Chapter 17.16
PERMITTED, CONDITIONAL, TEMPORARY AND INTERIM USES

Sections:

17.16.010    Purpose.

17.16.020    Categories of uses.

17.16.030    Lots.

17.16.040    Permitted use matrix.

17.16.010 Purpose.

The purpose of this chapter is to establish permitted, conditional, temporary and interim uses, by zone, for all areas within the city. Uses with additional requirements are indicated on the “Permitted Use Matrix” by reference numbers. Reference notes for said number as contained in Section 17.16.040(B). (Ord. 1262 § 3 (Exh. A) (part), 2010: Ord. 908 § 7 (part), 1997)

17.16.020 Categories of uses.

All uses are, in a given zone, one of five types:

A.    Permitted uses are those allowed as a matter of course in a given zone. No special zoning permit is required to establish a permitted use in a zone in which it is allowed;

B.    Conditional uses are those which require special review in order to ensure compatibility with permitted uses in the same zone. A conditional use permit is required before a conditional use may be established;

C.    Temporary uses are those which may be established under special circumstances for some temporary time period;

D.    Interim uses are those which may be established to address short-term circumstances for a limited time period; and

E.    Prohibited uses are those which are not allowed in a given zone. Any use not allowed by the code in a given zone is therein prohibited. (Ord. 1262 § 3 (Exh. A) (part), 2010: Ord. 908 § 7 (part), 1997)

17.16.030 Lots.

Uses shall be established upon legally created or legal nonconforming lots. A lot may have more than one permitted, conditional, temporary or interim use placed within its bounds, except that only one single-family dwelling may be placed on a lot. Multiple-family structures may be placed on lots at densities controlled by Chapter 17.20. (Ord. 1262 § 3 (Exh. A) (part), 2010: Ord. 908 § 7 (part), 1997)

17.16.040 Permitted use matrix.

A.    Table 17.16.040.

Table 17.16.040 

RESIDENTIAL

COMMERCIAL

INDUSTRIAL

PUBLIC

USE

RD

12.5

RD

12.5(S)

RD

9.6

RD

9.6(S)

RD

8.4

RD

7.5

RD

7.2

WFB

MRD

MR

CB

(S)

CB

(S)-2

PCB

(S)

DB

CB

PCB

WMU1

BP

IP

PI

LI

HI

PSP2

OS40

Residential and Associated Uses

Animal and horse shelter building, barns47

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Caretakers quarters

P

P

P

Dwelling units:

SFR

P

P

P

P

P

P

P

P

P

P

P9

P8

SFR Cottage45

C

C

C

C

P

P

Duplex

P

P

P9

Townhouse

P10

P10

P10

P10

P10

P

P

P9

Multifamily

P

P

P9

Mixed-Use 46

P

P8

P

P

P8

Accessory dwelling unit11

P

P

P

P

P

P

P

P

P

P

Family day care home12

P

P

P

P

P

P

P

P

P

P

Group care facility13

C

C

C

C

Home occupation14

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Horse paddocks48

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Housing for people with functional disabilities15

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Kennel, hobby49

P

P

P

P

P

P

P

Manufactured home51

P

P

P

P

P

P

P

P

P

P

Model house/sales office

P

P

P

P

P

P

P

P

P

P

P

P

P

Retirement apartments and/or housing16

P

P

P

P

P

P

P

C

Rooming and boarding17

P

P

P

P

P

P

P

P

P

P

Swimming pool, private18

P

P

P

P

P

P

P

P

P

P

P

P

Temporary use dwelling: during construction

T

T

T

T

T

T

T

T

T

T

Trailers and mobile homes for living purposes52

T

T

T

T

T

T

T

T

T

T

Commercial Uses44

Adult entertainment business19

P

P

P

P

P

Animal services, animal services facility

P

P

P

P

P

P

P

P

P

P

P

P

Amusement facility

P

P

P

P

P

P

P

P

Art gallery

P

P

P

P

P

P

P

P

P

P

P

P

C4, 5, 6

Art studio in conjunction with retail

P

P

P

P

P

P

P

P

P

Auto repair, minor

C

C

C

C

C

P

P

Bed and breakfast20

C

C

C

C

C

C

C

C

C

C

P

P

P

P

P

P

P

C4, 5, 6

Boat launch facility, motorized21

C

C

Brewery, micro; and winery

P22

P22

P22

P22

P22

P22

P22

P

P

P

P

P

Cleaning establishments

P

P

P

P23

P

P

P23

P

P

Clubs, charitable, nonprofit or social organizations

C

C

C

C

C

C

C

C

C

C

P

P

P

P

P

P

C

P

P

P

P

P

C

Commercial parking lot55

I/C

I/C

C

I

I/C

C

I/C56

C

C

C

C

C

C

C4, 6

Commercial parking structure55

C

C

C

C

C

C

C56

C

C

C

C

C

C

C

Concession stand24

C

C

P6

Day care center25

C

C

C

C

C

C

C

C

C

C

P

P

P

P

P

P

P

P

P

P

P

P

C

Dock and boathouse, public26

P

P

Ferry terminal and parking area

C

P

Fix-it shop27

C

C

C

C

C

C

P

P

P

P

P

Financial institutions

P

P

P

P

P

P

P

P

P

P

P

P

Government offices

C

C

C

C

C

C

C

C

C

C

P

P

P

C

P

P

C/P

P

P

P

P

P

P

C6

Government garage, shops, fire stations, police stations and storage buildings

C28

C28

C28

C28

C28

C28

C28

P

P

P

P

P

C

Health club

P

P

P

P

P

P

P

P

P

P

P

P

Commercial Uses44

Hospital29

C

C

C

C

C

C

C

C

C

C

C

C

P

C

C

C

P

P

C

Hotel/Motel29

C

C

P

P

P

P

P

P

P

C

Marina

P

Mobile fuel distribution53

P53

P53

P53

C53

P53

P53

C53

P53

Motor vehicle and equipment sales

C

C

P

P

Mortuary, funeral home

C

P

P

P

P

P

Museum

P

P

P

P

P

P

C

P

P

P

P

P

P

C4, 5, 6

Nursing home29

C

P

P

C

C

Office, general

P

P

P

P

P

P

P

P

P

P

P

P

Park and ride lots

C

C

C

C

C

C

C

C

C

C

C

C

P

C

Personal services shop

P

P

P

P

P

P

P

P

P30

P

P

Restaurant

P

P

P

P

P

P

P

P

P30

P

P

P

Retail store/commercial services

P

P

P

P

P

P

P

P

P

C31

Retail allied to or supportive of the principal use

P

P32

P32

P32

C4, 5, 6

Service station

P

P

P

C

P

P

C

P

Tavern

P

P

P

P

P

P

C

P

Television/radio stations and/or towers

C

C

C

C

C

C

P

P

P

P

P

Television and radio towers, for residential, private, noncommercial use over fifty feet in height

C

C

C

C

C

C

C

C

C

C

Industrial Uses44

Auto towing33

C

C

Auto repair, major

C

C

Bakery, wholesale for distribution

P

P

P

P

P

Boat sales, service and repair

P

P

Industrial Uses44

Building contractor, yard

P

P

P

Cold storage

P43

P43

P

P

P

P

P

Commercial vehicle storage facility

C

C

C

P

P

Equipment rental

C

C

C

Explosives: storage

C

C

C

C

manufacturing

C

C

Fabrication shop

P43

P43

P

P

P

P

P

Kennel

P50/C

P50/C

P50/C

P50/C

P50/C

P

P

P

P

Laboratory

P43

P43

P

P

P

P

P

Manufacturing, heavy

C

P

Manufacturing, light

P43

P43

P

P

P

P

P

Mini-self storage

C

C

C

P

P

Printing plant

P

P

P

P

P

P

Tool rental (med. to heavy equipment)

P

P

Warehousing

P43

P43

P

P

P

P

P

Wholesale establishment

C

C

C

C

C

P

P

P

P

P

Community Uses

Community center buildings and grounds

P

P34

Golf course and driving range

C

C

C

C

C

C

C

C

C

C

P

P

P

C

C

C

P

P

P

P

P

C

Open space35

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Pedestrian bus/transportation shelter

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Recreational facility not otherwise listed

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

P

P

P

P

P

P

C

Swimming pool, public

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

P

P

P

P

P

P

P

P

Utilities

Major above-ground utility facility

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

P

P

P

P

P

C

C

Water and sewer treatment plants

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Wireless communication facilities – Detached37

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

P/C

P

C

C

Wireless communication facilities – Attached37

C

C

C

C

C

C

C

C

C

C

P

P

P

P

P

P

C

P

P

P

P

P

C

C

Wireless communication facilities – Temporary37

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

C

Other

Higher education or trade school

C

C

C

C

C

C

P

P

P

P

P

C

Homeless encampments54

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

Moved-in buildings (other than manufactured homes)

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

P

P

P

P

P

C

C6

Nonconforming use: changes or intensification38

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Places of worship

C

C

C

C

C

C

C

C

C

C

P

P

P

P

P

P

P

P

P

P

P

C

Railroad right-of-way

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

School: K–12 and preschool

C

C

C

C

C

C

C

C

C

C

P

P

P

P

P

P

C

Temporary buildings (one year or less)

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

P

P

P

P

P

C

C

Temporary emergency use39

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

P = Permitted Use

C = Conditional Use

T = Temporary Use

I = Interim Use

Blank = Not Allowed

B.    Reference Notes for Permitted Use Matrix.

1.    Waterfront Mixed-Use District. All development in the waterfront mixed-use district shall comply with Mukilteo Municipal Code, Chapter 17.25, Design Standards and Guidelines for Mixed-Use Development, and shall be approved through administrative design review.

2.    Public/Semipublic Conditional Use Permit Criteria. In considering any conditional use permit for uses within the public/semipublic district, the permit authority shall consider all factors relevant to the public interest including, but not limited to:

a.    Consistency of the proposal with the comprehensive plan and with the purpose of the PSP district;

b.    Impact of the proposal on the visual and aesthetic character of the neighborhood;

c.    Impact of the proposal on the distribution, density or growth rate of the population in the surrounding neighborhoods;

d.    Orientation of facilities to developed or undeveloped residential areas;

e.    Preservation of natural vegetation and other natural features;

f.    Hours of operation;

g.    Ability to provide adequate on-site parking;

h.    Traffic impacts of the proposal on the neighborhood;

i.    Conformance with other city ordinances; and

j.    An overall general benefit shall be provided to the community.

3.    Footnote deleted with Ordinance 1088 – This footnote is left blank on purpose.

4.    Uses in the OS District. Uses only allowed at Mukilteo Lighthouse Park.

5.    Uses in the OS District. Uses only allowed at Mukilteo Lighthouse sites.

6.    Accessory Uses in the OS District. Only allowed if accessory, incidental, and subordinate to, and in support of, a principal public recreational use. Accessory structures shall be in keeping with the existing design and scale of the site and surrounding neighborhood.

7.    Single-Family Residences in the MRD District. Single-family residences in the MRD district shall meet the bulk requirements of the RD 12.5 District (Section 17.20.020).

8.    Single-Family and Multifamily Residences in the DB and WMU District. Single-family and multifamily residences are subject to the following stipulations:

a.    No single-family residence may be located north, or northwest of the Burlington Northern railroad tracts;

b.    Multifamily residences may be located in the DB and WMU districts as an accessory use, provided they are combined with either retail, service, professional offices or other permitted commercial uses;

c.    For each one thousand square feet of commercial space in the DB district, one living unit for computation of density will be allowed as an accessory use. Fractional units of more than one half shall be rounded to the next higher whole density unity;

d.    The dwelling units shall be located either below, behind, or above permitted commercial uses in the DB, and only above commercial, office or parking uses in the WMU zone. Living quarters located on the street level shall be located behind the commercial use of the structure; and

e.    Single-family and multifamily residences that existed prior to the effective date of the ordinance codified in this chapter may be altered; provided, that no additional dwellings units are created unless combined with commercial uses in accordance with the provisions of this section.

9.    Development Agreements. Single-family residential, duplex, and townhouse uses are only allowed in the planned community business—south (PCB(S)) district if combined with a development agreement approved by the Mukilteo city council.

10.    Townhouse. Shall be subject to all conditions of the PRD standards of the Mukilteo Municipal Code.

11.    Accessory Dwelling Units. All accessory dwelling units shall comply with Chapter 17.30, Accessory Dwelling Units, and require issuance of an ADU permit pursuant to Chapter 17.30 that must be renewed annually.

12.    Family Day Care. A family day care shall be permitted out-right in all zoning districts permitting residences and shall be subject to the following requirements:

a.    Meet Washington State child day care licensing requirements;

b.    Comply with all building, fire safety, health code, and business licensing requirements;

c.    Lot size, building size, setbacks and lot coverage conform to the standards of the zoning district except if the structure is a legal nonconforming structure;

d.    Parking requirements shall conform to Chapter 17.56;

e.    Signage, if any, will conform to Chapter 17.80;

f.    Filing of a business license application form with the city as provided for in Section 5.04.050 of this code;

g.    No structural or decorative alteration which will alter the single-family character of an existing or proposed residential structure or be incompatible with surrounding residences is permitted;

h.    The licensee shall provide a securely fenced play area which meets the height requirements for front, side and rear yards according to Section 17.20.080;

i.    The site must be landscaped in a manner compatible with adjacent residences;

j.    All immediately adjoining property owners of the family day care shall be notified of the proposed use and a ten-day comment period shall be established before any final action is taken on the proposal;

k.    The planning director or his/her designee may impose reasonable conditions on the approval of the family day care permit in order to ensure that the criteria of this chapter are met and that the facility is in harmony with the surrounding neighborhood; and

l.    Any person may appeal a condition that is imposed by the city upon a family day care by appealing the condition to the city council. Any appeals shall be made in writing within twenty-one calendar days of the imposition of the condition by the city. Appeals of the planning director may be made to the city council, in writing, within twenty-one calendar days of the planning director’s written decision.

13.    Group Care Facilities. Approval of group care facilities shall be subject to the following requirements:

a.    Comply with the definition of group care facility and type of populations to be served and not served;

b.    That the facility must be licensed by the appropriate state authority certifying the adequacy of the proposed structure for the type of use and the maximum number of persons and the required level of supervision and treatment/training required; and

c.    Coordination of restrictions:

i.    Group care facilities shall not be adjacent to another group care facility, and there shall be a minimum separation of five hundred feet between facilities,

ii.    Not more than two facilities containing a combined total of not more than thirty people shall be allowed in any designated planning area,

iii.    Parking. One stall per employee for the largest shift and one stall per person or household where the use of an automobile is allowed,

iv.    Signing. Compliance with the city’s current sign code,

v.    A landscaping plan shall be presented which shall provide an aesthetic buffer adjacent to residential uses, landscaping on a minimum of fifteen percent of the site. If the facility is to serve children, playground equipment shall be supplied and be considered part of said fifteen percent requirement,

vi.    Revocation of Permit. If the operation of the group care facility creates a nuisance or safety problem for the surrounding neighborhood, the permit authority may review the permit. Additional conditions may be imposed by the city or, if the problem cannot be satisfactorily resolved by such additions, the permit may be revoked after a hearing.

14.    Home Occupations. Home occupations; provided, that the following conditions are met:

a.    Occupation is clearly subordinate to the use of the dwelling as a residence;

b.    Occupations must be of such a nature that they are customarily carried on by the occupants, within the confines of a residence to the exclusion of accessory buildings and that there is not more than one person other than members of the immediate family employed;

c.    That there is no stock in trade other than that produced by the inhabitants which are displayed or sold on the premises;

d.    That there is no exterior evidence that the structure is being used for any nonresidential purpose, with the exception of a nonluminous sign bearing the name and occupation of the occupant, three square feet maximum placed flat against the building; and

e.    That there is nothing about the occupation which would disturb the surrounding neighbors, such as vibrations, smoke, dust, increased traffic, loud noises, and/or bright lights.

15.    Housing for People with Functional Disabilities. Housing for people with functional disabilities, as defined in this code, and which meets the applicable state licensing requirements, shall be considered a residential use of a property for zoning purposes. It shall be a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings. In addition, the conversion of an existing residential structure to housing for people with functional disabilities shall not be deemed a change of use or an abandonment or discontinuity of the prior use the structure, if such structure constituted a prior legal nonconforming use.

16.    Retirement Apartments and/or Housing. Every proposed retirement apartment and/or housing project shall meet the following development standards:

a.    The number of dwelling units allowed shall be calculated at twenty-two units per acre.

b.    Twenty percent of the net buildable area shall be established as open space and shall be developed to provide for the specific recreational needs of the retirement residents. The open space areas shall include, but not be limited to, a mix of courtyard or plaza features with seating areas, water features, and/or walking paths.

c.    All buildings and structures shall maintain a minimum interior side yard setback of fifteen feet and minimum rear yard setback of twenty-five feet. Side yards adjacent to a street shall be the same as the front setback. If the bulk requirements of the zone is more restrictive, the more restrictive code requirement shall apply.

d.    A public transit stop shall be located within one-quarter mile of the site and shall be accessible from the site by a direct sidewalk or American Disabilities Act (ADA) accessible walkway route.

e.    A special transportation program, such as a public or private van pool, shall be available to the residents of the site for transportation to activities including, but not limited to, places of worship, cultural events, libraries, medical facilities, parks, post offices, personal services, retail shopping and senior centers.

f.    Requests for a reduction in the off-street parking requirements may be considered pursuant to Section 17.56.055. Parking stall width shall be increased to a minimum of nine feet. The parking lot area shall have a maximum grade of five percent.

g.    Comply with all of the laws, rules, regulations and standards for boarding homes pursuant to Chapter 18.20 RCW. A city business license and a copy of the approved state license for the facility shall be submitted to the city prior to occupancy of the building.

h.    All buildings and structures shall be designed to project a residential, rather than an institutional appearance through the use of architecture, landscaping, and building materials. All buildings shall incorporate a pitched roof design; no flat roofed buildings will be allowed. Urban design guidelines contained in the Development Design Review Guide (Ordinance 916, Exhibit B) shall be used for addressing architectural and site design issues (including, but not limited to, building materials, form, and articulations).

i.    The on-site circulation system shall not account for more than twenty percent of the gross development area.

j.    Retirement facilities may not be converted to multifamily structures unless allowed by the underlying zoning district and without the consent of the city. If the use of the property should change to a use other than senior housing, the property shall revert to its underlying zoning and density restrictions, parking requirements and any existing structure shall be brought into conformance with the underlying zoning. An acceptable covenant or land use agreement between the developer and the city shall be recorded acknowledging the land use restriction on the property.

k.    The planning commission may allow a density up to thirty units per acre and/or an increase in the building height up to thirty-five feet after holding a public hearing on the proposal. In making a decision on the application, the planning commission shall have the authority to approve the application as presented, deny the application, or approve the application with such conditions, regulations, or safeguards as the commission deems necessary to: (1) ensure the application meets the criteria listed below, and (2) that the purpose and intent of retirement housing regulations are not violated. The commission shall also have the power to reconsider any such decision at a public hearing.

i.    All retirement apartments and/or housing applications which propose a unit density greater than twenty-two units per acre must have accompanying them a mass and height study showing the relationship between the building and all adjoining properties. The study shall include a comparison of the building heights and the amount of horizontal space separating the retirement housing facility and all adjoining properties at twenty-two units per acre and at thirty units per acre. The density increase may be allowed by the planning commission if the increased density is designed in a way that visually separates the additional units from any adjoining single-family residential neighborhood. Creative site design, building articulation, and/or increased landscaping can be used to meet this requirement.

ii.    An increase of five percent open space, for a total of twenty-five percent of the net developable area, shall be included in the design of the project.

iii.    The building design shall include common gathering, fitness, and entertainment areas.

iv.    Building proposals in the planned community business district (PCB) may exceed the thirty-foot height limit, up to a maximum of thirty-five feet, as measured from the prior undisturbed average ground elevation, where it can be demonstrated to the planning commission’s satisfaction that the surrounding properties are impacted less by a taller building with less mass than a shorter building with greater mass.

17.    Rooming and Boarding. In single-family residential zones, rooming and boarding of not more than two persons shall be a permitted use, and in the multifamily zones, rooming and boarding shall be limited to not more than four persons.

18.    Swimming Pools. Private swimming pools are allowed; provided, that the following conditions are met:

a.    It is for the sole use of the occupants and their guests;

b.    No swimming pool will occupy a front yard;

c.    The swimming pool will not be located closer than seven feet from any rear or side property line; and

d.    That the swimming pool will be screened from adjacent properties by a solid wall or fence six feet in height.

19.    Adult Entertainment Uses.

a.    Scope of Restrictions. All adult entertainment facilities shall comply with the requirements of this section. The purpose and intent of requiring standards for adult entertainment facilities is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services permitted within the city. The standards established in this section shall not be construed to restrict or prohibit the following activities or products: (i) plays, operas, musicals, or other dramatic works that are not obscene; (ii) classes, seminars, or lectures which are held for a serious scientific or educational purpose that are not obscene; and (iii) exhibitions, performances, expressions, or dances that are not obscene.

b.    Separation Requirements. Adult entertainment facilities shall be permitted as indicated in “Permitted Use Matrix” set forth in subsection A of this section only if the following separation requirements are met:

i.    No adult entertainment facility shall be located closer than eight hundred feet to any residential zoning district including, but not limited to, the RD 7.2, RD 7.5, RD 8.4, RD 9.6, RD 9.6(S), RD 12.5, RD 12.5(S), RD 20.0, MR, and MRD zoning districts.

ii.    No adult entertainment facility shall be located closer than eight hundred feet to any of the following uses whether or not such use is located within or outside the city limits:

(A)    Any public park;

(B)    Any public library;

(C)    Any public or private nursery school or preschool;

(D)    Any public or private primary or secondary school;

(E)    Any day care;

(F)    Any community youth center;

(G)    Any place of worship;

(H)    Any multifamily residential use located in the PCB(S) or CB(S) zoning districts.

iii.    No adult entertainment facility shall be located closer than five hundred feet to any other adult entertainment facility whether such other facility is located within the city limits or another jurisdiction.

c.    Measurement. The five-hundred-foot and eight-hundred-foot buffers required by this section shall be measured by extending a straight line from the nearest point on the property line of the lot containing the proposed adult entertainment facility to:

i.    The nearest point on the boundary line of a residential zoning district; or

ii.    The nearest point on the property line of a public park; or

iii.    The nearest point on the property line of the lot containing a public library, public or private nursery school or preschool, public or private primary or secondary school, day care, community youth center, or place of worship, or multifamily residential use located in the PCB(S) or CB(S) zoning districts; or

iv.    The nearest point on the property of the lot containing an adult entertainment facility.

d.    Variances. Whenever the applicant for an adult entertainment facility believes that the separation requirements set forth in this section are not necessary to achieve an effective degree of physical separation between the proposed adult entertainment facility and the zoning district and uses identified in subsection (B)(19)(b) of this section, the applicant shall have the right to apply for a variance from the separation requirements subject to the procedures set forth in Chapter 17.64, Conditional Uses and Variances, and upon payment of the applicable fee for a variance application. In determining whether a variance should be granted, the following criteria in addition to the variance criteria set forth in Chapter 17.64, Conditional Uses and Variances, shall be considered:

i.    The extent to which physical features would result in an effective separation between the proposed adult entertainment facility and any zoning district or uses identified in subsection (B)(19)(b) of this section in terms of visibility and access;

ii.    The extent to which the proposed adult entertainment facility complies with the goals and policies of this code;

iii.    The extent to which the proposed adult entertainment facility is compatible with adjacent and surrounding land uses;

iv.    The availability or lack of alternative locations for the proposed adult entertainment facility;

v.    The extent to which the proposed adult entertainment facility can be avoided by alternative vehicular and pedestrian routes; and

vi.    The extent to which the applicant can minimize the adverse secondary effects associated with the proposed adult entertainment facility.

If, after considering these criteria and the variance criteria set forth in Chapter 17.64, Conditional Uses and Variances, the city finds that an effective degree of physical separation between the proposed adult entertainment facility and the zoning districts and uses identified in subsection (B)(19)(b) of this section can be achieved without requiring the full distance of separation provided by this section, the city shall determine the degree of variance to be allowed and shall grant the variance. Otherwise, the variance application shall be denied.

e.    Nonconforming Adult Entertainment Facilities. An adult entertainment facility shall be deemed a nonconforming use and shall be subject to the requirements of Chapter 17.68, Nonconforming Uses, Buildings, and Lots, if the property on which the adult entertainment facility is located is rezoned to a zoning designation which does not allow such uses after the date that such adult entertainment facility has located with the city in accordance with the requirements of this section.

20.    Bed and Breakfast. Minimum performance standards:

a.    Parking requirements shall be in accordance with the parking code. No on-street parking shall be allowed;

b.    Meal service shall be limited to overnight guests of the establishment. Kitchens shall not be allowed in individ