HomeMy WebLinkAboutO-1611 - Amends Sec. 19.44.045, 19.44.090 and 19.44.100; amends the title of Ch. 19.32 and Sec. 19.29.010(1)(B), 19.32.010 and 19.56.050(b)(2), zoning; repeals Sec. 19.08.330, 19.08.335, certain table entries in 19.20.010 and 19.44.030 (Repealed by 2131)CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.--l 4z I I
AN ORDINANCE OF THE CITY OF MARYSVILLE REPEALING
SECTIONS 19.08.330, 19.08.335,19.20.010 (IN PART)AND
19.44.030;AMENDING SECTIONS 19.29.020(1)(B),19.32.010
AND 19.56.050(b)(2);.AND ADDING NEW SECTIONS 19.44.045,
19.44.090 AND 19.44.100 OF THE MARYSVILLE MUNICIPAL
CODE,ALL RELATING TO LAND USE CONTROLS AND REGULA-
TIONS.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1.Sections 19.08.330 (non-conforming building use)
and 19.08.335 (non-conforming land use)of the Marysville
Municipal Code are hereby REPEALED for the reason that they have
been superceded by Chapter 19.40 of said Code.
Section 2.The table of Bulk and Dimensional Requirements
in Section 19.20.010 of the Marysville Municipal Code is hereby
amended by REPEALING all entries in the following three columns:
Greenbelt Requirements
Fence Limits
Notes
Section 3.Section 19.29.020(1)(B)of the Marysville
Municipal Code is hereby amended to provide as follows:
(B)Duplexes,triplexes,fourplexes,apartments,
condominiums and the like,provided that gross density
shall not exceed that provided in the Low-Density
Multiple-Family Residential zone.For purposes of this
subsection,density calculations shall be based upon
only that area of a site which is exclusively dedicated
to residential purposes.
Section 4.The title of Chapter 19.32 of the
Municipal Code is hereby amended to the following:
and Fences."
Marysville
"Landscaping
Section 5.Section 19.32.010 of the Marysville Municipal
Code is hereby amended to provide as follows:
Ordinance - 1
19.32.010 Fences.
a.The maximum height of fences shall be as
follows:
Residential Zones:Front yard 4 feet
Side yard 6 feet
Rear yard 6 feet
Business and Commercial Zones:All yards 8 feet
Industrial Zones:All yards 10 feet
b.Open wire mesh or similar type fences may
be erected in excess of the maximum heights
permitted in this Code on the periphery of
playgrounds associated with private and public
schools and parks,public facilities,transmitter
and transformer sites,and government installa-
tions where security or public safety is required.
c.The height of a fence or freestanding
wall,retaining wall or combination of the same,
shall be measured from its top surface,board,
rail,or wire to the natural elevation of the
ground on which it stands.
d.There shall be no setback requirements
for fences and free-standing walls in side yards
or rear yards.In front yards fences and free-
standing walls shall be set back at least 20 feet
from the street right-of-way;provided,this
setback requirement may be waived or modified by
the Police Chief or his designee if a fence is
designed and constructed so that it does not cause
a public safety hazard by obstructing visibility
of pedestrians or motorists using streets,
driveways or sidewalks.For special rules
relating to fences and walls near fire hydrants,
see section 14.03.050(b)and the Uniform Fire
Code.
Section 6.Section 19.44.030 of the Marysville Municipal
Code is hereby REPEALED.
Section 7.A new Section 19.44.045 of the Marysville
Municipal Code is hereby enacted to provide as follows:
19.44.045 Continuing Jurisdiction.The Board of
Adjustment shall retain continuing jurisdiction over
all variances and conditional use permits.Upon a
petition being filed by any person with a substantial
interest in a variance or conditional use permit,or by
any public official,alleging that a condition has been
Ordinance - 2
violated or that modifications to the variance or
conditional use permit are necessary,the Board of
Adjustment may,in its discretion,call a public
hearing for the purpose of reviewing that variance or
conditional use permit.Notice of the public hearing
shall be as provided in Section 19.44.080.Immediately
upon a petition for review being accepted by the Board,
the Board may for good cause shown direct the Com-
pliance Officer to issue a stop work order to tem-
porarily stay the force and effect of all or any part
of the variance or conditional use permit in question
until such time as the review is finally adjudicated.
Following a hearing the Board may reaffirm,modify or
rescind all or any part of the variance or conditional
use permit being reviewed.The Board's decision shall
be final subject to appeal as provided in Section
19.44.050.
Section 8.A new section 19.44.090 of the Marysville
Municipal Code is hereby enacted to provide as follows:
19.44.090 Reapplication.Upon final action by
the Board of Adjustment denying an application for a
variance or conditional use permit,no further applica-
tions for sUbstantially the same matter shall be
accepted for a period of one year from the date of the
Board's action.Provided,that if the Board denies an
application "without prejudice"a reapplication may be
filed at any.time.
Section 9.A new section 19.44.100 of the Marysville
Municipal Code is hereby enacted to provide as follows:
19.44.100 Transfer of OWnership.A variance or
conditional use permit runs with the land.Compliance
with the conditions of any such variance or permit is
the responsibility of the current owner of the proper-
ty,whether that be the applicant or a successor.
Section 10.Section 19.56.050(b)(2)of the Marysville
Municipal Code is hereby amended to provide as follows:
(2)Rezones may be initiated by application of
one or more owners of the subject property.The filing
fee shall be $150 to cover the costs of processing the
application and publishing and posting the legal
notices.Applications shall be on forms prescribed by
the Planning Commission,and in the case of rezones to
Multiple-Family Residential classifications,such
applications shall include a plot plan drawn to scale
indicating the location of all significant existing
trees,and all proposed roads,driveways,open spaces,
greenbelts,playground and recreation areas,fences,
Ordinance - 3
parking spaces,building sizes and locations,building
profiles and setbacks.
PASSED bY~he City
day of y
Attest:
Council and APPROVED by the Mayor this
,1988.
CITY OF MARYSVILLE
MAYOR
Approved as to Form:
Date of Publication:
Effective Date (5 days after publication):
Ordinance - 4