Ordinance 1303-86 - Laserfiche WebLink

• benefit to be gained from 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 relation to sensitive land uses such as schools, parks, churches, residential zone(s), etc. , initial capital investment, investment realization to date, life expectancy of the investment, the existence or nonexistence of a lease obligation, as well as a contingency clause permitting termination of the lease, or whether a reasonable alternate use of the property exists. The action of the Examiner shall constitute a final decision which is appealable to the Everett City Council in accordance with the requirements of the City's Land Use Hearing Code, Chapter 2.23 EMC. 4. All nonconforming adult use businesses which are in existence as of the date this ordinance is passed shall provide the City's Planning Director with copies of their current leasehold document(s) which sets forth their existing leasehold time period or, in the case of a non-leasehold interest, the City's Planning Director shall be provided other documents which show record of ownership. These documents shall be provided to the City's Planning Director within six (6) months of the effective date of this ordinance. E. EXCEPTIONS This ordinance is not intended to apply to a chance showing of a film, single film showing, or to film showings in a clinical setting under the control of a licensed clinical psychologist, psychiatrist, physician, or registered nurse practitioner. F. ENFORCEMENT 1. Notwithstanding any other provisions of the Zoning Code, any violation of any of the provisions of this ordinance is declared to be a public nuisance per se, which shall be abated by City Attorney by way of civil abatement procedures only, and not by criminal prosecution. 2. Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City of Everett ordinance or statute of the State of Washington regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof. Section 2: Severability: If any section, subsection, sentence, clause, phrase or any portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. 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. -5-