Ordinance 2538-01 - Laserfiche WebLink

2. Change to Another Nonconforming Use. A nonconforming grocery store may be changed to another neighborhood oriented business using Review Process I and the evaluation criteria that apply to expansion of nonconforming uses contained in Section 38.090. SECTION 63: That Ordinance No. 1671-89 as amended by Sections 11 and 16 of Ordinance No. 2144-96 (EMC 19.39.025 A)which reads in part as follows: A. Locational Requirements. 1. An adult use business as defined by this title shall be permitted within the city limits only if it meets all of the locational requirements set forth in this section. 2. Adult use businesses shall be prohibited within one thousand feet of any area of the city zoned for residential purposes. Residential zones shall include the R-S, R-S-1, R- 1, R-2, R-1(A), R-2(A), R-3, R-3(L), R-4, R-5 zones and any other residential zone hereafter adopted by the city. 3. Adult use business shall be prohibited within one thousand feet of any church, synagogue, mosque, or temple. For purposes of this section, land uses for which the principal use is not a church, synagogue, mosque, or temple but which include such a use as an accessory or incidental use to the principal use, such as a chapel within a hospital, a social service facility which provides religious services such as the Everett Gospel Mission, or other similar arrangement, shall not be deemed to be a church, synagogue, mosque, or temple. 4. Adult use businesses shall be prohibited within one thousand feet of any public or private school offering general education for students between the years kindergarten through twelfth grade. For purposes of this section, athletic training facilities such as gymnastics,judo, karate, and dance and similar uses shall not be deemed to be a school. 5. Adult use businesses shall be prohibited within one thousand feet of any public park or playground operated by the city. For purposes of this section,bike paths, trails, waterways and boat launches shall not be deemed to be a public park. 6. Adult use businesses shall be prohibited within one thousand feet of any designated community development block grant neighborhood. 7. Adult use businesses shall be prohibited from locating within five hundred feet of any other adult use business. 8. Adult use businesses shall be prohibited from locating within five hundred feet of any existing establishment selling alcoholic beverages for consumption on premises. 9. Distances provided for herein shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed adult use business is or is to be located, to the nearest point of the parcel of property or the zoning district boundary line from which the proposed adult use business is or is to be separated. 10. Nothing within locational requirements set forth in this chapter shall preclude an adult use business from conducting more than one adult use activity within a single structure; provided, the adult use business shall comply with provisions of this title and all other city ordinances. 11. In the event an adult use business is legally established in accordance with the requirements of this title and does not constitute a nonconforming use as defined in 51