Chapter 17.72
PROVISIONS APPLICABLE TO ALL DISTRICTS
Sections:
17.72.010 Compliance with use regulations.
17.72.020 Compliance with height regulations.
17.72.030 Compliance with site, area and yard requirements.
17.72.040 Yards and open spaces.
17.72.050 Provisions deemed minimum standards.
17.72.060 Prior covenants – Jurisdiction.
17.72.070 Street improvements and site improvements.
17.72.090 Storage/cargo containers.
17.72.095 Use of ecology blocks.
17.72.100 Accessory building placement.
17.72.120 Portable marijuana related uses prohibited.
17.72.130 Marijuana uses prohibited.
17.72.140 Adult entertainment uses.
17.72.010 Compliance with use regulations.
Except as provided in this title, no building or structure shall be erected and no existing building or structure shall be moved, altered or enlarged, nor shall any land, building, structure or premises be used for any purpose or in any manner other than a use listed in this title or amendments thereto as permitted in the use district in which such land, building, structure or premises is so located. (Ord. 3315, 2006; Ord. 2352, 1989).
17.72.020 Compliance with height regulations.
Except as provided in this title, no building or structure shall be erected, nor shall any existing building or structure be moved, reconstructed or structurally altered, to exceed in height the limit established by this title or amendments thereto for the use district in which such building or structure is located. (Ord. 3315, 2006; Ord. 2352, 1989).
17.72.030 Compliance with site, area and yard requirements.
Except as provided in this title, no building or structure shall be erected, nor shall any building or structure be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements and the area and yard regulations established by this title or amendments thereto for the use district in which such building or structure is located. (Ord. 3315, 2006; Ord. 2352, 1989).
17.72.040 Yards and open spaces.
No yard or other open space provided about any building or structure, for the purpose of complying with the regulations of this title or amendments thereto, shall be considered as providing a yard or open space for any other building or structure. (Ord. 3315, 2006; Ord. 2352, 1989).
17.72.050 Provisions deemed minimum standards.
The provisions and standards contained in this title shall be deemed to be minimum standards with which compliance is essential to the permitted uses and shall not be construed as limiting the legislative discretion of the city council to further restrict the permissive uses or to withhold or revoke use permits where, notwithstanding the existence of the minimum standards herein set forth, the promotion or protection of the public health, morals, safety and welfare bears a substantial relation to such withholding, denial or revocation of permits or uses. (Ord. 3315, 2006; Ord. 2352, 1989).
17.72.060 Prior covenants – Jurisdiction.
It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties. Where this title imposes a greater restriction upon the use of buildings or land or upon height of buildings, or requires larger space than is imposed or required by other resolutions, rules or regulations or by easements, covenants or other agreements, the provisions of this chapter shall govern. (Ord. 3315, 2006; Ord. 2352, 1989).
17.72.070 Street improvements and site improvements.
In all districts, the party proposing a new development shall be required to design and to provide physical improvements when necessary, including, but not limited to, sidewalks, curbs and gutters, fire hydrants, drainage facilities with retention or detention facilities and adequate ingress and egress. In some cases, improvements may extend to locations off-site in order to connect with other nearby facilities. All improvements must be designed, approved and constructed prior to the issuance of the building permit for the development. In lieu of construction the city engineer shall have discretion to accept a bond or other acceptable method of surety in the amount of 150 percent of the approved engineer’s estimate for the cost of the improvements. Whenever such improvements are to be constructed, the city engineer shall review said construction plans and, prior to the issuance of the building permit or other permits as required, the engineering department shall charge, and the applicant shall pay for, the cost of all engineering services performed in conjunction with the approval of the development activity. The engineering department shall determine the actual hours expended performing project review and approval. Additionally, the department shall estimate the number of hours necessary to inspect and finalize the project. The applicant shall then be charged accordingly. The hourly rate charged for review and inspection shall be the current-year salary, including benefits, of the personnel involved.
Prior to council acceptance of the public improvements, the developer shall submit to the city engineer the original construction drawings corrected to as-built information, two sets of 35 millimeter negatives mounted on aperture cards of those drawings, and a maintenance bond in the amount determined by the city engineer. In no case shall such bond be less than 10 percent of the total cost of the public improvements. Said maintenance bond shall be for a period of one year from the date of acceptance. (Ord. 3315, 2006; Ord. 2803 § 1, 1997; Ord. 2508 § 1, 1992; Ord. 2352, 1989).
17.72.080 Fire lanes.
A. The fire department may require the installation or designation of fire lanes on private property devoted to public use, such as shopping centers and malls, bowling alleys, theaters, hospitals, churches and other facilities or establishments which derive patronage primarily via a motor vehicle, where parking or motor vehicles or other obstructions may interfere with the ingress and egress of fire department vehicles for the protection of persons and property. The width of the fire lane shall be no less than 14 feet.
B. The width of the fire lane for single-family dwellings with access in excess of 150 feet shall be no less than 15 feet. Access to all other structures, when any portion of an exterior wall of the first story is located more than 150 feet, shall be no less than 20 feet.
C. The marking of fire lanes on private property devoted to public use shall be approved by the chief of the bureau of fire prevention and the chief of police. Such marking shall be done at the cost of the property owner.
D. Obstructing fire lanes, by parking motor vehicles or otherwise, shall be prohibited at all times and shall constitute a parking infraction and compliance with this section shall be enforced by the city police department.
E. A motor vehicle found blocking any fire lane on public or private property established pursuant to this section is declared to constitute a public nuisance and an immediate threat to life and property and may be immediately impounded and towed at the expense of the registered owner. The vehicle shall not be released until full payment of all parking penalties and costs of impoundment has been paid or until a cash bond in an amount equal to the sum of the outstanding penalties and the cost of impoundment has been posted. (Ord. 3315, 2006; Ord. 2352, 1989).
17.72.090 Storage/cargo containers.
A. Storage/cargo containers are not allowed to be permanently placed in any residential zone. Storage/cargo containers can be allowed on a temporary basis when needed for activities like on-site construction projects, or when someone is packing and moving, or other similar reasons. For the purposes of this section, “permanently placed” shall be defined as a period of up to six months; however, the community and economic development director can administratively approve the placement of a storage/cargo container for up to one year, or longer, as long as the applicant demonstrates why an extension of time is necessary. Storage/cargo containers are defined as follows. Storage/cargo containers in other than residential zones can be approved with the conditions outlined below.
1. Storage/cargo containers are defined as: a reusable, non-collapsible container designed to provide protection for a specific item against impact, climatic conditions, and the like, during handling, shipment, and storage. Common examples of storage/cargo containers are pods, connex, or sea vans. This is not meant to include storage sheds or other similar residential accessory storage structures.
2. Storage/cargo containers in the C-L, M-1, and M-2 districts can be permanently placed so long as they are not within required setbacks or landscaping areas.
3. Storage/cargo containers in all zones other than residential, C-L, M-1, or M-2 can be permanently placed so long as they are not within required setbacks or landscaping areas; and so long as they are not visible from the adjacent public rights-of-way. A property owner can screen with fencing and/or landscaping to obscure the containers from view to meet the intent of this section of the code. (Ord. 3528 § 3, 2011).
17.72.095 Use of ecology blocks.
Ecology blocks can only be used on a site if they are not visible from an adjacent road; or if they have a decorative treatment approved by the CEDD to camouflage the look of the block. (Ord. 3429 § 121, 2008).
17.72.100 Accessory building placement.
Accessory buildings shall not be placed within the front yard setback area of any parcel. (Ord. 3315, 2006).
17.72.110 Upgrade of entire site.
Repealed by Ord. 3561. (Ord. 3429 § 122, 2008).
17.72.120 Portable marijuana related uses prohibited.
Chapter 17.56 MVMC notwithstanding, marijuana activities shall not be allowed at roadside stands, drive-throughs, sidewalk sales, farmers markets, mobile vendors, fairs, and all other similar types of venues. (Ord. 3627 § 15, 2014).
17.72.130 Marijuana uses prohibited.
A. Only those marijuana uses identified as permitted in Chapter 17.56 MVMC shall be allowed in the city and only in the city’s commercial/limited industrial zoning district subject to the conditions set forth in Chapter 17.56 MVMC. Marijuana retail stores, producers, processors and transporters who store, no matter how temporarily, any marijuana, usable marijuana, marijuana concentrates, or marijuana infused products on premises, including inside vehicles stored on their premises, or who in any manner possess marijuana, usable marijuana, marijuana concentrates, or marijuana infused products intended for commercial transportation, except when engaged in travel directly from the shipping licensee to the receiving licensee, shall not be allowed in any other zoning district of the city and shall not be considered a permitted use, unclassified use, special use, or conditional use in any other zoning district within the city.
B. Effective July l, 2016, all collective marijuana gardens are prohibited in all zoning districts within the city.
C. Medical marijuana cooperatives defined in Chapter 69.51A RCW adopted herein by this reference are prohibited in all zoning districts within the city. (Ord. 3739 § 6, 2017).
17.72.140 Adult entertainment uses.
Adult entertainment uses must meet the following requirements:
A. Adult entertainment dance studios, adult businesses, panorams and all uses subject to licensing requirements under Chapters 5.06, 5.13, and 5.56 MVMC are permitted to be located only within the area identified on the “Adult Entertainment Overlay Zone Map” that is attached labeled as Exhibit 4 attached to the ordinance codified in this section and made part of these regulations.
B. Violation of the use provisions of this section is:
1. Declared to be a public nuisance per se, which may be abated by the city by way of civil abatement procedures only, and not by criminal prosecution; or
2. Subject to enforcement in accordance with the provisions of MVMC Title 19.
C. 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 other city of Mount Vernon or Skagit County ordinance or statute of the state of Washington or any federal law regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof.
D. The definitions found within MVMC 5.06.020, Definitions; MVMC 5.13.010, Definitions; and MVMC 5.56.010, Definitions, are hereby incorporated by reference into this section.
E. Security Requirements. Adult entertainment dance studios, adult businesses, panorams and all uses subject to licensing requirements under Chapters 5.06, 5.13, and 5.56 MVMC allowing the public into a building or structure shall be subject to the following security requirements:
1. At a minimum, each licensed premises must have a security alarm system on all perimeter entry points and perimeter windows.
2. Surveillance Systems. At a minimum, the business shall have a video surveillance system with minimum camera resolution of 640 by 470 pixels or pixel equivalent for analog. The surveillance system storage device and/or the cameras must be internet protocol (IP) compatible. All cameras must be fixed and placement shall allow for the clear and certain identification of any person and activities in all parking lot areas, rear alley areas immediately adjacent to the business, the main building entrance(s) and exit(s), and any and all cash registers or cash offices on the premises of the adult business. All cameras must record from one full hour before to one full hour after the adult business is open to the public, or any portion thereof and at a minimum of 10 frames per second. The surveillance system storage device must be secured on the licensed premises in a lockbox, cabinet, closet, or secured in another manner to protect from employee tampering or criminal theft. All surveillance recordings must be kept for a minimum of 45 days on the licensee’s recording device. All videos are subject to inspection by any city employee or law enforcement officer, and must be copied and provided to the city or law enforcement officer upon request. All recorded images must clearly and accurately display the time and date. Time is to be measured in accordance with the U.S. National Institute Standards and Technology standards.
3. Areas provided for off-street parking, areas surrounding buildings, and entrances shall be well lit with illumination devices directed to ensure that surveillance system(s) capture all vantage points of the building and off-street parking areas utilized by those frequenting the adult entertainment business or use.
F. Nonconforming Use.
1. The nonconforming use provisions set forth in Chapter 17.102 MVMC shall not apply to adult entertainment dance studios, adult businesses, panorams and all uses subject to licensing requirements under Chapters 5.06, 5.13, and 5.56 MVMC known collectively as “adult use businesses.” For purposes of this title, a “nonconforming adult use business” constitutes an adult use business which lawfully exists as an adult use business which receives nonconforming status by virtue of an order from a court of competent jurisdiction, or which lawfully existed as an adult use business prior to a change in the zoning which change does not permit the adult use business in its existing location and is maintained as an adult use business although it does not comply with the adult entertainment and adult business zoning requirements set forth in this title, or is an adult use business which lawfully existed prior to annexation by the city and is maintained after the effective date of annexation and does not comply with the adult entertainment and adult business zoning requirements set forth in this title.
2. Adult use businesses which are nonconforming uses in the zone in which they are located and which are located within the city limits shall be discontinued within one year of the date of becoming a nonconforming adult use business or upon the expiration of the leasehold period in existence as of the date of becoming a nonconforming adult use business, or upon the sale of the nonconforming adult use business, whichever occurs first. Adult use businesses which are nonconforming as a result of annexation to the city shall be discontinued within one year of the date of annexation. Such nonconforming adult use businesses shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activities (extend, expand, enlarge, increase in intensity) shall include:
a. Extension of a nonconforming adult use business to any building or other structure or land area other than one occupied by such use as of the date of becoming a nonconforming adult use business.
b. Extension of any specific type of nonconforming adult use business within a building or other structure to any portion of the floor area that was not occupied by that same type of adult use business as of the date of becoming a nonconforming adult use business.
c. Operation of a nonconforming use in such manner as to conflict with, or to further conflict with if already conflicting as of the date of becoming a nonconforming adult use business.
Any change in a nonconforming adult use business shall be to a use which is legally permitted within the zone in which it is located. In the event a nonconforming adult use business, or portion thereof, is changed to a use which is legally permitted within the zone in which it is located, then the structure or portion thereof which contained the adult use business cannot thereafter be used or reused for any type of adult use business. In the event a nonconforming adult use of a building or structure is vacated, closed or abandoned for a period in excess of six months, the structure shall not thereafter be used except in conformance with a use which is legally permitted within the zone in which it is located.
Repairs and alterations to a nonconforming adult use business building or structure shall be limited to nonstructural repairs and incidental alterations for normal maintenance and shall only be permitted to the extent necessitated by normal wear and tear. No structural alterations shall be allowed.
A building or structure containing a nonconforming adult use business which is damaged or destroyed by fire, wind, earthquake or other natural disaster can be restored and the same use or occupancy continued or resumed provided the total cost of such restoration does not exceed the value of the building or structure at the time of such damage. Restoration of a structure or building housing a nonconforming adult use business or moneys used therefor shall not be used as factors by the examiner when considering any request of a time extension made pursuant to subsection (F)(3) of this section.
3. In the event a nonconforming adult use business determines that the period set forth in subsection (F)(2) of this section does not provide the adult use business with a reasonable period of amortization, then no later than 180 days prior to the expiration of the period, the nonconforming adult use business shall make application to the city land use hearing examiner for an extension of time. Accompanying the application shall be a fee in the amount of $250.00 and detailed information addressing the below-listed factors to be considered by the hearing examiner. In determining whether or not to grant the extension, the examiner shall determine whether or not the harm or hardship to the nonconforming adult use business outweighs the benefit to be gained from the public from termination of the use. Factors to be considered by the examiner include 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 be in accordance with the review process as described in Chapter 14.05 MVMC as a Type III variance permit process.
4. Within 30 calendar days of becoming a nonconforming adult use business, the nonconforming adult use shall provide the city’s planning director with copies of its current leasehold document(s) which sets forth their existing leasehold time period or, in the case of a nonleasehold interest, the city’s planning director shall be provided other documents which show record of ownership.
G. If any sentence, clause or phrase of this section should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 3714 § 6, 2017).