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HomeMy WebLinkAboutO-1350 - Adds Sec. 18.16.275, streamside protection zone (Repealed by 2852)i • ..''.,.,-, CIT Y 0 F MAR Y S;V ILL E 'Marysville,Washington ORDINANCE NO.~ AN ORDINANCE OF THE CITY OF MARYSVILLE ADDING A NEW SECTION 18.16.275 TO THE MARYSVILLE MUNCIPAL CODE ESTABLISHING A STREAMS~DE PROTECTION ZONE AND PROVIDING PROCEDURES FOR THE IMPLEMENTATION AND,ENFORCEMENT THEREOF. THE CITY COUNCIL of the City of Marysville,Washington, DO ORDAIN as follows: A new section is hereby ~dded to the Marysville Municipal Code providing as follows: ','18.16.275 STREM1SIDE PROTECTION ZONE. (a)Establishment of Zone --PU~12~~.A s t r e ems Ld e Protection Z~ne is hereby estahlished alonq both sides of all of the following streRms,or segments thereof,'within the City of Marysville: Washington State Department of Fisheries stream numbers: 0044 ~Quilceda Creek),006~(Allen Creek), 0068A,0073 (Munson Creek),0073A, ,0074 (two tributaries),Ebey Sough The purpose of this zone is to provide a buffer area where natural vegetation will be p r e se r ved and development will be prohibited,thereby protecting the streams from unnatural mOdification or intrusion,erosion,siltation and pollution and promoting and preserving natural life cycles of fish and game in and around the streams. Furthermore,this zone will preserve ,access to the stre~ms for the ~imited,'purpose of maintaining the natural characteristics of the streams by approved techniques,and for other limited purposes which will have no adverse environmental impact upon the streams.This zone shall be implemented as an overlay of municipal control and regUlation ~lich is applic~ble in all land use categories and environmental classifications. (b)Definition of Zone.A Streamside Protection Zone Ord Lnarioe -1 ,,,, ,"., shall extend twenty-five (25)feet upland from that point in the natural contour where the topography breaks for the streambed,as near as may be determined.As a guide in interpret- ing the definition of this zone,all parties may refer to figure 4 found on page 79 of the 1981 Marysville Area Draft Comprehensive Plan,as prepared by Snohomish County.In any cases where a break in the natural contour lines can- not be determined,the Streamside Protection Zone shall be measured from the ordinary high water mark,which is defined as follows: That mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual,and so long continued in all ordinary years,as to mark upon the soil a character distinct from that of tne abutting upland,in respect to vegetation as that condition existed on June 1,1971, or as it may naturally change thereafter; provided,that in any area where the ordin- ary high water mark cannot be found pur- suant to this definition,it shall be the line of mean high water. (c)Restrictions Within Zone.Within the Streamside Protection Zone the following activities shall be prohibited: 1.Construction of any structures,permanent or temporary,including fences. 2.Construction of anyon-site sewage disposal system,or other underground facilities except as provided in subsection (d)below. 3.Grading,filling or other earthwork of any kind. 4.Grazing or keeping livestock. 5.Storage,parking,dumping or disposing of any materials,natural or unnatural,includ- ing motor vehicles,refuse,garbage,cuttings: from trees,lawns and gardens,and animal wastes. Ordinance - 2 -....... 6.Landscaping,or cutting,removing,trimming or otherwise modifying any natural vegeta- tion which serves the function of providing shade and protection for the streamside or is a source of food or habitat for fish or game. 7.Relocation of the natural course of the stream,or modification of the flow char- acteristics thereof. (d)Developments Allowed Within Zone.Notwithstanding the above,the following developments,land uses and activities are permitted within the Streamside Protection Zone provided that a Shoreline Development Permi t,if applicable,is first obtained from the Ci ty: 1.Public and private utility lines and appur- tenances,including underground storm drain- age facilities. 2.Public and private roads,bridges and appur- tenances. 3.Temporary private roads and bridges for the purpose of providing access to perform stream maintenance services. 4.Activities and improvements which are neces- sary to maintain the natural characteristics of a stream. 5.Unimproved trails for recreational purposes; and other passive recreational uses. 6.Public parks and recreational developments. (e)Rehabilitation Required.The City shall require rehabilitation and replanting of natural protec- tive vegetation within the Streamside Protection Zone on all properties which become subject to the City's regulatory jurisdiction in connection with applications for any of the following: 1.Subdivision. 2.Binding site plan. 3.Short plat. 4.Planned residential development. Ordinance - 3 "'.'~.'.'.. 0'" , Ordinance - 4 5.Mobile home park. 6.Building Permit. 7.Conditional Use Permit. 8.Shoreline Development Permit. (f)Variances.The City Council shall have the authority to grant a variance from the restric- tions contained in subparagraph (c)of this section pursuant to the procedures,filing fees and criteria specified in Sections 18.16.250 and 18.16.260 of the Marysville Municipal Code (omit- ting any references to the Department of Ecology). If a Variance Application is merged with a pending Shoreline Development Permit Application,the applicant shall pay the City a single fee of $150.00.No variance shall be granted which is inconsistent with the policies of the Shoreline Management Act of the State Of Washington and the Master Program of the City of Marysville. (g)Nonconforming Uses.Any uses,developments or activities existing within the Streamside Pro- tection Zone on the date the said zone becomes applicable to the subject property,and which were in full compliance with all codes and regu- lations of the City or other applicable jurisdic- tion at said time,shall be regarded as noncon- forming uses.Said uses,developments and activ- ities may be continued'for a period of two years thereafter if properly repaired,maintained and actively utilized.At the end of said period, they shall be removed,at the owner's cost,and the Streamside Protection Zone shall be brought into conformity with this section.Provided, that grazing or keeping livestock,landscaping, and permanent structures (excluding fences), which constitute nonconforming uses may continue beyond the two-year period in accordance with the terms and provisions of Chapter 19.40 of the Marysville Municipal Code.No nonconforming use, development or activity within a Streamside Pro- tection Zone shall be replaced,expanded or inten- sified in any manner whatsoever. (h)Exemption.All commercial and industrial uses, developments and activities which abut Ebey Slough and which exist within the Streamside Protection •'>..... . .. ",,\, _4 •"* Zone on the effective date of said zone,shall be exempt from the restrictions of said zone until one of the following occurs: 1.The use,development or activity is terminated,discontinued or abandoned for a period of at least twelve (12)consecu- tive months;or 2.The improvements are destroyed or demolished to an extent where restoration costs would exceed 75%of the assessed value;or 3.The use of the property is changed to a new occupancy classification under the Uniform Building Code. PASSED by the City Council and APPROVED by the Mayor this :2.3 day of A Pil/L ,1984. THE CITY OF MARYSVILLE MAYOR ATTEST: B~Bt1~ERK APPROVED AS TO FORM: BY~6({k ,.e..~~__ CITY ATT NEY Ordinance - 5 ".'..,',w"" ,"t t't e'.,.til'. .. A wa ter-eourse w.i th a \~ll-defi.Jlcd high water mark. ].'lGUnE 'I, I I I I, I, :-!~ 25'I.. I .,., I Requf eed Grecn Bel t 'Huth I ~I I l'otal...., I,I I I I I I I I I I,I !l ~2~5~'---or-l~~;{!-'-------~I ._..~:;:J AFFIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, ss, _-~Jg..9_~_.1tl..ElQJtter ,being first duly sworn on oath deposes and says that he is the_s~H;~e_t.§r_Y__.-----­ of THE MARYSVILLE GLOBE,a weekly newspaper. That said newspaper is a legal newspaper which hag been ap- proved by order of the Superior Court in Snohomish County June 18. 1962 in compliance with Chapter 213 of Washington Laws of 1941,and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a ______________:...Q:r1l1n£lJlQ~__#1.J.29 as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of _QO.§t ___con- secutive weeks,commencing on the 25-t.b __day of _fl:p~iL. 19.8-4_,and ending on the _2.5tlL day of _..April,19J34-. both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- cation is the sum of $_1]_8~B-'Z..which amount has been paid in full --~--~------J!-- Subscribed and sworn to before me this ----3/u _ day of ~~::~~.-~~. Notary PUblic in and for the State of Washington, Residing at Marysville. RECEIVED MAY 7 1984 ~~ARYSVILLE CITY CLERK CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.1350 AN ORDINANCE OF THE CITY OF MARYSVILLE ADDING A NEW SECT 1m 18.16.275 TO THE MARYSVILLE MUNICIPAL CODe ESTABLISHING A STREAM SIDE PROTECTION ZONE AND PROVIDING PROCEDURES FOR THE IMPLEMEN TATION AND ENFORCEMENT THEREOF .. THE CITY COUNCIL of the City of Marysville,Washington,DO ORDAIN as follows A new section Is hereby added to the Marysville Municipal Code providing as follows 18.16.275 STREAMSIDE PROTECTION ZONE. (a)Establishment of Zone -- Purpose. A Streamside Protection Zone Is herebl established along both sides of all of the following streams,or segments thereof,with" the City of Marysville: Washington State Depllrtment of Fisheries stream numbers: 0044 (Qullceda Creek),0068 (Allen Creek), oo68A,0073 (Munson Creek),oo73A, 0074 (two tributaries),Ebey Slough The purpose of this zone Is to provide a buffer area where natural vegetation will bl preserved and development will be prohibited,thereby protecting the streams from un natural modification or Intrusion,erosion,siltation and pollution and promoting ane preserving natural life cycles of fish and game In and around the streams.Furthermore this zone will preserve access to the streams for the limited purpose of maintaining thl natural characteristics Ofthe streams by approved techniques,and for other limited pur poses which will have no adverse environmental Impact upon the streams.This zom shall be Implemented as an overlay of municipal control and regulation which Is ap pllcable In all land use categories and enVironmental classifications. (b)Definition of Zone. A Streamside Protection Zone shall extend twenty·flve (25) fee upland from that point In the natural contour where the topography breaks for thl streambed,as near as may be determined.As a guide In Interpreting the definition 0 this zone, all parties may refer to figure 4 found on page 79 of the 1981 Marysville Are; Draft Comprehensive Plan,as prepared by Snohomish County. In any cases where; break In the natural contour lines cannot be determined,the Streamside Protection Zonl shall be measured from the ordinary high water mark,which Is defined as follows: That mark that will be found by examining the bed and banks and ascertaining when the presence and action Of waters are so common and usual,and so long continued In al ordinary years,as to mark upon the soli a character distinct from that of the abuttlnl upland,In respect to vegetation as that condition existed on June 1,1971,or as It mal naturally change thereafter;provided,that In any area where the ordinary high watel mark cannot be found pursuant to this definition,It shall be the line Of mean high water (c)Restrlctlol's Within Zone.Within the Streamside Protection Zone the following ac tlvltles shall be prohibited: 1.Construction of any structures,permanent or temporary,Including fences. 2.Construction of anyon-site sewage disposal system,or other underground facilitle! except as provlded In subsection (d) below.. 3.Grading,filling or other earthwork Of any kind. 4.Grazing or keeping uvestock. 5.Storage,parking,dumping or disposing of any materials,natural or unnatural,In cludlng motor vehicles,refuse,garbage,cuttlng$from trees,lawns and gardens,anc animal wastes. 6.Landscaping,or cutting,removing,trimming or otherwise modifying any natura vegetation which serves the function of providing shade and protection for the stream side or Is a source of fOOd or habitat for fish or game. 7.Relocation of the natural'course of the stream,or modification of the flo... characteristics thereof. (d)Developments Allowed Within zone.Nothwlthstandlng the above, the followlnl developments,land uses and activities are permitted within the Streamside Protectlor Zone provided that a Shoreline Development Permit,If applicable,Is first obtained Irorr the City: 1.Public and private utility lines and appurtenances,Including underground storn drainage facilities..: 2.Public and private roads,bridges and appurtenances. 3.Temporary private roads and bridges for the purpose of providing access to perforn stream maintenance services.• 4.Activities and Improvements which are necessary to maintain the natura characteristics of a stream. 5.Unimproved trails for recreational purposes;and other passive recreational uses. 6.Public parks and recreational developments. (e)Rehabilitation Required.The City shall require rehabilitation and rePlanting 0 natural protective vegetation within the Streamside Protection Zone on all propertlei whIch become subject to the City's regulatory jurisdiction In connection with appllca I tlons for any of the following: 1.Subdivision. 2.Binding site plan. 3.Short plat. 4. Planned residential development. 5.Mobile home park. 6.Building Permit. 7.Conditional Use Permit. 8.Shoreline Development Permit. (f)Variances.The City Council shall have the authority to grant a variance from th, restrictions contained in subparagraph (c) of this section pursuant to the procedures,fII Ing fees and criteria specified In Sections 18.16.250 and 18.16.260 of the Marysvllll 'Municipal Code (omitting any references to the Department of Ecology).If a Varlancl .Application Is merged With a pending Shoreline,.Development Permit Appllcatl,ol'l;thl applicant shall pay the City a single fee of $150.00.No variance shall be granted which I! Inconsistent with the policies of the Shoreline Management Act of the State 0 Washington and the Master Program of the City of Marysville. (g)Noneonlormlng Uses.Any uses,developments or ectlvltles existing Within th4 StreamSide Protection Zone on the date the said zone becomes applicable to the sublec property,and which were in full compliance with all codes and regulations of the City 01 other applicable lurlsdlctlon at said time,shall be regarded as nonconforming uses.Sale uses,developments and activities may be continued for a periOd of two years thereaftel If properly repaired,maintained and actlvel,y utilized.At the end of said period they she] be removed,at the owner's cost, and the StreamSide Protection Zone shall be brought In to conformity with this section.Provided,that grazing or keeping liVestock,landscaping and permanent structures (excluding fences),which constitute nonconforming uses mal continue beyond the two-year period In accordance with the terms and provisions 01 Chapter 19.40 of the Marysville Municipal Code. No nonconforming use,development 01 activity within a Streamside Protection Zone shall be replaced,expanded or Intenslfiee In any manner Whatsoever. (h)Exemption.All commercial and Industrial uses,developments and actlvltlel Which abut Ebey Slough and which exist within the Streamside Protection Zone on the ef •fectlve date of said zone. shall be exempt from the restrictions Of said zone until one 01ithefollowingoccurs: " 1. The use,development or activity Is terminated,discontinued or abandoned for E I.period of at least twelve (12)consecutive months;or 2. The Improvements are destroyed or demol4hed1'o an extent where restoration cost! j would exceed 75%of the assessed value;or ' 3. The use of the property Is changed to a new occupancy classification under thE Uniform Building Code. ·PASSED by the City Council and APPROVED by the Mayor this 23rd day of April, I 1984. THE CITY OF MARYSVILLE By slNorman Anderson,Mayor ';Attest:By SlPhililp E.D'?xter,City Clerk . (Approved as to Form:By James H.Allendoerter,City Atty. I PUblished:April 25,1'184..