Ordinance 2566-01 - Laserfiche WebLink

s ' NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: Section 5, Table 5.2 (16d) under Special Regulations for Zoning Code Table #5.2 of Ordinance No. 1671-89 as amended Ordinance No.'s 2397-99, 2445-00 and 2525-01, as amended, which reads as follows: "In the B-2(B), M-M and M-1 zones, restaurants are permitted only in multiple tenant buildings in which non-restaurant uses occupy at least 75% of the gross floor area of the total building." Is hereby amended to read as follows: In the M-M and M-1 zones, restaurants are permitted only in multiple tenant buildings in which non-restaurant uses occupy at least 75% of the gross floor area of the total building. (i) In the B-2(B) zone, restaurants may be contained in and exclusively occupy free standing structures which takes up to,but no more than, 66% of the total gross floor area of the building(s) on the site where they are located. A site plan for the entire site shall be approved when a restaurant is proposed. Said plan shall show all uses, locations and landscaping. (ii) Where free standing restaurants are sited in the B-2(B) zone in conjunction with office building(s) either at the same time or not, and when the affected site abuts residentially zoned lots, the outside wall(s) of the office building(s) shall be placed as near to the residentially zoned lots as applicable provisions of this Code allow. The restaurant use shall be located next to the street and/or away from residentially zoned lots. (iii) Where one or the other permitted uses is not to be constructed under the provisions of a permit application, the remaining"vacant"portion, where the future use will be located, shall be provided with Type IV "stabilizing"landscaping. That portion of the perimeter landscaping abutting residentially zoned lots,where they occur, shall be Type III landscaping of the appropriate category. In all cases, site obscuring fencing, not including chain link, shall be used when abutting residentially zoned lots. Section 2: Should any section, subsection,paragraph, sentence clause or phrase set forth in this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Everett hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause,phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.