CITY OF MILTON ORDINANCE

Transcription

1 CITY OF MILTON ORDINANCE AN ORDINANCE OF THE CITY OF MILTON, WASHINGTON; ADOPTING PERMANENT REGULATIONS BANNING MARIJUANA RELATED BUSINESSES FROM LOCATING WITHIN THE CITY OF MILTON; REPEALING ORDINANCE AND SECTION OF THE MILTON MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; AND ESTABLISHING AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Milton enacted Ordinance adopting interim regulations on marijuana related uses including medical and recreational marijuana, and WHEREAS, the City of Milton enacted ordinance adopting a moratorium on all recreational marijuana related uses, and WHEREAS, the Washington State Attorney General has issued a formal opinion (AGO 2014 No.2) that states that local governments may ban marijuana businesses within their jurisdiction or impose stricter regulations than those in I-502; and WHEREAS, several local governments around the City, including Pierce County, have enacted moratoriums and bans on marijuana businesses resulting in the possibility that a disproportionate number of marijuana businesses will locate in the City of Milton; and WHEREAS, the City Council, deeming it to be in the public interest to not allow marijuana related uses within the City; and WHEREAS, the City issues a State Environmental Protection Act (SEPA) determination of Non-significance on October 2 nd 2014; and WHEREAS, the City Planning Commission held a public hearing on October 22 nd, 2014 prior to making a recommendation; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MILTON, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings of Facts: The recitals set forth above are hereby adopted as findings of facts. Section 2. Section of the Milton Municipal Code is hereby amended as follows. Residential Use Category Description of Use RS RM RMD MX B M-1 CF OS Accessory apartment acc 1 acc acc acc {BFP DOCX;1/ / } 1

2 Accessory structure larger than principal building Adult day care facility Adult family home Adult retirement community Apartment Assisted living facility Carport acc acc acc acc Dwelling, multifamily Dwelling, single-family Dwelling, two-family 2 Garage, private acc acc acc acc acc acc Group homes Mobile home park Parking area, private acc acc acc acc acc acc Swimming pool, private acc acc acc acc Commercial Use Category Adult entertainment business Ambulance service Amusement parks su2 su2 su2 su2 su2 Animal hospital Auction house/barn (no vehicle or livestock) Automobile service station Automobile wash Automobile, repair Automobile, sales Banks, savings and loan association Bety/barber shop Bed and breakfast Billiard hall and pool hall Child day care, commercial Child day care, family Commercial recreation < 2 ac. Commercial recreation > 2 ac. {BFP DOCX;1/ / } 2

3 Confectionery stores (see Retail sales) Convenience store Crematories and msoleums su1 su1 su1 su1 Department stores (see Retail sales) Drug stores (see Personal services) Dry cleaners (see Personal services) Electric vehicle infrastructure 5 acc acc acc acc acc Espresso stands Flea market Food markets and grocery stores Golf and athletic facilities su1 su1 su1 su1 su1 Greenhouses, private and noncommercial Hardware stores < 10,000 sf Hardware stores > 10,000 sf Health club acc acc Home ocation Horticultural nursery, wholesale and retail Hotel Inn Liquor stores Locksmiths Lumber yards Marijuana producers or processors, state licensed 6 Prohibited in all zoning districts Marijuana retailer, state licensed 6 Prohibited in all zoning districts Medical marijuana or cannabis collective gardens Prohibited in all zoning districts Mortuaries Motel Outdoor advertising display Pet shop Photographer s studio Radio and TV repair shops Recreational areas, commercial, including tennis clubs and similar activities su1 su1 su1 su1 su1 {BFP DOCX;1/ / } 3

4 Recreational areas privately operated su1 su1 su1 su1 su1 Recycling collection points acc acc acc acc acc acc Restrant Restrants, drive-through Retail <1,000 square feet Retail >1,000 square feet Rodeos su1 su1 su1 su1 Secondhand store Self-service storage facility acc acc Shoe stores or repair shop Sports arenas su1 su1 su1 su1 Stadiums su2 su2 su2 su2 Stationery store Studios (i.e., recording, artist, dancing, etc.) Swimming pool, commercial Taverns Theaters, enclosed Video store (rental, not adult) < 5,000 sf Video store (rental, not adult) > 5,000 sf Civic Use Category Ballfield su1 su1 su1 su1 su1 Bicycle paths, walking trails Church Club or lodge, private Fairgrounds su1 su1 su1 su1 Garage, public Heliports su2 su2 su2 su2 Hospitals and sanitariums Libraries Open-air theaters su1 su1 su1 su1 su1 Parking area, public acc acc acc acc acc acc Post office, branch or contract station Post office, distribution center or terminal {BFP DOCX;1/ / } 4

5 Public parks Schools, elementary or secondary Swimming pool, public Transit facilities, bus barns, park-and-ride lots, transit stations su1 su1 su1 su1 su1 Vocational schools/colleges Utilities Use Category Electric transmission substation Fuel storage tanks (underground, < 500 gal.) acc acc acc Fuel storage tanks (underground, > 500 gal.) Fuel storage tanks, above ground Public utility facilities (services) Public utility service yard Radio, cellular phone, microwave, and/or television transmission facilities or towers Sewage treatment plants Transfer station solid waste facility Industrial Use Category Blueprinting and photostating Buy-back recycling center Cabinet shops (see Industry, light) Cargo storage containers acc acc acc Carpenter shops (see Industry, light) Composting facilities su2 su2 su2 su2 Contractor yards Distributing plants (see Industry, light) Electric/neon sign assembly, servicing repair Freight terminal, truck Furniture repair (see Industry, light) Industry, light Machine shops, punch press up to five tons (see Industry, light) Motor vehicle impound yard in enclosed building (see Industry, light) Nontomotive, motor vehicle and related equipment sales, rental, repair and service Outdoor storage Paint shop (see Industry, light) {BFP DOCX;1/ / } 5

6 Parcel service delivery (see Industry, light) Pesticide application service (see Industry, light) Plumbing shop (see Industry, light) Plumbing supply yards (see Industry, light) Printing establishments Recycling processing centers su2 su2 su2 su2 Storage for transit and transportation equipment Tool sales and rental Trailer-mix concrete plant Upholstering Warehousing Welding shops and sheets metal shops Office/Business Use Category Medical-dental clinic Professional offices Resource Use Category Agricultural buildings acc acc acc acc Agricultural crops; orchards acc acc Livestock 3 Pasture Stable, private arena 3 Surface mining su2 su2 su2 su2 acc: Accessory Use : Authorized or Permitted Use : Conditionally Permitted Use su1: Type I Special Use su2: Type II Special Use 1 Minimum lot size 9,600 square feet. 2 Minimum lot size 12,000 square feet. 3 Maximum one animal/acre. 4 Subject to the limitations of MMC Battery exchange stations and rapid charging stations are only allowed in the MX, B, and M-1 zones. 6 Subject to limitations of MMC Section 3. Repealed: Ordinance and Section of the Milton Municipal Code are hereby repealed. Section 4. Severability: Should any section, paragraph, sentence, clse or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by {BFP DOCX;1/ / } 6

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