO) shall be prohibited, except in
the heavy industrial land use designation, where a conditional use (C) land use
permit shall be required.
(C) Facilities for breeding and maintaining working dogs raised for livestock
management purposes are exempt from performance of JCC Animal
kennels and shelters, in order to allow livestock guardian dogs to work during
nighttime hours. Facilities for breeding and raising dogs for show or sale must be
incidental and accessory to the principal farm activities and meet all of the
performance standards for animal kennels and shelters at JCC 1&20.2610(3).
(vii) Structures. According to JCC 15,05rQ40(1), certain types of agricultural structures do
not require a building permit from the department of community development,
(A) No county building permit is required for buildings or structures erected
exclusively for the storage of livestock, feed, and/or farm implements, provided said
structures are: freestanding, located at least 10 feet from the nearest structure and
not attached to any structure, unless attached to another agricultural building; do not
contain plumbing, except as necessary to maintain farm animals; do not contain a
heat source, such as a wood stove or electric heat, unless specifically permitted.
(B) Agricultural buildings that contain plumbing other than that as authorized above
must obtain a plumbing installation permit and health department approval.
(C) Agricultural buildings that contain a heat source for an agricultural purpose must
obtain a wood stove permit or an electrical permit as appropriate.
(D) Agricultural buildings used for the storage of private automobiles, trucks, etc.,
which are not licensed as farm equipment, are considered garages or carports and
must obtain a building permit.
(E) Agricultural buildings used for the purpose of hosting members of the public for
the purpose of retail sales of agricultural products or machinery constructed on-site
shall require a building permit to ensure life safety and structural integrity. If an older
agricultural building constructed under the building permit exemption for agricultural
buildings is proposed for hosting members of the public, the building shall be
brought into compliance with the building code, as determined by the building
official.
(F) The building official shall judge whether a proposed structure, a structure under
construction, or a completed structure violates this building permit exemption. A
structure determined to be in violation will be considered a structure subject to the
building code.
(G) Temporary growing structures used solely for the commercial production of
horticultural plants including ornamental plants, flowers, vegetables, and fruits are
not considered structures subject to the State Building Code, Chapter 'l 9.1.27, RCW,
pursuant to RCW I LEmmQL5.
(3) Accessory Uses.
(a) General Provisions. Pursuant to RCW 36 70A. 177:
(i) Accessory uses that support, promote, or sustain agricultural operations and production
shall comply with the following:
(A) Accessory uses shall be located, designed, and operated so as not to interfere
with natural resource land uses and shall be accessory to the growing of crops or
raising of animals;
(B) Accessory commercial or retail uses shall predominantly produce, store, or sell
regionally produced agricultural products from one or more producers, products
derived from regional agricultural production, agriculturally related experiences, or
products produced on-site. Accessory commercial and retail uses shall offer for sale
predominantly products or services produced on-site; and
(C) Accessory uses may operate out of existing or new buildings with parking and
other supportive uses consistent with the size and scale of existing agricultural
buildings on the site but shall not otherwise convert agricultural land to
nonagricultural uses.
(ii) Accessory uses may include compatible commercial or retail uses including, but not
limited to:
(A) Storage and refrigeration of regional agricultural products;
(B) Production, sales, and marketing of value-added agricultural products derived
from regional sources;
(C) Supplemental sources of on-farm income that support and sustain on-farm
agricultural operations and production;
(D) Support services that facilitate the production, marketing, and distribution of
agricultural products; and
(E) Off -farm and on-farm sales and marketing of predominantly regional agricultural
products and experiences, locally made art and arts and crafts, and ancillary retail
sales or service activities,
(b) Where Allowed, Accessory uses to agriculture are allowed exclusively in agricultural lands,
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(c) Where Prohibited, Accessory uses to agriculture, as defined and regulated in this section,
are prohibited in all land use districts except agricultural lands, Proposals that would be
classified accessory uses in agricultural lands, such as processing, packing, and sales of
agricultural products, may be considered and approved in other land use districts under different
and appropriate land use classifications, such as commercial use, light industrial use, home
business, cottage industry, or small-scale recreation and tourist use, subject to allowed and
prohibited uses per land use district and the associated permit processes and approval criteria.
(d) When Exempt from Permit Process, Accessory uses on agricultural lands, ex', 221 it P L_ f2
Re_r_e,a_digj_ L J:&_ 1
, are considered a matter of right and not subject to land use permits or
approval from the administrator, subject to the following limitations and provisions in association
with these various use categories:
(i) General. All accessory uses, when exempted from a permit or approval process, shall
be conducted in such a manner that:
(A) Parking for all visitors or suppliers is fully accommodated on-site in a location
and manner that does not encroach upon or negatively impact environmentally
sensitive areas and their protection buffers and that converts as little prime
agricultural soil as practicable into nonagricultural use,
(6) New structures are constructed or existing structures are expanded in a location
and manner that does not encroach upon or negatively impact environmentally
sensitive areas and their protection buffers and that converts as little prime
agricultural soil as practicable into nonagricultural use.
(ii) Composting and recycling must be nonhazardous and biodegradable.
(iii) Processing and packing agricultural products if at least 50 percent of the product was
raised or produced on the site or on other Jefferson County parcels, including but not
limited to prepared foods, cheese, wine, beer, decorative materials, compost, etc,,
including cooperative processing and packing involving more than one local farmer,
(iv) Retail and wholesale sales of agricultural products from existing or new farm stands
and farm buildings, including cooperative sales involving more than one local farmer,
subject to the following, provisions:
(A) At least 50 percent of the square footage of the undercover, retail display area is
comprised of products from the farm on which the stand is located or from land
owned by the owner of the stand.
(B) If less than 50 percent of the products sold come from the farm on which the sale
occurs, all the products sold must primarily supply local agricultural activities and the
sales must be accessory to the prime function of the land as a farm. Examples are
sale of hay, specialized livestock materials, farm equipment, livestock fencing,
horticultural supplies, etc.
(v) Farm Equipment. Commercial repair and maintenance of farm equipment and sales of
equipment, structures, or machinery manufactured on-site for use in agricultural
operations subject to the following provisions:
(A) The activity must be accessory to the main function of the property as a farm.
(B) The activity shall comply with JCC 18.20.220(1)(a), (c), and (d), Industrial uses —
Standards for site development,
(C) Storage of vehicles, equipment, materials or products not related to agriculture
must meet the requirements of JCC 18,20.280, Outdoor storage yards.
(vi) Agritourism. Agriculturally related activities designed to bring the public to the farm on
a temporary or continuous basis, such as U-Pick farm, sales, retail sales of farm products,
farm mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides, farm
tours, horticultural nurseries and associated display gardens, cider pressing, wine or
cheese tasting, etc., subject to the following provisions:
(A) All activities must be closely related to normal agricultural activities. Activities
which simply adopt an agricultural theme or setting but which are not otherwise a
normal extension of agricultural activities are not permitted as a matter of right;
however, they may be considered under JCC ' 18.20 ',' 350, Small-scale recreation and
tourist uses. The following list of uses not permitted as a matter of right is illustrative
but not exhaustive: mechanical rides Such as Ferris wheels and carousels, arcade
type games and activities, dance halls, stage performances, drinking establishments
that serve alcohol which is not wine produced on-site, fireworks, sporting events,
caged wild animals, exhibits, etc,
(B) Temporary events that are not related to agriculture are regulated by JCC
1gLL0, N, Temporary outdoor uses,
(vii) Classes. Subject to the following provisions:
(A) Classes are clearly accessory to the primary function of the farm.
(B) Classes must not exceed four weeks in length for any single course of
instruction. Schools with classes that exceed four weeks must meet the provisions of
subsection (3)(e)(ii)(B) of this section, addressing agricultural schools.
(C) If students are regularly housed on-site for the class, the provisions of JIGO
13.20.2"10, Hospitality establishments, shall apply,
(viii) Lumber Mills and Associated Forestry Processing Activities and Uses. Harvesting,
sawing, processing, assembling and selling lumber is limited to timber from the designated
agricultural lands property on which the activity is located and is subject to the regulations
of JCC 18.201.2310, Lumber mills (portable and stationary).
(e) When Permit Process is Required,
(i) Proposal Exceeds Terms or Limitations. Accessory uses on agricultural lands that are
best described as one of the uses listed in subsection (3)(d) of this section and yet exceed
or lie outside of the terms and Nmitations set forth in subsection (3)(d) of this section are
considered discretionary uses (i.e., "ID" uses), as defined at JCC 18,15,020(l)(b), and
subject to a Type 11 administrative review as specified in Chapter J.0_JCC. The
administrator may classify the proposed use as an allowed "yes" use, conditional
administrative use, conditional use, or prohibited use. The permit process is subsequently
conducted pursuant to Chapter .1 8A 0 JCC according to the use classification.
(ii) Other Accessory Uses. The following accessory uses may be permitted on designated
agricultural lands subject to a discretionary determination by the administrator (i.e., a Type
11 administrative review process for a "ID" use), provided they are located, designed and
operated so as not to interfere with natural resource land uses and subject to the following
provisions in association with these various use categories:
(A) Permanent and/or seasonal farm worker housing, in addition to an accessory
dwelling unit; provided, that:
(1) The housing is used exclusively for agricultural workers on the farm and
their families or members of the family of the farm owner with at least one
member of each household actively working on the farm.
(11) The housing for farm labor is not sold, leased or rented to the genera I
public unless the owner applies for and receives a permit for an agriculture-
related recreational or tourist use as specified in JCC 18,20 .
(111) The farm worker housing units are constructed in such a manner that they
meet all applicable regulations for dwelling units for agricultural worker
housing.
(IV) A covenant is recorded with the title of the parcel on which the housing is
located in a form satisfactory to the county that specifies that the units are
exclusively for use by farm laborers and their families employed on the
property by the owner. The use of the farm labor dwelling units may be
converted to nonagricultural uses and the covenant removed subject to
approval by the administrator and issuance of any required land use permits.
(V) The accommodations shall not require the extension of public sewer
services.
(B) Agricultural schools which offer a program that lasts for more than 30 days per
year per student and which may be the primary function of the land, subject to the
following provisions:
(1) The predominant focus of the curriculum and activities of the school is
closely tied to and dependent upon agricultural activities and facilities on the
farm. If the school has a conventional: curriculum and is merely utilizing an
agrarian setting, it does not qualify for location on designated agricultural land,
(11) Agricultural schools under this section which also house students and/or
faculty for the duration of the course of study must meet the requirements of
JCC 11 &ALaQ for a conditional use permit,
(III) Buildings and parking facilities used for the school avoid location on prime
agricultural soils, whenever practicable.
(C) Veterinary clinics or hospitals which have at least a portion of their business
serving large domestic animals necessitating holding pens, paddocks, etc., subject
to the provisions of JCC 18.20,4 2-0(1)(a) and (b). Veterinary clinics and hospitals that
do not include an on-site, large animal practice are not permitted on land designated
agricultural land.
(D) Farm restaurant when it is a component of the agritourism activities of a farm
subject to the restrictions set forth in JCC 1 8,20,350(1).
(E) Farm campground for fishing or hunting on or near farm property subject to the
regulations in JCC 18,20,350(65)(9)(1) through (9)r
(F) Guide services associated with livestock used for trail riding, packing, etc.
(G) Rural recreational tourist lodging subject to the provisions of JCC 1 &20-35 0,
_ ..........
(H) Commercial display gardens subject to the requirements of JCC 1&20,350(3).
[Ord. 8-06 § 1]
uml ,
Planning Commission Meeting
LEMSOME
Proposed RequIations for Recreational Marijuana l_5tJ2
JCC 18.20. PERFORMANCE STANDARDS
JCC 18.20.XX Recreational Marijuana/Cannabis
(1) General provisions. In addition to all other applicable development standards of this Chapter
and other applicable regulations within Jefferson County Code, the standards set forth below
shall apply to all recreational marijuana activities in the unincorporated areas of Jefferson
County. In the event of conflicts, the more restrictive measure shall apply. In addition to these
provisions, recreational marijuana activities, shall comply with all applicable provisions of state
law (Chapter 314-55 Washington Administrative Code), including the rules governing
recreational marijuana as promulgated by the Washington State Liquor Control Board' and other
agencies with jurisdiction,
(2) Definitions. For purposes of this chapter, the following definitions shall apply. Where
these definitions conflict with RCW 69.50 101, as now on hereafter amended, those in state
law shall govern.
La)Marijuana or marihuana: means all parts of the plant Cannabis, whether growing or
not, with a THC concentration-greater than 0.3 percent on a dry weight basis; the seeds
thereof; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The
term does not include the mature stalks of the plant, fiber produced from the stalks, oil or
cake made from the seeds of the plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil', or cake, or the sterilized seed of the plant which is incapable of
germination.
(b) MarHuana processor: means a person licensed by the state liquor control board to
process marijuana into useable marijuana and marijuana-infused products, package and
label useable marijuana and marijuana-infused products for sale in retail outlets, and sell
useable marijuana and marijuana-infused products at wholesale to marijuana retailers.
Marijuana processing for the purpose of this section may or may not include drying,
trimming and bagging of a recreational marijuana product,
(c) Ma[!Juana roducer: means a person licensed by the state liquor control board to
produce and sell marijuana at wholesale to marijuana processors and other marijuana
producers. Marijuana producing for the purpose of this section shall include drying,
trimming and bagging of a recreational marijuana product when done in conjunction with
producing,
(d) Marijuana-infused Droducts: means products that contain marijuana or marijuana
extracts and are intended for human use. The term "marijuana-infused products" does
not include useable marijuana,
(e) Marijuana retailer: means a person licensed by the state liquor control board to sell
useable marijuana and marijuana-infused products in a retail outlet,
MPlan -t-Q-a-n-o-Ry'. Means the square footage dedicated to live plant production, such as
maintaining mother plants, propagating plants from seed to plant tissue, clones,
vegetative or flowering area. Plant canopy does not include areas such as space used
for the storage of fertilizers, pesticides, or other products, quarantine, office space, etc.
(3) Use zones. Three categories of recreational marijuana activities are recognized by rules of
the State of Washington as follows: "production", "processing" and "retailing"; and each category
of such use shall be allowed in the following comprehensive plan zones and as further shown in
Jefferson County Code 18. 15.040 Table -1 and 18, 18.040 Table 3A-1:
a. Production: Allowed as a yes use in Agricultural zoning district, Rural Industrial and
Urban Industrial zoning districts. Allowed as a Conditional Discretionary C(d) use in
Rural Residential zoning districts and Forest Resource zoning districts. Prohibited in
Rural Commercial, Urban Commercial, Urban Public, Urban Residential, County Waste
Management Essential Public Facility (CWMEPF) and Mineral Resource Lands (MRL),
Park Preserves and Recreational (PPR) and Port Ludlow Master Plan Resort zoning
districts.
b, Processing: Allowed as yes use in Rural Industrial and Urban Industrial zoning districts.
Allowed as a Conditional Discretionary C(d) on Agricultural Resource Lands, Allowed as
Conditional Discretionary C(d) with a Cottage Industry permit in Forest Resource Lands
and Rural Residential zoning districts. Prohibited in Rural Commercial zoning districts,
Urban Commercial, Urban Public, Urban Residential, County Waste Management
Essential Public Facility (CWMEPF) and Mineral Resource Lands (MRL), Park
Preserves and Recreational (PPR) and Port Ludlow Master Plan Resort zoning districts.
Retailing: Allowed as a yes use in, Neighborhood Nisitor (NC), General Crossroad (GC)
Rural Village Center (RVC), Urban Commercial(UC) and Urban Industrial (ULI) zoning
districts. Allowed as a Conditional Discretionary C(d) on Agricultural Resource Lands,
Allowed as Conditional Discretionary C(d) with a Cottage Industry permit in Forest
Resource and Rural Residential zoning districts. Prohibited in, Convenience Crossroads
(CC), Visitor Oriented Commercial (VOC), Urban Public, Urban Residential, County
Waste Management Essential Public Facility (CWMEPF) and Mineral Resource Lands
(MRL), Park Preserves and Recreational (PPR) and Port Ludlow Master Plan Resort
zoning districts.
4) The following standards shall apply for all recreational marijuana activities,
a. Producing in the Forest Resource Lands and Rural Residential zones is allowed as a
Conditional Discretionary C(d) use subject to the recreational marijuana standards
and structure size limitation :
(I) Permanent and Temporary Growing Structures on Rural Residential lands RR 1:5,
RR 1:10 and RR 1':20 and forest resource lands shall meet the following standards in
addition to all other applicable sections of the Jefferson County Code.
(A) Rural' Residential 1:5 - temporary or permanent growing structure size. The
allowed structure size is a total combination of square footage of gross floor
area for all growing structures.
a) Five percent (5%) of gross parcel size in square feet, up to a maximum
1 0,890 sf gross-floor area.
(B) Rural Residential 1:10 & 1:20 and Forest Resource lands CF-80, RF-40,, IF -
temporary or permanent growing structure size. The allowed structure size is
a total combination of square footage of gross floor area for all growing
structures.
a. Five percent (5%) of gross parcel size in square feet, up to a
maximum of 21,780 sf gross floor area.
b. Proms in Agricultural zoning district is allowed as a "yes use" without size
limitations but shall be subject to the standards in 18.20.030 agricultural performance
standards and 18.20.XX(4) recreational marijuana performance standards.
Processing in the Forest and Rural Residential zoning districts is allowed subject to a
Conditional Discretionary C(d) use permit per JCC18,20,070 Cottage Industry
Standards and as consistent with JCC 18,20,XX recreational marijuana, In addition
to the maximum structure size of 5,000 square feet for a processing structure
authorized as a Cottage Industry per Jefferson County Code 18.20,070(4)(o) for
Cottage Industry an additional growing structure(s) such as greenhouses may be
allowed up to the size limits per parcel size and structure size for producing only per
JCC 18.20.XX(4)(a)(i).
d. Processing and RetaH in the Agricultural zoning district is allowed as Conditional
Discretionary C(d) and shall be subject to the standards in 18.20,030(3) agricultural
performance standards and 18,20.XX recreational marijuana performance standards,
e. No recreational marijuana operation may be permitted as a home business. All
recreational marijuana activities are subject to the applicable requirements of
JCC18,20 & 18.80.
f. Outdoor Producing; All outdoor producing activities in Rural Residential and Forest
Zones shall have an unfinifted outdoor canopy without size limitations. All outdoor
producing activities for a Cottage Industry shall have an unlimited outdoor canopy
without size limitations.
g. Landscape screening. All recreational marijuana activities shall have Type "A"
landscape screening from adjacent parcels, per Jefferson County Code 18,30-130,
Development Standards,
Setbacks, All recreational marijuana structures and activities in Agriculture,
Commercial Forest, Rural Forest, Rural Commercial or Rural Residential zone that
abut Residential zoned land shall be a minimum 25 feet setback from all property
lines including front road setbacks. Setbacks requirements for other zone
combinations are as stated in Jefferson County Code 18-30.050 Development
Standards Table 6-1 Density Dimension and Open Space Standards. In the event of
conflict, the more restrictive measures shall' apply.
Cameras. Any security cameras proposed for a recreational marijuana facility shall
be positioned so as to not intrude on the privacy of adjacent parcels,
j. Any fence 8 feet or taller shall be located a minimum 25° from all parcel property
lines.
k. Recreational Marijuana activities and facilities shall comply with all applicable
standards of the Jefferson County Code Title 18 including but not limited to
development standards in Chapter 18.3,0 JCC performance and Use-Specific
standards in Chapter 18.20 JCC including JCC 18-20,010 General Provisions,
18.20.020 Accessory Uses and Structures, JCC 18.20.030 Agricuftural Ac6vuties and
Accessory Uses, 18,20.140 Commercial Uses — Standards for Site Development,
JCC 18.20,170 Cottage Industry, and JCC 18.20.220 Industrial Uses — Standards for
site development.
All recreational marijuana licensees shall provide to the Department of Community
Development and Environmental Health a copy of all operations plans as submitted
to the Washington State Liquor Control Board, including details of any chemicals,
processes, extraction methods, waste handling procedures and safety measures
planned for their operations,