Chapter 22C.030


22C.030.010    Purpose.

22C.030.020    Authority.

22C.030.030    General provisions.

22C.030.040    Location.

22C.030.050    Permitted uses.

22C.030.060    Existing adult facilities.

22C.030.070    Violation.

22C.030.010 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as well as internal impacts of the development and bulk and special limitations in other chapters of this title are superseded by the provisions of this chapter.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 pre-existing residential and commercial development in the community, the city will only consider classifying property in this zone if such property is designated on the comprehensive plan as “general industrial” and is suitable for adult facilities. This chapter provides alternative development standards to address unique site characteristics and to address development opportunities which can exceed the quality of standard developments, by:

(1) Establishing authority to adopt property-specific development standards for increasing minimum requirements of this code on individual sites; and

(2) Establishing the adult facilities overlay zone with alternative standards for special areas designated by the comprehensive plan or neighborhood plans. (Ord. 2852 § 10 (Exh. A), 2011).

22C.030.020 Authority.

(1) This chapter authorizes the city of Marysville to increase development standards or limit uses on specific properties beyond the general requirements of this code through property-specific development standards, and to carry out comprehensive plan policies through special districts and overlay zones which supplement or modify standard zones through different uses, design or density standards or review processes.

(2) The adult facilities overlay zone shall be applied to specific properties or areas containing several properties through zoning reclassification as provided in MMC 22G.010.420. (Ord. 2852 § 10 (Exh. A), 2011).

22C.030.030 General provisions.

Adult facilities overlay zones shall be designated on the city zoning map as follows:

(1) Designation of the adult facilities overlay zone shall include policies that prescribe the purposes and location of the overlay;

(2) An adult facilities overlay zone shall be indicated on the zoning map with the suffix “-AF” following the map symbol of the underlying zone or zones;

(3) The adult facilities overlay zones set forth in this chapter may expand the range of permitted uses and development standards established by this code for any use or underlying zone; and

(4) Unless they are specifically modified by the provisions of this chapter, the standard requirements of this code and other city ordinances and regulations govern all development and land uses within the adult facilities overlay zone. (Ord. 2852 § 10 (Exh. A), 2011).

22C.030.040 Location.

The adult facilities 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 following map:

(Ord. 2852 § 10 (Exh. A), 2011).

22C.030.050 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. (Ord. 2852 § 10 (Exh. A), 2011).

22C.030.060 Existing adult facilities.

Notwithstanding the provisions of Chapter 22C.100 MMC relating to nonconforming uses, any adult facility lawfully existing and operating on the effective date of the ordinance codified in this chapter 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:

(1) 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.

(2) If the adult facility or use is vacated, abandoned or closed for a continuous period of 180 days, the nonconforming status shall be lost.

(3) The adult facility or use cannot be expanded into additional buildings or areas of buildings on the property.

(4) All other codes, ordinances, regulations and statutes shall be complied with in full.

(5) 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 22G.060 MMC. 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 and 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. (Ord. 2852 § 10 (Exh. A), 2011).

22C.030.070 Violation.

(1) 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.

(2) 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. (Ord. 2852 § 10 (Exh. A), 2011).