File #: 2013-0472    Version:
Type: Ordinance Status: Passed
File created: In control: Committee of the Whole
On agenda: Final action: 12/9/2013
Enactment date: 12/19/2013 Enactment #: 17710
Title: AN ORDINANCE relating to zoning; amending Ordinance 10870, Section 48, as amended, and K.C.C. 21A.06.040, Ordinance 10870, Section 334, as amended, and K.C.C. 21A.08.070, Ordinance 10870, Section 335, as amended, and K.C.C. 21A.08.080, Ordinance 10870, Section 336, as amended, and K.C.C. 21A.08.090, Ordinance 10870, Section 536, as amended, and K.C.C. 21A.30.080, Ordinance 15606, Section 20, as amended, and K.C.C. 21A.30.085 and Ordinance 10870, Section 537, as amended, and K.C.C.21A.30.090 and adding new sections to K.C.C. chapter 21A.06.
Sponsors: Larry Gossett
Indexes: Marijuana, Zoning
Code sections: 21A.06 - , 21A.06.040 - , 21A.08.070 - , 21A.08.090 - , 21A.30.080 - , 21A.30.085 - , 21A.30.090 -
Attachments: 1. Ordinance 17710.pdf, 2. 2013-0472 legislative review form.pdf, 3. 2013-0472 transmittal letter.pdf, 4. 2013-0472 fiscal note.xls, 5. 2013-0472 Department of Commerce Letter.pdf, 6. 2013-0472 summary table.DOCX, 7. 2013-0472 Regulatory Note.doc, 8. 2013-0472 Plain Language Summary.doc, 9. 2013-0472 Harry Reinert Email.pdf, 10. 2013-0472 Draft Notice.doc, 11. 2013-0472 Notice re zoning - marijuana new section to Chapter 21A06 hearing notice.doc, 12. Revised Staff Report 11-20-13.docx, 13. Amend 1 - CUP all uses.docx, 14. Amend 5 - (PCUP no outdoors) cmj edits (2).docx, 15. Amend 6 - (CUP- no outdoors) cmj edits (2).docx, 16. Amend 7 - (CUP yes outdoors) cmj edits (3).docx, 17. Amend 8 - (CUP I zone condition).docx, 18. 2013-0472 corresondence.pdf, 19. Amendment package for 17710 12-9-13.pdf, 20. 17710 and 17725 -- 2013-0472 and 2013-0524 Notice of Adoption a.pdf, 21. 2013-0472 re zoning - Affidavit of Publicatoin - Seattle Times.pdf
Drafter
Clerk 11/23/2013
Title
AN ORDINANCE relating to zoning; amending Ordinance 10870, Section 48, as amended, and K.C.C. 21A.06.040, Ordinance 10870, Section 334, as amended, and K.C.C. 21A.08.070, Ordinance 10870, Section 335, as amended, and K.C.C. 21A.08.080, Ordinance 10870, Section 336, as amended, and K.C.C. 21A.08.090, Ordinance 10870, Section 536, as amended, and K.C.C. 21A.30.080, Ordinance 15606, Section 20, as amended, and K.C.C. 21A.30.085 and Ordinance 10870, Section 537, as amended, and K.C.C.21A.30.090 and adding new sections to K.C.C. chapter 21A.06.
Body
      BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
      SECTION 1.  Ordinance 10870, Section 48, as amended, and K.C.C. 21A.06.040 are each hereby amended to read as follows:
      Agricultural product sales:  the retail sales of items resulting from the practice of agriculture, including primary horticulture products such as fruits, vegetables, grains, seed, feed and plants, primary animal products such as eggs, milk and meat, or secondary and value added products resulting from processing, sorting or packaging of primary agricultural products such as jams, cheeses, dried herbs or similar items.  Agricultural product sales do not include marijuana, usable marijuana or marijuana-infused products.
      NEW SECTION.  SECTION 2.  There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
      Marijuana:  all parts of the plant cannabis, whether growing or not, with a percentage concentration of delta-9 tetrahydrocannabinol content per dry weight of any part of the plant cannabis, or per volume or weight of marijuana product greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.  Marijuana does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
      NEW SECTION.  SECTION 3.  There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
      Marijuana greenhouse:  a structure with a glass or rigid plastic roof and glass or rigid plastic walls designed and used to create an artificial climate for the growing of marijuana as licensed by the Washington state Liquor Control Board for the marijuana production that is of sufficient strength and stability to comply with the structural design load requirements of the building code and that is not used as a place for human habitation or by the general public.
      NEW SECTION.  SECTION 4   There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
      Marijuana processor, recreational:  a facility licensed by the Washington state Liquor Control Board to process marijuana into useable marijuana and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers.  Recreational marijuana processors are classified as follows:
      A.  Recreational marijuana processor I -- processing which is limited to:
        1.  Drying, curing, and trimming; and
        2.  Packaging.
      B.  Recreational marijuana processor II -- all elements of processing including:
        1.  All recreational marijuana processor I activities;
        2.  Extracting concentrates and infusing products;
        3.  Mechanical and chemical processing; and
        4.  Packaging.
      NEW SECTION.  SECTION 5.  There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
      Marijuana producer, recreational:  a facility licensed by the Washington state Liquor Control Board for the production and sale at wholesale of marijuana to marijuana processors and other marijuana producers.
      NEW SECTION.  SECTION 6.  There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
      Marijuana retailer, recreational:  a facility licensed by the Washington state Liquor Control Board where useable marijuana and marijuana-infused products may be sold at retail.
      SECTION 7.  Ordinance 10870, Section 334, as amended, and K.C.C. 21A.08.070 are each hereby amended to read as follows:
      A.  Retail land uses.
KEY
 
RESOURCE
R U R A L
RESIDENTIAL
COMMERCIAL/INDUSTRIAL
P-Permitted Use
 
A
F
M
R
U
R
U
R
N
B
C
B
R
B
O
I
C-Conditional Use
 
G
O
I
U
R
E
R
E
E
U
O
U
E
U
F
N
S-Special Use
Z
R
R
N
R
B
S
B
S
I
S
M
S
G
S
F
D
 
O
I
E
E
A
A
E
A
I
G
I
M
I
I
I
I
U
 
N
C
S
R
L
N
R
N
D
H
N
U
N
O
N
C
S
 
E
U
T
A
 
 
V
 
E
B
E
N
E
N
E
E
T
 
 
L
 
L
A
 
E
 
N
O
S
I
S
A
S
 
R
 
 
T
 
 
R
 
 
 
T
R
S
T
S
L
S
 
I
 
 
U
 
 
E
 
 
 
I
H
 
Y
 
 
 
 
A
 
 
R
 
 
A
 
 
 
A
O
 
 
 
 
 
 
L
 
 
E
 
 
 
 
 
 
L
O
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
D
 
 
 
 
 
 
 
SIC#
SPECIFIC LAND USE
A
F
M
RA
UR
R1-8
R12-48
NB
CB
RB
O
I (30)
*
Building Materials and Hardware Stores
 
P23
 
 
 
 
 
P2
P
P
 
 
*
Retail Nursery, Garden Center and Farm Supply Stores
P1 C1
 
 
P1 C1
 
 
 
P
P
P
 
 
*
Forest Products Sales
P3 and 4
P4
 
P3 and 4
 
 
 
 
 
P
 
 
*
Department and Variety Stores
 
 
 
 
 
C14a
P14
P5
P
P
 
 
54
Food Stores
 
 
 
 
 
C15a
P15
P
P
P
C
P6
*
Agricultural Product Sales
P7 C7
P4
 
P7 C7
P3
P3
P25
P25
P25
P25
P25
P25
*
Farmers Market
P24
P24
 
P24
P24
P24
P24
P24
P24
P24
P24
P24
*
Motor Vehicle and Boat Dealers
 
 
 
 
 
 
 
 
 
P8
 
P
553
Auto Supply Stores
 
 
 
 
 
 
 
 
P9
P9
 
P
554
Gasoline Service Stations
 
 
 
 
 
 
 
P
P
P
 
P
56
Apparel and Accessory Stores
 
 
 
 
 
 
 
 
P
P
 
 
*
Furniture and Home Furnishings Stores
 
 
 
 
 
 
 
 
P
P
 
 
58
Eating and Drinking Places
 
 
 
P21 C19
 
P20 C16
P20 P16
P10
P
P
P
P
*
Drug Stores
 
 
 
 
 
C15
P15
P
P
P
C
 
*
Recreational marijuana retailer
 
 
 
 
 
 
 
 
P26
P26
 
 
592
Liquor Stores
P13
 
 
P13
P13
 
 
P13
P
P
 
 
593
Used Goods:  Antiques/ Secondhand Shops
 
 
 
 
 
 
 
 
P
P
 
 
*
Sporting Goods and Related Stores
 
 
P22
P22
P22
P22
P22
P22
P
P
P22
P22
*
Book, Stationery, Video and Art Supply Stores
 
 
 
 
 
C15a
P15
P
P
P
 
 
*
Jewelry Stores
 
 
 
 
 
 
 
 
P
P
 
 
*
Monuments, Tombstones, and Gravestones
 
 
 
 
 
 
 
 
 
P
 
 
*
Hobby, Toy, Game Shops
 
 
 
 
 
 
 
P
P
P
 
 
*
Photographic and Electronic Shops
 
 
 
 
 
 
 
P
P
P
 
 
*
Fabric Shops
 
 
 
 
 
 
 
 
P
P
 
 
598
Fuel Dealers
 
 
 
 
 
 
 
 
C11
P
 
P
*
Florist Shops
 
 
 
 
 
C15a
P15
P
P
P
P
 
*
Personal Medical Supply Stores
 
 
 
 
 
 
 
 
P
P
 
 
*
Pet Shops
 
 
 
 
 
 
 
P
P
P
 
 
*
Bulk Retail
 
 
 
 
 
 
 
 
P
P
 
 
*
Auction Houses
 
 
 
 
 
 
 
 
 
P12
 
P
*
Livestock Sales
P17
P17
 
P17
P17
P17 and 18
 
 
 
 
 
P
GENERAL CROSS REFERENCES:
Land Use Table Instructions, see K.C.C. 21A.08.020 and 21A.02.070; Development Standards, see K.C.C. chapters 21A.12 through 21A.30; General Provisions, see K.C.C. chapters 21A.32 through 21A.38; Application and Review Procedures, see K.C.C. chapters 21A.40 through 21A.44; (*)Definition of this specific land use, see K.C.C. chapter 21A.06.
      B.  Development conditions.
        1.a.  As a permitted use, covered sales areas shall not exceed a total area of two thousand square feet, unless located in a building designated as historic resource under K.C.C. chapter 20.62.  With a conditional uses permit, covered sales areas of up to three thousand five hundred square feet may be allowed.  Greenhouses used for the display of merchandise other than plants shall be considered part of the covered sales area.  Uncovered outdoor areas used to grow or display trees, shrubs, or other plants are not considered part of the covered sales area;
          b.  The site area shall be at least four and one-half acres;
          c.  Sales may include locally made arts and crafts; and
          d.  Outside lighting is permitted if no off-site glare is allowed.
        2.  Only hardware stores.
        3.a.  Limited to products grown on site.
          b.  Covered sales areas shall not exceed a total area of five hundred square feet.
        4.  No permanent structures or signs.
        5.  Limited to SIC Industry No. 5331-Variety Stores, and further limited to a maximum of two thousand square feet of gross floor area.
        6.  Limited to a maximum of five thousand square feet of gross floor area.
        7.a.  As a permitted use, the covered sales area shall not exceed two thousand square feet, unless located in a building designated as a historic resource under K.C.C. chapter 20.62.  As a conditional use, up to three thousand five hundred square feet of covered sales area may be allowed;
          b.  The site area shall be at least four and one-half acres;
          c.  Forty percent or more of the gross sales of agricultural product sold through the store must be sold by the producers of primary agricultural products;
          d.  Sixty percent or more of the gross sales of agricultural products sold through the store shall be derived from products grown or produced in the Puget Sound counties.  At the time of the initial application, the applicant shall submit a reasonable projection of the source of product sales;
          e.  Sales shall be limited to agricultural products and locally made arts and crafts;
          f.  Storage areas for agricultural products may be included in a farm store structure or in any accessory building; and
          g.  Outside lighting is permitted if no off-site glare is allowed.
        8.  Excluding retail sale of trucks exceeding one-ton capacity.
        9.  Only the sale of new or reconditioned automobile supplies is permitted.
        10.  Excluding SIC Industry No. 5813-Drinking Places.
        11.  No outside storage of fuel trucks and equipment.
        12.  Excluding vehicle and livestock auctions.
        13.  Only as accessory to a winery or SIC Industry No. 2082-Malt Beverages, and limited to sales of products produced on site and incidental items where the majority of sales are generated from products produced on site.
        14.a.  Not in R-1 and limited to SIC Industry No. 5331-Variety Stores, limited to a maximum of five thousand square feet of gross floor area, and subject to K.C.C. 21A.12.230; and
        b.  Before filing an application with the department, the applicant shall hold a community meeting in accordance with K.C.C. 20.20.035.
        15.a.  Not permitted in R-1 and limited to a maximum of five thousand square feet of gross floor area and subject to K.C.C. 21A.12.230; and
        b.  Before filing an application with the department, the applicant shall hold a community meeting in accordance with K.C.C. 20.20.035.
        16.a.  Not permitted in R-1 and excluding SIC Industry No. 5813-Drinking Places, and limited to a maximum of five thousand square feet of gross floor area and subject to K.C.C. 21A.12.230, except as provided in subsection B.20. of this section; and
        b.  Before filing an application with the department, the applicant shall hold a community meeting in accordance with K.C.C. 20.20.035.
        17.  Retail sale of livestock is permitted only as accessory to raising livestock.
        18.  Limited to the R-1 zone.
        19.  Only as:
          a.  an accessory use to a permitted manufacturing or retail land use, limited to espresso stands to include sales of beverages and incidental food items, and not to include drive-through sales; or
          b.  an accessory use to a large active recreation and multiuse park, limited to a total floor area of three thousand five hundred square feet.
        20.  Only as:
          a.  an accessory use to a large active recreation and multiuse park; or
          b.  an accessory use to a park and limited to a total floor area of one thousand five hundred square feet.
        21.  Accessory to a park, limited to a total floor area of seven hundred fifty square feet.
        22.  Only as an accessory use to:
          a.  a large active recreation and multiuse park in the urban growth area; or
          b.  a park, or a large active recreation and multiuse park in the RA zones, and limited to a total floor area of seven hundred and fifty square feet.
        23.  Only as accessory to SIC Industry Group No. 242-Sawmills and SIC Industry No. 2431-Millwork and;
          a.  limited to lumber milled on site; and
          b.  the covered sales area is limited to two thousand square feet.  The covered sales area does not include covered areas used to display only milled lumber.
        24.  Requires at least five farmers selling their own products at each market and the annual value of sales by farmers should exceed the annual sales value of nonfarmer vendors.
        25.  Limited to sites located within the urban growth area and:
          a.  The sales area shall be limited to three hundred square feet and must be removed each evening;
          b.  There must be legal parking that is easily available for customers; and
          d.  The site must be in an area that is easily accessible to the public, will accommodate multiple shoppers at one time and does not infringe on neighboring properties.
        26.  Limited to a maximum of five thousand square feet of gross floor area devoted to, and in support of, the retail sale of marijuana.
      SECTION 8.  Ordinance 10870, Section 335, as amended, and K.C.C. 21A.08.080 are each hereby amended to read as follows:
      A.  Manufacturing land uses.
KEY
 
RESOURCE
RURAL
RESIDENTIAL
COMMERCIAL/INDUSTRIAL
P-Permitted Use
 
A
F
M
R
U
R
U
R
N
B
C
B
R
B
O
I
C-Conditional Use
 
G
O
I
U
R
E
R
E
E
U
O
U
E
U
F
N
S-Special Use
Z
R
R
N
R
B
S
B
S
I
S
M
S
G
S
F
D
 
O
I
E
E
A
A
E
A
I
G
I
M
I
I
I
I
U
 
N
C
S
R
L
N
R
N
D
H
N
U
N
O
N
C
S
 
E
U
T
A
 
 
V
 
E
B
E
N
E
N
E
E
T
 
 
L
 
L
A
 
E
 
N
O
S
I
S
A
S
 
R
 
 
T
 
 
R
 
 
 
T
R
S
T
S
L
S
 
I
 
 
U
 
 
E
 
 
 
I
H
 
Y
 
 
 
 
A
 
 
R
 
 
A
 
 
 
A
O
 
 
 
 
 
 
L
 
 
E
 
 
 
 
 
 
L
O
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
D
 
 
 
 
 
 
 
SIC #
SPECIFIC LAND USE
A
F
M
RA
UR
R1-8
R12-48
NB
CB
RB
O
I (11)
20
Food and Kindred Products
P1 C1
P1
 
P1 C1
P1
 
 
P2
P2
P2 C
 
P2 C
*/2082 /2085
Winery/Brewery /Distillery
P3 C12
 
 
P3 C12
P3
 
 
P18
P18
P
 
P
*
Materials Processing Facility
P13
P14 C
P15 C16
P17 C
 
 
 
 
 
 
 
P
22
Textile Mill Products
 
 
 
 
 
 
 
 
 
 
 
C
23
Apparel and other Textile Products
 
 
 
 
 
 
 
 
 
C
 
P
24
Wood Products, except furniture
P4 P19
P4  P19 C5
 
P4 P19 C5
P4
 
 
 
 
C6
 
P
25
Furniture and Fixtures
 
P20
 
P20
 
 
 
 
 
C
 
P
26
Paper and Allied Products
 
 
 
 
 
 
 
 
 
 
 
C
27
Printing and Publishing
 
 
 
 
 
 
 
P7
P7
P7 C
P7 C
P
*
Recreational marijuana Processor I
P21
 
 
P21
 
 
 
 
P22 C23
P22 C23
 
 
*
Recreational marijuana Processor II
 
 
 
 
P24 C25
 
 
 
P24 C25
P24 C25
 
P26
28
Chemicals and Allied Products
 
 
 
 
 
 
 
 
 
 
 
C
2911
Petroleum Refining and Related Industries
 
 
 
 
 
 
 
 
 
 
 
C
30
Rubber and Misc. Plastics Products
 
 
 
 
 
 
 
 
 
 
 
C
31
Leather and Leather Goods
 
 
 
 
 
 
 
 
 
C
 
P
32
Stone, Clay, Glass and Concrete Products
 
 
 
 
 
 
 
 
P6
P9
 
P
33
Primary Metal Industries
 
 
 
 
 
 
 
 
 
 
 
C
34
Fabricated Metal Products
 
 
 
 
 
 
 
 
 
 
 
P
35
Industrial and Commercial Machinery
 
 
 
 
 
 
 
 
 
 
 
P
351-55
Heavy Machinery and Equipment
 
 
 
 
 
 
 
 
 
 
 
C
357
Computer and Office Equipment
 
 
 
 
 
 
 
 
 
C
C
P
36
Electronic and other Electric Equipment
 
 
 
 
 
 
 
 
 
C
 
P
374
Railroad Equipment
 
 
 
 
 
 
 
 
 
 
 
C
376
Guided Missile and Space Vehicle Parts
 
 
 
 
 
 
 
 
 
 
 
C
379
Miscellaneous Transportation Vehicles
 
 
 
 
 
 
 
 
 
 
 
C
38
Measuring and Controlling Instruments
 
 
 
 
 
 
 
 
 
C
C
P
39
Miscellaneous Light Manufacturing
 
 
 
 
 
 
 
 
 
C
 
P
*
Motor Vehicle and Bicycle Manufacturing
 
 
 
 
 
 
 
 
 
 
 
C
*
Aircraft, Ship and Boat Building
 
 
 
 
 
 
 
 
 
 
 
P10C
7534
Tire Retreading
 
 
 
 
 
 
 
 
 
C
 
P
781-82
Movie Production/Distribution
 
 
 
 
 
 
 
 
 
P
 
P
GENERAL CROSS REFERENCES:
Land Use Table Instructions, see K.C.C. 21A.08.020 and 21A.02.070; Development Standards, see K.C.C. chapters 21A.12 through 21A.30; General Provisions, see K.C.C. chapters 21A.32 through 21A.38 Application and Review Procedures, see K.C.C. chapters 21A.40 through 21A.44; (*)Definition of this specific land use, see K.C.C. chapter 21A.06
      B.  Development conditions.
        1.a.  Excluding wineries and SIC Industry No. 2082-Malt Beverages;
          b.  In the A zone, only allowed on sites where the primary use is SIC industry Group No. 01-Growing Harvesting Crops or No. 02-Raising Livestock and Small Animals;
          c.  In the RA and UR zones, only allowed on lots of at least four and one-half acres and only when accessory to an agricultural use;
          d.(1)  Except as provided in subsection B.1.d.(2) and B.1.d.(3) of this section, the floor area devoted to all processing shall not exceed three thousand five hundred square feet, unless located in a building designated as historic resource under K.C.C. chapter 20.62;
            (2)  With a conditional use permit, up to five thousand square feet of floor area may be devoted to all processing; and
            (3)  In the A zone, on lots thirty-five acres or greater, the floor area devoted to all processing shall not exceed seven thousand square feet, unless located in a building designated as historic resource under K.C.C. chapter 20.62;
   e.  Structures and areas used for processing shall maintain a minimum distance of seventy-five feet from property lines adjoining rural area and residential zones, unless located in a building designated as historic resource under K.C.C. chapter 20.62;
          f.  Processing is limited to agricultural products and sixty percent or more of the products processed must be grown in the Puget Sound counties.  At the time of initial application, the applicant shall submit a projection of the source of products to be produced;
          g.  In the A zone, structures used for processing shall be located on portions of agricultural lands that are unsuitable for other agricultural purposes, such as areas within the already developed portion of such agricultural lands that are not available for direct agricultural production, or areas without prime agricultural soils; and
          h.  Tasting of products produced on site may be provided.  The area devoted to tasting shall be included in the floor area limitation in subsection B.1.d. of this section.
        2.  Except slaughterhouses.
        3.a.  Limited to wineries, SIC Industry No. 2082-Malt Beverages and SIC Industry No. 2085-Distilled and Blended Liquors;
          b.  In the A zone, only allowed on sites where the primary use is SIC Industry Group No. 01-Growing and Harvesting Crops or No. 02-Raising Livestock and Small Animals;
          c.  In the RA and UR zones, only allowed on lots of at least four and one-half acres;
          d.  The floor area devoted to all processing shall not exceed three thousand five hundred square feet, unless located in a building designated as historic resource under K.C.C. chapter 20.62;
          e.  Structures and areas used for processing shall maintain a minimum distance of seventy-five feet from property lines adjoining rural area and residential zones, unless located in a building designated as historic resource under K.C.C. chapter 20.62;
          f.  Sixty percent or more of the products processed must be grown in the Puget Sound counties.  At the time of the initial application, the applicant shall submit a projection of the source of products to be produced; and
          g.  Tasting of products produced on site may be provided.  The area devoted to tasting shall be included in the floor area limitation in subsection B.3.c. of this section.
        4.  Limited to rough milling and planing of products grown on-site with portable equipment.
        5.  Limited to SIC Industry Group No. 242-Sawmills and SIC Industry No. 2431-Millwork.  For RA zoned sites, if using lumber or timber grown off-site, the minimum site area is four and one-half acres.
        6.  Limited to uses found in SIC Industry No. 2434-Wood Kitchen Cabinets and No. 2431-Millwork, (excluding planing mills).
        7.  Limited to photocopying and printing services offered to the general public.
        8.  Only within enclosed buildings, and as an accessory use to retail sales.
        9.  Only within enclosed buildings.
        10.  Limited to boat building of craft not exceeding forty-eight feet in length.  
        11.  For I-zoned sites located outside the urban growth area designated by the King County Comprehensive Plan, uses shown as a conditional use in the table of K.C.C. 21A.08.080.A. shall be prohibited, and all other uses shall be subject to the provisions for rural industrial uses as set forth in K.C.C. chapter 21A.12.
        12.a.  Limited to wineries,  SIC Industry No. 2082-Malt Beverages and SIC Industry No. 2085-Distilled and Blended Liquors;
          b.(1)  Except as provided in subsection B.12.b.(2) of this section, the floor area of structures for wineries, breweries and distilleries and any accessory uses shall not exceed a total of eight thousand square feet.  The floor area may be increased by up to an additional eight thousand square feet of underground storage that is constructed completely below natural grade, not including required exits and access points, if the underground storage is at least one foot below the surface and is not visible above ground; and
            (2)  On Vashon-Maury Island, the total floor area of structures for wineries, breweries and distilleries and any accessory uses may not exceed six thousand square feet, including underground storage;
          c.  Wineries, breweries and distilleries shall comply with Washington state Department of Ecology and King County board of health regulations for water usage and wastewater disposal.  Wineries, breweries and distilleries using water from exempt wells shall install a water meter;
          d.  Off-street parking is limited to one hundred and fifty percent of the minimum requirement for wineries, breweries or distilleries specified in K.C.C. 21A.18.030;
          e.  Structures and areas used for processing shall be set back a minimum distance of seventy-five feet from property lines adjacent to rural area and residential zones, unless the processing is located in a building designated as historic resource under K.C.C. chapter 20.62;
          f.  The minimum site area is four and one-half acres.  If the total floor area of structures for wineries, breweries and distilleries and any accessory uses exceed six thousand square feet, including underground storage:
            (1)  the minimum site area is ten acres; and
            (2)  a minimum of two and one-half acres of the site shall be used for the growing of agricultural products;
          g.  The facility shall be limited to processing agricultural products and sixty percent or more of the products processed must be grown in the Puget Sound counties.  At the time of the initial application, the applicant shall submit a projection of the source of products to be processed; and
          h.  Tasting of products produced on site may be provided.  The area devoted to tasting shall be included in the floor area limitation in subsection B.12.b. of this section.
        13.  Limited to source separated organic waste processing facilities at a scale appropriate to process the organic waste generated in the agricultural zone.
        14.  Only on the same lot or same group of lots under common ownership or documented legal control, which includes, but is not limited to, fee simple ownership, a long-term lease or an easement:
          a.  as accessory to a primary forestry  use and at a scale appropriate to process the organic waste generated on the site; or
          b.  as a continuation of a sawmill or lumber manufacturing use only for that period to complete delivery of products or projects under contract at the end of the sawmill or lumber manufacturing activity.
        15.  Only on the same lot or same group of lots under common ownership or documented legal control, which includes, but is not limited to, fee simple ownership, a long-term lease or an easement:
          a.  as accessory to a primary mineral use; or
          b.  as a continuation of a mineral processing use only for that period to complete delivery of products or projects under contract at the end of mineral extraction.
        16.  Continuation of a materials processing facility after reclamation in accordance with an approved reclamation plan.
        17.  Only a site that is ten acres or greater and that does not use local access streets that abut lots developed for residential use.
        18.a.  Limited to wineries, SIC Industry No. 2082-Malt Beverages and SIC Industry No. 2085-Distilled and Blended Liquors;
          b.  The floor area devoted to all processing shall not exceed three thousand five hundred square feet, unless located in a building designated as historic resource under K.C.C. chapter 20.62;
          c.  Structures and areas used for processing shall maintain a minimum distance of seventy-five feet from property lines adjoining rural area and residential zones, unless located in a building designated as historic resource under K.C.C. chapter 20.62; and
          d.  Tasting of products produced on site may be provided.  The area devoted to tasting shall be included in the floor area limitation in subsection B.18.b. of this section.
         19.  Limited to:
           a.  SIC Industry Group No. 242-Sawmills and SIC  Industry No. 2431-Millwork, as follows:
            (1)  If using lumber or timber grown off-site, the minimum site area is four and one-half acres;
            (2)  The facility shall be limited to an annual production of no more than one hundred fifty thousand board feet;
            (3)  Structures housing equipment used in the operation shall be located at least one-hundred feet from adjacent properties with residential or rural area zoning;
            (4)  Deliveries and customer visits shall be limited to the hours of 8:00 a.m. to 7:00 p.m. on weekdays, and 9:00 a.m. to 5:00 p.m. on weekends;
            (6)  In the RA zone,  the facility's driveway shall have adequate entering sight distance required by the 2007 King County Road Design and Construction Standards. An adequate turn around shall be provided on-site to prevent vehicles from backing out on to the roadway that the driveway accesses; and
            (7)  Outside lighting is limited to avoid off-site glare; and
           b.  SIC Industry No. 2411-Logging.
        20.  Limited to manufacture of custom made wood furniture or cabinets.
        21.a.  Only allowed on lots of at least four and one-half acres;
          b.  Only as an accessory use to a Washington state Liquor Control Board licensed marijuana production facility on the same lot; and
          c.  The gross floor area devoted to the use of, and in support of, processing marijuana together with any separately authorized production of marijuana shall be limited to a maximum of ten thousand square feet or may occur in structures that are not dwelling units and that exist as of October 1, 2013.
        22.a.  Only in the CB and RB zones located outside the urban growth area; and
          b.  The gross floor area devoted to the use of, and in support of, processing marijuana together with any separately authorized production of marijuana shall be limited to a maximum of ten thousand square feet.
        23.a.  Only in the CB and RB zones located outside the urban growth area; and
          b.  The gross floor area devoted to the use of, and in support of, processing marijuana together with any separately authorized production of marijuana shall be limited to a maximum of thirty thousand square feet.
        24.a.  Only in the CB and RB zones located inside the urban growth area and in the UR zone in the Redmond Ridge Urban Planned Development/Fully Contained Community on sites designated as business park under the agreement as authorized by the Northridge Development Agreement; and
          b.  The gross floor area devoted to the use of, and in support of, processing marijuana shall be limited to a maximum of ten thousand square feet.
        25. a.  Only in the CB and RB zones located inside the urban growth area and in the UR zone in the Redmond Ridge Urban Planned Development/Fully Contained Community on sites designated as business park under the agreement as authorized by the Northridge Development Agreement; and
          b.  The gross floor area devoted to the use of, and in support of, processing marijuana shall be limited to a maximum of thirty thousand square feet.
        26.  Limited to a maximum of thirty thousand square feet of gross floor area devoted to, and in support of, the processing of marijuana.
      SECTION 9.  Ordinance 10870, Section 336, as amended, and K.C.C. 21A.08.090 are each hereby amended to read as follows:
      A.  Resource land uses.
KEY
 
RESOURCE
R U R A L
RESIDENTIAL
COMMERCIAL/INDUSTRIAL
P-Permitted Use
 
A
F
M
R
U
R
U
R
N
B
C
B
R
B
O
I
C-Conditional Use
 
G
O
I
U
R
E
R
E
E
U
O
U
E
U
F
N
S-Special Use
Z
R
R
N
R
B
S
B
S
I
S
M
S
G
S
F
D
 
O
I
E
E
A
A
E
A
I
G
I
M
I
I
I
I
U
 
N
C
S
R
L
N
R
N
D
H
N
U
N
O
N
C
S
 
E
U
T
A
 
 
V
 
E
B
E
N
E
N
E
E
T
 
 
L
 
L
A
 
E
 
N
O
S
I
S
A
S
 
R
 
 
T
 
 
R
 
 
 
T
R
S
T
S
L
S
 
I
 
 
U
 
 
E
 
 
 
I
H
 
Y
 
 
 
 
A
 
 
R
 
 
A
 
 
 
A
O
 
 
 
 
 
 
L
 
 
E
 
 
 
 
 
 
L
O
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
D
 
 
 
 
 
 
 
SIC#
SPECIFIC LAND USE
A
F
M
RA
UR
R1-8
R12-48
NB
CB
RB
O
I
 
AGRICULTURE:
 
 
 
 
 
 
 
 
 
 
 
 
01
Growing and Harvesting Crops
P
P
 
P
P
P
 
 
 
 
 
P
02
Raising Livestock and Small Animals
P
P
 
P
P
P6
 
 
 
 
 
P