HomeMy WebLinkAboutO-2014 - Adds Ch. 19.26, rural use zone, and Sec. 19.08.038, 19.08.039, 19.08.052, 19.08.127, 19.08.182, 19.08.183, 19.08.184, 19.08.243, 19.08.262, 19.08.447 and 19.08.457; amends Ch. 19.16, zoning (Repealed by 2131)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.;),ol'f!
AN ORDINANCE OF THE CITY OF MARYSVILLE ENACTING CHAPTER 19.26
OF THE MARYSVILLE MUNICIPAL CODE FOR THE PURPOSE OF
ESTABLISHING A RURAL USE ZONE; AMENDING SECTION 19.16.010 TO BE
CONSISTENT HEREWITH, AND AMENDING CHAPTER 19.08 ADDING
DEFINITIONS.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1.A new chapter is hereby added to the Marysville
Municipal Code which shall read as follows:
CHAPTER 19.26
RURAL USE (RU)ZONE
19.26.010 Puroose.The purpose of this zone is to provide
interim zoning control in newly annexed rural-zoned areas until
such time as permanent zoning categories are applied which are
consistent with the city comprehensive plan.The intent and
function of this zone is to preserve the rural character of areas
which have a definite residential potential.Interim application
of the Rural Use Zone will enable the city to proVide for orderly
extension of services and transition from rural to urban land
uses.
19.26.020 Permitted Uses.Uses permitted in the Rural Use
Zone shall be as follows:
Agriculture
Dock &Boathouse,Private,Non-commercial:
(a)The height of any covered over-water structure
shall not exceed twenty (20)feet as measured from the
line of ordinary high water;
(b)The total roof area of covered,over-water
structures shall not exceed one thousand (1,000)square
feet;
(c)The entirety of such structures shall have a
width no greater than fifty percent (50%)of the width
of the lot at the natural shoreline upon which it is
located;
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(d)No over-water structure shall extend beyond
the average length of all preexisting over-water
structures along the same shoreline and within three
hundred (300)feet of the parcel on which proposed.
Where no such preexisting structures exist within three
hundred (300)feet,the pier length shall not exceed
fifty (50)feet;
(e)Structures permitted hereunder shall not be
used as a dwelling,nor shall any boat moored at any
wharf be used as a dwelling while so moored;and
(f)Covered structures are subject to a minimum
setback of five feet from any side lot line or
extension thereof.No setback from adjacent properties
is required for any uncovered structure,and no setback
from the water is required for any structure permitted
hereunder.
Dwelling:Single Family
Mobile Home
Duplex
Family Care Home
Family Day Care Home:
(a)No play yards or equipment shall be located in
any required setback from a street;and
(b)Outdoor play areas shall be fenced or
otherwise controlled.
Farm Stand:
(a)There shall be only one stand on each lot;
(b)The maximum size in the A-IO zone shall be
five hundred (500)square feet;
(c)The maximum size in all other zones shall be
three hundred (300)square feet;and
(d)At least seventy-five percent (75%)(by value)
of the products sold must be grown or raised in
Snohomish County.
Fish Farm
Foster Home
Garage,Private
ORDINANCE - 2
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Greenhouse,Lathhouse,Nurseries--
Wholesale and Retail:
(a)Incidental sale of soil,bark,fertilizers,
plant nutrients,rocks and similar plant husbandry
materials is permitted;provided,however,the sale of
small garden hand tools shall be allowed;
(b)The sale of garden tools exceeding $20.00 for
any single item and any other hardware or equipment
shall be prohibited;
(c)There shall be no on-site signs advertising
other than the principal use.
Guesthouse
Home occupation
Kennel,Private or Hobby
Model House/Sales Office
Rooming &Boarding House:
There shall be accommodations for no more than two
persons.
Small Animal Husbandry:
There shall be a five-acre minimum site size.All
structures used for housing or feeding animals must be
at least thirty (30)feet from all property lines.
Storage/Retail Sales Livestock Feed:
Retail sales of hay,grain,and other livestock
feed are permitted on-site in conjunction with a
livestock auction facility.
Utility Facilities:
Transmission Wires or Pipes &Supports
19.26.030 Conditional Uses.
Art Gallery
Bed and Breakfast Guesthouse/Bed and Breakfast Inn
(a)Where bed and breakfast inns and bed and
breakfast guesthouses are allowed in the same zone,
only one or the other of these facilities may be
located on a subject property at the same time.An
approved bed and breakfast guesthouse may be expanded
to a bed and breakfast inn if a conditional use
ORDINANCE - 3
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application for an inn is obtained and the original
permit for the guesthouse is vacated.
(b)Submittal requirements to accompany a
conditional use application:
(i)Site plan requirements.The site plan
shall indicate the location of the off-street
parking,proposed screening,the location and size
of the bed and breakfast inn,and any proposed new
construction to the premises,including additions,
remodeling and/or outbuildings.
(ii)Architectural requirements.For new
construction only,the following shall apply:
(A)The applicant shall submit proposed
architectural drawings and renderings of the
proposed structure,including exterior elevations,
which shall project a residential,rather than a
commercial appearance.This architectural
documentation shall be in sufficient detail to
demonstrate discernible compatibility between the
new construction and the existing on"site
development and structures;PROVIDED FURTHER,
That the applicant also shall document a design
which,in scale,bulk,siding,and use of
materials,is in keeping with existing buildings
on adjacent properties and compatible with the
surrounding character and neighborhood in which
the guesthouse or inn is located.
(B)If an outbuilding or outbuildings
are proposed,a grading plan,showing the extent
of clearing activity is required.Site design
shall be sensitive to the natural features of the
site.The use of manufactured and mobile homes is
prohibited.
(iii)Screening:The owner/operator shall
provide screening with shrubs,trees,fencing and
other suitable materials as necessary to minimize
the impacts upon the residential character of the
surrounding neighborhood.
(iv)Floor plan:The floor plan shall
indicate bathrooms to be used by guests and the
location and number of guest rooms.
(c)Minimum performance standards:
(i)Parking requirements shall be in
accordance with subsection 19.36.No on-street
parking shall be allowed.
ORDINANCE - 4
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(ii)Meal service shall be limited to
overnight guests of the establishment.Kitchens
shall not be allowed in individual guest rooms.
(iii)The owner shall operate the facility
and reside on the premises.
(iv)One sign for business identification and
advertising shall be permitted in conjunction with
the bed and breakfast establishment.
(v)The bed and breakfast establishment shall
be conducted in such a manner as to give no
outward appearance nor manifest any
characteristics of a business,except as to the
sign as allowed above,that would be incompatible
with the ability of the neighboring residents to
enjoy peaceful occupancy of their properties.
(vi)Guests shall be permitted to stay at the
establishment for not more than 10 consecutive
days at a time.
(vii)The applicant shall submit a letter
from the applicable water purveyor and sewer
district,if applicable,stating that each of them
has the respective capacity to serve the bed and
breakfast inn.
(viii)The applicant shall comply with all
applicable city codes for fire,health and
building requirements and any applicable food
service regulations and on-site sewage disposal
requirements of the Snohomish County health
district.
(ix)If three or more guest rooms are
proposed,the applicant shall also meet state
requirements for a "transient accommodation
license",as required by chapter 212-52 WAC,as
now written or hereafter amended.
Boat Launch:Non-Commercial
(a)The examiner may regulate,among other
factors,required launching depth,lengths of existing
docks and piers;
(b)Off-street parking shall be provided in an
amount suitable to the expected usage of the facility.
When used by the general public,the guideline should
be thirty-two (32)to forty (40)spaces capable of
accommodating both a car and boat trailer for each ramp
lane of boat access to the water;
ORDINANCE - 5
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(c)A level vehicle-maneuvering space measuring at
least fifty (50)square feet should be provided;
(d)Pedestrian access to the water separate from
the boat launching lane or lanes may be required where
it is deemed necessary in the interest of public
safety;
(e)Safety buoys shall be installed and maintained
separating boating activities from other water-oriented
recreation and uses where this is reasonably required
for public safety,welfare and health;and
(f)All site improvements for boat launch
facilities shall comply with all other requirements of
the zone in which it is located.
Church
Country Club
Day Care Center
Farm Product Processing
(a)Where a lot of nonconforming size has been
previously developed for residential use and the owner
resides therein,farm product processing may be
permitted by the hearing examiner when the following
criteria are met:
(i)No more than one person outside of
immediate family shall be employed full time in
the farm product processing at anyone time.
(ii)Nature of operation and any structures
shall not adversely affect adjacent properties.
Physical scale and use intensity must be
compatible with surrounding neighborhood.
(b)Retail sales of products produced on the
premises for off-site consumption may be allowed.
Golf Course and Driving Range
Government Structures &Facilities
Group Care Facility
Hospital
Institution,Educational
Kennel:Exhibitor/Breeding
ORDINANCE -6
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Library
Lodges,fraternal and social organizations;provided
that any such establishment shall not be conducted primarily for
gain.
Museum
Recreational Facilities Not Otherwise Listed
Riding Academy
(a)Shall be operated in such a manner so as not
to cause offense to adjoining properties by reason of
dust or odor;
(b)Lighting shall be shielded or directed away
from adjoining properties or rights-of-way;
(c)Landscaping shall be provided consistent with
achieving the goal of compatibility with the
surrounding area;and
(d)Stables must be at least thirty (30)feet from
any external property line.
Sanitary Landfill
School,elementary,junior or senior high,including
public,private and parochial
Shooting Range
Social Services Center:
Hours of operation shall be restricted to that
compatible with the neighborhood and proposed usage of
the facility.
Storage Structure over one thousand (1,000)square feet
on less than three acres:
This use is subject to the following requirements:
(a)Special setback requirements for this use are:
The building must be at least fifteen (15)feet from
any external property line.The hearing examiner may
require additional setback distance if the bulk
(heights,length and width)of the storage structure
would be out of scale with the bulk of an adjacent
structure or structures on adjoining properties.
(b)Artificial lighting shall be hooded or shaded
so that direct outside lighting,if any,will not
ORDINANCE - 7
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result in glare when viewed from the surrounding
property or rights-of-way.
(c)The applicant shall submit building elevations
that document a residential appearance through the
design and through depiction of appropriate building
materials for the exterior finish.
(d)The applicant shall propose a screening plan
which will result in a building screened from the view
of neighboring property owners.Landscaping will be
required on the subject property's boundary line or
lines and/or around the building sides,as necessary,
to effectively accomplish this objective.
Utility Facilities:
Electromagnetic Transmission &Receiving
Facilities
All Other Structures
Veterinary Clinic
19.26.040 Minimum Lot Area.The minimum lot or tract area
in this zone shall be one hundred thousand (100,000)square feet;
except where a tract has less area than herein required as shown
by the last conveyance of record at the time of passage of this
section of the ordinance codified in this Title,this regulation
shall not prohibit any of the above uses.
19.26.050 Maximum Building Height.The maximum building
height in this zone shall be thirty-five (35)feet.
19.26.060 Minimum Lot Width.The minimum lot width in this
zone shall be one hundred sixty-five (165)feet.
19.26.070 Setback Requirements.No structure shall be
built,erected or placed within twenty (20)feet of the
centerline of any public or platted road.There shall be a
minimum setback of twenty (20)feet from the rear property line,
and five (5)feet from the side yard line.
19.26.080 Maximum Lot Coverage.No structure shall be
erected in the Rural Use Zone which covers greater than thirty-
five percent (35%)of the total lot area.
Section 2.Chapter 19.08 of the Marysville Municipal Code
is hereby amended by adding the following definitions:
19.08.038 Bed and breakfast guesthouse."Bed and
breakfast guesthouse"means a facility in which one kitchen,
a shared dining area,and not more than a total of three
guest rooms are available within a single family residence
and/or one outbuilding,providing short-term lodging for
paying guests.
ORDINANCE - 8
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19.08.039 Bed and breakfast inn."Bed and breakfast
inn"means a facility in which one kitchen,a shared dining
area,and not more than a total of six guest rooms are
available within a single family residence and/or one
outbuilding,providing short-term lodging for paying guests.
19.08.052 Boathouse."Boathouse u means a structure
specifically designed or used for storage of boats.
19.08.127 Country Club."Country Club u means a
suburban club housed in a clubhouse the purpose of which is
social activities,golf,and any other recreation.
19.08.182 Family care home."Family care homeU means
a facility licensed by the state,other than as a foster
home,to regularly provide care on a 24-hour basis to six or
fewer developmentally disabled or otherwise handicapped
persons or dependent and neglected children in the full-time
family dwelling of the person or persons under whose direct
care and supervision the person receiving care is placed.
The term shall not include facilities for the care or
rehabilitation of convicted felons or adults being treated
for drug or alcohol-related problems.
19.08.183 Family day care home.The term "family day
care homeu means an occupied dwelling unit in which the
full-time occupant provides day care for children other than
his/her own family and the children of close relatives.
Such care in a family day care home is limited to 12 or
fewer children,including children living in the home or
children of close relatives cared for in the home.
19.08.184 Farm product processing."Farm product
processingU means the processing and packaging of
seasonally-grown agricultural products or the cutting of
flesh of domestic farm animals for individual customers,but
shall not include their conversion to manufactured products.
19.08.243 Husbandry,small animal."Small animal
husbandryU means the raising of mink,fox,nutria,rabbits,
pigs,sheep goats,chickens,turkeys,guinea hens,and
similar small animals and fowl not for the primary
consumption of or use by the occupants of the premises.
19.08.262 Kennel,exhibitor/breeding.
"Exhibitor/breeding kennel u means a place at or adjoining a
private residence where three,but not more than 20 adult
dogs,cats,or combination thereof,owned by natural persons
residing on said property,are kept for the primary purpose
of participating in dog shows or other organized
competitions or exhibitions.
19.08.447 Social service center.uSocial service
center U shall mean a facility licensed by the state to
ORDINANCE - 9
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provide therapydrcounseling forvonly a portion of a 24-
hour day to one or more persons needing such therapy or
counseling due to physical,mental,emotional or other
handicaps;PROVIDED,That,such term shall not include
schools,hospitals,or day care facilities.
19.08.457 Storage structure."Storage structure"
means a structure,not designed for human habitation,for
storage of belongings not for remunerative purposes.
Section 3.The Table of Permitted Uses contained in MMC
19.16.010 is hereby amended to read consistent with the permitted
and conditional uses set forth in this ordinance.
Section 4.Third party liability.It is expressly the
purpose of this ordinance to provide for and promote the health,
safety and welfare of the general public and not to create or
otherwise establish or designate any particular class or group of
persons who will or should be especially protected or benefitted
by the terms of this ordinance.
Nothing contained in this ordinance is intended nor shall be
construed to create or form the basis of any liability on the
part of the City,or its officer,employees or agents,for any
injury or damage resulting from the failure to comply with the
provisions of this ordinance,or by reason or in consequence of
any inspection,notice,order,certificate,permission or
approval authorized or issued or done in connection with the
implementation or enforcement of this ordinance,or by reason of
any action or inaction on the part of the City related in any
manner to the enforcement of this ordinance by its officers,
employees or agents.
Section 5.Severability.Should any section,subsection,
paragraph,sentence,clause or phrase of this ordinance or its
application to any person or situation be declared
unconstitutional or invalid for any reason,such decision shall
not affect the validity of the remaining portions of this
ordinance or its application to any other person or situation.
The City Council of the City of Marysville hereby declares that
it would have adopted this ordinance and each section,
subsection,sentence,clause,phrase or portion thereof
irrespective of the fact that anyone or more sections,
subsections,sentences,clauses,phrases or portions be declared
invalid or unconstitutional.
Section 6.Savings.Nothing contained in this ordinance
shall be construed as abating any action now pending under or by
virtue of any ordinance of the City herein superseded;or as
discontinuing,abating,modifying or altering any penalty accrued
or to accrue,or as affecting the liability of any person,firm
or corporation,or as waiving any right of the City under any
ordinance or provision thereof in force at the time of passage of
this ordinance.
ORDINANCE -10
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Council and APPROVED by the Mayor this
,,199-5.
PASSED by the City
daYOf~
ATTEST:
CITY OF MARYSVILLE
(4;;tJ~
MAYOR
B:Ap ~.1 l-f&o....--J
CITY CLERK
Approved as to form:
By L:J~i LI.L<-e!:,~CITY ATTORNEY
Date of Publication:-.J l d-51_9'-"<j<--_
Effective Date (5 days after publication):dJ-"'1-,9","~,--_
ORDINANCE -11
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