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Home My WebLink AboutO-1212 - Repeals Sec. 5.56.010 – 5.56.050 and adds Sec. 5.56.010 – 5.56.060, community impact of certain adult businesses (Repealed by 1457).'..,",'f"·''•...-."1''-)"P':l '...£.... )(C~'2.8t''''\<.,,{(b ... .3 .4/-{Jc Poll c e Der;t; r:te: CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.121" AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING SECTIONS IN CHAPTER 5.56 OF THE MARYSVILLE MUNICIPAL CODE RELATING TO COMMUNITY IMPACT STATEMENTS. The City Council of the City of Marysville,Washington,DO ORDAIN as follows: Section 1. and 5.56.050 of the same being Ordinance. Sections 5.56.010,5.56.020,5.56.030,5.56.040 the Marysville Municipal Code are hereby REPEALED, superseded by the following sections of this Section 2.The following section of Chapter 5.56 of the Marysville Municipal Code are hereby enacted: 5.56.010 purpose. The city of Marysville is primarily a residential community providing a labor force for nearby industrial areas.The traditional orientation of the community,and that which is planned for the future,is for family commerce,recreation, education and worship.Businesses and activities which are oriented toward exploitation of sex or violence,or which encourage or suggest criminal acts,or contribute to disintegration of the family structure,may have an adverse impact on the existing development and future plans for the City,and upon the quality of urban life.Such businesses have been found to appeal to special populations of customers which are not normally residing in family-oriented communities;they often bring outside influences into the community which increase the crime rate,undermine the moral and social values of the family members, and harm property values.Existing businesses find that as the character of the commercial environment changes,their business drops off and property values decrease.Merchants serving the general community are forced to move out of the central business district,leaving it in a vacant and deteriorating condition. Businesses which would contribute to this adverse situation should be encouraged to locate in other communities where their patronage would be more probable and profitable,and where their impact would be more acceptable.To identify such businesses Ordinance - I '.. ..,.-t.·•\...r ""I· -:.1 before issuing a Business Permit to the same,Marysville shall require a study and review of the probable impact on the community of any proposed business activity which is an adult establishment, or which is oriented toward serving or attracting a special population of customers and is not oriented toward activities reasonably related to the health,education and welfare of the family.Unless adverse impacts generated by such businesses can be mitigated,Business Permits for the same shall be denied. 5.56.020 Definitions: 1."Special Population of Customers"means clientele of a business who are principally characterized as being criminal offenders,juvenile d~linquents,vagrants, transients,truants,or persons who pose a substantial risk of creating or contributing to a public nuisance in the City. 2."Family"means a household of one or more persons living in a permanent and domestic character under one head or management,and being primarily concerned with the comfort, health,education and social and spiritual well being of its members. 3."AduLt Establishments"means: (A) An establishment having as a substantial or significant portion of its stock in trade,books,magazines, periodicals,video cassettes,films,audio-visual aids, paraphernalia and novelties which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"(as defined below)or an establishment with a segment or section devoted to the sale or display of such materials~ (B)An establishment used for presenting material or films distinguished or characterized by an emphasis on depicting or describing "specified sexual activities"or "specified anatomical areas"(as defined below)for observation or participation by patrons therein. (C)An establishment used for dances,performances or shows distinguished or characterized by an emphasis on "specified sexual activities"or "specified anatomical areas"(as defined below)for observation by patrons therein. (D)Massage parlors and public bath houses. Ordinance - 2 ,~ 3."Specified Sexual Activities"means: (A)Human genitals in a state of sexual stimulation or arousal. (B)Acts of human masturbation,sexual intercourse or sodomy. (c)Fondling or other erotic touching of human genitals, pubic region,buttock or female breast. 4."Specified Anatomical Areas"means: (A)Less than completely arid opaquely covered:(a)human genitals,pubic region,(b)buttock,(c)female breasts below a point immediately above the top of the areola: (B)Human male genitals in a discernibly turgid state,even if completely or opaquely covered. All Business Permit applications,and applications for renewals of the same,shall be reviewed by the City Compliance Officer for the purpose of making a threshold determination as to whether a Community Impact Statement,as defined below,will be necessary prior to the issuance of the Business Permit.The Compliance Officer may request information from the applicant in addition to that which is found on the Business Permit application,and may meet with the applicant and investigate his past and proposed business practices.Within ten days of receiving a fully completed application for Business Permit,and all supplemental data requested,the Compliance Officer shall make one of the following determinations: 1.The Business Permit may be issued based upon a finding that the proposed business is exempt from the application of this chapter because the regulation and/or licensing of said business has been pre-empted by special legislation of the state or federal government:or 2.The Business Permit may be issued based upon a finding that the proposed business manifestly is not oriented toward serving or attracting a special population of customers and will not be operated as an adult establishment:rather,it is oriented toward activities reasonably related to the health, education and welfare of the family,and will have no significant adverse impact upon the community or the Ordinance - 3 .... achievement of the purposes of this chapter:or 3.The Business Permit may not be issued,or further processed, until the applicant prepares a Community Impact statement,as defined below,and submits it to the City-Council. 5.56.040 Community Impact Statement. A Community Impact Statement shall contain,at a minimum,the following elements: 1.Detailed description of proposed business,names and addresses of all owners thereof,proposed location, description of building and facilities,description of merchandise or services to be sold,materials or·films to be shown or performances to be given,proposed hours of operation,profile of expected customers,projected market area,references to other similar business operations: 2.Analysis o~existing business community within three hundred feet of proposed location,including the following factors, at a minimum: 3. (A)Type of businesses, (8)Profile of customers, (C)Market area, (D)Economic growth/deterioration, (E)Property values, (F)Proximity of residential neighborhoods, (G)Proximity of schools,churches and pUblic facilities; Impact of proposed business upon the factors described subsection (2): .In 4.Impact of proposed business upon the social and economic environment of the Marysville community: 5.Alternative locations for proposed business,and/or alternative business for proposed location. 5.56.050.City Council Hearing. In the event that a Community Impact Statement is required by the Compliance Officer,the applicant Shall prepare the same in accordance with Section 5.56.040 above,and shall file a completed statement with the City Clerk.The City Clerk shall distribute copies of the Community Impact Statement to the Mayor and to all City council members,the Public Library,the Secretary of the Marysville School Board,the Secretary of the Marysville Chamber Ordinance - 4 ,.(,.".........,_....., .~......,. of Commerce,and to any other parties requesting the same.The City Clerk may assess a charge for the cost of copying any statements issued to private parties.Within thirty days of the date on which the matter was referred to the City Council,a public hearing shall be held for the purpose of considering the issuance of the Business Permit.The City Clerk shall send the applicant written notice of the public hearing not less than ten days prior to the date thereof.The public hearing shall be a quasi-judicial proceeding.At the conclusion of said hearing,and any continuances thereof,the City Council shall either grant or deny the Business Permit,entering written Findings of Fact supporting its decision.It shall be valid grounds for denial of a Business Permit if the City Council finds,based upon the record before it,that the proposed business will be oriented toward serving or attracting a special population of customers,or will be an adult establishment,and will not be oriented toward activities reasonably related to the health,education and welfare of the family,or otherwise be consistent with the purposes of this chapter.The possibility of mitigating measures shall be taken into account,and the City Council may grant a Business Permit which is subject to continuous compliance with certain specified conditions which are designed to mitigate adverse impacts which have been identified as being inconsistent with the purposes of this chapter.No Business Permit shall be denied solely on the basis of the content of written,audio or visual communication sold or made available to customers.The decision of the city Council in granting or denying a Business Permit shall be final,subject only to appeal to the Snohomish County Superior Court by an aggrieved party who files application for Writ of Certiorari with said Court within fourteen days of the date of the City Council's written decision. 5.56.060.Severability. If any section,subsection,sentence,clause,phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section,subsection,sentence, clause,phrase or word of this chapter. Ordinance - 5 "n ..,.'":,P.A.'.SSE.D bY.th.e City Council and APPROVED by the Mayor this~~day of'..A/aVEMJJfA,,,1981. THE CITY OF MARYSVILLE Attest: APPROVED AS TO.FORM:, ,,, .....~..... ~...~"'.'.." B<\~~Q ..' ~TYA~TORNE~.•...'.•. Ordinance -:-.6 ,,,-.~;1.-' ",. NOTICE OF CITY OF MARYSVILLE ORDINANCE On the 23rd day of November,1981,the City Council of the~City of Marysville,Washington,passed Ordinance No.1212 entitled: .AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING SECTIONS IN CHAPTER 5.56 OF THE MARYSVILLE MUNICIPAL CODE RELATING TO COMMUNITY IMPACT STATEMENTS Said ordinance repealed Sections 5.56.010,5.56.020,5.56.030,5.56.040 and 5.56.050 of the Marysville Municipal Code,the same being super- seded by the following sections which were enacted: 5.56.010 5.56.020 5.56.030 5.56.040 5.56.050 5.56.06~ Purpose Definitions Review of Business Permit Applications Threshold Determination Community Impact Statement City Council Hearing Severability The foregoing sections require a study and review of the probable impact on the community of any proposed business activity which is an adult establishment,or which is oriented toward serving or attract- ing a special population of customers and is not oriented toward activ- ity which is reasonably related to the health,education and welfare of the family.Unless adverse impacts generated by such businesses can be mitigated,Business Permits for the same shall be denied. The full text of said ordinance will be mailed,without charge,to any person who requests the same from the City Clerk. AFFIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, SS. ~t!.J.__~_.__~~~~~~.t;J~----_--,being first duly sworn said newspaper once each week for a period of __~~~__ con- secutive weeks,commencing on the _?!l_q day of __.R.~~_._, 19.8.1-,and ending on the 2nd day of _.D.e~......._,19_8~, both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- cation is the s of $_?.!t:!9-'t_,.,_~\which amount ha paid in full -'OW~~---------~ orn to before me this ~E._~...__ day of -l2~~~~9:~- Notary Public in and for the State of Washington. Residing at Marysville. ____9~_qj.!lJ!g..9JLNJ2 ..__1.?l_~-as it was published in regular issues (and not in supplement form)of on oath deposes and says that he is the_se..cre.t.ar.;}!.._..._ of THE MARYSVILLE GLOBE,a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941,and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a ~----~-"--.-.--------l ORDINANCE NO.1212 CITY OF MARYSVILLE 'on the 23rd day of November;1981,the City Council of the City of Marysville, Washington,passed Ordinance No. 1212 entitled: AN ORDINANCE OF THE CITY OF MARYSVILl-E AMENDING SECTIONS IN CHAPTER 5.56 OF THE MARYSVILLE MUNICIPAL·CODE RELATING TO COMMUNITY IMPACT STATEMENTS -, Said ordinance repealed Sections: 5.56.010, 5.56.020, 5.56.030, 5.56.040 and 5.56.050 of the Marysville Municipal Code,I the same being superseded by the follow-. ing sections which were enacted: 5.56.010 Purpose 5.56.020 Definitions I 5.56.030 Review of Business Permit Ap-~ plications --Threshold Determination 5.56.040 Community Impact Statement ' 5.56.050 City Council Hearing 5.56.060 Severability The foregoing sections require a study, and review of the probable impact on the: community of any proposed business ac-I tivity which is an adult establishment,or which is oriented toward serving or attrac- ting a special population of customers and is not oriented toward activity which is reasonably related to the nealh.education and welfare of the family.Unless adverse impacts generated by such busineses can be mitigated,Business Permits for the same shall be denied. The full text of said ordinance will be mailed,without charge,to any person who requests the same from the City Clerk. Published:December 2. 198]