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Home My WebLink AboutO-1197 - Adds Sec. 18.16.155 and 18.16.255, and amends Sec. 18.16.220 and 18.16.260, shoreline management (Repealed by 2852)J . '(.> '", CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO. {,'f7 AN ORDINANCE OF THE CITY OF MARYSVILLE ADDING NEW SECTIONS TO CHAPTER 18.16 OF THE MARYSVILLE MUNICIPAL CODE RELATING TO PROCEDURES FOR ISSUING SHORELINE MANAGEMEN~ PERMITS,AND AMENDING SECTIONS 18.16.210, 18.16.220,18.16.250 AND 18.16.260. THE CITY COUNCIL of the City of Marysville,Washington,DO ORDAIN as follows: Section 1.A new Section 18.16.155 is hereby added to the Marysville Muncipal Code providing as follows: Time Requirements of Permit.The following time requirements shall apply to all Substantial Development,Conditional Use and Variance Permits: (1)Construction or substantial progress toward construction of a project for which a permit has been granted must be undertaken within two years after the approval of the permit.Substantial progress toward construction shall include,but not be limited to,the letting of bids,making of contracts,purchase of materials involved in development,but shall not include development or uses which are inconsistent with the Shoreline Management Act or the City's Master Program.In determining the running of the two year period hereof,there shall not be included the time during which a development was not actually pursued by construction and the pendency of litigation reasonably relat~d thereto made it reasonable not to so pursue: provided,that the Planning Commission may,in its discretion,extend the two year time .period for a reasonable time based on factors,including the inability to expeditiously obtain other governmental permits which are required prior to the commencement of construction. (2)If a project for which a permit has been granted has not been completed within five years after the approval of the permit by the City,the City Planning Commission shall review the permit and,upon a showing of good Ordinance -1 ... '..cause,do either of the following: (a)Extend the permit for one year;or (b)Terminate the permit. Provided,that the running of the five year period shall not include the time during which a development was not actually pursued by construction and the pendency of litigation reaso~ably related thereto made it reasonable not to so pursue;provided further,that nothing herein shall preclude the City from issuing permits with a fixed termination date less than five years. Section 2.A new Section 18.16.265 is hereby added to the Marysville Mu~icipal Code providing as follows: Revisions to Permit:When an applicant seeks to revise a Substantial Development,Conditional Use or Variance Permi·t,the. City Planning Department shall request from the applicant detailed plans and text describing the proposed changes in the permit.If the Planning staff determines that the proposed changes are within the scope and intent of the original permit,the revision shall be automatically approved."Within the scope and intent of the original permit"shall mean the following: (1)No additional over-water construction will be involveo; (2)Lot coverage and height may be increased a maximum of 10%from provisions of the original permit;provided, that revisions involving new structures not shown on the original site plan shall require a new permit; (3)Landscaping may be added to a project without necessitating an application for a new permit; (4)The use authorized pursuant to the original permit is not changed; (5)No additional significant adverse environmental impact will be caused by the project revision. If the revision,or the sum of the revision and any previously approved revisions,will violate the criteria specified above,the City shall require the applicant to apply for anew Substantial Development,Conditional Use or Variance Permit,as appropriate,in the manner provided for herein. Ordinance - 2 'P _ -... Section 3.Section 18.16.220 of the Marysville Municipal Code is hereby amended to provide as follows: Conditional Shoreline Development Permits ~~Criteria.The purpose of a Conditional Use Permit is to allow greater flexibility in administering the'use regulations of the Master Program in a manner consistent with the policies of RCW 90.58.020. Conditional Use Permits may also be granted in circumstances where denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020.The criteria for granting Conditional Use Permits is the following: (1)The uses which are classified or set forth in the Master Program as Conditional Uses may be authorized provided the applicant can demonstrate all of the following: (a)That the proposed use will be consistent with the policies of RCW 90.58.020 and the policies of the Master Program. (b)That the proposed use will not interfere with the normal public use of pUblic shorelines. (c)That the proposed use of this site and design of the project will be compatible with other permitted uses within the area. (d)That the proposed use will cause no unreasonably adverse effects to the shoreline environment designation in which it is to be located. (e)That the public interest suffers no substantial detrimental effect. (2)Other uses which are not classified or set forth in the Master Program may be authorized as Conditional Uses provided that the applicant can demonstrate,in addition to the criteria set forth above,that extraordinary circumstances preclude reasonable use of the property in a manner consistent with the Use Regulations of the Master Program. (3)In the grantin~of all Conditional Use Permits, consideration shall be given to the cumulative impact of additional requests or like actions in the area. Ordinance - 3 ... • '.. Section 4.Section 18.16.260 of the Marysville 'Municipal Code is hereby amended to provide as follows: Variances'--Criteria.The purpose of a Variance is strictly limited to granting relief to specific bulk,dimensional or performance standards set forth in the Master Program where there are extraordinary or unique circumstances relating to the properties such that the strict implementation of the Master Program would impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020.The criteria for granting Variances shall be the following: (1)Variances should be granted in a circumstance where denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020.In all instances extraordinary circumstances should be shown,and the public interest shall suffer no substantial detrimental effect. (2)Variances for development that will be located landward of the ordinary high water mark may be authorized provided the applicant can demonstrate all of the following: (a)That the strict application of the bulk, dimensional or performance standards as set forth in the Master Program precludes or significantly interferes with a reasonable permitted use of the property. (b)That said hardship is specifically related to the property,and is the result of unique conditions such as irregular lot shape,size, or natural features in the application of the Master Program,and not,for example,from deed restrictions or the applicant's own actions. (c)That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the shoreline environment designation. (d)That the Variance authorized does not constitute a grant of special privilege not enjoyed by other property in the area,and will be the minimum necessary to afford Ordinance - 4 .. relief. (e)That the public interest will suffer no substantial detrimental effect. (3)Variances for development that will be located waterward of the ordinary high water mark may be authorized provided the applicant can demonstrate all of the criteria specified in subsection.(2)above,and provided that he can demonstrate that the pUblic rights of navigation and use of the shorelines will not be adversely affected by the granting of the Variance. (4)In the granting of all Variances,consideration shall be given to the cumulative impact of additional requests or like actions in the area. PASSED by the City Council and APPROVED by the Mayor thisj3~day of :::ru ~_.._~_'1981. t2u.uyr"~~,~MAYOR~~ ATTEST: ~~'£CITY LERK APPROVED AS TO FORM: Ordinance - 5