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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