The following acts, omissions, places, and conditions are declared to be a public nuisance, including, but not limited to, any one or more of the following:
A. Any cannabis garden is a nuisance per se.
B. Any collective garden located in any of the following land use designations: OS, PP, UH, SF, LDR, MDR, HDR, CO, NB, HB, MU, or PD.
C. Any dispensary is a nuisance per se.
D. Any collective garden where there is one or more exterior indications of the use such as outdoor storage, noise, vibration, odors, smoke, glare, or the display of cannabis or cannabis products visible from public areas or property owned or leased by another person or entity.
E. Except as provided by Chapter 69.50 RCW, any place where cannabis can be seen or smelled from public property or from private property owned or leased by another person or entity.
F. Any collective garden located closer than the distance below to any of the following whether in or out of the City:
1. Within 1,000 feet of any public or private elementary or secondary school;
2. Within 500 feet of any daycare and preschool;
3. Within 500 feet of any park;
4. Within 500 feet of any youth-oriented facility; or
5. Within 500 feet of any church, synagogue, temple, or mosque.
The separation required between the collective garden and any use identified in this subsection shall be measured from the nearest edge or corner of the property for each use. The establishment of a new use listed in this subsection within the offset radius of an existing collective garden shall not constitute exclusive grounds to determine the collective garden is a nuisance.
G. Any collective garden on a parcel or within a building that contains another collective garden, a medical cannabis garden, or a cannabis garden.
H. Any collective garden that is not fully enclosed within a structure.
I. Any collective garden within a mobile or portable structure.
J. Any collective garden where a person under 18 years of age is present or allowed to be present.
L. Any place where any production, manufacture, processing, delivery, distribution, possession, or use of cannabis occurs for which there is not an affirmative defense under state law.
M. Any collective garden that does not comply with all other applicable City or state regulations, code requirements, and development standards, including, but not limited to, building, fire, utility, and electrical codes. (Ord. 2253, 2013)