HomeMy WebLinkAbout05 2021 01 28 Draft Marijuana Dev RegsJefferson County Code Page 1/5
DRAFT JAN 26, 2021 V1
The Jefferson County Code is current through Ordinance 08 -20, passed November 16, 2020.
18.20.295 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 WAC), 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 or hereafter amended, those in state law shall govern.
(a) 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) Marijuana 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) Marijuana producer 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 th e
purpose of this section shall include drying, trimming and bagging of a recreational marijuana product when
done in conjunction with producing.
(d) Marijuana-infused products 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.
(f) Plant canopy 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 JCC 18.15.040, Table 3 -1, and JCC 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 residential, forest resource, rural commercial, urban commercial,
urban public, urban residential, county waste management essential public facility (CWMEPF) and mineral
resource lands (MRL), parks, preserves and recreation (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)) use on agricultural resource lands. Allowed as conditional discretionary (C(d))
Jefferson County Code Page 2/5
DRAFT JAN 26, 2021 V1
The Jefferson County Code is current through Ordinance 08 -20, passed November 16, 2020.
with a cottage industry permit in forest resource lands and rural residential zoning d istricts. Prohibited in rural
residential, forest resource, rural commercial zoning districts, urban commercial, urban public, urban
residential, county waste management essential public facility (CWMEPF) and mineral resource lands (MRL),
parks, preserves and recreation (PPR) and Port Ludlow master plan resort zoning districts.
(c) Retailing. Allowed as a yes use in neighborhood/visitor (NC), general crossroads (GC), rural village center
(RVC), urban commercial (UC) and urban industrial (ULI) zoning distric ts. Allowed as a conditional
discretionary (C(d)) use 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 rural residential,
forest resource, convenience crossroads (CC), visitor-oriented commercial (VOC), urban public, urban
residential, county waste management essential public facility (CWMEPF) and mineral resource lands (MRL),
parks, preserves and recreation (PPR) and Port Ludlo w 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 ñ 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.
(I) Five percent of gross parcel size in square feet, up to a maximum 10,890 square feet gross
floor area.
(B) Rural Residential 1:10 and 1:20 and forest resource lands CF -80, RF-40, IF ñ 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.
(I) Five percent of gross parcel size in square feet, up to a maximum of 21,780 square feet gross
floor area.
(b a) Producing in agricultural zoning district is allowed a s a yes use without size limitations but shall be
subject to the standards in JCC 18.20.030, agricultural performance standards, and this subsection (4),
recreational marijuana performance standards.
(c) Processing in the forest and rural residential zoning districts is allowed subject to a conditional discretionary
(C(d)) use permit per JCC 18.20.170, cottage industry standards, and as consistent with this section,
recreational marijuana. In addition to the maximum structure size of 5,000 square feet for a processing structure
authorized as a cottage industry per JCC 18.20.170(5)(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 subsection (4)(a)(i) of this section.
(d b) Processing and retail in the agricultural zoning district is allowed as conditional discretionary (C(d)) and
shall be subject to the standards in JCC 18.20.030(3), agricultural performance standards, and this sec tion,
recreational marijuana performance standards.
(e c) No recreational marijuana operation may be permitted as a home business or cottage industry. All
recreational marijuana activities are subject to the applicable requirements of Chapters 18.20 and 18 .30 JCC.
(f) Outdoor Producing. All outdoor producing activities in rural residential and forest zones shall have an
unlimited outdoor canopy without size limitations. All outdoor producing activities for a cottage industry shall
have an unlimited outdoor canopy without size limitations.
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DRAFT JAN 26, 2021 V1
The Jefferson County Code is current through Ordinance 08 -20, passed November 16, 2020.
(g d) Landscape Screening. All recreational marijuana activities shall have Type A landscape screening from
adjacent parcels, per JCC 18.30.130, development standards.
(h e) Setbacks. All recreational marijuana structures a nd activities in agriculture, commercial forest, rural
forest, or rural commercial or rural residential zones that abut residential zoned land shall be a minimum 25 feet
setback from all property lines including front road setbacks. Setback requirements for other zone combinations
are as stated in JCC 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.
(i f) 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 g) Any fence eight feet or taller shall be located a minimum 25 feet from all parcel property lines.
(k h) Recreational marijuana activities and facilities shall comply with all applicable standards of JCC Title 18
including but not limited to development standards in Chapter 18.30 JCC, performance and use-specific
standards in Chapter 18.20 JCC including JCC 18.20.010, General provisions, JCC 18.20.020, Accessory uses
and structures, JCC 18.20.030, Agricultural activities and accessory uses, JCC 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.
(l i) 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. [Ord. 4-15 ß 5 (Att. D)]
(j) Minimum Buffer Requirements. All recreational marijuana activities and facilities must be located at least a
1,000 feet from the perimeter of the following locations or uses: (1) elementary or secondary schools; (2)
playgrounds; (3) recreation centers or facilities; (4) childcare centers; (5) public parks; (6) public transit
centers; (7) libraries; or (8) any game arcades (where admission is not restricted to persons age 21 or older).
18.20.170 Cottage Industry.
(1) Purpose. To provide for small-scale economic development activities on residential parcels, subordinate to the
primary residential use, if the administrator finds that such activities can be conducted without substantial adverse
impact on the residential environment and rural character in the vicinity. The scale and intensity of cottage industries
are typically greater than could be accommodated as a home business, but less than would require a land use district
designation of commercial or industrial.
(2) The following list of uses allowable as cottage industries include, but are not necessarily limited to:
(a) Sales of antiques and collectibles;
(b) Art or photography studios;
(c) Computer software development;
(d) Handicrafts;
(e) Ironworking or blacksmith shop;
(f) Construction office;
(g) Furniture repair or refinishing;
(h) Pottery shop;
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DRAFT JAN 26, 2021 V1
The Jefferson County Code is current through Ordinance 08 -20, passed November 16, 2020.
(i) Real estate sales office;
(j) Small equipment repair;
(k) Woodworking shop;
(l) Excavating contractors;
(m) Small engine and boat repair; and
(n) Auto and truck repair and service (excludes auto and truck sales, fuel stations and heavy equipment repair).
(3) The following occupations are prohibited as cottage industries, except in the West End Planning Area – Remote
Rural (WEPA RR) overlay district (Article VI -L of Chapter 18.15 JCC) and when located on parcels with direct
access to a principal arterial (i.e., Highway 101) in the Brinnon Planning Area – Remote Rural (BRPA RR) overlay
district:
(a) Heavy equipment repair shop;
(b) Autobody work or paint shop; and
(c) Large-scale furniture stripping.
(4) The following occupations are prohibited as cottage industries in all of unincorporated Jefferson County:
(a) Commercial shooting facilities or uses that are associated with shooting firearms .; and,
(b) Marijuana recreational processor.
(5) All cottage industries shall be subject to the following standards, except as provided for in the West End
Planning Area and Brinnon Planning Area – Remote Rural overlay districts as specified in Article VI-L of Chapter
18.15 JCC, Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning Area:
(a) The cottage industry shall be operated by at least one full -time, bona fide resident in a single-family residence of
the parcel on which the proposed use is being requested.
(b) The cottage industry may not employ more than four employees on the site who reside off the subject property.
Auto and truck repair shall only employ two persons on the site who reside off the subject property.
(c) Only those buildings or areas as specifically approved by the county may be utilized in the conduct of business.
(d) Any business requiring customers to visit the site shall provide adequate on-site parking spaces, in addition to
one for each full-time equivalent employee who resides off the subject property, and two for the owners of the
property. All parking spaces shall meet the standards of JCC 18.30.100.
(e) All structures and outside activities shall be so located or screened from adjacent properties to avoid disturbances
through glare, noise, dirt or other nuisances or hazards.
(f) All activity related to the conduct of the business or industry, except for activities related to the growing and
storing of plants, shall be conducted within an enclosed structure or be sufficiently scree ned from view of adjacent
residences.
(g) All cottage industry activities shall be sufficiently screened from view of adjacent residences, using site location,
topography, landscaping, fencing, the retention of native vegetation, or a combination thereof n ecessary to meet the
Type A screening requirements of JCC 18.30.130.
(h) Traffic generated by the cottage industry shall not exceed the level of service adopted for the public roadway
which accesses the use, nor generate significant traffic in excess of that normally generated by typical uses found
within the particular district.
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The Jefferson County Code is current through Ordinance 08 -20, passed November 16, 2020.
(i) No business may provide drive-through service.
(j) Cottage industries shall be limited in their hours of operation. No business on -site customer service shall be
conducted before 8:00 a.m. or after 8:00 p.m., Monday through Friday, and before 9:00 a.m. or after 6:00 p.m.,
Saturday and Sunday.
(k) The administrator may attach additional conditions or requirements, or may make modifications to the site plan
where necessary to protect the health, safety and welfare of the public.
(l) The granting of the proposed cottage industry use shall not constitute a rezone. No expansions of approved
cottage industries are permitted, except as specified in Article VI-L of Chapter 18.15 JCC, Remote Rural Overlay
Districts for the West End Planning Area and the Brinnon Planning Area, concerning the rural remote overlay
districts.
(m) No exterior display of goods for sale shall be allowed.
(n) The cottage enterprise is an accessory use to the residential use of a dwelling unit, and the residential function of
the buildings and property shall be maintained.
(o) Any new structure constructed to accommodate the cottage industry shall be limited in scale so that it is in
character with neighboring properties. In no case shall more than 5,000 square feet of total building area on the
property be devoted to the cottage industry.
(p) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150.
(q) No on-site direct retail sales of products not produced on site are allowed, except for items collected, traded and
occasionally sold by hobbyists, such as coins, stamps and antiques, and their accessories.
(r) Minimum parcel size shall be one acre gross site area.
(s) No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, odor,
or electrical interference to the detriment of the quiet use and enjoyment of adjoining and surrounding property. Any
after-hours business activities shall not have noise impacts discernible beyond the property boundaries.
(t) Not more than one cottage industry shall be allowed in or on the same premises.
(u) The proposed cottage industry shall comply with the standards and requirements of the Jefferson County
environmental health department.
(v) Where shooting firearms is associated with a cottage industry at a property, such property shall be considered a
commercial shooting facility, which is prohibited.
(6) Auto repair and service proposals are subject to the following additional requirements:
(a) The proposal shall submit a detailed operating plan in compliance with the latest edition of the Washington State
Department of Ecology’s Guide for Automotive Repair Shops identified as Publication No. 92 -BR-16.
(b) The proposal shall include an operating plan which complies with the Department of Ecology’s SMM. The
submittal shall include a stormwater management plan in compliance with Chapter 18.30 JCC and include
supplemental information which addresses and complies with Volume IV-2.1 and 2.2 of the SMM.
(c) The operation shall be limited to two stalls or bays for repair and servicing.
(d) The cottage industry shall not store more than three vehicles at any one time awaiting or departing for or from
servicing or repair. This excludes the vehicles being actively serviced in the facility.
(e) A 50-foot buffer shall be maintained from the structure housing the auto repair and service to all adjacent
property lines. [Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]