17.100.045 Conditions for permitting marijuana retailers.
An administrative conditional use permit shall be required in order to operate as a marijuana retailer in the city of Stanwood. In order to issue an administrative conditional use permit for a marijuana retailer the community development director shall make all of the findings in subsection (1) of this section in addition to all of the findings in SMC 17.40.060. In addition, all standards listed in subsection (2) of this section must also be met prior to issuance of an administrative conditional use permit for a marijuana retailer.
(1) Findings.
(a) The proposed use will be effectively contained and screened by means of fencing and/or landscaping or a combination of fencing and landscaping, if required.
(b) The proposed development or use complies with SMC 17.112.030 and 17.112.040.
(c) The proposed use complies with all required additional standards contained within this title.
(d) Proof that a license to operate as a marijuana retailer has been issued by the State Liquor and Cannabis Board.
(2) Retailers. Marijuana retailers may operate in the city pursuant to the following conditions and restrictions:
(a) Marijuana retailers must comply with all requirements of state law, Washington State Liquor and Cannabis Board and the city;
(b) Marijuana retailers may not locate within 1,000 feet of any parcel containing an elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged 21 years or older;
(c) Customer parking for marijuana retailers must be on the public street side of the structure in which the marijuana retailer is located and may not be off of or adjacent to an alley. However, staff parking and business deliveries may occur on the alley side of the structure;
(d) Vehicular access to the parking lot for a marijuana retailer shall be from the public street frontage and may not be from an alley. Any property located on a street from which vehicular access to the site from the street is prohibited shall not be allowed for use as a marijuana retailer;
(e) Marijuana retailers shall be fully contained within a permanent structure compliant with the city building code and constructed under a building permit from the city regardless of the size or configuration of the structure;
(f) Marijuana retailers shall have an installed and operational security system that is monitored 24 hours a day;
(g) Marijuana retailers shall restrict hours of operation to increase compatibility with surrounding land uses from 9:00 a.m. to 9:00 p.m. daily;
(h) Marijuana retailers shall not be allowed on any parcel that is contiguous to a parcel containing a residential use, unless the community development director finds all of the following:
(i) There is a physical separation between the two uses, such as another commercial building, or a substantial change in topography;
(ii) The marijuana retail use is located in a shopping center as one of multiple tenants with adequate parking for all uses and access as stated in subsections (2)(c) and (d) of this section;
(iii) The building in which the marijuana retail use is located faces the commercial street and the residential use faces a residential street in the opposite direction, without a shared alley between the two;
(iv) The residential use is located at least 50 feet from the common lot line between the two uses;
(i) In reviewing a proposed marijuana retailer use under this section, as a condition of issuance of an administrative conditional use permit, the community development director shall have the authority to require improvements including, but not limited to, fencing and/or landscaping to screen the retail use from the residential use;
(j) The front facade of marijuana retail stores shall consist of storefront window(s), doors, and durable, quality building materials consistent with the design standards of the zone in which the property is located. Transparency requirements for windows shall apply unless in conflict with Washington State Liquor and Cannabis Board regulations. If located in a zone without design standards, at least three of the following shall be provided:
(i) Special treatment of windows and doors, other than standard metal molding/framing details, around all ground floor windows and doors, decorative glazing, or door designs.
(ii) Decorative light fixtures with a diffuse visible light source or unusual fixture.
(iii) Decorative building materials, such as decorative masonry, shingle, brick, or stone.
(iv) Individualized patterns or continuous wood details, decorative moldings, brackets, trim or lattice work, ceramic tile, stone, glass block, or similar materials.
(v) Use of a landscaping treatment as part of the building’s design, such as planters or wall trellises.
(vi) Decorative or special railings, grill work, or landscape guards.
(vii) Landscaped trellises, canopies, or weather protection.
(viii) Sculptural or hand-crafted signs.
(ix) Special building elements, such as pilasters, entablatures, wainscots, canopies, or marquees that exhibit nonstandard designs.
(x) Other similar features or treatment that satisfies the intent of the guidelines as approved by the city.
(3) Additional Restrictions/Limitations. In addition to the requirements and limitations set forth in subsections (1) and (2) of this section, marijuana retailers shall be subject to the following:
(a) The maximum number of retail marijuana stores allowed in the city of Stanwood shall not exceed one.
(b) Measurements. Distances provided under this section shall be measured as the shortest distance between the perimeters of the parcels at issue.
(c) Compliance. Marijuana retailers are required to acquire all necessary business licenses and are required to comply with municipal tax regulations and all other applicable city ordinances and regulations.
(d) Establishment. The city will not accept a business license application for a recreational marijuana business prior to the applicant providing the city a copy of a letter from the Washington State Liquor and Cannabis Board indicating that the applicant has been approved for a state-issued recreational marijuana license. The city will process business license applications for recreational marijuana businesses in the order in which they are accepted.
(e) Inspection. An inspection of the proposed marijuana related use by the city shall be required prior to opening such a use. Such inspection shall occur after the premises are ready for operation, but prior to the stocking of the business with any marijuana product, and prior to the opening of the business. The inspection is to verify that the business facilities are constructed and can be operated in accordance with the application submitted and the applicable requirements of the code and any other applicable law, rule or regulation.
(f) Enforcement. Any violation of this section is subject to enforcement under the provisions of SMC Title 13 or through action of the city attorney seeking injunctive or other civil relief in any court of competent jurisdiction. The violator will be responsible for costs, including reasonable attorney fees.
(4) Any and all permits for the use or construction of facilities to produce, process or sell marijuana in the city of Stanwood shall bear the following warning:
The sale and use of marijuana are a criminal activity under federal law and may subject any person engaging in such conduct to prosecution under federal law. The issuance of this permit by the City of Stanwood carries out a Washington State regulatory scheme, but does not affect the application of federal law to the permittee.
(Ord. 1456 § 5, 2018; Ord. 1344 § 4, 2013).