19.13.160 Marijuana.
A. Definitions. The terms “marijuana,” “marijuana processor,” “marijuana producer,” and “marijuana retailer” shall have the meanings set forth in RCW 69.50.101. “City” means the city of Everett.
B. Producers and Processors. Marijuana producers and marijuana processors may operate in the city of Everett, provided there is full compliance with all of the following provisions:
1. Marijuana producers and marijuana processors must comply with all requirements of state law, the Washington State Liquor and Cannabis Board, and the city;
2. Marijuana producers and marijuana processors may locate only within the LI1, LI2, and HI zones;
3. Marijuana producers and marijuana processors may not locate within one thousand feet of any parcel zoned as residential (R-S, R-1, R-2, R-2(A), UR3 or UR4 zones);
4. Marijuana producers and marijuana processors may not locate within one thousand 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 to which admission is not restricted to persons aged twenty-one years or older;
5. Tier 2 and Tier 3 marijuana producers and/or processors may not operate or locate in the city; and
6. There shall be a minimum separation of one thousand feet between production and/or processing uses, measured as the shortest distance between the boundaries of the lot upon which each use is located.
C. Retailers. Marijuana retailers may operate in the city pursuant to the following restrictions:
1. Marijuana retailers must comply with all requirements of state law, Washington State Liquor and Cannabis Board and the city;
2. Marijuana retailers may locate only within the B, MU, LI1, LI2 and HI zones;
3. Marijuana retailers may not locate in neighborhood business (NB) zones;
4. Marijuana retailers may not locate in a building in which nonconforming retail uses have been established in residential zones (R-S, R-1, R-2, R-2(A), UR3 or UR4 zones);
5. Marijuana retailers may not locate within one thousand 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 twenty-one years or older;
6. Marijuana retailers may not locate within two thousand five hundred feet of any other legally established marijuana retailer;
7. 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;
8. 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 by the city engineer shall not be allowed for use as a marijuana retailer;
9. Marijuana retailers shall not be allowed on any parcel containing a residential use;
10. Marijuana retailers shall not be allowed on any parcel that is contiguous to a parcel containing residential use, unless the planning director, using Review Process II as described in Chapter 15.02 EMC, finds the following:
a. There is a physical separation between the two uses, such as another commercial building, or a substantial change in topography;
b. The retail use is located in a shopping center as one of multiple tenants with adequate parking for all uses and access as stated above;
c. The building in which the 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;
d. The residential use is located at least one hundred feet from the common lot line between the two uses;
11. In reviewing a proposed marijuana retailer under this section, the planning director shall have the authority to require improvements including, but not limited to, fencing or landscaping to screen the retail use from the residential use;
12. The front facade of 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:
a. 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.
b. Decorative light fixtures with a diffuse visible light source or unusual fixture.
c. Decorative building materials, such as decorative masonry, shingle, brick, or stone.
d. Individualized patterns or continuous wood details, decorative moldings, brackets, trim or lattice work, ceramic tile, stone, glass block, or similar materials.
e. Use of a landscaping treatment as part of the building’s design, such as planters or wall trellises.
f. Decorative or special railings, grill work, or landscape guards.
g. Landscaped trellises, canopies, or weather protection.
h. Sculptural or hand-crafted signs.
i. Special building elements, such as pilasters, entablatures, wainscots, canopies, or marquees that exhibit nonstandard designs.
13. The maximum number of retail marijuana stores allowed in the city of Everett shall not exceed eight. Any retail marijuana store hereafter established shall be certified as a medical marijuana provider by the Washington State Liquor and Cannabis Board.
D. Measurements. Distances provided under this section shall be measured as the shortest distance between the perimeters of the parcels at issue.
E. Compliance. Marijuana producers, marijuana processors, and 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.
F. Establishment. For purposes of the two-thousand-five-hundred-foot setback between marijuana retailers, marijuana retailers shall be considered to be legally established in the order in which they are issued a city of Everett business license. 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 recreational marijuana license. The city will process business license applications for recreational marijuana businesses in the order in which they are accepted.
G. Enforcement. Any violation of this section is subject to enforcement under the provisions of Chapter 1.20 EMC 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. (Ord. 3774-20 § 5(J) (Exh. 3), 2020.)