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Home My WebLink AboutO-1000 - Community impact study of certain businesses (Repealed by 1212)CIT Y 0 F MAR Y S V ILL E Marysville,Wash1ngton ORDINANCE NO.jOOO An Ordinance of the C1ty of Marysv1lle requ1ring a study of the 1mpact certa1n types of bus1ness w1ll have on the Marysv1lle Community 1f they are issued a bus1ness occupancy permit. THE CITY COUNCIL,CITY OF MARYSVILLE,DO ORDAIN AS FOLLOWS: Sect10n 1.Purpose.The C1ty of Marysv1lle 1S pr1mar1ly a reS1- dential community prov1ding a labor force for nearby 1ndustr1al areas.The trad1tional or1entat10n of the commun1ty,and that wh1ch 1S planned for the future,is for fam1ly commerce,recrea- t10n,education and worsh1p.Businesses and act1v1ties wh1ch are not family oriented are 1nconsistent w1th the eX1sting development and future plans for the Marysv1lle Commun1ty,and may have an adverse 1mpact upon the same.Such bus1nesses have been found to appeal to spec1al populations wh1ch are not normally res1d1ng in family-or1ented commun1t1esi they often br1ng outs1de influences 1nto the community Wh1Ch 1ncrease the cr1me rate and undermine the moral and social values of the family members.Existing bus1nesses f1nd that as the character of the commerc1al environment changes, the1r business drops off and property values decrease.Merchants serving the general community are forced to move out of the central business d1str1ct,leaving 1t 1n a vacant and deter10rating condi- tion. Bus1nesses which are not family oriented,and which would contr1bute to this adverse s1tuat10n,should be encouraged to locate 1n other communit1es where their patronage would be more probable and profi- table,and where their impact would be more acceptable.To identify such bUS1nesses before 1ssu1ng a business perm1t to the same, Marysv1lle shall requ1re a study and reV1ew of the probable impact on the community of any proposed bus1ness act1v1ty or1ented toward~ serving or attract1ng a special population of customers,and not oriented toward act1v1t1es reasonably related to the health,educa- tion and welfare of the fam1ly. Sect10n 2.Community Impact Statement Requ1red.No business perm1t shall be issued to any proposed business wh1ch is determ1ned by the C1ty Council to be or1ented toward serv1ng or attract1ng a spec1al population of customers,and not or1ented toward act1v1t1es reason- ably related to the health,education and welfare of the family, until sa1d proposed bus1ness has first prepared and submitted to the C1ty Counc1l a Commun1ty Impact Statement,as described in Sect10n 3 below.Provided that,the following bus1nesses shall be exempt from th1s requirement: (1)Bus1nesses regulated and/or l1censed by spec1al leg1s- lat10n of the State or Federal Government. (2)Businesses wh1ch the City Counc1l determines would have an 1ns1gn1f1cant adverse 1mpact on the commun1ty,and which are not s1gnificantly incon- s1stent with the purposes of th1s Ordinance,as stated in Sect10n 1 hereof. Sect10n 3.Commun1ty Impact Statement - -Contents.A Community Impact Statement shall contain,at a minimum,the following elements: 1.Detailed descript10n of proposed business;names and addresses of all owners thereof;proposed locat1on; descript10n of bU1lding and fac1l1t1es;description of merchand1se or services to be sold;proposed hours of operat1on;prof1le of expected customers;projected market area;references to other s1m1lar business operations. 2.Analysis of eX1st1ng business commun1ty w1th1n 300 feet of proposed location,including the follow1ng factors, at a nuru.mum s a)Type of businesses; b)Profile of customers; c)Market area; d) Econom1C growth/deterioration e)Property values; "'5)V81\H1l8 -f bus in•••; g)Proximlty of residenta1l ne1ghborhoods; h)Proximity of schools,churches and public fac1l1t1es. 3.Impact of proposed bus1ness upon the factors descr1bed in sub-paragraph 2 above. 4.Impact of proposed business upon the soc1al environment of the Marysville Commun1ty. 5.Alternative locat1ons for the proposed business;and/or alternat1ve bus1ness for the proposed locat1on. Section 4.ReV1ew and Decision Making Process.A completed Community Impact Statement shall be filed by the applicant with the C1ty Clerk. Cop1es of the same shall be distr1buted by the Clerk to all Counc1l members,the Publ1c Library,the secretary of the Marysv1lle School Board,the Secretary of the Marysv1lle Chamber of Commerce,and to any other parties request1ng the same.The City Clerk may assess a charge for the cost of copy1ng any statements issued to pr1vate parties. Within th1rty days of the date the statement 1S f1led with the Clerk, the City Counc1l shall either grant the bus1ness permit,or shall call a publ1c hear1ng for the purpose of cons1der1ng the same.At the -2- conclusion of the publ1c hearing,and any continuances thereof, the C1ty Counc11 shall e1ther grant or deny the bus1ness permit, enter1ng wr1tten findings of fact supporting 1tS dec1s10n.It shall be valid grounds for denial of a bUS1ness permit if the C1ty Council f1nds that a proposed bus1ness w111 have a s1gn1f1cant adverse 1mpact upon the commun1ty and will be sign1f1cantly 1ncon- s1stent w1th the purposes of th1s Ordinance,as stated 1n Section I hereof.The poss1bil1ty of m1tigating measures shall be taken 1nto account.No bus1ness permit shall be den1ed solely on the bas1s of the content of wr1tten,audio or v1sual communicat1ons sold or made ava1lable to customers. Section 5.Retroactive Effect.All procedural elements of th1s Ordinance shall have retroactive as well as prospect1ve appl1cat1on to any and all businesses that have not rece1ved a f1nal and uncon- d1t1onal bus1ness occupancy permit on the date of enactment hereof. The substantive elements of this ordinance are deemed to be neces- sary for the 1mmed1ate protection of the public health,safety, welfare and morals,and shall also apply to sa1d bUS1nesses. Section 6.Severabil1ty.If any provis1on of th1s Ord1nance,or its application to any person or circumstances 18 held by a Court of competent Jur1sd1ct10n to be inval1d,the remainder of the Ordinance,or the appl1cation of the prov18ion to other persons or c1rcumstances,shall not be affected and shall rema1n enforceable as orig1nally enacted. PASSED BY THE CITY COUNCIL and APPROVED BY THE MAYOR this Il~ day of Aiee~?1~,1978. r THE CITY OF MARYSVILLE By~~·£2 MAY 0 R ATTEST: By~~ea;t:C1ty C rk The C1ty of Marysv111e,Wash1ngton,has developed an 1mag1nat1ve means of control11ng pornograph1c book store development w1th1n the C1ty 11m1ts (don't laugh,1t can happen to you!).Research 1nd1cated that C1t1es had very gr1m results mak1ng any deC1s1ons based on obscen1ty as 1t v101ated f1rst and fourteenth amendment guarant1es.Consequently,the C1ty began a program based not on Ob]ect1on to obscen1ty,but on plann1ng cons1dera- t10ns and the effect of pornograph1c book stores on the local bus1ness commun1ty.A "Commun1ty Impact Statement"may be requ1red of any bus1- ness which 1S not fam11y or1ented or appeals to a part1cular 11m1ted c11ental.L1quor operat1ons are spec1f1cally excluded as they are r1g- 1dly controlled by State and other agenC1es.The C1ty CounC11 can then 1ssue or deny a bus1ness 11cense based on plann1ng and commun1ty 1mpact cons1derat1ons w1thout gett1ng 1nvolved In f1rst and fourteenth amend- ment arguments at all.The C1ty has been taken to court three t1mes on the program and has won all three cases.The 1mportant th1ng 1S to have an ongo1ng program pr10r to be1ng faced w1th an act10n dec1s1on.Further 1nformat1on can be obtained by writ1ng to R1chard W.Dem1ng,C1ty Adm1n- 1strator,514 Delta Avenue,Marysv111e,Wash1ngton 98270. AFFIDAVIT OF PUBLICATION No _ STATE OF WASHINGTON, County of Snohomish, ss _____J~~~__~?r~y~,bemz first duly sworn on oath deposes and says that he IS the_s~_cr~_t~r:t of THE MARYSVILLE GLOBE,a weekly newspaper That said newspaper IS a legal newspaper which has been ap- proved by order or the Superior COUl t in Snohomish County June 18,1962 in compliance with Chapter 213 of Washmgton Law"of 1941,and It IS now and has been for more than SIX month"IH 101 to the date of the pubhcation heremafter re- fened to,published m the Enghsh language contmually as a weekly newspaper?m Marysville,Snohomish County,Wash- mgton,and It IS now and durmg all of said time was printed m an office mamtamed at the aforesaid place of publication of said newspaper That the annexed 1"a true copy of a ---QJ~.(U·n.~~_~~_~C!~__~9~~as It was published 111 regular Issues (and not III supplement form)of ....aid newvpaper once each week tor a period of <?~_~_con- secutive weeks,commencmg on the J.Jj:;JL_day of ~~p_~!._ 197~__•and endrng on the _~_~~~_day of _~~_E~_._,19_~~_, both dates inclusive.and that such newspaper Was regularly disti ibuted to Its subacr rbars dUlll1L:'all of said period That the full amount of the fee char ge 1 for the foregoing publi- cation IS the sum of $J2I·_79 ,WhICh amount has been paid In full --------{L~-L!~---------- Sub-cubed and <worn to before me this )_(}._~_ day of ----jP~;r~Z Notary Public In and for the State of Washington, Residmg at MarYSVille