HomeMy WebLinkAboutO-2069 - Adds Ch. 19.22, adult facility overlay zone, and Sec. 19.36.120(40); amends Sec. 19.12.010, 19.16.010, 19.36.080(3) and (10), 19.60.020 and 19.60.160; repeals Sec. 19.08.017 and 19.16.070 (Repealed by 2131)~~.~.-L t~~~:.r
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CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.c;;<Obq
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON RELATING TO
ZONING FOR ADULT MOTION PICTURE THEATERS,ADULT DRIVE-IN
THEATERS,ADULT CABARETS,ADULT PANORAM ESTABLISHMENTS AND
BODY SHAMPOO PARLORS, AND ENDING THE MORATORIUM ESTABLISHED
BY ORDINANCE NO.2022.
WHEREAS,cities have the right and duty to enact laws for
the protection of the public health,safety and general welfare
and morals;and
WHEREAS,the City Council adopted Ordinance No.2022 on
April 24,1995 establishing a moratorium on the acceptance of
applications for use permits,building permits and licenses for
adult entertainment facilities;and
WHEREAS,pursuant to Ordinance No.2022 the Mayor appointed
a committee which developed a work plan to study issues,and the
Marysville Citizens Advisory Committee on Adult Entertainment
conducted various hearings,submitted its record to the Planning
Commission and the City Council;and
WHEREAS,the Marysville City Council has considered the
record created by the Marysville Citizens Advisory Committee on
Adult Entertainment and the Planning Commission and itself made
certain findings as specified in this ordinance,and as a result
wishes to provide in this ordinance for the appropriate zoning
for adult motion picture theaters,adult drive-in theaters,adult
cabarets,adult panoram establishments and body shampoo parlors;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.Findings.Based upon the record transmitted
from the Marysville Citizens Advisory Committee on Adult
Entertainment and the record of the Planning Commission,and also
based on the testimony and evidence presented to the City Council
at a public hearing occurring on April 8,1996,the City Council
makes the following findings:
A.Currently,there are no adult motion picture theaters,
adult drive-in theaters,adult cabarets,adult panorams,or body
shampoo parlors operating in the city of Marysville.Facilities
of this nature do operate within the city of Everett and
unincorporated Snohomish County.
B.There is substantial and compelling evidence as set out
in staff reports and public testimony that the use of property to
operate,conduct or"maintain the aforesaid adult-use which,
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because of their very nature,has serious objectionable
operational characteristics and both primary and secondary
effects.Those operational characteristics include a wide range
of criminal and other unlawful activities that have regularly and
historically occurred on and near or as a result of visits to
adult-use establishments.These activities include prostitution,
narcotics and liquor law violations,breaches of the peace,
assaults,and sexual conduct involving contact between patrons
and between entertainers,attendants and patrons,some of whom
have been minors,and similar activity occurring in parking areas
and the environs of adult-use facilities.
C.The objectionable operational characteristics,
activities and secondary effects related to adult-use
establishments pose a threat to the public health,safety and
welfare of the citizens of the city of Marysville.This threat
is most serious when conducted in close proximity to places where
minors gather.
D.The need to protect minors from the unlawful a~tivities
associated with the operation of the aforesaid adult-use
establishments would be a compelling governmental interest.
E.The objectionable characteristics associated with
adult-use establishments promote declines in adjacent property
values,neighborhood blight,and general secondary effect on the
quality of life in the environs of the business.
Section 2.ReDeal -19.08.017.Section 19.08.017 of the
Marysville Municipal Code is hereby REPEALED.
Section 3.Repeal -19.16.070.Section 19.16.070 of the
Marysville Municipal Code is hereby REPEALED.
Section 4.Amendment -19.12.010.Section 19.12.010 of
Chapter 19.12 of the Marysville Municipal Code is hereby amended
to read as follows:
19.12.010 Intent.The purpose of this chapter and
chapters 19.16 -19.28 is to establish districts wherein
compatible uses of land may be located and grouped to
create,protect or maintain a living environment for the
citizens of Marysville.Three broad categories of uses are
established,residential,commercial and industrial,and it
is the intent of this chapter and Chapters 19.16 -19.28 to
stabilize and protect the uses contained within these
districts.An effort will be made to exclude mutually
interfering uses,and in particular,to promote residential
harmony with surrounding areas of the community.However,
it is recognized that certain uses,though perhaps
inherently commercial,are better suited to industrial areas
of the city.As a result,certain additional overlay zones
may be created to allow the location of commercial
businesses in industrial zones.It is also the.purpose of
the classifications in this chapter and Chapters 19.16 -
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19.28 to make it possible to more efficiently and
economically design and install all physical public service
facilities in terms of size and capacity to adequately and
permanently meet needs resulting from a defined intensity of
land use and to provide for the health,safety,morals,
prosperity and well-being of the community at large.
Section 5.Amendment -19.16.010.Districts and their
purposes as set out in Section 19.16.010 of Chapter 19.16 of the
Marysville Municipal Code are hereby amended for the general
industry district to read as follows:
General Industry (GI)-Predominantly for
manufacturing,processing,fabrication and assembly of
products or materials,warehousing and storage and
transportation facilities,but also for commercial uses
having special impacts and regulated by other chapters of
this title.
In addition,the table of permitted and provisional uses is
amended to delete a reference to "adult entertainment
facilities,"and to add a reference to adult facilities which
shall be permitted in a general industrial zone,sUbj"ect to a new
chapter of the Marysville Municipal Code to be identified as
Chapter 19.22.
"Adult facilities"shall mean an adult motion picture
theater,adult drive-in theater,adult cabaret,adult panoram
establishment and/or body shampoo parlors as defined by Chapter
19.22 Marysville Municipal Code,and satisfying the additional
locational criteria of that overlay zoning chapter.
Section 6.Chapter 19.22.A new Chapter 19.22 is hereby
added to the Marysville Municipal Code,which shall read as
follows:
Chapter 19.22
Adult Facility Overlay Zone
19.22.010 Purpose.The purpose of establishing the
adult facilities overlay zone is to permit the location of
adult facilities in an area of the city which will reduce
the secondary effects of such an establishment on the
community.The performance criteria included in this zone
are intended to control external as well as internal impacts
of the development and bulk and special limitations in other
chapters of the zoning code are superseded by the provisions
of this chapter.It is the further purpose of this zone to
prevent the location of adult facilities throughout the city
by consolidating them in one area.Because of the unique
character of this zone,and its potential to disrupt
preexisting residential and commercial development in the
community,the city will only consider classifying property
in this zone if"such property is designated on the
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comprehensive plan as general industrial and is suitable for
adult facilities.
19.22.020 Applicability.All adult facilities,as
defined herein,shall be subject to the provisions of this
chapter.
19.22.030 Establishing in Certain Areas.The adult
facility overlay zone is to be established only upon land
located along the east side of the 47th Avenue NE alignment,
in the east half of the northeast quarter of Section 33,
Township 30 N.,Range 5 E.,W.M.,and in the northeast
quarter of the southeast quarter of Section 33,Township 30
N.,Range 5 E.,W.M.,as identified on the attached Exhibit
A map.
19.22.040 Permitted Uses.The following uses shall be
permitted in the adult 'facilities overlay zone:
(1)Adult facilities.
(2)All uses allowed in the underlying zone.
19.22.050 Definitions.For the purposes of this
chapter and unless the context plainly requires otherwise,'
the following definitions are adopted:
(1)"Adult facility or facilities"means and includes
an adult cabaret,adult drive-in theater,adult motion
picture theater,adult panoram establishment,or body
shampoo parlor.
(2)"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 "specified sexual activities"or
"specified anatomical areas."
(3)"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 characterized by an emphasis on matter
depicting,describing or relating to "specified sexual
act.LvLt.Le s "or "specified anatomical areas."
(4)"Adult motion picture theater"is an enclosed
building used for presenting for commercial purposes motion
picture films,videocassettes,cable television or any other
such visual media,distinguished or characterized by an
emphasis on matter depicting,describing or related to
"specified sexual activities"or "specified anatomical
areas"for observation by patrons therein.
(5)"Adult panoram establishment"or "adult panoram"
means a business in a building or a portion of a building
which contains device(s)which for payment of a fee,
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..
membership fee or other charge,is used to exhibit or
display a picture,view,or other graphic display
distinguished or characterized by emphasis on matter
depicting,describing or relating to "specified sexual
activities"or "specified anatomical areas."
(6)"Body shampoo parlor"means any place open tq the
public where an attendant is present and a patron's body is
washed or shampooed.A body shampoo parlor shall not
include any barber or beauty salon,medical facility or
nursing home facility where a customer or patient may be
washed,shaved and/or shampooed.
(7)"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 discernibly turgid
state,even if completely or opaquely covered.
(8)"Specified sexual activities"means:
(A)Acts of human masturbation,sexual'
intercourse or sodomy;
(B)Fondling or other erotic touching of human
genitals,pubic region,buttock,or female breast;
(C)Human genitals in a state of sexual
stimulation or arousal.
19.22.060 Conforming Uses.Notwithstanding the
provisions of Chapter 19.40 relating to nonconforming uses,
any adult facility lawfully existing and operating on the
effective date of the ordinance or at the time of annexation
of an area into the city may be continued and maintained
without regard to the restrictions on adult facilities
contained herein .on the following conditions:
A.There may bea 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 facility or use is vacated,abandoned
or closed for continuous periods of 180 days,the
nonconforming status shall be lost.
C.The adult facility or use cannot be expanded into
additional buildings or areas of buildings on the property.
D.Al other codes,ordinances,regulations and
statutes shall be complied with in full.
·/mv/auz.ord 5
E.All nonconforming adult facilities and uses shall
be granted a phase-out period of two years,unless said two-
year period is an·unreasonable period of amortization for
the said use.In that event,a nonconforming adult facility
shall make application to the City Land Use Hearing Examiner
no later than 180 days prior to expiration of the two-year
amortization period for an extension of time.The decision
of the Hearing Examiner shall be in accordance with the
provisions of Chapter 2.70 Marysville Municipal Code.In
determining whether to recommend the granting of an
extension or not,the Hearing Examiner shall determine
whether or not the harm or hardship to the nonconforming
adult facility outweighs the benefit to be gained by the
public from termination of the use.Factors to be
considered by the Examiner include the secondary adverse
effects of the business on the neighborhood/community,the
location of the business in relationship to schools,parks,
churches,athletic facilities,convention facilities,
residential zones,initial capital investment,investment
realization to date,life expectancy of the investment,the
existence or nonexistence of a lease option,as well as a
contingency clause permitting termination of the lease,and
whether a reasonable alternative use of the property exists.
19.22.070 Enforcement.
A.Violation of any of the provisions of this chapter
relating to adult 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.
19.22.080 Severability.Each provision of this
chapter is separate and severable from all other provisions
of this chapter.The invalidity of any clause,sentence,
paragraph,subdivision,section or portion of this chapter,
or the invalidity of the application thereof to any person
or circumstances shall not affect the enforcement of the
remainder of this chapter to any person or circumstances~
Section 7.Amendment--19.36.080.Subsections (3)and (10)
of Section 19.36.08Q.of the Marysville Municipal Code are hereby
amended to read as follows:
19.36.080(3).Lighting in areas provided for off-
street parking shall be so arranged to not constitute a
nuisance or hazard to passing traffic,and where parking
lots share a common boundary line with residentially zoned
property,lighting devices shall be shaded and dir~cted to
/mv/auz.ord 6 .
play their light away from the residentially zoned property.
Notwithstanding the provisions of this subsection,however,
it shall not affect or limit exterior lighting standards as
may be imposed by Chapter 5 of the Marysville Municipal Code
on adult cabarets,adult motion picture theaters,and adult
drive-in theaters.
19.36.080(10).Parking areas should be located
and designed to consider impacts to the streetscape.
Except for adult facilities as defined by Marysville
Municipal Code Section 19.22.050,where feasible,on-
site parking shall be located at the sides and rear of
buildings or complexes.For adult facilities,on-site
parking shall be located where most visible from both
the streetscape and the public access to the adult
facility.
Section 8.Amendment--19.36.120.Section 19.36.120 of the
Marysville Municipal code is hereby amended to add in its
tabulation of use classification and number of parking spaces a
new subpart (40),reading as follows:
(40)Adult facility as defined by MMC 19.22.050.
One per 75 square feet of gross floor area or,in the
case of an adult drive-in theater,one per viewing
space.
Section 9.Amendment--19.60.020.Section 19.60.020 of
Chapter 19.60 of the Marysville Municipal Code is hereby amended
to read as follows:
(1)The purpose of this chapter is to provide for
the location and grouping of industrial enterprises and
activities involving manufacturing,assembly,
fabrication,processing,bulk handling and storage,
research facilities,warehousing,heavy trucking and
certain uses,though perhaps inherently commercial,
that are best suited to industrial areas of the city.
It is the purpose of this zone to protect a land base
for the aforesaid businesses and the "employment
opportunities they represent.These purposes are
accomplished by:
(a)Allowing for a wide range of industrial
and manufacturing uses,but providing also for
certain commercial uses that have a need to be
separated from residential areas;
(b)Establishing appropriate development
standards and public review procedures for the
aforesaid businesses;and
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....
(c)Except for the permitted uses,limiting
other service,residential and commercial uses to
those necessary to directly support the permitted
uses.
(2)Use of this zone is appropriate in areas
designated by the comprehensive plan as industrial and
which are served at the time of development by adequate
public sewers,water supply,roads and other needed
public facilities and services.
Section 10.Amendment--19.60.160.Section 19.60.160 of
Chapter 19.60 of the Marysville Municipal Code is hereby amended
to delete reference to adult entertainment facility and in the
same place in the table to add the following:
Land Use BP GI LI
Adult facility as defined
by 19.22.050 p
Section 11.End of Moratorium;Effective Date.The
moratorium imposed by Ordinance No.2022 is hereby rescinded on
the effective date of this ordinance,which shall go into effect
in accordance with the general law applicable to ordinances of
the City of Marysville.
~.PASSED b Yr ;:J.4..,City.Council and APPROVED by the Mayor this~day of ~,1996.
MAYOR
CITY OF MARYSVILLE
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ATTEST:
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/Y/..,;.,.,--;-::--/\,".,~__"./...~/By ..'t·t>·~~.~!~~..")_\.j,-,r~)'qy"-"c:J CITY CLERK
Approved as to form:
BylJ~tk.GJ~
~CITY ATTORNEY
Date of Publication:
Effective Date (5 days after publication):
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