HomeMy WebLinkAboutOrdinance 23-067-CC (002)ORDINANCE d .3 p— (:) (�_ � — e. �
AN AMENDED INTERIM ORDINANCE ADOPTING A SIX-MONTH
MORATORIUM 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 law, up to one ounce of
marijuana, or sixteen ounces of marijuana -infused product, or seventy-two ounces of marijuana -
infused product in liquid form;
WHEREAS, I-502 provides for the State licensure of producers, processors, and retailers
of marijuana by December 1, 2013 in accordance with the Washington State Liquor Control
Board's (WSLCB) promulgation of rules for such;
WHEREAS, following the adoption of final rules and the issuance of recreational
marijuana licenses, the Washington State courts and Washington Attorney General declared that
I-502 left in place the normal powers of local government to regulate businesses within their
jurisdiction, including the production, processing, and retail sale of recreational marijuana;
WHEREAS, County residents have expressed concern about the real and potential
effects of marijuana facilities on neighboring properties and neighborhoods;
WHEREAS, the Department of Ecology and Grant County Building 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 marijuana;
WHEREAS, RCW 36.70A.390 and RCW 3 6.70.795 authorize the County
Commissioners to adopt a moratorium, interim zoning ordinance, or interim official control,
without notice and public hearing, provided that the County holds a public hearing within 60
days after the adoption of the moratorium, interim zoning ordinance, or interim official control
and adopts findings of fact justifying the action immediately after such public hearing;
WHEREAS, a six-month moratorium is necessary to preserve the 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;
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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 effective for no longer than six (6) months, but may be effective for up to one year if a
work plan is developed for related studies providing for such a longer period, and may be
renewed for one or more six-month periods if a subsequent public hearing is held and findings of
fact are made prior to each renewal;
WHEREAS a moratorium is a recognized technique to avoid a rush for permits
whenever a, community decides to change its planning ordinances;
NOW THEREFORE, the Board of Grant County Commissioners ordains as follows:
Section 1: Moratorium Imposed. Pursuant to the laws of the 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 or
processing of recreational marijuana and marijuana infused products.
While said moratorium is in effect no building permit, occupancy permit,
other development permit 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 above purposes or activities, such shall
be null and void.
Section 2: Duration. The moratorium imposed by this ordinance 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 hearing on this 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 #101, Courthouse,
Ephrata, WA
Section 4: Vesting. This ordinance does not apply to any uses legally established,
permits issued, or complete applications submitted, before the effective
date of this ordinance.
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Section 5: Severability. If any section, sentence, or portion of this 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.
Section 7: Findings of Fact. The Board of County Commissioners, having had the
benefit of the public hearing as required by RCW 36.70A.390 held as
indicated in Section 3 above, adopt the above "WHEREAS" recitals as
findings of fact in support of its action as required by RCW 36.70A.390.
APPROVED AND ADOPTED this I LJ(J&,_ day of July, 2023.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Rob Jones, Chair
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Cindy Carter Mem er
Danny E. one, Member
ATTEST:
4Baffiaara J. vas u
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Clerk of the Boar
Deputy Prosecuting Attorney
Grant County Prosecutor's Office
WSBA # 53 946