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HomeMy WebLinkAboutO-1103 - Adds section to Ch. 14.04 and amends Sec. 14.14.050; repeals Sec. 14.24.020, water and sewer service (Repealed by 1242))•.,,::'t'' ",.- CIT Y ,b)~'MAR Y S ~,I L ~E Marysville,Washington '.'!.M ORDINANCE NO.'/[03 An Ordinance of the City of Marysville reserving the right ~o restrict water and sewer se~vice to develop- merrt s which cenform to the Cornpr-e he nsLve Plan,and ", anending Section 14.14.050 of the Ma~ysville M~nici~al Code,arid repealing S,ection lJ~.2L~.020 of therl]arysville :'I]uni cipal Code. THE CITY C8UNCIL OF THE CITY 8F MARYSV:1LE,WASHINGTON DO ORDAIN AS FOLLOWS: Sectiori 1.SectionI4.~4.050 of the Marysville Municipal Code is hereby amended to prDvide as follows: 'Conformity ~o Comprehensive Plan.The City shal~ not permit new c onnec tlcn s for sewer u~:Lli~y service to any property which ~s developed,or which is proposed for development,in violation of the then current Comprehens~ve Plan for the Marysville Planning Area as adopted~y the City.'This restriction shall apply both within and outside of the Cit~limits; provided,that for properties loca~ed'within the City limi ts,~here shall be an add:t Lona I r-equ l r-emen t that the development comply with the then current zoning restrictions. The City Counc:l shall have the au~hority to grant a variance from the requirements of '~his section. Application for SUCh.a variance shall be'filed,in writing,with the City Clerk,~oge~her with a filing fee of $50.The applicant shall be giv~n ten (10) days notice of ~he,date on which the City Council shall consider the variance.The City Council is authorized to issue variances and allow sewer connections to non- donforming developments only in special circuwstances where it .is found that the applicilllt had vested rights to the sewe~serv~ce and a hardship would result if the same we~e deriied,or that conditions may be imposed Cn the development which render it consistent with the intent b~the Comprehensive Plan and not detrimenta:to the public interest~welfare,Qr the ertvironment.Each variance shal~be considered on a case~by-case basis, and shall not be ~onstruedas setting precedent for any subsequent ~pplication.The ~ecision of the City Council on a'variance application shall be final,subject to appeal ~o the Snohomish G~unty Superior Court within :a;H)-day per:Lod thereafter. S~ction 2.A new section is hereby added to that portion of Chapter lL~.04,of the rlJary~)viLl_e NunLc l pa I Cocie known as the "wat e r ' Sy s tern Code "t a provide as'fol1o\l[~j: .;.p "•.'1 -1,.. .~. I I-' Conformity to Conprehensive Plan:The City shall not permit new connections for water utility service to any property which is developed,'or which is proposed for development,in vio~ation of the then current Comprehensive Plan for the Marysville Planning Area as adopted'by the Ci~y.This restriction shall apply both within and outside of the City limits; provided,that for properties located within the City limits,there shall be an additional r~quirement that th~develo~ment comply with the then cu~rent zoning restric~ions. The City Council shall have the authority to grant a variance from the requirements of this section. Application for such a variance shall be filed,in writing,with the City Clerk,together with a filing fee of $50.The applicant shall be given ten (10) days notice of the date on which the City Council shall consider the variance.The City Council is authorized to issue variances ,and allow water connections to non- confor~ing developments only in special circumstances where it is found that theapplicarit had vested right~ to the water service and a hardship would result if the same were denied,or that conditions may be imposed on the development which render it consistent with the inteht of the Comprehen~ive Plan and not detrimental to the public interest,we Lf'a r-e ,or the env:i.ronment.Each variance shall be considered on a case-by-case basis, arid shall not be construed as setting precedent for ~ny subsequent application.The decision of the City Council on a variance application shall be final,subject to appeal to the ,Snohdmish County Superior Court within '.~lO-day period thereafter. Section 3.SectionJ,14.24.020 of the Marysville Municipal Code is hereby REPEALED,said section having been superseded by the provisions Df Sections 1 and 2 of this ordinance. ~PASSE~/~y the Ci ty Coun c t L'and APPROVED by the ['layor this1'1-day of JJ!!NMJty ,1980. ATTEST:THE CITY OF MARYSVILLE APPROVED AS TO FORM: B~=~~a~·;.4C'tAttorne .'..'.~ '~2-," ,..\ r