HomeMy WebLinkAboutO-0859 - Approves implementation of shoreline management master program; repeals Sec. 1 of Ord. 789 (Repealed by 2852)r.."~"";~)",~
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CIT Y 0 F'M A R Y S V ILL E
Marysville,Washington
ORDINANCE NO.f,f"cy
An Ordinance ~f the City of Marysville approving
implementation of the Shoreline Management Master
Program for the City of Marysville,adopting a
Sh0reline Environment Designatiqn Map,repealing
Section I of Ordinance No. 789 relating to defini-
tions of the Shoreline Management Act,establishing
procedures for issuance of conditional shoreline
development permits,establishing procedures for
variances from the Shoreline Management Master Pro-
gram,and defining non-conforming uses of the
shorelines.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1.Shoreline Management Master Program Adopted
bf Reference.The Shorel~ne Management Master Program of (he City
o Marysv~llei as adopted by the City Council on the C?~~day of
~c-€........b..e..r ,1974 and as conditionally adopted ~Washington
State Department of Ecology on January 22,1975,is hereby approved
for implementation.Said program,and all officially adopted amend-
ments thereto,are hereby incorporated as a part of this Chapter as
if fully set forth herein.Said program shall be attested by the
signature of the Mayor and the City Clerk with the seal of the City
affixed,and shall be kept on file in the office of the City Clerk
and made available for inspection by the public.
Section 2.Shoreline Environment Designation Map. The
locations and boundaries of the Conservancy and Urban Environments on
the shorelines of the City of Marysville shall be as shown on the map
entitled "Shoreline Environment Designation Map".Said map and all
the officially adopted notations,references and amendments thereon
are hereby incorporated as a part of this Chapter as if fully set forth
herein.Said map shall be attested by the signature of the Mayor and
the City Clerk,with the seal of the City affixed,and shall be
kept on file in the office of the City Clerk and made available for
inspection by the public.
Section 3.Boundary Interpretation.Where uncertainties
exist as to the boundarles of any environment shown on the map,the
following rules shall apply:
(a)Boundaries indicated as approximately following the
center line of streets,highways or alleys shall be construed
to follow such lines.
(b)Boundaries indicated as approximately following platted
lot lines shall be construed as following such lot lines.
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(c)Boundaries indicated as approximately following
the corporate limits shall be construed as following such
corporate limits.
Cd)Boundaries indicated as following railroad lines
shall be construed to be half-way between railroad right-of-way
lines.
(e)Boundaries indicated as following shorelines shall
be construed to follow such shorelines 200 feet upland from the
ordinary highwater mark and including all marshes,bogs,swamps,
floodways,river deltas and flood plains designated as wetlands
by the Department of Ecology.In the event of a change in a
shoreline or wetland area,the environment shall be construed
as being adjusted accordingly.
(f)Boundaries indicated as parallel to or extensions of
features indicated in subsections (a)through (e)shall be
so construed.
(g)All shorelines not classified in an environment on
the map shall be considered as being in the Conservancy Environ-
ment until officially designated otherwise.
Ch)All land hereafter annexed to the City shall be con-
sidered as being classified in the environment such land enjoyed
while under the jurisdiction of Snohomish County,pending
study,public hearing and specific classification by the City.
Section 4.Definitions Repealed.Section 1 of Ordinance
No. 789 adopted by the City Council of the City of Marysville,
defining terms used in the Shoreline Management Act and Shoreline
Management Master Program is hereby repealed,it being the intent of
the City Council to use the definitions contained in said Act and
Program rather than to legislate new definitions.
Section 5.Conditional Shoreline Development Permits -
Generally.The Planning Commission shall have the authority to act
upon,and the City Council shall have the authority to grant,in
particular cases and subject to appropriate conditions and safeguards,
conditional shoreline development permits as authorized by this Title.
The application for a conditional shoreline development permit shall
be made on forms prescribed by the Planning Commission and shall be
processed and acted upon in the same manner as is prescribed for
shoreline development permits in this Title.Provided,however,all
conditional shoreline development permits issued by the City must be
submitted to the Department of Ecology for its approval or disapproval.
Section 6.Conditional Permits ~Criteria.Conditional
shoreline development permits will be granted only after the applicant
can demonstrate all of the following:
(a)The proposed use will cause no unreasonably adverse
effects on the environment or other use.
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(b)The proposed use will not interfere with public
use of public shorelines.
(c)The design of the site will be compatible with the
surroundings and the requirements of the master program.
(d)The proposed use will not be contrary to the general
intent of the master program.
Section 7.Imposition of Conditions.To ensure compliance
with the criterIa stated In Section 6 above,the Planning Commission
shall have the authority to recommend and the City Council shall have
the authority to require and approve a specific plan for a proposed
use,to impose performance standards that make the use compatible with
other permitted uses within the area,and to increase the requirements
set forth in this Title which are applicable to the proposed use.
In no case shall the City have the authority to decrease the require-
ments of this Title when considering an application for a conditional
shoreline development permit;any such decrease shall only be granted
upon the issuance of a variance.
Section 8.Compliahc~with Conditions.
(a)Where plan,sl are.required to be submitted and approved
as part of the app l ica t i on for a conditional shoreline develop-
ment permit,modifications of the original plans may be made
only after a review has been conducted by the Planning Commission
and approval granted by the City Council.
(b)In theeve~t qf failhre to comply with the plans
approved by the City or with any conditions imposed upon the
conditional shoreline development permit,the permit shall
immediately become void and any continuation of the use activity
shall be construed as being in violation of this Title and a
public nuisance.
Section 9.Variances -Generally.The Planning Commission
shall have authority to act upon,and the City Council shall have
authority to grant,variances from the substantive requirements of
this Titie.The application for a variance shall be made on forms
prescribed by the Planning Commission and shall be processed and
acted upon in the same manner as is provided for shoreline development
permits under this Title.Provided,however,all variances issued
by the City must be submitted to the Department of Ecology for its
approval or disapproval.
Section 10.Variances -Criteria.A variance will be
granted by the City only after the applicant can demonstrate all of
the following:
Cal That practical difficulties or unnecessary hardship
result from the strict application of the requirements of this
Title to the applicant's property.
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(b)That the hardship alleged is peculiar to the
applicant's property and not applicable to other lands in the
vicinity.
(c)That the hardship alleged does not result from the
actions or negligence of the applicant.
Cd)That strict application of the provisions of this
Title would deprive the applicant of rights commonly enjoyed
by other properties similarly situated in the vicinity.
(e)That the applicant cannot make any reasonable use
of his property if strict compliance with the provisions of
this Title are required.The fact that the property may be
utilized more profitably if a variance is granted shall not be
an element of consideration before the City.
(f)That the granting of the variance will be in harmony
with the general purpose and intent of this Title.
(g)That the granting of the variance will not be
materially detrimental to the public welfare or injurious to
the property or improvements in the vicinity.If more harm
will be done to the area by,granting the variance than would
be done to the applicant by denying it,the variance will be
denied..
Section 11.Nonconforming Uses.The provisions of Chapter
19.40 of the Marysville Munlclpal Code,and all duly enacted amend-
ments thereto,now br hereafter,are hereby incorporated in this
Title as though £ully set forth herein.All references to provisions
contained in the Zoning Code shall be construed as referring to the
Master Program established by this Title,and all references to
zoning districts and classifications shall be construed as referring
to environments established by this Title.
ATTEST:
PASSED by the City Council and APPROVED by the Mayor this
day of~.:;.~,1975.
V THE CITY OF MARYSVILLE
MAY 0 R
By -,.----;r--...---;"'.--_By ~/Cit Clerk
APPROVED AS TO FORM:
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