HomeMy WebLinkAbout4670 Ordinance - Amending Sections in PMC Titles 9 & 25 Related to Cannabis Retail FacilitiesORDINANCE NO.4670
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, AMENDING SECTION 9.90.040 OF THE PASCO
MUNICIPAL CODE (PMC), AMENDING SECTION 9.95.030 PMC, AND
AMENDING SECTION 25.10.020 PMC, CREATING A NEW SECTION
25.10.025 PMC, AND AMENDING SECTIONS 25.15.050C, 25.85.020,
25.90.020, 25.100.020, 25.115.020, 25.120.020 AND 25.125.020 PMC,
RELATING TO CANNABIS RETAIL FACILITIES.
WHEREAS, as noted in City of Pasco Resolution No. 4328, after an extensive public
outreach process and discussion at multiple meetings, the City Council has asked the City Staff to
prepare an Ordinance for consideration that would allow the City of Pasco to lift the ban on retail
sales of cannabis and allow retail sales in certain zones; and
WHEREAS, State Initiative 502 (" 1-502"), approved by voters of Washington State in
November of 2012, provides a framework for licensing and regulating the retail sale and use of
cannabis purchased from State -licensed businesses; and
WHEREAS, under 1-502, the Washington State Liquor Cannabis Board is tasked with the
responsibility to adopt regulations governing the licensing and operation of cannabis producers,
processors, and retailers; and the Board has set these regulations; and
WHEREAS, the City intends to develop appropriate zoning and land use regulations to
accommodate the retail sale of cannabis that do not conflict with Washington State Law; and
WHEREAS, the City has considered and evaluated amendments to City regulations
regarding the retail uses of cannabis and cannabis retail facilities and directed staff to return with
an Ordinance only allowing the retail sale of cannabis in C-1, C-2, C-3, I-1, I-2, and I-3 zone(s).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Section 9.90.040 entitled "Specific nuisances," [Ch 9.90 — Public Nuisances]
of the Pasco Municipal Code is amended to read as follows.
9.90.040 Specific nuisances.
The following specific acts, omissions, places, conditions, and things are declared
to be nuisances: The erecting, maintaining, using, placing, depositing, leaving or
permitting to be or remain in or upon any private lot, building, structure or premises,
or in or upon any sidewalk, street, avenue, alley, park, parkway, or other public or
private place in the City, of any one or more of the following disordered, disturbing,
unsanitary, fly- and/or mosquito -producing, rat -harboring, disease -causing places,
conditions or things, that is to say:
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Related to Retail Sales of Cannabis - 1
(1) The keeping or harboring of any dog or cat which by frequent or habitual
howling, yelping, or barking annoys or disturbs the comfort or repose of any person
or persons in the vicinity.
(2) The keeping of rabbits, chickens, goats, pigs, bees, mules, horses, mink,
dogs, cats, muskrats, or any other animals within the City limits of the City that are
of such nature as to create offensive smells, noises and conditions in the vicinity in
which they are kept.
(3) Unnecessary tooting of automobile horns; unnecessarily loud playing radios
in automobiles; or radios, phonographs, televisions or other sound equipment in
other places so as to obstruct the reasonable and comfortable use of the adjoining
property within the corporation limits of the City.
(4) Any putrid, unsound, or unwholesome bones, meat, hides, skins, or the
whole or any part of any dead animal, fish, or fowl;
(5) Privies, vaults, cesspools, dumps, pits or like places which are not securely
protected from flies or rats, or which are foul or malodorous.
(6) Filthy, littered or trash -covered cellars, house yards, barnyards, stable yards,
factory yards, vacant areas in rear of stores, vacant lots, houses, buildings,
alleyways, or premises; or placing, dropping, disposing, throwing away, or
otherwise discarding litter, garbage, refuse, cans, bottles, paper or paper material,
metal, organic or inorganic material, upon property other than in receptacles or
areas as designated in Chapter 8.05 PMC.
(7) Animal manure in any quantity which is not securely protected from flies
and the elements, or which is kept or handled in violation of any ordinance of the
City.
(8) Poison oak, poison ivy, or poison sumac (whether growing or otherwise),
liquid household waste, human excreta, garbage, butchers' trimmings and offal,
parts of fish or any waste vegetable or animal matter in any quantity; provided, that
nothing herein contained shall prevent the temporary retention of waste in
receptacles in the manner approved by the Health Officer of the City nor the
dumping of nonputrifying waste in a place and manner approved by the Health
Officer.
(9) Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal
articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken
plaster, automobile bodies and/or parts, and all such trash or abandoned material,
unless the same be kept in covered bins or galvanized iron receptacles approved by
the Health Officer.
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(10) Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing
cases, mattresses, bedding, excelsior, packing hay, straw, or other packing material,
lumber not neatly piled, scrap iron, tin and other metal not neatly piled or anything
which may be a fire danger.
(11) Any unsightly building, billboard, fence, excavation, or other structure; or
any abandoned or partially destroyed building, fence, excavation or structure; or
any building, fence, excavation or structure commenced and left unfinished.
(12) All places used or maintained as junkyards, or dumping grounds, or for the
wrecking or disassembling of automobiles, trucks, tractors, or machinery of any
kind; or for the storing or leaving of worn-out, wrecked or abandoned automobiles,
trucks, tractors, or machinery of any kind; or of any of the parts thereof, or for the
storing or leaving of any machinery or equipment used by contractors or builders
or by other persons, which places are kept or maintained so as to essentially
interfere with the comfortable enjoyment of life or property by others.
(13) The act of butchering of any animal or fowl unless such act is performed
within a building or other enclosure which prohibits view or sound of such act from
other private or public property; or to bring any live animal or live fowl to any lot,
parcel or tract of land in any residential district for the purpose of slaughtering or
butchering the animal or fowl; or to engage in the act of slaughtering or butchering
any such live animal in a residential district; or to dry any meat of any animal or
fowl unless such act is performed within a building or enclosure which prohibits
the view of such act from other public or private property.
(14) The drying of any clothing, sheets, towels, or other laundry in any yard area
of any property in any residential district of the City on any structure, vegetation or
foliage, except on clotheslines specifically erected for that purpose in the rear yard
area of the property as defined in PMC 25.15.270.
(15) Lawns, shrubs, trees or other plantings that have been dead for more than
three frost -free months; and any front or rear yard areas on any lot, parcel or tract
of land in a residential district of this City that has become populated with weeds
to the extent that it subjects neighboring residential properties to weed growth.
(16) Weeds, noxious weeds, grass, and other vegetation which constitutes a fire
hazard, encroaches on sidewalks or neighboring properties, is damaging public
improvements, impairs the visibility of traffic signs or signals, and/or has reached
a height of 12 inches.
(17) The possession or storage of amounts of marijuan cannabis or
cannabis -infused products for- personal • n* r f r . ediOa o ,:*'�
state meth al lieenso in any amount greater than allowed by Washington State
statutes, or in amounts in violation of any provision of Washington State statutes.
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(18) The indoor production or growing of marina cannabis or Ana
cannabis -infused products, in any amount without a state medical license, or with
a state medical license and in amounts greater than restrictions placed in
Washington State statutes.
(19) The indoor- storage, production, growing, or any method of use of
cannabis or marijuana cannabis products, with or without a state medical license,
when any portion of such activity creates dust, glare, heat, noise, noxious gases,
odor, smoke, traffic, vibration, or other impacts, or is hazardous due to use or
storage of materials, processes, products or wastes, or when there is any evidence
that such activities are visually observable or recognizable by odor from a public
right-of-way or from any other private property, or when a reasonable person would
ascertain that such activities are taking place.
(20) The outdoor storage, production, or growing of marijuana cannabis or
marijuana cannabis products.
(21) The outdoor use of mat4jiia+i cannabis or maRjua-m cannabis products,
with or without a state medical license, when any portion of such activity creates
dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other
impacts, or is hazardous due to use or storage of materials, processes, products or
wastes, or when there is any evidence that such activities are visually observable or
recognizable by odor from a public right-of-way or from any other private property,
or when a reasonable person would ascertain that such activities are taking place.
[Ord. 4304, 2016; Ord. 2980 § 1, 1994; Ord. 2274 § 1, 1981; Ord. 1972 § 8, 1978;
Ord. 1806 § 1, 1976; Code 1970 § 9.60.030; Code 1954 § 10-4.12.]
Section 2. That Section 9.95.030 entitled "Definitions," [Chronic Nuisances] of the Pasco
Municipal Code is amended to read as follows.
9.95.030 Definitions.
For purposes of this chapter, the following words and phrases shall mean:
"Abandoned property," for purposes of defining a chronic nuisance, means real
property over which the person in charge no longer asserts control due to death,
incarceration, or any other reason, and which is either unsecured or subject to
occupation by unauthorized individuals.
"Abate" means to repair, replace, remove, destroy, or otherwise remedy a condition
which constitutes a violation of this chapter by such means and in such a manner
and to such an extent as the responsible official determines necessary in the interest
of the general health, safety and welfare of the community.
"Chronic nuisance property" means a premises, structure, or property, including
adjacent sidewalks, parking areas and common areas, on which:
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(a) Nuisance activity has occurred on three or more separate occasions
during any 60-day period, or on which four or more nuisance activities have
occurred on separate occasions during any six-month period, or on which
nuisance activity has occurred on seven or more separate occasions during
any 12-month period; or
(b) Pursuant to a valid search warrant, evidence of drug -related activity
has been identified two or more times on separate occasions within a 12-
month period; or
(c) Any property that the City can demonstrate by a preponderance of
the evidence is the cause of nuisance activities that are occurring on other
properties adjacent to or in proximity to the property itself, where such
nuisance activities occurring on such other property meet the definition of
nuisance activity as defined herein; or
(d) Any abandoned property where nuisance activity exists.
"Drug -related activity" means any activity at a property which consists of the
manufacture, delivery, sale, storage, knowing possession, use or giving away of
any controlled substance as defined in Chapter 69.50 RCW, legend drug as defined
in Chapter 69.41 RCW, or imitation controlled substance as defined in Chapter
69.52 RCW. Possession of mftFqua*a cannabis that is legal under Washington State
law shall not result in enforcement action under this chapter.
"Nuisance activity" shall mean any of the following activities, conduct, or behavior,
whenever engaged in by owners, managers, operators, tenants, occupants or guests
of the premises, or other persons that frequent or are associated with the premises:
(a) Violations of Court orders as provided in PMC 9.10.020 and
9.10.030.
(b) Violations of Chapter 9.15 PMC, including disorderly conduct,
failure to disperse, simple assault, malicious harassment, reckless
endangerment, and disorderly place.
(c) Violations of Chapter 9.20 PMC, personal harassment.
(d) Violations of Chapter 9.25 PMC, indecent exposure and lewd
conduct.
(e) Violations of Chapter 9.30 PMC, prostitution and related activities.
(f) Violations of Chapter 9.50 PMC, firearms and dangerous weapons.
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(g) Violations of Chapter 9.55 PMC, gambling.
(h) Violations of Chapter 9.45 PMC, offenses involving drugs, or in
violation of Chapters 69.50 and 69.43 RCW.
(i) Violations of Chapter 9.60 PMC, theft.
0) Violations of RCW 9A.40.100 and 9A.88.060, human trafficking.
(k) Violations of PMC 6.05.330 and 6.05.340, dangerous or potentially
dangerous animals.
(1) Violations of Chapter 9.85 PMC, criminal mischief.
(m) Execution of criminal arrest warrants, search warrants or criminal
arrests on the property.
(n) Violations of Chapter 9.94A RCW, criminal street gang related
offenses.
(o) Violations of RCW 59.18.030, gang -related activity.
(p) Possession of stolen vehicle, RCW 9A.56.068.
(q) Any civil code violation as defined by state law or local ordinance
occurring on the property, including, but not limited to, the following
activities, conditions or behaviors:
(i) Fire hazard due to vegetation and/or debris, PMC 9.90.040.
Fire code violations which endanger the public as identified by the
responsible official, Chapter 16.65 PMC.
(ii) An abandoned or vacant building, structure, or part thereof
not securely closed to unlawful entry, PMC 9.90.050.
(iii) Failure to meet minimum habitability standards, as set forth
in Chapter 3 of the IPMC, in an occupied dwelling unit and other
habitable spaces offered for let, lease, or rent.
"Person in charge" means any person or entity in actual or constructive possession
of the property, including but not limited to an owner as determined by the records
of the Franklin County Auditor, lessee, tenant, occupant, agent, or manager with
the express or implied control of the property.
"Property," for the purposes of this chapter, means real property, unless the context
indicates otherwise.
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"Responsible official" means the Chief of Police or Director of Community and
Economic Development, or any applicable department director as defined by PMC
1.40.030, or their respective designees.
"Violation" means a criminal conviction, civil judgment, issuance of a civil penalty,
issuance of a notice of violation, or any act or conduct which the City can establish
by a preponderance of the evidence exists or has occurred regardless of whether
such act resulted in a criminal charge or civil penalty. [Ord. 4532 § 2, 2021; Ord.
4357, 2017; Ord. 4289 § 1, 2016; Code 1970 § 9.63.020. Formerly 9.95.020.]
Section 3. Section 25.10.020 entitled "Conflicting provisions" of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows.
25.10.020 Conflicting provisions.
(1) Where this title imposes a greater restriction upon land, buildings, or
structures than is imposed or required by other rules, regulations, standards,
policies, ordinances, contracts, covenants public or private, deeds, or statutes
lawfully adopted by the City of Pasco, the provisions of this title shall govern and
take precedence. In the case of conflicts between the text, maps and tables of this
title, the text shall govern unless otherwise stated.
(2) MafrijuanaCannabis-related land uses such as mar-ijuan cannabis
production, processing- and/or �Aeetive gafdens of dispenga
cooperatives as may otherwise be allowed by state law are expressly prohibited
from locating or operating in any zone within the City of Pasco. [Ord. 4166 § 1,
2014; Ord. 4110 § 4, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.08.020.]
Section 4. That a new Section 25.10.025 entitled "Cannabis retail facilities" of the Pasco
Municipal Code shall be and hereby is created and shall read as follows.
25.10.025 Cannabis retail facilities.
Cannabis retail facilities as defined in Section 25.15.050C of this code may be
allowed when licensed by the city and in accordance with state law in those zoning
districts identified in this title, subject to the followinw.
(1) Notwithstanding the number of zoning districts identifying cannabis retail
facilities as pennitted uses the total number of cannabis retail facilities allowed in
the city shall not exceed three (3) in total for the whole city, or not exceed four (4)
in total for the whole city if one of the cannabis retail facilities located within the
city is licensed by the State of Washington as a social equity licensee.
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(2) Except as provided in Section 3 below, a cannabis retail facility may not be
located within one thousand feet of the perimeter of the grounds of any of the
following entities/uses:
(a) elementary or secondary school;
(b) playground;
(c) recreational center or facility
child care center:
(e) public park;
(#) public transit center;
(g) library
(h) any game arcade where admission is not restricted to persons age
twenty-one or older.
For purposes of these standards, these uses are defined in WAC 314-55, as
amended.
(3) As provided in RCW 69.50.331 and WAC 314-55-050, the City finds that
the reduction in buffers for recreation centers or facilities, child care centers,_ public
parks, public transit centers, libraries, and game arcades where admission is not
restricted to_person's ag_e 21 or older, will not negatively impact the City's civil
regulatory enforcement, criminal law enforcement interests, public safety, or public
health. Therefore, the City establishes the following buffers for cannabis retailers
for legal conforming lots bound by North 5' Avenue, West Clark Street, North 2nd
Avenue, and West Columbia Street, as stated below:
(a) recreation center or facility — one hundred (100) feet:
(b) child care center — one hundred (100) feet;
(c) public park — one hundred (100) feet;
(d) public transit center - one hundred (100) feet;
(e) library - one hundred (100) feet;
any game arcade where admission is not restricted to persons age 21
or older — one hundred (100) feet.
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Related to Retail Sales of Cannabis - 8
For purposes of these standards, these uses are defined in WAC 314-55, as
amended.
(4) The owner or operator of a cannabis retail facility shall have the
responsibility to demonstrate that said facility is in compliance with the distance
requirements of this Section at the time of the approvals of its applications to the
Washington State Liquor and Cannabis Board and the City for its initial license.
(5) Measurement.
(a) The measurement of the separation distance in subsections (2) and
(3) above shall be measured as the shortest straight-line distance from the
property line of the applicable cannabis retail facility to the property line of
the entities/uses listed in subsections (22) and (33).
(b) The owner, tenant or operator of a protected use specified in
subsections (2) and (3) above shall not benefit from the separation
requirements of this Section if the owner, tenant or operator subsequently
chooses to locate within the required separation distance from a lawfully
located cannabis retail facility.
Section 5. That Section 25.15.050C entitled "Definitions" of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
25.15.050C Definitions.
"Camp/travel trailer/fifth wheel" means a structure designed to provide temporary
living quarters for recreational camping or travel use, constructed with integral
wheels to make it mobile and/or towable by motor vehicle.
"Camper (pickup)" means a structure designed to be mounted on a pickup or truck
chassis and with sufficient equipment to render it suitable for use as a temporary
dwelling for recreational use, camping or vacation use.
"Cannabis processor facility" or "cannabis processor facilities" shall mean any
business, whether licensed by the Washington State Liquor and Cannabis Board or
not, that processes, packages, markets and/or conducts wholesale sales of cannabis.
"Cannabis producer facility" or "cannabis producer facilities" shall mean any
business, whether licensed by the Washington State Liquor and Cannabis Board or
not, that cultivates, harvests and/or conducts wholesale sales of cannabis.
"Cannabis retail facility" or "cannabis retail facilities" shall mean a business or
businesses holding an active license issued by the Washington State Liquor and
Cannabis Board permitting it to conduct retail sales of cannabis pursuant to RCW
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69.50.301 et seg. and WAC 314-55, as such provisions may be amended from time
to time, and which license has not been suspended or revoked by the Washin tg on
State Liquor and Cannabis Board.
"Club, membership" means an organization catering exclusively to members and
their guests in premises and buildings for recreation and athletic purposes.
"Communication tower" means a freestanding or building -mounted structure,
including appurtenances and antenna, intended for airway communication
purposes, such as a television antenna or ham radio tower. This definition does not
include wireless communications towers defined under PMC 25.15.250.
"Community kitchen" means a facility that offers or provides meals and food to the
homeless and needy as its primary activity.
"Community service facilities" of the level one category include, but are not limited
to, day-care centers, nursery schools, hospitals, sanitariums, nonprofit community
health clinics, governmental and quasi -governmental activities, and related uses
which provide similar services for citizens; except any such use which limits the
activity solely to organizational or administrative office functions, whereby the
actual community service is provided elsewhere, shall be excluded from this
definition.
"Community service facilities" of the level two category include, but are not limited
to, drug abuse and alcoholic treatment centers, halfway houses, charitable
organizations, nonprofit service groups, juvenile care and treatment centers, crisis
residential centers, correctional work release facilities, correctional institutions,
juvenile delinquency homes and facilities, any and all facilities for incarceration or
detainment, temporary shelters, emergency housing facilities, community service
housing, missions, community kitchens, food banks, and other similar uses which
provide social, health and welfare service for citizens; except any such use which
limits the activity solely to organizational or administrative office functions,
whereby the actual community service is provided elsewhere, shall be excluded
from this definition.
"Community service housing" means a facility that principally offers or provides
subsidized housing on a daily, weekly or monthly basis and provides one or more
of the additional following services at a cost, if any, subsidized by charitable or
government agencies, including: (a) meals and food; (b) child or adult day-care
services; (c) employment, substance abuse or behavior counseling; and (d) medical,
dental or mental health services; regardless of whether such community social and
health welfare services are provided on premises or off the premises for the benefit
of such residents.
"Consignment store" means a retail establishment having up to but no more than
50 percent of its stock -in -trade in secondhand personal property as the term is
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defined in PMC25.15.210, offered for sale on behalf of others in return for a
commission, typically a percentage of the sales price. [Ord. 4110 § 5, 2013; Ord.
4066 § 1, 2012; Ord. 3642 § 1, 2003; Ord. 3514 §§ 3 — 5, 2001; Ord. 3354 § 2,
1999; Code 1970 §§ 25.12.135 — 25.12.157.]
Section 6. That Section 25.85.020 entitled "Permitted uses" [C-1 Retail Business District]
of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
25.85.020 Permitted uses.
The following uses shall be permitted in the C-1 district:
(1) All uses permitted in the O office district;
(2) Automobile detail shops and automobile rental or leasing;
(3) Banks;
(4) Dancing schools;
(5) Hotels and motels;
(6) Printing shops;
(7) Restaurants;
(8) Stores and shops for the conduct of retail business;
(9) Stores and shops for repair and similar services such as:
(a) Bakeries, retail for distribution from the premises;
(b) Barbershops and beauty shops;
(c) Catering establishments;
(d) Garage and filling stations, provided:
(i) All outdoor repair work is "minor" as defined by PMC
25.15.150; and
(ii) The garage or filling station conducting outdoor repair work
was in existence and conducting outdoor auto repair prior to
September 1, 2013; and
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(iii) The number of vehicles undergoing outdoor repair does not
exceed the capacity of the existing outdoor repair facilities, or no
more than two vehicles if there are no existing outdoor repair
facilities; and
(iv) The number of vehicles stored outdoors and awaiting
customer pick-up cannot exceed the capacity of the indoor and
outdoor auto repair facilities; and further provided, that all vehicles
must be kept on the business premises; and
(v) Pumps, lubrication or other devices are located at least 15
feet from any street property line; and
(vi) All stored automobile parts and dismantled or inoperable
automobiles are contained within the building, except material on
outdoor display racks.
(e) Laundromats and dry-cleaning establishments employing not more
than five persons;
(f) Locksmith shops;
(g) Offices;
(h) Membership clubs;
(i) Photo shops;
0) Shoe repair shops;
(k) Upholstery shops.
(10) Sign shops, commercial (no outdoor storage of materials);
(11) Theaters;
(12) Veterinarian clinics for household pets (no boarding or outdoor treatment
facilities);
(13) Parking lots within 500 feet of a C-2 district boundary, provided such lots
are paved and half of the required landscape is live vegetation; and provided further,
that any such property adjacent to a residential zoned parcel shall provide a sight -
obscuring fence along the common lot line(s) in accordance with residential fence
height requirements; and
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(14) Car washes provided they are located more than 300 feet from a residential
district.
(15) Cannabis retail facilities as defined in Section 25.15.050C PMC and
pursuant to Section 25.10.025 PMC. [Ord. 4197 § 1, 2014; Ord. 4121 § 2, 2013;
Ord. 4110 § 18, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.42.020.]
Section 7. That Section 25.90.020 entitled "Permitted uses" [C-2 Central Business
District] of the Pasco Municipal Code shall be and hereby is amended and shall read as follow:
25.90.020 Permitted uses.
The following uses shall be permitted in the C-2 district:
(1) Amusement game centers;
(2) Antique stores as defined by PMC 25.15.030;
(3) Artist and office supplies;
(4) Bakeries;
(5) Banks and financial institutions;
(6) Barber and beauty shops;
(7) Billiard and pool halls;
(8) Bookstores, except adult bookstores;
(9) Card rooms, bingo parlors, dance halls, nightclubs and similar places;
(10) Clothing, shoes and accessories, and costume rentals;
(11) Consignment stores (PMC 25.165.160) and thrift shops (PMC 25.165.170);
(12) Crafts, stationery and gift shops;
(13) Department and drug stores;
(14) Electronic sales and repair stores;
(15) Fresh and frozen meats, including seafood;
(16) Florists;
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(17) Furniture and home appliance stores;
(18) Galleries for art and restored or refinished antiques;
(19) Grocery stores with less than 10,500 square feet of gross floor area;
(20) Hardware and home improvement stores;
(21) Import shops;
(22) Jewelry and gem shops, including custom work;
(23) Offices for medical and professional services;
(24) Massage businesses;
(25) Membership clubs;
(26) Restaurants, sandwich shops, cafeterias and delicatessens;
(27) Sporting goods;
(28) Tailoring and seamstress shops;
(29) Tattoo shops or businesses;
(30) Taverns and bars;
(31) Theaters for movies and performances, except adult theaters;
(32) Public markets for fresh produce and craft work;
(33) Parking lots;
(34) Micro -breweries, micro -wineries and tasting rooms;
(35) Research, development and assembly facilities for component devices and
equipment of an electrical, electronic or electromagnetic nature;
(36) Home brewing and/or winemaking equipment sales;
(37) Dwelling units, provided the units are within the principal building, are all
above the ground floor of said building, the ground floor of said building is
designed or intended to be used for a use permitted in this section, and there is at
least one dedicated and off-street parking space for each unit; aw(I
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(38) Cannabis retail facilities as defined in Section 25.15.050C PMC and
pursuant to Section 25.10.025 PMC. [Ord. 4556 § 1, 2021; Ord. 4356 § 2, 2017;
Ord. 3354 § 2, 1999; Code 1970 § 25.44.020.]
Section 8. That Section 25.100.020 entitled "Permitted uses" [C-3 General Business
District] of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
25.100.020 Permitted uses.
The following uses shall be permitted in the C-3 district:
(1) All uses permitted in the C-1 /C-2 districts;
(2) Service stations;
(3) Laundry;
(4) Trucking, express and storage yards;
(5) Wholesale business;
(6) Heavy machinery sales and service;
(7) Warehouse;
(8) Landscape gardening and storage area for equipment and materials;
(9) Automobile sales and service;
(10) Mobile home and trailer sales and service;
(11) Lumber sales business;
(12) Veterinarian clinics for household pets (including indoor boarding
facilities); and
(13) Parking lots within 500 feet of a C-2 district boundary, provided such lots
are paved and the development complies with the landscape and fencing
requirements of the C-1 district, as enumerated in PMC 25.85.020(13);
(14) Contractor's plant or storage yard, provided such plant or yard is more than
300 feet from a residential district: and
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 15
(15) Cannabis retail facilities as defined in Section 25.15.050C PMC and
pursuant to Section 25.10.025 PMC. [Ord. 4110 § 20, 2013; Ord. 4011 § 1, 2011;
Ord. 3354 § 2, 1999; Code 1970 § 25.46.020.]
Section 9. That Section 25.115.020 entitled "Permitted uses" [I-1 Light Industrial District]
of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
25.115.020 Permitted uses.
Uses permitted in the I-1 district shall be:
(1) All uses permitted in the C-3 district;
(2) Building material storage yard;
(3) Trucking, express and storage yards;
(4) Contractor's plant or storage yards;
(5) Laboratories, experimental;
( 6) Automotive assembly and repair;
( 7) Kennels;
( 8) Creamery, bottling, ice manufacture and cold storage plant;
( (),) Blacksmith, welding or other metal shops, excluding punch presses over 20
tons rated capacity, drop hammers, and the like;
(T440) The manufacturing, compounding, processing, packaging of cosmetics,
pharmacology and food products, except fish and meat products, and the reducing
and refining of fats and oils;
( 44) Printing plant;
( 12) Parking lots within 500 feet of a C-2 district boundary, provided such lots
are paved and the development complies with the landscape and fencing
requirements of the C-1 district, as enumerated in PMC 25.85.020(13); and
13 Cannabis retail facilities as defined in Section 25.15.050C PMC and
pursuant to Section 25.10.025 PMC. [Ord. 4110 § 23, 2013; Ord. 3354 § 2, 1999;
Code 1970 § 25.52.020.]
Section 10. That Section 25.120.020 entitled "Permitted uses" [I-2 Medium Industrial
District] of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 16
25.120.020 Permitted uses.
Uses permitted in the I-2 district shall be:
(1) All uses not otherwise prohibited by law, but no residential buildings shall
be permitted; and
(2) Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag
storage, sorting or bailing shall be permitted, provided:
(a) An eight -foot, sight -obscuring fence must be constructed and
inspected prior to the issuance of a certificate of occupancy for use of the
goods. The fence shall be of solid single neutral color.
(b) No automobile or parts thereof, junk or salvage materials or parts
thereof shall be visible from any public right-of-way. All materials or parts
shall be located within the fenced area.
(c) Fire lanes shall be provided as required in the International Fire
Code.
(d) A performance bond for $1,000 shall be required prior to the
issuance of an occupancy permit, to ensure compliance with provisions of
this section. The bond shall remain in force as long as the use exists.
(e) The permit shall be granted for a period not to exceed two years, and
at the end of such period an inspection shall be made of the premises to
determine the advisability of renewing such permit.
Cannabis retail facilities as defined in Section 25.15.050C PMC and
pursuant to Section 25.10.025 PMC. [Ord. 3354 § 2, 1999; Code 1970 § 25.54.020.]
Section 11. That Section 25.125.020 entitled "Permitted uses" [I-3 Heavy Industrial
District] of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
25.125.020 Permitted uses.
The following shall be permitted in the I-3 zone:
(1) All uses not otherwise prohibited by law, except those listed in PMC
25.125.030.
(2)_ Cannabis retail facilities as defined in section 25.15.050C PMC and
pursuant to section 25.10.025 PMC. [Ord. 3354 § 2,1999; Code 1970 § 25.56.020.]
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 17
Section 12. Severability. If any one or more section, subsection, or sentence of this
Ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the
remaining portion of this Ordinance and the same shall remain in full force and effect.
Section 13 Savings. The existing Chapter 9.106 of the Pasco Municipal Code, which is
repealed and replaced by this Ordinance, shall remain in full force and effect until the effective
date of this Ordinance.
Section 14. Corrections by City Clerk or Code Reviser. Upon approval of the city attorney,
the city clerk and the code reviser are authorized to make necessary corrections to this Ordinance,
including the correction of scrivener's errors, drafting errors, clerical errors; Ordinance, section, or
subsection numbering; or references to other local, state, or federal laws, codes, rules, or
regulations.
Section 15. Effective Date. This Ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, on this 5' day of June,
2023.
agjas�
Mayor
ATTEST:
1
Debra Barham, CMC
City Clerk
Published: Gt R Z,023
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 18
APPROVED AS TO FORM:
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