ORDINANCE NO. 685
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, AMENDING TITLE 19 AND CHAPTER 5.35 OF THE MUNICIPAL CODE TO INCORPORATE THE CITY PLANNING COMMISSION’S RECOMMENDED CHANGES TO THE ZONING AND DEVELOPMENT CONDITIONS WHICH WOULD APPLY TO STATE-LICENSED AND REGULATED MARIJUANA USES, IF THE COUNCIL CHOOSES TO ALLOW SUCH USES IN THE FUTURE
WHEREAS, the City’s Municipal Code currently prohibits all marijuana uses in University Place; and
WHEREAS, the City Council could in the future reconsider the prohibition on State-licensed and regulated marijuana uses, or State law could be changed to remove the City’s ability to prohibit marijuana uses; and
WHEREAS, in considering the possibility that marijuana uses might in the future exist in University Place, the City Council tasked the Planning Commission with providing recommendations regarding potential zoning for such State-licensed and regulated marijuana uses; and
WHEREAS, in assigning the issue to the Planning Commission, the City Council expressly noted that any decision on whether in the future State-licensed and regulated marijuana uses could be allowed in the City was solely the decision of the City Council, and that by referring these zoning and development issues for review to the Planning Commission, the City Council did not commit to making any change in the City’s current prohibition; and
WHEREAS, the Planning Commission studied the issue and returned a number of recommended changes to the Municipal Code regarding zoning and regulations for State-licensed and regulated marijuana uses for City Council consideration;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Legislative Findings. The recitals and findings set forth above are hereby adopted as the City Council’s legislative findings in support of the regulations adopted by this Ordinance.
Section 2. Code Amendment. Title 19 Zoning Code of the University Place Municipal Code, is hereby amended as shown in Exhibit A, which is attached hereto and incorporated herein by reference.
Section 3. Code Amendment. Chapter 5.35 “Marijuana/Cannabis Uses” of the University Place Municipal Code, is hereby amended as shown in Exhibit B, which is attached hereto and incorporated herein by reference.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance or its application to any other person or situation.
Section 5. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City. This Ordinance shall take effect five days after publication.
PASSED BY THE CITY COUNCIL ON MAY 1, 2017.
Javier H. Figueroa, Mayor
Emelita Genetia, City Clerk
APPROVED AS TO FORM:
Steve Victor, City Attorney
Effective Date: 05/15/17