Marysville City Zoning Code

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

Establishing the adult facilities overlay zone with alternative standards for special areas designated by the comprehensive plan or neighborhood plans.

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.

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.

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

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;

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

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.

Adult facilities.

All uses allowed in the underlying zone.

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.

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

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

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

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.

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.

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.