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Home My WebLink AboutO-1457 - Adds to Ch. 19.08 and Sec. 19.16.070; amends Sec. 19.16.010; repeals Sec. 5.02.032(5) and Ch. 5.56, adult-oriented entertainment facilities (Repealed by 2069)1 Bcole:.PiA-b, 1.r",\ie-€. f;~e· .. CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.Ik'b-Z AN ORDINANCE OF THE CITY OF MARYSVILLE REGULATING THE LOCATION OF ADULT-ORIENTED ENTERTAINMENT FACILITIES; AMENDING THE ZONING CODE TO PROVIDE FOR SAID REGULATION; AND REPEALING SECTION 5.02.032(5)AND CHAPTER 5.56 OF THE MARYSVILLE MUNICIPAL CODE. WHEREAS,in 1979 the City enacted Chapter 5.56 of the Marysville Municipal Code for the purpose of regulating and mitigating the adverse community impacts of businesses known as "adult establishments."Said enactment was based upon findings by the City,following extensive public hearings,that such businesses increase the crime rate,undermine the moral and social values of family members in the community,damage the economic viability of surrounding businesses,decrease property values in the vicinity,and discourage economic improvement and diversification of the community;and WHEREAS,the City finds that,based upon the experiences of other communities,the absence of any regulations and restrictions on adult-oriented entertainment land uses will have a deleterious impact upon the City.See Exhibit A which is on file in the City Clerk's office,and which is incorporated herein by this reference;and WHEREAS,the City has made an extensive study into the redevelopment and revitalization of its central business district, and there is a pending proposal for such development which would be adversely impacted by the influx of adult-oriented entertainment;and WHEREAS,the Snohomish County Superior Court in Cause No. 83-2-01422-9 has declared Chapter 5.56 of the Marysville Municipal Code to be an unconstitutional procedural method of protecting the City's otherwise legitimate objective of preserving and improving the quality of its residential neighborhoods and commercial districts;and WHEREAS,the City finds that the United States Supreme Court and the Supreme Court of the State of Washington have upheld zoning restrictions on the location of adult-oriented entertainment facilities as a constitutional method of protecting, preserving and improving the quality of residential neighborhoods, commercial districts and urban life in general;and 1 WHEREAS,the City finds that the relative sizk,configuration and location of residential and commercial zoning ~istricts in Marysville does not provide adequate protection from the adverse impacts of adult-oriented entertainment facilities unless such facilities are exclusively restricted to industrial zones where land uses and .pr ope r t y values are less-sensi t-ive too ,the impacts of such facilities and there is less likelihood of economic damage and harm to the quality of urban life;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN AS FOLLOWS: Section I.Repealer.Section 5.02.032(5)of the Marysville Municipal Code is hereby REPEALED. Section 2.Repealer.Chapter 5.56 of the Marysville Municipal Code (Communlty-Impact Studies of Certain Businesses)is hereby REPEALED. Section 3.D~finitions.The following section is hereby added to Chapter 19.08 of the Marysville Municipal Code ("Definitions"): "Adul-t'-Enter-tainment Facili-ties"shall mean and include the f611owing: I.Adu.!.!_~rt.!~!.:.~odX_~~.!E!iE.9._§.!u£.!£is an establishment or business which provides the services of applying paint or other substance whether transparent or non-transparent to or on the human body when such body is wholly or partially nude. 2.'Adult Bath House is a commercial bath .ho use in ~hich the patrons are exposed to "specified sexual activities"or "specified anatomical areas.",This definition shall not include fraternal,recreational or health clubs in which the bath house is merely an incidental part of the total facilities available to members. 3.Adult Bookstore is a retail establishment in which: a.Ten percent or more of the "stock in trade"consists of books,magazines,posters, pictures,periodicals or other printed material distinguished or c ha r ac trer Lz ed by an empha s Ls on matter depicting,describing or relating to "spec~fied sexual activities"or "specified anatomical a~eas";or 2 I ."':,.. b.Any person is--excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold. "Stock in trade"for the purposes of this section shall mean all books,magazines,posters,pictures, periodicals ,-or -other --printed -material-readily available for purchase,rental,viewing or use by patrons of the establishment in~luding material located in any storeroom or other portion of the premises not regularly open to patrons.- 4.Adult Cabaret is a commercial establishment which presents go-go dancers,strippers,male or female impersonators,or similar entertainers and in which the patrons are exposed to II s pec i f i ed sexual activities"or "specified anatomical areas." 5.Adult Drive-In Theater is a drive-in theater used for presenting motion picture films,video cassettes,cable television,or any other such visual media,distinguished or-characteri~ed by an emphasis on matter depicting,describing or -relating to ;'specified sexual activities"or "specified anatomical areas." 6.Adult Entertainment Facilities mean Adult Motion Picture Theaters,Adult Drive-In Theaters,Adult Bookstores,Adult Cabarets,Adult Video Stores,Adult Retail Stores,Adult Massage Parlors,Adult Sauna Parlors,Adult Bath Houses,Adult Artist-Body Painting Studios,Modeling Studios and Tattoo Studios. 7.Adult Massage Parlor is a commercial establ ishment-rnwhiCh-mas~ageorother touching of the human body is provided for a fee and in which the patrons are exposed to II spec i f i ed sexual activities"or "specified anatomical areas."This definition shall include facilities licensed by the state pursuant to RCW 18.108. 8.Modeling Studio is an establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography,painting,sketching, drawing or other~ise. 9.Adult Motion Picture Theater is an enclosed- bu ild ing used for presenting,-for comme-rcial purposes, motion picture films,video cassettes,cable television, or any other such visual media,distinguished or 3 t :>, ~.:..'\Jt',I1 I...." characterized by an emphasis on matter depicting, -desc~ibing or relating to "specified sexual activities" or "specified anatomical areas"for observation by patrons there'in. 10.Adult Retail Store is a retail establishment in which: a.Ten percent of the "stock in-trade" consists of items,products or equipment distinguished or characterized by an emphasis or simulation of "specified sexual activities"or "specified anatomical areas";or b.Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold. "Stock in trade"for the purposes of this section shall mean all items,products or equipment readily available for purchase,rental,viewing or use by patrons of the establishments including material located in any storeroom or other portion of the -premises not regularly open to patrons.. II.Adult Sauna Parlor is a commercial sauna parlor in which the patrons are exposed to "specified sexual activities"or "specified anatomical areas." 12.Adult Video Store is a retail establishment which: a.Ten percent of the "stock in trade" consists of prerecorded video tapes,discs or similar material distinguished or characterized by an emphasis on matter depicting,describing or relating to "specified sexual activities"or "specified anatomical areas";or b.Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold. "Stock in trade"for .the purposes of this section shall mean all prerecorded video tapes,discs or similar material readily available for purchase,rental,viewing or use by patrons of the establishment including material located in any storeroom or other portion of the premises not regularly open to patrons. 4 13.Specified Anatomical Areas means: a.Less than completely and/or opaquely covered human genitals,pubic region,buttock, or female breast below a point immediately above the top of the areola. b.Human male genitals in a discernably turgid state,even if completely or opaquely covered. 14.Specified Sexual Activities means: a.Acts of human masturbation,sexual intercourse or sodomy~ b.Fondling or other erotic touching of human genitals g pubic region,buttock or female breast~ c.Human genitals in a state of sexual stimulation or arousal. IS.Tattoo Studio is a commercial establishment or business which provides the services of marking the skin with designs g words g patterns or compositions by pricking and marking the skin with pigments. Section 4.Adult Entertainment Facilities Limited to Industrial Zones.-Section T9:T6:-010-~theMarysviITeMunic ipal Code (Table of Permitted Uses)is hereby amended to provide for the following land use activity: Adult Entertainment Facilities •••conditional use allowed in the general industrial zone. Section 5.S~cial_Rest!.ictions_on_~oca!ion_of_AduIt Entertainment Facilities.A new section 19.16.070 is hereby added to the Marysville Municipal Code providing as follows: 1.Location Restrictions a.Adult entertainment facilities shall be located exclusively within areas which are zoned in the general industrial classification. 5 i •~.'\..'.<'r oJ "'.'-'i "'~. \... b.An adult entertainment facilitiy shall not be located closer than 400 feet to another adult entertainment facility whether such facility is located within or outside the city limits.Such distance shall be measured by following a straight line from the nearest point of public entry into the structure which will house the proposed adult entertainment facility to the nearest point of public entry into the structure housing another adult entertainment facility. c.An adult entertainment facility shall not be located within the area circumscribed by a circle which has a radius consisting of the following distances from the following specified uses or zones: (1)Within 1,000 feet of any single family residential zone~ (2)Within 1000 feet of any multiple family residential zone~ (3)Within 1,000 feet of any public or private school~ (4)Within 1,000 feet of any church or other religious facility or institution~ (5)Within 1,000 feet of any public park or school athletic faci1ity~ (6)Within 1,000 feet of a convention facility. d.For purposes of measuring the distances provided in subsection c,a straight line shall be followed,without regard to intervening buildings,from the nearest point of the property upon which the proposed use is to be located,to the nearest point of the property or zoning boundary line from which the proposed use is to be separated. 2.Variances.Variances to the location restrictlons-set-forth in Section 1 above,up to a maximum of 50 percent,may be granted following a public hearing before the Planning Commission and approval by the City Council,but only upon a finding that the following conditions are met: a.That the proposed use will not be contrary to the public interest or injurious to nearby properties~and 6 b.That the proposed use will not enlarge or encourage the development of a wskid row w area,and c.That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement,either residential or non-residential,and d.That all applicable regulations of the Marysville Municipal Code will be observed fully in their intent and spirit. 3.Nonconforming Uses. Notwithstanding the provisions of Chapter 19.40 relating to nonconforming uses,any adult entertainment facility lawfully existing and operating on the effective date of this ordinance may be continued and maintained without regard to the restrictions on adult entertainment facilities contained herein until January 1,19~on the following conditions: a.There may be a change in tenancy, ownership or management of the facility, provided that there is no change in the nature or character of the business. b.If the adult entertainment facility or use is vacated,abandoned or closed for a continuous period of 180 days,the nonconforming status shall be lost. c.The adult entertainment facility or use cannot be expanded into additional buildings or areas of buildings on the property. d.All other codes,ordinances,regulations and statutes shall be complied with in full. e.All nonconforming adult entertainment facilities and uses shall lose their nonconforming status on January 1,1988 and shall thereupon terminate.Thereafter,all restrictions relating to adult entertainment facilities and uses shall be complied with in full. 7 _.•I.~j.::.-' .s-·~"···t·"''''...~ "'J '...~,. 4.Enforcement. a.Violation of any of the prqvisions of the Marysville Municipal Code relating to adult entertainment facilities is declared to be a public nuisance per se,and shall be subject to abatement through civil proceedings and not by criminal prosecution. b.Nothing in this Code is intended to authorize,legalize or permit the establishment, operation or maintenance of any business, building or use which violates city codes or statutes of the State of Washington regarding public nuisances,sexual conduct,lewdness,or obscene or harmful matter or the exhibition or public display thereof. Section 6.Severability Clause.If any section,subsection, sentence,clause,phrase,or any portion of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section,subsection,sentence,clause,phrase, or a portion thereof,irrespective of the fact that anyone or more sections,subsections,sentences,clauses,phrases,or portions are declared invalid or unconstitutional. PASSED by the City Council and APPROVED by the Mayor this day of !lAt2CH-,1986. ATTEST: By~&f¥d/CITY CL K APPROVED AS TO FORM: B 8 CITYOFMARnVIL.L.1O ~~rJ~~~I~·C~·~~.n~:~~ :;;;;~~,,,:'.'"~1';!i,;,,..i'~::'1:"'.,,'t.::.,'::o:,'";::~; ;~,~j~:i~'~';"Tj-'OT~-':::;~;~:~"?l:·~~:;:.~·.,..g;: ;~:L~:~:":.,:.1:0'tP'<'o·~:':;''''·o'..•..,'.~~~;: ::~.:::~~;:~..~.;.,:::::'...,.., :o.P~".,. ,._,--_... I' ~' No._ STATE OF WASHINGTON, County of Snohomish, ss. ________LtgQ.9_.w.~Q.~t~L ,being first duly sworn on oath deposes and says that he is the;.._s_E:.~:.:~!:~.r'y_.,.. _ 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 Englishlanguage 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 '.P.J"j:l:lQg!}~~_.ll4.'iZ :.._as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of _9.!l_e con- secutive weeks,commencing on the _~.9j:'p day of _ti~!"~,!l__, 19_B6_,and ending on the __~§~!.l __day of ~.?L<:'~__,19~?__, 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 sum of $_482 ...ll ,which amount has been' paid in full ~-.t»~ ,-----~---------------------------- Subscribed and swor to before me this '~{" £0 '~\t day of ---------------,In-a:~~:~EJt:zf::::--- Residing at Marysville. -'1. .',