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HomeMy WebLinkAboutOrdinance 24-006-CCORDINANCE �) — UU (0 — CL AN INTERIM ORDINANCE RENEWING THE 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 extension 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 and Unified Development Plan to address such enumerated concerns; ORDINANCE V - 0 C -)(P " C �- I 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 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 Renewed. Pursuant to the laws of the State of Washington, the moratorium is hereby renewed 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 renewed 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 held a public hearing on this moratorium prior to its renewal, held / --eP 3 -';, 1� . 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. 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. ORDINANCE 9 Y-00� "�� 0)