HomeMy WebLinkAboutOrdinance 23-067-CCORDINANCE 3" [�o _� - 0C,
AN INTERIM ORDINANCE ADOPTING A SIX-MONTH MO
RATORIUM
ON THE ESTABLISHMENT, RE -LOCATION OR LICENSURE OF
FACILITIES, PROPERTIES, OR BUSINESSES INVOLVING THE
PRODUCTION AND PROCESSING OF RECREATIONAL
MARIJUANA
OR MARIJUANA INFUSED PRODUCTS AND DIRECTING THE
SCHEDULING OF A PUBLIC HEARING
WHEREAS, Washington voters passed Initiative 502 at the November 2012 General
Election;
WHEREAS, said Initiative in part authorized effective December
6, 2012 adults twenty-
one years of age or above to legally possess, under State of Washington
• • gt law, up to one ounce of
marijuana, or sixteen ounces of marihuana-infusedroduct or seventy-two p � my two ounces of maria uana-
info
sed product in liquid form;
WHEREAS, I-502 provides for the State licensure ofroducers
rip ,processors, and retailers
of ma'uana b
y December 1, 2013 in accordance with the Washington State Liquor
' � q Control
Board's s (WSLCB) promulgation of rules for such;
WHEREAS, following the adoption of final rules and the issuance of recreational
marijuana licenses, ithe Washington State courts and Washington Attorney torney General declared that
I-502 left n place the normal powers of local government to regulate businesses within their
jurisdiction, including the production, processing,and retail sale •
o f recreational maria uana,
WHEREAS, County residents have expressed concern about the'
real and potential
effects of marijuana facilities on neighboringproperties and neighborhoods;
p p
WHEREAS, the Department of Ecology and Grant Count Building ng and Planning have
expressed concern regarding illegal usage of U.S. Bureau of Reclamation waters, and the
unmonitored and over usage of well water sited in agricultural areas of
.. � Grant County in the
growing and production of marihuana;
WHEREAS, RCW 36.70A.390 and RCW 3 6.70.795 authorize the County
Commissioners to adopt a moratorium, interim zoningordinance, or , or interim official control,
without notice and public hearing, provided that the Count holds ds a public hearing within 60
days after the adoption of the moratorium, interim zoningordinance, nance, or interim official control
and adopts findings of fact justifying the action immediate) aft '
y after such public hearing;
WHEREAS, a six-month moratorium is necessary to reserve the he status quo and provide
the County Commissioners time to consult with relevant County departments and modify the
Grant County code to address such enumerated concerns •
1
WHEREAS, said moratorium is in the best interests of Grant County and is necessary to
preserve the public health, safety, and welfare of the citizens;
WHEREAS an interim ordinance adopted under RCW 36.70A.390 and RCW 3 6.70.795
may be effective for no longer than six (6) months but ma be � y of fective for up to one year if a
i
work plan s developed for related studies providing for such a 1 '
p g longer period, and maybe
renewed for one or more six-month periods if a public subsequent u
q p hearing is held and findings of
fact are made prior to each renewal;
WHEREAS a moratorium is a recognized technique to avoid a '
wheneverq rush for permits
a community decides to change its planning ordinances;
NOW THEREFORE, the Board of Grant Count Commissioner •
Y s ordains as follows.
Section 1: Moratorium Imposed. Pursuant to the laws oft '
he State of Washington, a
moratorium is hereby imposed prohibiting within all areas of
unincorporated Grant County the establishment re -location or
... . � licensure,
of facilities, properties, or businesses involving the production
. g p nor
processing of recreational marijuana and marijuana infusedroducts.
While said moratoriump
is in effect no building permit, occupancyermit
other development permit p
p p 't or approval, or business license shall be issued
for any of the purposes or activities set forth above. Should'
any permits or
licenses be issued in error for the aboveu oses or activities, p rp es, such shall
be null and void.
Section 2: Duration. The moratorium imposed b this ordinance •
p y finance shall continue in
effect for six consecutive months from its effective date unless repealed or
modified by the Board of Grant County Commissioners in accordance
with applicable law.
Section 3: Public Hearing. Pursuant to RCW 36.70A.390
the Board of Grant
County Commissioners shall hold a public. hearingthis on moratorium
within sixty days of the adoption of this moratorium, issuance of findings
of fact to immediately follow, to be held:
Date: 08/08/2023
Time: 3:20 p.m.
Location: Grant County Commissioners Hearing Room #10 1, Courthouse,
Ephrata, WA
Section 4: Vesting. This ordinance does not apply an 1 to '
y uses legally established,
permits issued, or complete applications submitted before the effective
ffective
date of this ordinance.
2
Section 5: Severability. If any section, sentence or portion of this '
p ordinance or its
application to any person or circumstance should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this ordinance or its
application to any other person or situation.
Section 6: Effective Date. This ordinance shall become effective on the date of its
adoption set forth below.
APPROVED AND ADOPTED this day Yof Jul, 2023.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Rob Jones Chair
Cindy Cartr, Member
Danny E. tone, Member
ATTEST:
•'Y �� air,21
A^
B } "ba a J. Vasquez/
ler
Zof the Board
APPROVED AS O .
'4 P
A
ar aria� G. D6f
Deputy Prosecuting Attorney
Grant County Prosecutor's Office
WSBA # 53946