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3 <br /> Whereas,the City Council concludes that: <br /> 1. The City Council held a public hearing on the Ordinance on March 16,2016. <br /> 2. Cities have the right to either ban or to establish limits on the number of marijuana stores <br /> in their municipal limits. <br /> • NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: FINDINGS OF FACT. The "WHEREAS' provisions above shall constitute <br /> Findings of Fact and are incorporated by reference as if fully set forth herein. <br /> Section 2: Section 2.0 of Ordinance No. 3443-15,which reads as follows: <br /> C. Retailers: Marijuana retailers may operate in the City pursuant to the following <br /> restrictions: <br /> 1. Marijuana retailers must comply with all requirements of state law, Washington <br /> • State Liquor Control Board and the City; <br /> 2. Marijuana retailers may locate only within the B-2, B-3, BMU, C-1, C-1R, C-2, <br /> E-1,E-1MUO,and M-2 zones; <br /> 3. Marijuana retailers may not locate in Neighborhood Business(B-1)zones; <br /> 4. Marijuana retailers may not locate in a building in which non-conforming retail <br /> uses have been established in residential zones (R-S, R-1, R-1(A), R-2, R-2(A), <br /> R-3,R-3(L),R-4,and R-5 zones); <br /> 5. Marijuana retailers may not locate within 1,000 feet of any parcel containing.an <br /> elementary or secondary school, playground, recreation center or facility, child <br /> care center, public park, public transit center, or library, or any game arcade <br /> admission to which is not restricted to persons aged twenty-one years or older; <br /> 6. Marijuana retailers may not locate within 2,500 feet of any other legally <br /> established marijuana retailer; <br /> 7. Customer parking for marijuana retailers must be on the public street side of the <br /> structure in which the marijuana retailer is located and may not be off of or <br /> adjacent to an alley. However, staff parking and business deliveries may occur on <br /> the alley side of the structure; <br /> 8. Vehicular access to the parking lot for a marijuana retailer shall be from the <br /> public street frontage and may not be from an alley. Any property located on a <br /> street from which vehicular access to the site from the street is prohibited by the <br /> City Engineer shall not be allowed for use as a marijuana retailer; <br /> 9. Marijuana retailers shall not be allowed on any parcel containing a residential use; <br /> 2 <br /> 17 <br />