HomeMy WebLinkAboutO-2030 - Amends hearing examiner provisions (Repealed by 2852)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO~.C1.Q3..o
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON AMENDING
TITLES 18 AND 19 OF THE MARYSVILLE MUNICIPAL CODE SO AS TO BE
CONSISTENT WITH THE CITY'S HEARING EXAMINER SYSTEM;REPEALING
CHAPTER 19.52 AND SECTION 19.08.050 RELATING TO BOARD OF
ADJUSTMENT;REPEALING SECTION 18.16.120;AND PROVIDING
MISCELLANEOUS AMENDMENTS RELATING TO THE PLANNING
COMMISSION,PLANNING DIRECTOR AND HEARING EXAMINER BY
AMENDING THE FOLLOWING SECTIONS:
18.04.070
18.16.070
18.16.080
18.16.090
18.16.100
18.16.110
18.16.120 .
18.16.130
18.1Q.155
18.16.210
18.16.230
18.16.240
18.16.250
18.16.275
18.20.020
18.20.100
18.24.020
19.12.040
19.16.010
19.16.030
19.16.060
19.16.070
19.24.010
19.24.040
19.24.110
19.24.120
19.24.130
19.28.030
19.29.040
19.29.050
19.29.080
19.29.090
19.30.050
19.30.070
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General powers and duties
Permit--Fees
Application-Perm
Hearinqs
Notice publication
Findings
Subsequent hearing--Publication of notice
Permit--Issuance
Time requirements of permit
Conditional shoreline development permits--Generally
Imposition of conditions
Compliance with conditions
Variances--Generally
Streamside protection zone
General requirements
Rules to be followed by the city--Fee Schedule
Projects subject to mitigation requirements
District boundaries
'Table of permitted uses
Special Iimitations--In multiple-family residential zones
Temporary uses
Special restrictions on adult entertainment facilities
Purpose
Accessory uses
Screening
Issuing building permits
Granting permission for an FS zone
Conditional uses
Preliminary site plan
Binding site plan
Performance standards
Maintenance of open space,landscaping and common facilities
Procedures for review and approval
Required elements of site plans
19.30.090
19.30.100
19.30.130
19.30.140
19.30.150
19.30.160
19.31.050
19.31.070
19.31.120
19.36.060
19.36.070
19.40.050
19.44.010
19.44.020
19.44.040
19.44.045
19.44.050
19.44.060
19.44.070
19.44.080
19.44.090
19.48.050
19.48.060
19.54.020
19.56.010
19.56.020
19.56.030
19.56.040
19.56.050
19.56.060
Park administration
Authority to issue permits for and inspect installations of
mobile/manufactured homes
Inspections
Installation standards
Insignia requirement
Penalties
Conditional use permit required
Binding site plan
Penalties
Off-street parking--Joint use
Off-street parking--Conditions required for joint use
Conditional uses
Conditional uses--Generally
Conditional uses--Criteria
Variances--Conditions governing applications--Procedures
Continuing jurisdiction
Cancellation and appeal of decisions
Procedure
Stay
Public notice and hearing
Reapplication
Procedures for review and approval
Required elements of PRD site plans
Schedule of files
Enforcement officer
Records
Permits issued contrary to this title
Code compliance required--Vested rights
Amendments
Violations and penalties
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1.Section 18.04.070 of the Marysville Municipal
Code is hereby amended to read as follows:
18.04.070 General powers and duties.The planning
commission shall have the following powers and shall perform
the following duties:
(a)Prepare a comprehensive plan for anticipating and
influencing the orderly and coordinated development of land
and building uses of the city and its environs;hold public
hearings on said plan,and any amendments thereto,and make
recommendations to the city council;
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(b)Divide the city into appropriate zones within
which specific standards,requirements and conditions may be
provided for regulating the use of public and private land,
b4ildings and structures,and the location,height,bulk,
number of stories and size of buildings and structures,size
of yards,courts,open spaces,densities of population,
ratio of land area to the area of buildings and structures,
setbacks,area required for off-street parking,protection
of access to direct sunlight for solar energy systems,and
such other standards,requirements,regulations and
procedures as are appropriately related thereto;hold public
hearings on the adoption of zoning ordinances and maps,and
amendments thereto,and make recommendations to the city
council;
(c)Prepare a shoreline management master program for
the shorelines of the city,and a shoreline environment
designation map,as required by state law and city
ordinance;hold public hearings on the same,and any
amendments thereto,and make recommendations to the city
council;
.(d)Review all proposed amendments to the city zoning
code,subdivision code and shoreline management code;hold
public hearings thereon,and make recommendations to the
city council;
(e)Conduct,on its own initiative or upon request by
the mayor or city council,investigations into matters
relating to the physical,economic and environmental
development of the city,and public works and civic
improvements,and submit reports and recommendations to the
mayor .and city council with respect to the same;
(f)Perform such other duties or responsibilities as
may be specifically delegated by the mayor or city council.
Section 2.Section 18.16.070 of the Marysville Municipal
Code is hereby amended to read as follows:
18.16.070 Permit--Fees.All persons desiring such a
permit shall make application by paying a fee as set out in
Chapter 19.54 and filing an application with the city
planning department.
Section 3.Section 18.16.080 of the Marysville Municipal
Code is hereby amended to read as follows:
18.16.080 Application--Form.Applications for permits
shall be made on forms prescribed by the planning
department,and shall contain the name and address of the
applicant,a description of the development,the location of
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the development,and any other relevant information deemed
necessary by the planning department.
Section 4.Section 18.19.090 of the Marysville Municipal
Code is hereby amended to read as follows:
18.16.090 Review process.The planning department will
review the substantial development permit proposals for
consistency with:
(a)The legislative policies stated in RCW 90.58.020,
the Shoreline Management Act;
(b)The Shoreline Management Master Program of the
city of Marysville.
Section 5.Section 18.16.100 of the Marysville Municipal
Code is hereby amended to read as follows:
18.16.100 Notice publication.Upon receipt of an
application for a permit,the city shall cause notice of
application to be published at least once a week for two
consecutive weeks in a newspaper of general circulation
within the city.The second notice shall be published not
less than thirty days prior to action by the planning
department.The city shall also cause notice of the
application to be mailed to each property owner of record
within three hundred feet of the proposed development.The
date of the mailing shall not be less than seven days in
advance of the department action.
Section 6.Section 18.16.110 of the Marysville Municipal
Code is hereby amended to read as follows:
18.16.110 Decision.In the event the planning director
determines the substantial development is consistent with
the above criteria,the planning director shall so state in
written findings,and such shall be filed with the
department of ecology.In the event the planning director
determines the substantial development is inconsistent with
the above criteria the application shall be denied.
Decisions of the planning director may be appealed on
written filing of an appeal by an aggrieved party.Appeals
of administrative decisions by the planning director shall
be heard by the hearing examiner in accordance with the
manner prescribed in MMC 19.44.060(b)and MMC Chapter 2.70.
The hearing examiner's decision shall be reviewed by the
city council pursuant to MMC 2.70.130.
Section 7.Section 18.16.120 of the Marysville Municipal
Code is hereby repealed.
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Section 8.Section 18.16.130 of the Marysville Municipal
Code is hereby amended to read as follows:
18.16.130 Permit--Issuance.In the event,however,no
appeal is filed following the filing of the findings of the
planning director,no public hearing is set,then the permit
shall issue upon the terms and conditions hereinafter
prescribed and as prescribed by the planning director.
Section 9.Section 18.16.150 of the Marysville Municipal
Code is hereby amended to read as follows:
18 ..16.155 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
Actor the city's master program.In determining the
running of the two-year period hereof,there shall not be
in.cluded the time during which a development was not
actually pursued by construction and the pendency of
+itigation reasonably related thereto made it reasonable not
to so pursue;provided,that the city council 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 hearing examiner shall
review the permit and,upon a showing of good 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 reasonably 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.
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Section 10.Section 18.16.210 of the Marysville Municipal
Code is hereby amended to read as follows:
18.16.210 Conditional shoreline development permits
Generally.The hearing examiner shall have the authority to
hear and make findings,conclusions and recommendations,and
the city council shall have the authority to grant,in
appropriate cases and subject to appropriate conditions and
safeguards,conditional shoreline development permits as
authorized by this chapter.The application for a
conditional shoreline development permit shall be made on
forms prescribed by the planning department and shall be
processed pursuant to the rules of the hearing examiner.
Review will be for purposes of determining consistency with:
(a)The legislative policies stated in RCW 90.58.020,
the Shoreline Management Act;
(b)The Shoreline Management Waste Program of the City
of Marysville.
Notice of public hearings shall be published in the same
manner as provided in MMC 18.16.100.
Section 11.Section 18.16.230 of the Marysville Municipal
Code is hereby amended to read as follows:
18.16.230 Imposition of conditions.To ensure
compliance with the criteria stated in Section 19.64.060 the
hearing examiner shall have the authority to recommend and
the city council shall have the authority to require and
approve a specific plan for a proposed use,to impose
performance standards that make the use compatible with
other permitted uses within the area,and to increase the
requirements set forth in this chapter which are applicable
to the proposed use.In no case shall the city have the
authority to decrease the requirements of this chapter when
considering an application for a conditional shoreline
development permit;any such decrease shall only be granted
upon the issuance of a variance.
Section 12.A new Section 18.16.235 is hereby added to the
Marysville Municipal Code which shall read as follows:
18.16.235 Subsequent hearing--Publication of notice.
At the city council meeting following the filing of such
findings by the hearing examiner,the city council,on its
own initiative or on request of an aggrieved party,whether
the applicant or any other individual,may set another
hearing date by giving notice in the newspaper and by mail
in the manner prescribed for the hearing examiner,and at
such public hearing determine on the merits whether the
development is consistent with the criteria referenced in
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Section 18.16.210.If at such hearing the majority of the
council determines that such development satisfies the
criteria,then a permit shall issue upon the terms and
conditions hereinafter prescribed and prescribed by the
council.
Section 13.Section 18.16.240 of the Marysville Municipal
Code is hereby amended to read as follows:
18.16.240 Compliance with conditions.
(a)Where plans are required to be submitted and
approved as part of the application for a conditional
shoreline development permit,modifications of the original
plans may be made only after a review has been conducted by
the hearing examiner and approval granted by the city
council.
(b)In the event of failure to comply with the plans
approved by the city or with any conditions imposed upon the
conditional shoreline development permit,the permit shall
immediately become void and any continuation of the use
activity shall be construed as being in violation of this
chapter and a public nuisance.
Section 14.Section 18.16.250 of the Marysville Municipal
Code is hereby amended to read as follows:
18.16.250 Variances--Generally.The hearing examiner
shall have authority to act upon,and the city council shall
have authority to grant,variances from the substantive
requirements of this chapter.The application for a
variance shall be made on forms prescribed by the hearing
examiner and shall be processed and acted upon in the same
manner as is provided for conditional shoreline development
permits under this title.If a variance application is not
merged with a pending substantial development permit
application,the applicant shall pay the city a fee of five
hundred dollars.All variances issued by the city must be
submitted to the Department of Ecology for its approval or
disapproval.
Section 15.Section 18.16.275 of the Marysville Municipal
Code is hereby amended to read as follows:
18.16.275 Streamside protection zone.
(a)Establishment of Zone--Purpose.A streamside
protection zone is established along both sides of all of
the following streams,or segments thereof,within the city
of Marysville:
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Washington State Department of Fisheries stream
numbers:0044 (Quilceda Creek),0068 (Allen Creek),
0068A,0073 (Munson Creek),0073A,0074 (two
tributaries),Ebey Slough.
The purpose of this zone is to provide a buffer area where
natural vegetation will be preserved 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 streams for the limited 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 which is applicable in all land use
categories and environmental classifications.
(b)Definition of Zone.A streamside protection zone
shall extend twenty-five feet upland from that point in the
natural contour where the topography breaks for the
streambeds near as may be determined.As a guide in
interpreting 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 cannot 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 the 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 ordinary high
water mark cannot be found pursuant 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)of this section;
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kind;
(3 )Grading,filling or other earthwork of any
(4)Grazing or keeping livestock;
(5)Storage,parking,dumping or disposing of any
materials,natural or unnatural,including motor
vehicles,refuse,garbage,cuttings from trees,lawns
and gardens,and animal wastes;
(6)Landscaping,or cutting,removing,trimming
or otherwise modifying any natural vegetation 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 characteristics
.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 permit,if
applicable,is first obtained from the city:
(1)Public and private utility lines and
appurtenances,including underground storm drainage
facilities;
(2)Public and private roads,bridges and
appurtenances;
(3)Temporary private roads and bridges for the
purpose of providing access to perform stream
maintenance services;
(4 )
necessary
stream;
Activities and improvements which are
to maintain the natural characteristics of a
(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 protective
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:
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(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 the restrictions
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 this Code (omitting 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 one thousand dollars.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 protection zone on
the date the zone becomes applicable to the subject
property,and which were in full compliance with all codes
and regulations of the city or other applicable jurisdiction
at the time,shall be regarded as nonconforming uses.The
uses,developments and activities 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 this code.No nonconforming
use,development or activity within a streamside protection
zone shall be replaced,expanded or intensified 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 zone on the effective
date of said zone,shall be exempt from the restrictions of
the 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 consecutive months;or
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(2)The improvements are destroyed or demolished
to an extent where restoration costs would exceed
seventy-five percent of the assessed value;or
(3)The use of the property is changed to a new
occupancy classification under the Uniform Building
Code.
Section 16.Section 18.20.020 of the Marysville Municipal
Code is hereby amended to read as follows:
18.20.020 General requirements.The city adopts the
following sections of the Model SEPA Ordinance,as now
existing or hereafter amended,by reference,and
incorporates the same into this chapter as though set forth
in full:
(1)WAC 173-806-020
(2)WAC 173-806-030
(3)WAC 173-806-040;provided,that subsection (1)
thereof shall be amended to read as follows:
For those proposals for which the City is the lead
qgency,the Responsible Official shall be the City
Planning Director or such other person as the Mayor may
designate in writing.
(4)WAC 173-806-050
(5)WAC 173-806-053
(6)WAC 173-806-055
(7)WAC 173-806-058;provided,that subsection (1)
thereof shall be amended to read as follows:
For non-exempt proposals,the DNS or draft EIS for the
proposal shall accompany the City's staff
recommendation to any appropriate advisory body,such
as the hearing examiner.
Section 17.Section 18.20.100 of the Marysville Municipal
Code is hereby amended to read as follows:
18.20.100 Rules to be followed by the city--Fee
Schedule.The city adopts the following sections of the
Model SEPA Ordinance,as now existing or hereafter amended,
by reference,and incorporates the same into this chapter as
though set forth in full:
(1)WAC 173-806-185
(2)WAC 173-806-190;provided,that subsection (1)
thereof shall be amended to read as follows:
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All areas designated on the City's Shoreline
Environment Designation Map (see Section 18.16.020),
and areas designated as being within the Streamside
Protection Zone (see Section 18.16.275),are
"environmentally sensitive areas"as referred to in WAC
173-806-190.
For each environmentally sensitive area,the exemptions
within WAC 197-11-800 that are inapplicable for that
area are:(1)(b);(2) (d)and (g);(24)(b),(d)and (f);
(25)(h).Unidentified exemptions shall continue to
apply within environmentally sensitive areas for the
City.
(3)WAC 173-806-200;provided,that subsection (1)
thereof shall be amended to read as follows:
Threshold Determination.For every environmental
checklist the City will review when it is lead agency,
the City shall collect a fee as set out in Chapter
19.54 from the proponent of the proposal prior to
undertaking the threshold determination.When the City
completes the environmental checklist of the
applicant's request or under WAC 173-806-090(3)of this
chapter,an additional $100.00 shall be collected.
(4)WAC 173-806-220.
Section 18.Section 18.24.020 of the Marysville Municipal
Code is hereby amended to read as follows:
18.24.020 Projects subject to mitigation requirements.
All subdivisions,rezones,projects and developments .
(hereinafter collectively referred to as "projects")which
are found by the responsible official of the city of
Marysville,the hearing examiner or city council to directly
result in adverse environmental impacts or to adversely
affect the public health,safety or welfare (hereinafter
referred to as "adverse impacts"),shall be required to
mitigate such impacts as a condition of receiving city
approval to proceed with the project;provided,that
mitigation requirements shall not apply to categories of
projects which are exempt under WAC 197-10-170,except for
short plats,duplexes and triplexes,the exemption for which
is repealed for the purposes of this chapter.
Section 19.Section 19.08.050 of the Marysville Municipal
Code is hereby REPEALED.
section 20.Section 19.12.040 of the Marysville Municipal
Code is hereby amended to read as follows:
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19.12.040 District boundaries.The boundaries of such
districts are as shown upon the official zoning map.
The provisions of this title are attested by the
signature of the mayor and the city clerk,with the seal of
the municipality affixed,shall be kept on file in the
office of the Planning Department,and shall be available
for inspection by the public.
Section 21.Section 19.16.010 of the Marysville Municipal
Code is hereby amended to read as follows:
19.16.010 Table of permitted uses.Permitted uses in
districts are indicated by an "X"in the appropriate column
of the accompanying table.With the exception of
conditional uses,as regulated in Sections 19.44.020 through
19.44.040 only those uses appearing below are deemed to be
in the interests of public health,safety,morals and the
general welfare of the citizens of Marysville.A
conditional use is denoted in the column by the letter "C,"
under which and subject to the requirements of 19.16.020 and
19.20.010,no land,building or structure shall be used,and
no building or structure shall be erected which is extended
or designed to be used in whole or in part without specific
approval and on the conditions as authorized by the hearing
examiner.The criteria of Section 19.44.020 shall guide the
board in granting or withholding approval.
Districts and their purpose as shown in the tables of
permitted uses are as follows:
Single-family Residential (RS-20)-Exclusively a
single-family residence district with adequate plot areas
required and including the customary accessory and secondary
uses.
Single-family Residential (RS-12.5)-Exclusively a
single-family residence district with adequate plot areas
required and including the customary accessory and secondary
uses.
Single-family Residential (RS-9.6)-Exclusively a
single-family residence district with adequate plot areas
required and including the customary accessory and secondary
uses.
Single-family Residential (RS-7.2)-Primarily a
single-family residence district,with adequate plot areas
required and including the customary accessory and secondary
uses.
Multiple-family Residential,Low Density (RML)
Primarily a ~ultiple-family residence district with adequate
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plot areas required and including some single-family
residences and the customary and secondary uses.
Multiple-family Residential,High Density (RMH)-
Primarily a multiple-family residence district with adequate
plot areas required and including some single-family
residences and the customary uses and secondary uses.
Multiple-family Residential,Medium Density (RMM)-
Primarily a multiple-family residence district with adequate
plot areas required and including some single-family
residences and the customary accessory and secondary uses.
Neighborhood Business (BN) -Exclusively a neighborhood
district for the provision of convenience shopping for a
limited residential area and which involves retail
enterprises dispensing commodities,providing professional
services,or providing personal services to the individual.
Community Business (BC) -Primarily for the conduct of
retail trade,administrative and professional offices,and
service to the general public,in the central business
d.l st.r Lct.,with emphasis on large scale stores and
specialized shops serving the community trading area.
General Commercial (GC) -Primarily a general
commercial district for the conduct of enterprise which
depends on proximity to major streets or arterials for trade
or transportation.
General Industry (GI)-Exclusively for manufacturing,
processing,fabrication and assembling of products or
materials,warehousing and storage,and transportation
facilities.
Light Industrial (LI)-Primarily a district reserved
for non-nuisance generating industrial uses which will be
compatible with adjacent nonindustrial areas.
Freeway Service -See Chapter 19.24.
A~riculture -See Chapter 19.28.
Section 22.Section 19.16.030 of the Marysville Municipal
Code is hereby amended to read as follows:
19.16.030 Special limitations--In multiple-family
residential zones.
(a)Each apartment or condominium building,or complex
of buildings,shall provide recreation space which is equal
in area to a minimum of ten percent of the gross area of the
subject property.No more than one-half of this recreation
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area may be indoor or covered space.No part of the area may
be used for driveway,parking,or other automobile use.
Adequate fencing and plant screening shall separate the
recreational space from public streets,parking areas and
driveways.The shape and layout of the area and the proposed
type of screening shall be subject to hearing examiner
approval.
(b)Where the"total recreational space required is
three thousand square feet or less,the outdoor space shall
be one continuous parcel of land,not to be located within
the required front yard setback.
(c)Where a single lot or a combination of lots under
sihgle ownership is developed with more than one multiple-
family residential building,such property shall not be
subsequently subdivided except when each division thereof
complies with all requirements of applicable city codes and
ordinances.
(d) (1)All multiple-family residential project
approvals,and all rezones to a multiple-family residential
zoning Classification shall be subject to a professionally
prepared binding site plan approved by the city which
includes,at a minimum,the following features:
(A)An overall site development plan showing
the location of all buildings and uses,areas devoted
to open space,recreation and buffering,ingress and
egress points,internal pedestrian and vehicular
circulation;
(B)A rendering showing the general design,
dimension and appearance of proposed buildings,
including signs;
(C)General landscaping plans;
(D)Storm drainage plans showing existing
vegetation,slopes,topography and drainage conditions,
as well as proposed alterations and drainage control
devices;
(E)Fencing,berms,buffers,strips or other
proposed treatment of the boundary lines.
(2)Other maps,plans,studies and documentation
shall be submitted if deemed necessary by the city staff,
the hearing examiner or the city council,in order to
effectively evaluate the impact of the proposal.
Section 23.Section 19.16.060 of the Marysville Municipal
Code is hereby amended to read as follows:
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19.16.060 Temporary uses.
(a)Purpose.The purpose of this section is to
provide for certain temporary uses incidental to the
principal long term use of property.Temporary uses are to
be permitted only under the conditions as set forth hereln,
and where it is found that they do not endanger the public
health,safety and welfare.
(b)Permitted Uses.The following temporary uses and
structures shall be allowed:
(1)A temporary dwelling for use as a residence
by the owners of a lot during construction of a
permanent residential structure on the lot.The
temporary building need not comply with the
requirements of the Uniform Building Code,but shall
meet minimum health and safety standards prescribed by
the building official.It shall be removed from the
real estate upon completion of the permanent
residential structure or after one year,whichever
occurs first.
(2)A temporary structure for use by a contractor
as a construction shed or office while he is building
or remodeling a permanent structure on the same lot.
The temporary structure shall not be open to the
public.It need not comply with the requirements of
the uniform Building Code,but shall meet health and
safety standards prescribed by the building official.
It shall be removed from the lot upon completion of the
permanent structure or after one year,whichever occurs
first.
(3)A temporary structure erected on public
property for special occasions such as parades,
festivals or other public events;and temporary
structures erected on public property to meet
extraordinary needs of a public entity which affect the
public health,safety or welfare.Such structures need
not comply with the requirements of the Uniform
Building Code,but shall meet minimum health and safety
standards prescribed by the building official.They
shall be removed at the conclusion of the special event
or upon termination of the extraordinary public need.
(4)A temporary real estate sales office located
in a model or display home,subject to the following
conditions:
(A)If situated in a residential zone,the
office may only be used for sale activities related to
the plat in which it is located;
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(B)If situated in a commercial zone,the
office may only be used for sales related to the model
or display home itself;
(C)Within a period of one year,the use of
the building for a temporary real estate sales office
shall terminate,and the building shall be used
exclusively thereafter for uses permitted within that
zone,and shall meet all building and fire codes
applicable thereto,or shall be immediately removed.
(c)Conditional Uses.Because of their size or effect
upon surrounding property,the following uses of land may be
permitted in any zone allowing residential uses only upon
issuance of a conditional use permit.The permit shall not
be granted where conditions cannot be imposed which are
sufficient to protect public health,safety and welfare:
(1)Temporary dwelling upon the same,or if
necessary,contiguous lot (which for this purpose shall
become a part of the principal lot)as the principal
dwelling for use by only a relative by blood or
marriage of the occupants of the principal dwelling,
where such relative is to receive from,or administer
to,the principal dwelling occupant continuous care and
assistance necessitated by advanced age or infirmity,
subject to the following minimum conditions:
(A)The permit shall not be granted where
other provisions of city ordinance provide a reasonable
alternative for meeting the need for the dwelling.
(B)The need for such continuous care and
assistance shall be attested to in writing by a
licensed physician.
(C)The temporary dwelling shall be occupied
by not more than two persons.
(D)Use as a commercial residence is
prohibited.
(E)The temporary dwelling shall be situated
not less than twenty feet from the principal dwelling
on the same lot and shall not be located in any
required yard of the principal dwelling.
(F) A current vehicular license plate,if
applicable,shall be maintained during the period of
time the temporary unit is situated on the premises.
(G)Adequate screening,landscaping or other
measures shall be provided to protect surrounding
ORDINANCE -17
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property values and insure compatibility with the
immediate neighborhood.
(B)An annual building or mobile home permit
renewal for the temporary dwelling shall be required,
at which time the property owner shall certify,on a
form provided by the Planning Department,to the
continuing need for the temporary dwelling and,in
writing,agree that such use of the property shall
terminate at such time as the need no longer exists.
Section 24.Section 19.16.070 of the Marysville Municipal
Code is hereby amended to read as follows:
19.16.070 Special restrictions on adult entertainment
facilities.
(a)Location Restrictions.
(1)Adult entertainment facilities shall be
located exclusively within areas which are zoned in the
general industrial classification.
(2)An adult entertainment facility shall not be
located closer than four hundred feet to another adult
entertainment facility whether such facility is located
within or outside the city limits.Such distance shall
be measured by following a straight line from the
nearest point of public entry into the structure which
will house the proposed adult entertainment facility to
the nearest point of public entry into the structure
housing another adult entertainment facility.
(3)An adult entertainment facility shall not be
located within the area circumscribed by a circle which
has a radius consisting of the following distances from
the following specified uses or zones:
(A)Within one thousand feet of a~single
family residential zone;
(B)Within one thousand feet of any multiple
family residential zone;
(CI Within one thousand feet of a~public
or private school;
(D)Within one thousand feet of any church
or other religious facility or institution;
(E)Within one thousand feet of any public
park or school athletic facility;
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(F)Within one thousand feet of a convention
facility.
(4)For purposes of measuring the distances
provided in subsection (3),a straight line shall be
followed,without regard to intervening buildings,from
the nearest point of the property upon which the
proposed Use is to be located,to the nearest point of
the property or zoning boundary line from which the
proposed use is to be separated.
(b)Variances.Variances to the location restrictions
set forth in Section (a)of this section up to a maximum of
fifty percent,may be granted following a public hearing
before the hearing examiner and approval by the city
council,but only upon a finding that the following
conditions are met:
(1)That the proposed use will not be contrary to
the public interest or injurious to nearby properties;
and
(2)That the proposed use will not enlarge or
encourage the development of a "skid row"area;and
(3)That the establishment of an additional use
of this type in the area will not be contrary to any
program of neighborhood conservation or improvement,
either residential or nonresidential;and
(4)That all applicable regulations of the
Marysville Municipal Code will be observed fully in
their intent and spirit.
(c)Nonconforming Uses.Notwithstanding the
provisions of Chapter 19.40 relating to nonconforming uses,
any adult entertainment facility lawfully existing and
operating on the effective date of the ordinance codified in
this section may be continued and maintained without regard
to the restrictions on adult entertainment facilities
contained herein until January 1,1988 on the following
conditions:
(1)There may be a change in tenancy,ownership
or management of the facility,provided that there is
no change in the nature or character of the business.
(2)If the adult entertainment facility or use is
vacated,abandoned or closed for a continuous period of
one hundred eighty days,the nonconforming status shall
be lost.
ORDINANCE -19
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(3)The adult entertainment facility or use
cannot be expanded into additional buildings or areas
of buildings on the property.
(4)All other codes,ordinances,regulations and
statutes shall be complied with in full.
(5)All nonconforming adult entertainment
facilities and uses shall lose their nonconforming
status on January 1,1988 and shall thereupon
terminate.Thereafter,all restrictions relating to
adult entertainment facilities and uses shall be
complied with in full.
(d)Enforcement.
(1)Violation of any of the provisions of the
Marysville Municipal Code relating to adult
entertainment facilities is declared to be a public
nuisance per se,and shall be subject to abatement
through civil proceedings and not by criminal
prosecution.
(2)Nothing in this code is intended to
authorize,legalize or permit the establishment,
operation or maintenance of any business,building or
use which violates city codes or statutes of the state
of Washington regarding public nuisances,sexual
conduct,lewdness,or obscene or harmful matter or the
exhibition or public display thereof.
Section 25.Section 19.24.010 of the Marysville Municipal
Code is hereby amended to read as follows:
19.24.010 Purpose.The purpose of establishing the
freeway service (FS)zone is to permit the location of
needed freeway commercial facilities in the vicinity of on
and off ramp frontage and access roads of limited access
highways with a minimum of traffic congestion in the
vicinity of the ramp.Permitted uses are therefore limited
to.commercial establishments required by highway users.
Certain perf.ormance standards,subject to hearing examiner
review,are included to protect the freeway design.
Section 26.Section 19.24.040 of the Marysville Municipal
Code is hereby amended to read as follows:
19.24.040 Accessory uses.Uses permitted only in
conjunction with appropriate principal uses,subject to
gross floor area limitations in furtherance of the policies
of this chapter are as follows:
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(1)Facilities for emergency vehicle repair,when
conducted entirely within a building;
(2 )
store;
Confectionery,delicatessen,drug store and candy
Gift,curio and novelty shops;
(4)Ice storage and dispensing structure,not more
than five tons capacity;
(5)Other uses similar in intensity to the above,
which ~he hearing examiner finds to be consistent with the
policies set forth in this chapter and subject to such
conditions as the hearing examiner may require in
furtherance of these policies.
Section 27.Section 19.24.110 of the Marysville Municipal
Code is hereby amended to read as follows:
19.24.110 Screening.Each development shall be
permanently screened from adjoining and contiguous
residential areas or zone by a wall,fence,greenbelt or
other enclosure approved by the hearing examiner of minimum
height of four feet and maximum height of seven feet.No
signs shall be permitted on any part of a screening
enclosure unless equivalent screening is provided by
existing parks,parkways,recreational area or by topography
or other natural conditions.No screening shall be required
when abutting eXisting parks,parkways,recreation area or
by topography or other natural conditions.
Section 28.Section 19.24.120 of the Marysville Municipal
Code is hereby amended to read as follows:
19.24.120 Issuing building permits.Prior to the
issuance of the building permit for any structure in an FS
zone,a site plan for the zone,indicating the provisions
for acceleration and deceleration lanes,ingress and egress
driveways,curbing,internal traffic circulation and
parking,the location of structures,and the floor area
devoted to accessory uses must be reviewed and approved by
the planning commission.Where only partial development of
the zone is involved,the hearing examiner will evaluate the
partial development plans as they contribute to or limit the
possible ultimate development of the zone.
Section 29.Section 19.24.130 of the Marysville Municipal
Code is hereby amended to read as follows:
19.24.130 Granting permission for an FS zone.Prior to
formal hearing examiner consideration for the granting of an
FS zone,the planning department shall have on file the
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engineer's written evaluation of the adequacy of the
proposed traffic control measures and the effect of the
applicant's proposal on the proper functioning of the
freeway interchange.Where a state facility is involved,
the county engineer's evaluation shall include an evaluation
by the State Highway District Engineer.
Section 30.Section 19.28.030 of the Marysville Municipal
Code is hereby amended to read as follows:
19.28.030 Conditional uses.The following uses are
permitted only by special permit by the hearing examiner:
(1)Stockyards;
(2)Slaughterhouses;
(3)Transient workers'housing;
(4)Mining and peat removal and processing.
Section 31.Section 19.29.040 of the Marysville Municipal
Code is hereby amended to read as follows:
19.29.040 Preliminary site plan.Any applicant for a
PCB zone shall submit at the time of the application
professionally prepared plans,drawings and other necessary
documentation,including,at a minimum,the following:
(1)An overall site development plan showing the
location of all buildings and uses,areas devoted to open
space and buffering,ingress and egress points,internal
pedestrian and vehicular circulation;
(2)A staging schedule for the project,if applicable;
(3)A rendering showing the general design and
appearance of proposed buildings,including signs;
(4)General landscaping plans;
(5)Storm drainage plans showing existing vegetation,
slopes and drainage conditions,as well as proposed
alterations and drainage control devices;
(6)Fencing,berms,buffer strips or other proposed
treatment of boundary lines;
(7)Other maps,plans,studies and documentation shall
be submitted if deemed necessary by the city staff,the
hearing examiner or the city council,in order to
effectively evaluate the impact of the proposal;such as a
traffic analysis,economic feasibility study,demand
ORDINANCE -22
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analysis for residential dwelling units,or environmental
inventory and analysis.
Section 32.Section 19.29.050 of the Marysville Municipal
Code is hereby amended to read as follows:
19.29.050 Binding site plan.
(a)Following approval by the city council of a PCB
zone and the preliminary site plan relating to the same,but
before development activities commence on the property,the
applicant shall submit site plan including,at a minimum,
the following:
(1)All elements of the preliminary site plan as
approved by the city council;
(2)Original and proposed topography in maximum
five-foot contour intervals,and preservation measures
for fill and cut slopes;
(3)Typical cross-sections of all internal
streets and sidewalks;
(4)Final landscaping plan,including plant
locations,species,size at planting,together with
location and typical side view of perimeter fencing or
berms,if any;
(5)An architectural rendering showing the
exterior profile and appearance of all buildings,
including signs,drawn to a scale of not less than one
inch to fifty feet;
(6)Detailed drainage plans,including the
location of all stormwater drainage facilities,
retention/detention ponds and oil/water separators;
(7)A statement that all development will be in
strict conformity with the approved binding site plan,
and with all applicable provisions of this code;and
that no structures shall be occupied until all required
improvements have been completed to the satisfaction of
the city;
(8)A certificate of approval prepared for the
signature of the mayor.
(b)The city staff shall review the binding site plan
to determine whether it conforms to the approved PCB rezone
and the preliminary site plan,and the applicable state laws
and city ordinances which were in effect at the time of the
approval.Upon such conformity being found,the binding site
ORDINANCE - 23
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plan shall be signed by the mayor,or,in the mayor's
discretion,referred to the hearing examiner and city
council for final acceptance.An approved binding site plan
shall constitute an integral part of the PCB zone for the
subject property and shall be binding upon the owner of said
property,its successors and assigns.All development of the
subject property shall be in strict compliance with the plan
and with the rezone ordinance.
(c)An approved plan may be modified or amended at the
request of the property owner by administrative action of
the city planning director;provided,that this authority
shall be limited to amendments of a minor nature which cause
no increase in intensity of use,and which do not reduce
performance standards or increase the detrimental impact of
the zone on adjoining properties.Requests for substantial
modifications shall be submitted to the hearing examiner and
city council for rehearing as a new rezone application.
Section 33.Section 19.29.080 of the Marysville Municipal
Code is hereby amended to read as follows:
19.29.080 Performance standards.
within this zone shall strictly comply
performance standards:
All development
with the following
(1)Project Area.Any proposal for a PCB zone shall
contain a minimum of one acre and shall contain provision
for development under unified control in accordance with one
overall site development plan.The proposed site may be
developed in stages.
(2)Required Mix of Uses.A minimum quantity of
residential uses shall be required by the city in each PCs
comprehensive planning area as a means of promoting the
purpose of this chapter.
(3)Setbacks.The following minimum setbacks for
buildings and structures shall be observed:
(A)Commercial Uses.The combined setback for
front and rear yards shall be no less than fifty feet;
the front yard shall be a minimum of twenty-five feet
the rear yard shall be a minimum of ten feet if
abutting commercial or industrial uses,and twenty feet
if abutting residential uses.
Side yards abutting commercial or industrial uses
shall be no less than ten feet;side yards abutting
residential uses shall be no less than twenty feet.
(B)Multiple Family Uses.The combined setback
for front and rear yards shall be no less than sixty
ORDINANCE -24
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feet.The front yard shall be a minimum of twenty-five
feet;the rear yard shall be a minimum of twenty feet.
Side yards shall be a minimum of ten feet.
(C)Pump Islands and Canopies.Pump islands
shall meet a minimum setback of twenty-five feet from
the right-of-way.Canopies shall meet a minimum setback
of fifteen feet from the right-of-way.
(D)Reduced yards and setbacks may be approved
case-by-case basis to provide flexibility for
innovative development plans.No structure or portion
thereof shall be closer than ten feet to any structure
on an adjacent lot.
(4)Height.No building or structure shall exceed two
stories in height,or thirty-five feet.
(5)Open Space.Areas zoned PCs shall include a
minimum of twenty percent of the site for common open space.
Open space shall not include areas devoted to buildings,
parking or vehicular access.
(6)Vehicular Access.Each project shall be limited
to a maximum of two points of vehicular access on anyone
street.unless it can be demonstrated that additional points
of vehicular access would not materially impede the flow of
traffic on the adjoining streets.
(7)Pedestrian Access.All projects which contain
multiple businesses and/or residential uses shall provide
interconnecting pedestrian circulation system.
(8)Landscaping and Buffering.Landscaping and
buffering shall conform to the following requirements:
(A) A planting strip at least ten feet wide shall
be provided and maintained along all side and rear
property lines.Planting shall be spaced to form a
sight-obscuring screen within two years after planting.
(B) A planting strip at least ten feet wide shall
be provided and maintained along all street frontages,
with the exception of driveway areas.Planting
materials shall be chosen which will not obstruct
vehicular or pedestrian visibility.
(C)Ten percent of parking areas shall be in
landscaping,exclusive of planting strips required
along street frontages;provided,that parking lots
containing less than twenty parking spaces shall be
exempt from this requirement.
ORDINANCE -25
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(D)Outdoor storage areas shall be concealed from
public view by a sight-obscuring fence or
sight-obscuring plantings.
(E)Residential structures within a project shall
be visually segregated from commercial structures and
adjoining parking lots by use of vegetation,
landscaping,fencing,walls,berms or other similar
methods which are deemed under the circumstances to
create effective and aesthetically pleasing screens or
buffers between such diverse land uses.
(F)All required landscaping shall be installed
prior to building occupancy;provided,that the
planning director may authorize up to a sixty-day delay
to accommodate the planting season.
(8)Where a PCB site has substantial numbers of
evergreen trees,site development shall be sensitive to
the preservation of such vegetation.
(H)Changes in minimum landscaping requirements
may be approved by the city on a case-by-case basis to
provide for flexibility in landscaping design.
(9)Parking for Residential Uses.Off-street parking
spaces shall be provided for all single-family and multiple-
family residential dwelling units at a ratio of two parking
units per dwelling unit.
(10)Lighting.Outdoor lighting shall not shine on
adjacent properties,rotate or flash.
(11)Standards Incorporated by Reference.Unless
specifically superseded by provisions of this chapter,
performance standards for residential and commercial
development found elsewhere in the Marysville Municipal Code
shall apply to such developments in a PCB zone,including
parking requirements,storm drainage requirements,sign
regulations,and noise regulations.
Section 34.Section 19.29.090 of the Marysville Municipal
Code is hereby amended to read as follows:
19.29.090 Maintenance of ODen sDace,landscaping and
common facilities.The owner of the property,its heirs,
successors and assigns,shall be responsible for the
preservation and maintenance of all open space,parking
areas,walkways,landscaping,fences and common facilities,
in perpetuity,at a minimum standard at least equal to that
required by the city,and approved by the planning director,
at the time of initial occupancy.
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Section 35.Section 19.30.050 of the Marysville Municipal
Code is hereby amended to read as follows:
19.30.050 Procedures for review and approval.
(a)Rezone.
to be enacted,all
fees,specified in
full.
For an MHP overlay zoning classification
procedural requirements,including filing
Section 19.54,shall be complied with in
(b)Preliminary Site Plan.A preliminary site plan
meeting the requirements of Section 19.30.070(a)shall be
submitted with all applications for MHP rezones.Said site
plan shall be subject to review,modification,approval or
denial by the city council as an integral part of the MHP
rezone process.There shall be no clearing,grading,
construction or other development activities commenced on an
approved mobile/manufactured home park until a preliminary
site plan is upgraded to a binding site plan,and the same
is approved and filed.
(c)Binding Site Plan.Following final approval by
the city council of an MHP rezone,but before development
activities commence on the property,the owner shall submit
a binding site plan meeting the requirements of Section
19.30.070 (b).The city staff shall review the binding site
plan to determine whether it conforms to the approved
preliminary site plan,the MHP rezone,and applicable state
laws and city ordinances which were in effect at the time of
the rezone approval.Upon such conformity being found the
binding site plan shall be signed by the mayor,or,in the
mayor's discretion,referred to the city council for final
acceptance.An approved binding site plan shall constitute
an integral part of an MHP zoning overlay,and shall be
binding upon the owner of the property,its successors and
assigns.All development within a mobile/manufactured home
park shall be consistent with the binding site plan.
(d)Subdivision Exemption.If a mobile/manufactured
home park remains completely under single ownership or
control,including ownership by a condominium association,
compliance with an approved MHP rezone and binding site plan
shall preclude the necessity to plat the park or comply with
any subdivision laws or ordinances.
(e)Amendment of Binding Site Plan.An approved
binding site plan may be modified or amended at the request
of the applicant upon receiving administrative approval by
the city planning director;provided,that if said
modification or amendment affects the external impacts of
the mobile/manufactured home park,or is determined by the
planning director to be substantial in nature,then such
modification or amendment shall be resubmitted to the
ORDINANCE -27
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hearing examiner and city council as a rezone application
pursuant to Section 19.56.050.
(f)Duration of Approval.An MHP rezone and the
binding site plan which is an integral part thereof shall be
effective for three years from the date of approval of the
rezone by the city council.An applicant who files a
written request with the city council at least thirty days
before the expiration of said approval period shall be
granted a one-year extension upon a showing that the
applicant has attempted in good faith to progress with the
development of the park.During the approval period all
improvements required by the binding site plan shall be
completed or bonded.Bonding shall conform to the bonding
requirements for plats specified in Chapter 20.20.
(g)Completion Prior to Occupancy.All required
improvements and other conditions of the MHP rezone and
binding site plan approval shall be met prior to occupancy
of any site by a mobile/manufactured home;provided,that
completion may be accomplished by phases if approved by the
planning director.
(h)Compliance.Any use of land which requires an MHP
rezone and binding site plan approval,as provided in this
chapter,and .for which such review and approval is not
obtained,or which fails to conform to an approved MHP
rezone and binding site plan,constitutes a violation of
this title.
(i)Health District Approval.Prior to occupancy of a
mobile/manufactured home park,the owner shall obtain a
permit from the Snohomish health district and comply with
all rules,regulations and requirements of said district.
Said permit must be kept current at all times,subject to
the park being closed.The rules,regulations and
requirements of the health district shall be construed as
being supplements to the provisions of this chapter.
Section 36.Section 19.30.070 of the Marysville Municipal
Code is hereby amended to read as follows:
19.30.070 Required elements of site plans.All new
mobile/manufactured home parks,or expansions to or
increases in density of existing parks,shall be subject to
site plan approval,as provided above.The site plan shall
be accurately drawn at a scale of not less than one inch for
each forty feet,and shall include,at a minimum,the
following:
(a)Preliminary site plan:
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(1)The title and location of the proposed park,
together with the names,addresses and telephone
numbers of the owners of record of the land,and if
applicable,the names,addresses and telephone numbers
of any architect,planner,designer or engineer
responsible for the preparation of the plan,and of any
authorized representative of the applicant;
(2)Area of the site;
(3)Project staging or phases,if any;
(4)The number of mobile/manufactured homes to be
accommodated;
(5)A vicinity map at a minimum scale of two
inches for each mile,showing sufficient area and
detail to clearly locate the project in relation to
arterial streets,natural features,landmarks and
municipal boundaries;
(6)The location,identification and dimensions
of all property lines,streets,alleys and easements.
Indicate the condition of all public rights of way;
(7)The location of all existing and proposed
structures,including but not limited to buildings,
fences,culverts,bridges,roads and streets;
(8)The proposed location of all
mobile/manufactured homes and accessory structures with
setback requirements and lot coverage limitations;
(9)The location of all proposed open space,
buffer strips and landscaped areas,showing existing
trees and plant materials to be preserved,and
conceptual plantings,berms and other features which
are proposed;
(10)The location and intended use of outdoor
storage areas;
(11)The location and intended use of recreational
areas and facilities;
(12)Such additional detail as a city staff
reasonably requires.
(b)Binding site plan:
(1)All elements of the preliminary site plan,as
approved by the city council;
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(2)Original and proposed topography at maximum
five-foot contour intervals,and preservation measures
for fill and cut slopes;
(3)Typical cross-sections of all proposed
internal circulation streets;
(4)The existing edge and width of pavement of
any adjacent roadways and all proposed internal
streets,off-street parking facilities,driveway
approaches,curbings,sidewalks or walkways,street
channelization and type of surfaces;
(5)The location,size and type of all proposed
signs;
(6)The location,type and wattage of all outdoor
lighting with typical standards illustrated;
(7)The location of all water mains,valves and
fire hydrants;
(8)The location of all sewer mains,laterals,
manholes,pump stations,and other appurtenances;
(9)The location of all stormwater drainage
facilities,retention/detention ponds,and oil/water
separators;
(10)A statement that all development of the
mobile/manufactured home park shall be in strict
conformity with the MHP rezone,the site plan,and with
all applicable provisions of this code;and that no
mobile/manufactured homes shall be occupied in said
park until all required improvements have been
completed to the satisfaction of the city;
(11)A certificate of approval prepared for the
signature of the mayor;
(12)An as-built certification prepared for the
signature of the city planning director upon
satisfactory completion of the mobile/manufactured home
park or a designated phase thereof.
Section 37.Section 19.30.090 of the Marysville Municipal
Code is hereby amended to read as follows:
19.30.090 Park administration.
(a)The owner of a mobile/manufactured home park shall
be responsible for the development and maintenance of the
park in strict conformity with the MHP rezone,the binding
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site plan,and all applicable laws and ordinances.The
Marysville planning department shall have jurisdiction over
the owner in the event litigation is commenced by the city
to enforce such compliance.
(b)A mobile/manufactured home park shall have
internal rules and regulations governing,at a minimum,the
following:
(1)A requirement that all tenants comply with
city inspection codes at the time a mobile/manufactured
home is installed or modified;
(2)A requirement that all tenants comply with
city zoning code restrictions relating to the use of
their mobile/manufactured home and lot;
(3)A requirement that al landscaping,buffer
areas,recreational areas and facilities,storage
areas,streets,walkways and other common areas and
facilities be continuously maintained to at least the
minimum standard required by the city and approved by
the planning director at the time of initial occupancy.
(c)A mobile/manufactured home park shall have a
resident manager who shall be the agent of the owner with
authority to communicate directly with the city officials
regarding compliance with city codes and requirements,and
who shall be responsible for the enforcement of park rules
and regulations.
Section 38.Section 19.30.100 of the Marysville Municipal
Code is hereby amended to read as follows:
19.30.100 Authority to issue permits for and insDect
installations of mobile/manufactured homes.Pursuant to WAC
296-150B-220,the city of Marysville assumes responsibility
for issuing permits,conducting inspections,and enforcing
federal,state and local standards for the installation of
mobile/manufactured homes.Said function shall be performed
by the city building official,who shall at all times be a
person meeting the qualifications specified in WAC 296-150B-
220(5).
Section 39.Section 19.30.130 of the Marysville Municipal
Code is hereby amended to read as follows:
19.30.130 Inspections.
(a)No person may occupy or allow or suffer another
person to occupy a mobile/manufactured home before the
installation of the same has been inspected and approved by
the city building official.
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(b)The installer shall request an inspection after
all aspects of the installation,other than installation of
the foundation facia,have been completed.The building
official will inspect the installation within five business
days after he receives the request.If the inspection is
not completed within five business days,the tenant or owner
may occupy the mobile/manufactured home at his or her own
risk.Occupancy before inspection does not imply city
approval.
(c)The building official shall approve the
installation of a mobile/manufactured home,and allow the
same to be occupied,if the installation complies with the
installation requirements of this chapter and the conditions
of the perl\lit.If the installation does not so comply,the
building official shall provide the installer with a list of
corrections that the installer must make.The list of
corrections shall state a date by which the corrections must
be completed.The building official shall reinspect the
installation after the.corrections are completed.If the
items that require correction do not endanger the health or
safety of the occupants,or substantially affect the
habitability of the mobile/manufactured home,the building
official may permit the owner of the home to occupy it.
section 40.Section 19.30.140 of the Marysville Municipal
Code is hereby amended to read as follows:
19.30.140 Installation standards.The city adopts,
and incorporates herein by reference,all installation
standards and all inspection and enforcement rules relating
to mobile/manufactured homes,as now or hereafter specified
in Chapter 296-150B of the Washington Administrative Code.
Said standards relate to site preparation,foundation system
footings,foundation system piers,foundation system plates
and shims,foundation facia,anchoring systems,and on-site
assembly of units.The same shall be administered and
enforced by the city building official.
Section 41.Section 19.30.150 of the Marysville Municipal
code is hereby amended to read as follows:
19.30.150 Insignia requirement.All
mobile/manufactured homes to be located within the city of
Marysville that do not bear an insignia of approval from the
Washington State Department of Labor and Industries,or the
U.S.Department of Housing and Urban Development,and for
which the owner can demonstrate proof that the home was
located within the city of Marysville prior to January 1,
1982,shall,to the extent feasible,be inspected by the
city building official,following payment of all applicable
fees,for the following livability and health-safety
criteria before relocating:
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(a)The home must have safe,operable heating
facilities.
(b)The home must be equipped with a water lavatory,
bathtup or shower,kitchen sink;be provided with hot and
cold running water;and all facilities shall be installed
and maintained in a safe and sanitary condition.
(c)All electrical service-entrance conductors,
'service equipment,switches,lighting outlets,power outlets
and appliances shall be maintained in a safe manner.
(d)The home must be weather protected so as to
provide shelter for the occupants against the elements and
to,exclude dampness.
(e)
condition
emergency
All openable windows and doors must be in openable
to provide for adequate natural ventilation and
exit.
(f)An operable smoke detector shall be installed
within the home.
(g)The home shall be structurally sound with no
apparent hazardous conditions in the floors,walls,ceilings
and roofs.
(h)The home shall be well maintained,free of debris
and infestations of insects,vermin or rodents.
(i)The inspection form shall include a statement that
inspection does not constitute a warranty that the home is
safe or livable.
Section 42.Section 19.30.160 of the Marysville Municipal
Code is hereby amended to read as follows:
19.30.160 Penalties.
(a)Any person,firm or corporation who shall violate
or fail to comply with any provision of this chapter or who
shall,having obtained a permit hereunder,wilfully fail to
continue to comply with the terms and conditions hereunder,
or who shall knowingly counsel,aid or abet such violation
or failure to comply,shall be deemed guilty of a
misdemeanor and punished by imprisonment for a term not to
exceed six months or by a fine not to exceed five hundred
dollars or by both such fine and imprisonment.
(b)In addition to or as an alternative to any other
penalty provided herein or by law,any person,firm or
corporation who shall violate or fail to comply with any
provision of this chapter or who shall,having obtained a
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permit hereunder,wilfully fail to continue to comply with
the terms and conditions hereunder,shall incur a cumulative
civil penalty in the amount of one hundred dollars per day
from the date set for correction by written notice served by
the city planning director.
Section 43.Section 19.31.050 of the Marysville Municipal
Code is hereby amended to read as follows:
19.31.0.50 Conditional use permit required.A
recreat{onal vehicle park shall be allowed only upon the
issuance of a conditional use permit by the hearing examiner
and city council.The owner,operator and occupants of a
recreational vehicle park shall develop and use the park in
strict compliance with the conditions imposed by the permit.
The agency issuing the permit shall maintain continuing
jurisdiction for the review and enforcement of said
conditions.
Section 44.Section 19.31.070 of the Marysville Municipal
Code is hereby amended to read as follows:
19.31.070 Binding site plan.A site plan shall be
submitted with all applications for a recreational vehicle
park.Said site plan shall be subject to review,
modification,approval or denial by the agency issuing the
permit.An approved binding site plan shall constitute an
integral part of the permit for the recreational vehicle
park,and shall be binding upon the owner of the property,
its successors and assigns.All development with the
recreational vehicle park shall be consistent with the
binding site plan.Such plans may be modified or amended at
the request of an owner upon receiving administrative
approval by the city planning director,provided,that if
said modification or amendment affects the external impacts
of the recreational vehicle park,or is determined by the
planning director to be substantial in nature,then such
modification or amendment shall be resubmitted to the agency
which originally issued the permit.
Section 45.Section 19.31.120 of the Marysville Municipal
Code is hereby amended to read as follows:
19.31.120 Penalties.
(a)Any person,firm or corporation who violates or
fails to comply with any provision of this chapter or who
shall,having obtained a permit hereunder,wilfully fail to
continue to comply with the terms and conditions hereunder,
or who shall knowingly counsel,aid or abet such violation
or failure to comply,shall be deemed guilty of a
misdemeanor and punished by imprisonment for a term not to
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exceed six months or by a fine not to exceed five hundred
dollars or by both such fine and imprisonment.
(b)In addition to or as an alternative to any other
penalty provided herein or by law,any person,firm or
corporation who violates or fails to comply with any
provision of this chapter or who shall,having obtained a
permit hereunder,wilfully fail to continue to comply with
the terms and conditions hereunder,shall incur a cumulative
civil penalty in the amount of one hundred dollars per day
from the date set for correction by written notice served by
the city planning director.
Section 46.Section 19.36.060 of the Marysville Municipal
Code is hereby amended to read as follows:
19.36.060 Off-street parking--Joint use.The hearing
examiner may authorize the joint use of parking facilities
for the following uses or activities under conditions
specified:
(1)Up to fifty percent of the parking facilities
required by this chapter for primarily "nighttime"uses such
as theaters,bowling alleys,bars,restaurants and related
uses,maybe supplied by certain other types of buildings or
uses herein referred to as "daytime"uses such as banks,
offices,retail and personal service shops,clothing,food,
furniture,manufacturing or wholesale and related uses;
(2 )
required
supplied
Up to fifty percent of the parking facilities
by this chapter for primarily "daytime"uses may be
by primarily "nighttime"uses;
(3)Up to one hundred percent of the parking
facilities required by this section for a church or for an
auditorium incidental to a public or parochial school,may
be supplied by the off-street parking facilities provided by
uses.primarily of a "daytime"nature.
Section 47.Section 19.36.070 of the Marysville Municipal
Code is her~by amended to read as follows:
19.36.070 Off-street parking--Conditions required for
joint use.The building or use for which application is
being made to utilize the off-street parking facilities
provided by another building or use shall be located within
five hundred feet of such parking facilities in addition to
which:
(1)The applicant shall show that there is no
sUbstantial conflict in the principal operating hours of the
two buildings or uses for which joint use of off-street
parking facilities is proposed;
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(2)The applicant shall present a properly drawn legal
instrument to be recorded with the county auditor,executed
by the parties concerned for joint use of off-street parking
f ac i.Li.t.Le a and approved as to form and manner of execution
by.the city attorney,to the hearing examiner upon
application,such instrument to be filed with the planning
department upon approval by the city council.
Section 48,Section 19.40.050 of the Marysville Municipal
Code is hereby amended to read as follows:
19.40.050 Conditional uses.The hearing examiner
shall have authority to grant conditional use permits
referred to in this chapter.The procedures used by the
hearing examiner shall comply with Chapter 19.44.The
hearing examiner shall apply the following criteria:
(1)A nonconforming use or structure should not result
in a lack of compatibility with existing and potential uses
in the immediate area.
(2)Adverse impacts of a nonconforming use or
structure must be mitigated by site design elements such as
landscaping,provision for parking,elimination of outside
storage,and general visual improvement of the property.
(3)Adequate provisions must be made for public
improvements such as sewer,water,drainage,pedestrian
circulation and vehicle circulation,both on-site and off-
site.
(4)Concerns of adjacent property owners and the
general public must be properly considered.
Section 49.Section 19.44.010 of the Marysville Municipal
Code is hereby amended to read as follows:
19.44.010 Conditional uses--Generally.The hearing
examiner shall have the authority to grant in particular
cases and sUbject to appropriate conditions and safeguards,
conditional use permits as authorized by this title.The
application for a conditional use permit shall accompany the
application for a building permit and/or a certificate of
occupancy.The application shall be made to the planning
department who shall transmit the application to the hearing
examiner for review and recommendations.Thereafter,the
hearing examiner may conduct special public hearings and may
grant or deny the conditional use requested.
Section 50.Section 19.44.020 of the Marysville Municipal
Code is hereby amended to read as follows:
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19.44.020 Conditional uses--Criteria.The standards
and criteria governing the issuance of conditional use
permits are as follows:
(a)That the use will not endanger the public health
or safety if located where proposed and developed,and that
the use will not allow conditions which will tend to
generate nuisance conditions such as noise,dust,glare,
vibration;
(b)That the use meets all required conditions and
specifications set forth in the zone where it proposes to
locate;
(c)That the sue will not be injurious or detrimental
to adjoining or abutting property,or that the use is a
public necessity;
(d)That the location and character of the use,if
developed according to the plan as submitted and approved,
will be in harmony with the area in which it is to be
located and in general conformity with the comprehensive
plan of development of Marysville and its environs.
(e)In addition,the hearing examiner may impose
specific conditions precedent to establishing the use and
conditions may include:
(1)Increasing requirements in the standards,
criteria or policies established by this title,
(2)Stipulate the exact location as a means of
minimizing hazards to life,limb,property damage,
erosion,land slides or traffic,
(3)Require structural features or equipment
essential to serve the same purposes as set forth in
(2)of this subsection,
(4)Impose conditions similar to those set forth
in (2)and (3)above,as deemed necessary to establish
parity with uses permitted in the same zone in their
freedom from nuisance generating features in matters of
noise,odors,air pollution,wastes,vibration,
traffic,physical hazards;
(f)All conditions required by the hearing examiner
shall be entered in the minutes of the meeting at which the
permit is granted and also on the certificate of the
conditional use permit;
(g)To ensure the establishment of the above
conditions,the hearing examiner shall have the authority to
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require and approve a specific plan,to increase the
requirements set forth above and requirements elsewhere in
the title,but in no case shall the hearing examiner have
the authority to decrease the requirements of this title for
any use in the zone it proposes to locate.Any such
decrease in the requirements of this title shall only be
granted upon the issuance of a variance.
Section 51.Section 19.44.040 of the Marysville Municipal
Code is hereby amended to read as follows:
19.44.040 Variances--Conditions governing
applications--Procedures.The hearing examiner shall have
the authority to grant a variance from the requirements of
this.title,after considering the matter at a public hearing
duly called,giving notice to adjoining property owners as
provided herein.
(a)Before any variance can be granted,the hearing
examiner shall make findings of fact setting forth and
showing that the following circumstances exist:
(1)The variance shall not constitute a grant of
special privilege inconsistent with the limitation upon
uses of other properties in the vicinity and zone in
which the property on behalf of which the application
was filed is located;and
(2)That such variance is necessary,because of
special circumstances relating to the size,shape,
topography,location or surroundings of the subject
property,to provide it with use rights and privileged
permitted to other properties in the vicinity and in
the zone in which the subject property is located;and
(3)That the granting of such variance will not
be materially detrimental to the public welfare or
injurious to the property or improvements in the
vicinity and zone in which the subject property is
situated.
(b)In granting any variance,the hearing examiner may
prescribe appropriate conditions and safeguards that will
ensure that the purpose and intent of this title shall not
be violated.Violation of such conditions and safeguards
when made part of the terms under which the variance is
granted,is a violation of this title and punishable under
Section 19.56.060.
(c)With respect to uses of land,buildings and other
structures,this title is declared to be a definition of the
public interest by city council,and the spirit of the
ordinance codified in this title will not be observed by any
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variance which permits a use not generally or by conditional
use,permitted in the district involved,or any use
expressly or by implication prohibited,by terms of this
title in the district.Therefore,under no circumstances
shall the hearing examiner grant a variance to permit a use
not generally or by conditional use permitted in the
district involved,or any use expressly or by implication
prohibited,by the terms of this title in the district.
Section 52.Section 19.44.045 of the Marysville Municipal
Code is hereby amended to read as follows:
19.44.045 Continuing jurisdiction.The city council
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 violated or that modifications to
the variance or conditional use permit are necessary,the
city council 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 city council,the city
council may for good cause shown direct the planning
director to issue a stop work order to temporarily 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 city
council may reaffirm,modify or rescind all or any part of
the variance or conditional use permit being reviewed.The
city council's decision shall be final subject to appeal as
provided in Section 19.44.050.
Section 53.Section 19.44.050 of the Marysville Municipal
Code is hereby amended to read as follows:
19.44.:050 Cancellation and appeal of decisions.The
decision of the city council granting a conditional use
permit or a variance shall be canceled and automatically
become null and void if the owner of the subject property
has not obtained a building permit and/or occupancy permit
in compliance with the decision within one year from the
date of the decision.All action of the city council shall
be conclusive unless within ten days from the date of the
action the original applicant,or an adverse party,makes
application to the Snohomish County superior court for a
writ of certiorari,writ of prohibition or a writ of
mandamus.The cost of transcription of all records required
by the court for such review shall be borne by the
appellant.
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Section 54.Section 19.44.060 of the Marysville Municipal
Code is hereby amended to read as follows:
19.44.060 Procedure.
(a)Application for conditional use permits,variances
or appeals form rulings of the planning director concerning
provisions contained in this title shall be under the
jurisdiction of the hearing examiner.The planning director
shall be the secretary of the hearing examiner and shall
receive all applications and requests for appeals,and shall
maintain and be custodian of all records and minutes of the
hearing examiner.
(b)A written request for an appeal from an
administrative determination of the planning director must
be filed within ten days of the date of such determination.
The filing fee for such an appeal shall be fifty dollars.
the written requests shall refer to the specific provision
of this title involved,and shall set forth the
interpretation that is claimed.The appellant shall receive
ten days'written notice of the date of the hearing on his
appeaL No public notification of said hearing,as required
by Section 19.44.080 below,shall be applicable.
(c)All applications for variances and conditional use
permits shall be in writing on forms prescribed by the
planning department.The filing fee for variances and
conditional use permits shall be one hundred and fifty
dollars,to cover the costs of processing the applications,
and the cost of publishing and posting the required public
notices.All applications shall be accompanied by a copy of
the Snohomish County assessor's record showing the legal
owners of all properties within three hundred feet of the
subject property.
Section 55.Section 19.44.070 of the Marysville Municipal
Code is hereby amended to read as follows:
19.44.070 Stay.
(a)When any appeal is made to the hearing examiner
from the decision of the planning director,any further
findings of the matter shall be stayed until the final
determination by the city council.
(b)When an appeal is taken to the superior court from
any decision of the city council,all proceedings therein
shall be stayed until final determination by the superior
court.
Section 56.Section 19.44.080 of the Marysville Municipal
Code is hereby amended to read as follows:
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19.44.080 Public notice and hearing.No action of the
hearing examiner shall be taken on any matter until after
proper notice has been given and public hearing has been
held.Proper notice of a hearing before the hearing
examiner shall be:
(a)One publication in the official newspaper of the
city of Marysville at least ten days prior to the date of
hearing;
(b)Posting of copies of the notice of hearing at
least ten days prior to the hearing in:
(1)The Marysville City Hall,
(2)The United States Post Office in the city.of
Marysville,and
(3)In a conspicuous place on the property which
is the subject matter of the application to the board.
(c)Written notice mailed to the owners or reputed
owners of all properties within three hundred feet of the
subject property,which ownership shall be deemed to be that
shown in the records of the Snohomish County assessor,and
written notice mailed to the addresses of all occupied
properties within three hundred feet of the subject
property.All notices provided for herein shall be mailed
at least fourteen days prior to the date of the proposed
hearing;
(d)The hearing examiner shall diligently observe the
foregoing requirements with respect to mailing and posting
notices,but minor inaccuracies in giving such notice shall
not invalidate the proceedings.The secretary of the
hearing examiner shall cause the notice to be mailed and the
planning director shall cause the notices to be published.
Section 57.Section 19.44.090 of the Marysville Municipal
Code is hereby amended to read as follows:
19.44.090 Reapplication.Upon final action by the
city council denying an application for a variance or
conditional use permit,no further applications for
substantially the same matter shall be accepted for a period
of one year from the date of the city council's action;
provided,that if the city council denies an application
without prejudice a reapplication may be filed at any time.
Section 58.Section 19.48.050 of the Marysville Municipal
Code is hereby amended to read as follows:
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19.48.050 Procedures for review and approval.
(a)Rezone Procedures Required.For a PRD overlay
designation to be adopted,all procedural requirements
specified in Section 19.56.050 shall be complied with in
full.
(b)Fees.In order to defer the costs of
administration,notifications,legal publications and plan
checking,applications for PRDs and approvals of preliminary
site plans shall be accompanied by a filing fee in the
amount of fifteen hundred dollars (subject to waiver in
cases of simultaneous preliminary plat applications)plus
thirty dollars for each dwelling unit in the proposed
project.At the time of submittal of the binding site plan,
an additional fee shall be paid in the amount of one
thousand dollars plus thirty dollars per lot.
(c)Variances.As part of the approval process of a
PRD,the city,acting through its hearing examiner and city
council,may grant variances to any of the development
standards of this chapter.Such variances shall only be
granted for the purpose of improving the quality of a PRD
under circumstances which are unique to the applicant's
property and not generally shared by other properties in the
vicinity.No variance shall be granted which would be
detrimental to the public health,welfare or environment,or
which would be inconsistent with the purposes of this
chapter.Each variance shall be considered on a case-by-
case basis,and shall not be construed as setting precedent
for any other project.
(d)Preliminary Site Plan.A preliminary site plan
meeting the requirements of Section 19.48.050(a)shall be
submitted with all applications for a PRD.Said site plan
shall be subject to review,modification,approval or denial
by the hearing examiner and the city council as an integral
part of the PRD process.There shall be no clearing,
grading,construction,or other development activities
commenced on an approved PRD until the preliminary site plan
is upgraded to a binding site plan,and the same is approved
by the city.
(e)Binding Site Plan.Following approval by the city
council of a PRD and preliminary site plan,but before
development activities commence on the property,the
applicant shall submit a binding site plan meeting the
requirements of Section 19.48.060(b).The city staff shall
review the binding site plan to determine whether it
conforms to the approved PRD and preliminary site plan,and
the applicable state laws and city ordinances which were in
effect at the time of the PRD approval.Upon such
conformity being found,the binding site plan shall be
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signed by the mayor,or in the mayor's discretion,referred
to the hearing examiner and city council for final
acceptance.An approved binding site plan shall constitute
an integral part of the PRD zoning overlay,and shall be
binding upon the owner of the property,its successors and
assigns.All development of a PRD shall be consistent with
the binding site plan.
(f)Simultaneous Platting--Exemption.A preliminary
plat subdividing the subject property pursuant to Title 20
shall be processed simultaneously with the PRD;provided,
that if a PRD remains completely under single ownership or
control,including ownership by a condominium association,
compliance with an approved PRD and binding site plan shall
preclude the necessity to plat the property or comply with
any subdivision laws or ordinances.
(g)Amendment to Binding Site Plan.An approved
binding site plan may be modified or amended at the request
of the property owner by administrative action of the city
planning director;provided,that if said modification or
amendment affects the external impacts of the PRD,or is
determined by the planning director to be substantial in
nature,then such modification or amendment shall be
resubmitted to the hearing examiner and the city council as
a rezone application pursuant to Section 19.56.050.
(h)Duration of Approval.A PRD and preliminary site
plan shall be effective for three years from the date of
approval by the city council.An applicant who files a
written request with the city council at least thirty days
before the expiration of said approval period shall be
granted a one-year extension upon a showing that the
applicant has attempted in good faith to progress with the
development of the PRD.During the approval period an
applicant must submit and receive approval of a binding site
plan,and all improvements required by said plan must be
completed or bonded.Bonding shall conform to the bonding
requirements for plats specified in Title 20.
(i)Completion Prior to Occupancy.All required
improvements and other conditions of the PRD and binding
site plan shall be met prior to occupancy of any dwelling
unit in the PRD;provided,that completion may be
accomplished by phases if approved by the city.
(j)Compliance.Any use of land which requires a PRD
approval,as provided in this chapter,and for which
approval is not obtained,or which fails to conform to an
approved PRD and binding site plan,constitutes a violation
of this title.
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Section 59.Section 19.48.060 of the Marysville Municipal
Code is hereby amended to read as follows:
19;48.060 Required elements of PRD site plans.All
PRDs shall be subject to site plan approval,as provided
above.The following are minimum requirements for site
plans and materials supplementing the same:
(a)Preliminary Site Plan.
(1)The title and location of the proposed PRD,
together with the names and addresses and telephone
numbers of the owners of record of the land,and if
applicable,the names,addresses and telephone numbers
of any architect,planner,designer or engineer
responsible for the preparation of the plan,and of any
authorized representative of the applicant;
(2)Where there is multiple ownership,a document
satisfactorily assuring unified control through final
approval and construction phases;
(3)Statement of intention to formally subdivide
the property,if applicable;
(4)Calculation of total land area;gross project
area;net project area;net density;
(5)The total number of proposed dwelling units
and a description of the housing type for each such
unit;
(6)Elevation drawings showing the exterior of
all proposed attached dwellings and multiple-family
dwellings;
(7)Probable building materials and treatment of
exterior surfaces on all proposed structures;
(8)Proposed methods to control storm drainage;
(9)Project staging or phases,if any;
(10)Provision for phasing out nonconforming uses;
(11)A vicinity map at a minimum scale of two
inches for each mile,showing sufficient area and
detail to clearly locate the project in relation to
arterial streets,natural features,landmarks and
municipal boundaries;
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(12)The calculation of the housing-mix ratio
within a three-hundred-foot radius of the project,as
required by Section 19.48.040;
(13)The location,identification and dimensions
of all existing property lines,streets,alleys and
easements,indicating the condition of all public
rights of way;
(14)Topography sufficient to show direction of
drainage and site-development suitability,with contour
intervals from five to twenty feet depending upon the
slope characteristics,extending not less than one
hundred fifty feet beyond the boundaries of the
project;
(15)Tentative traffic and pedestrian circulation
pattern within the development area,showing intended
right-of-way widths,and typical cross-sections of all
proposed streets and sidewalks;
(16)The location of all existing and proposed
structures,proposed lot lines and/or building pads,
and major areas intended for open space;
(17)General landscape plans showing areas to be
landscaped,proposed plant height,treatment of
existing vegetation,and maintenance provisions;
(18)The location and intended use of recreational
areas and facilities;
(19)Such additional detail as city staff
reasonably requires.
(b)Binding Site Plan.
(1)All elements of the preliminary site plan,as
approved by the city council;
(2)Original and proposed topography at maximum
five-foot contour intervals,and preservation measures
for fill and cut slopes;
(3)A site plan showing street layout and
identification,size and shape of all building sites
and lots,and location of all building pads,and open
space areas with any specific open space activity areas
indicated;
(4)The existing edge and width of pavement of
any adjacent roadways and all proposed internal
streets,off-street parking facilities,driveway
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apprQaches,curbings,sidewalks or walkways,street
channelization,and type of surfaces;
(5)Typical cross-sections of all internal
streets and sidewalks;
(6)Final landscaping plan,including plant
locations,species size at planting,together with
location and typical side view of perimeter fencing or
bermsi if any;
(7)Plans for all attached dwellings and
multiple-family dwellings,and related improvements,to
a scale of not less than one inch to fifty feet,
showing typical plot plans for each such building,
including location of building entrance,driveway,
parking,fencing and site screening,and typical
elevations of each type of building,including
identification of exterior building materials,and roof
treatment;
(8)Plans for open space improvements,if any;
(9)Plans for signing and lighting,including
typical side view of entrance treatment and entrance
signs;
(10)The location of all water mains,valves,fire
hydrants,sewer mains,laterals,manholes,pump
stations and other appurtenances;
(11)Restrictive covenants as required by Section
19.48.180,together with a statement form a private
attorney as to the adequacy of the same to fulfill the
requirements of this chapter;
(12)Detailed drainage plans,including the
location of all stormwater drainage facilities,
retention/detention ponds and oil/water separators;
(13)A statement that all development will be in
strict conformity with the approved PRD and binding
site plan,and with all applicable provisions of this
code;and that no dwelling unit shall be occupied until
all required improvements have been completed to the
satisfaction of the city;
(14)A certificate of approval prepared for the
signature of the mayor;
(15)An as-built certification prepared for the
signature of the city planning director upon
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satisfactory completion of the PRD or a designated
phase thereof.
Section 60.Section 19.55.020 is hereby amended to read as
follows:
19.54.020 Schedule of fees.The following "Schedule
of Planning,Zoning and Land Use Fees"for the permits and
applications referenced therein,as authorized by Titles 18,
19 and 20 6f the Marysville Municipal Code,is adopted:
SCHEDULE OF PLANNING,ZONING AND LAND USE FEES
Rezone
Single family &PRD
Multiple family &commercial/Ind.
Preliminary plat
Final plat
Short plat
Final short plat
Binding site plan
Annexation.including filing fee
Under 10 acres
Over 10 acres
Variance
Residential &signs
Commercial
SEPA checklist
EIS review including advertising
Shoreline permit (administrative
review only)
Shoreline permit or shoreline
conditional use permit with public
hearing
Boundary line adjustment
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$710.00
1,000.00
1,500.00 +3D/lot
500.00 +10/1ot
500.00 +SO/lot
100.00 +10/1ot
1,000.00 +3D/lot,
space or unit
250.00
500.00
300.00
500.00
100.00
1,000.00
250.00
1,000.00
75.00
Conditional use permit
ReSidential (up to 4 duplexes)
Professional Office (less than
4 dup).
Commercial (including RV park)
Administrative appeal
Revisions prior to final approval
Plats &binding site plans
Short plats
300.00
500.00
750.00 +SO/lot
50.00
300.00 +10/lot
100.00 +10/lot
Fees will be doubled for failure to comply with these
requirements prior to commencing construction or any land
use development activity for which fees are required.
Section 61.Section 19.56.010 of the Marysville Municipal
Code is hereby amended to read as follows:
19.56.010 Enforcement officer.The planning director
shall be responsible for enforcing the provisions of this
title.The planning directors and his duly authorized
assistants shall have the right to enter any building or
enter upon any land during the daytime in the course of
their duties,upon showing proper identification and upon
giving reasonable notice.
Section 62.Section 19.56.020 of the Marysville Municipal
Code is hereby amended to read as follows:
19.56.020 Records.The planning director shall
maintain in his office all building permits issued,
applications for building permits,nonconforming uses in the
city,and certificates of occupancy issued by him which
shall be open to the public for inspection.The planning
director shall keep a record of each and every identifiable
complaint of a violation of any of the provisions of this
title,the action take,consequent to any such complaint,
which records shall be open to the public for inspection.
Section 63.Section 19.56.030 of the Marysville Municipal
Code is hereby.amended to read as follows:
19.56.030 Permits issued contrary to this title.Any
such building permit,certificate of occupancy,or other
authorization issued,granted or approved in violation of
the provisions of this title,shall be null and void and of
no effect without the necessity of any proceedings for a
revocation or nullification thereof,and any work undertaken
or use established pursuant to any such building permit,
certificate of occupancy,or other authorization is
unlawful,and no action shall be taken by any officer,or
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any employee of the city purporting to validate any such
violation.
Section 64.Section 19.56.040 of the Marysville Municipal
Code is hereby amended to read as follows:
19.56.040 Code compliance reguired--Vested rights.
All proposed structures,occupancies or uses of property
shall conform to the applicable zoning restrictions and all
other provisions of the Marysville Municipal Code which are
in effect on the "date of vesting."The "date of vesting"
means the date upon which the applicant has completed all
required environmental reviews,has filed all necessary
application forms in a manner acceptable to the city
planning director,and has paid all applicable fees in full,
and has been issued either a building permit,conditional
use permit or business permit for the subject project.Any
and all development rights acquired on the date of vesting
shall continue in full force and effect for a period of one
year thereafter notwithstanding any subsequent amendments to
the Marysville Municipal Code which may impose more
restrictive or burdensome conditions for land use and
development;provided,that during such one-year period the
applicant must demonstrate substantial progress on his
project,and vested rights will be lost if the applicant
abandons the project or allows permits to lapse.
Section 65.Section 19.56.050 of the Marysville Municipal
Code is hereby amended to read as follows:
19.56.050 Amendments.
(a)Proposed amendments,supplements or modifications
of the text of this title,or the official zoning map made a
part of this title,shall first be heard by the hearing
examiner and the decision shall be made and reported by the
hearing examiner within ninety days of the time that the
proposed amendments,supplementations or modifications were
made.No action shall be final until acted upon by the city
council.The city council may affirm any decision of the
hearing examiner after considering the same at a public
meeting;or in the alternative,the city council may call a
public hearing on the proposed amendments,supplementations
or modifications at the request of any interested party or
upon their own order,and following such hearing the council
may affirm,modify or disaffirm the decision of the hearing
examiner.
(b)Proposed amendments,supplementations or
modifications may be initiated as follows:
(1)By motion of the city councilor the hearing
examiner;
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(2)Rezones may be initiated by application of
one or more owners of the subject property.The filing
fee shall be as set forth in Chapter 19.54 to cover the
costs.of processing the application and publishing and
posting the legal notices.Applications shall be on
forms prescribed by the hearing examiner,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,parking spaces,building
sizes and locations,building profiles and setbacks.
(c)Upon the initiation of the proposed amendment,
supplementation or modification,the hearing examiner shall
give proper notice and hold a public hearing at the time and
date set forth in the notice.Proper notice of a hearing
before the hearing examiner or before the city council shall
be:
(1)One publication in the official newspaper of
the.city of Marysville at least ten days prior to the
date of the hearing;
(2)Posting of copies of the notice of hearing at
least ten days prior to the hearing in:
(A)Marysville City Hall,
(B)The United States Post Office in the
city of Marysville,
(C)In the event the proposed amendment,
supplementation or modification involves a change
in the official zoning map,notices shall also be
posted in a conspicuous place on the subject
property;
(3)Written notice mailed to owners or reputed
owners of all properties within three hundred feet of
the subject property,which ownership shall be deemed
to be that shown in the records of the Snohomish County
assessor,and written notice mailed to the addresses of
all occupied properties within three hundred feet of
the subject property.All notices provided for herein
shall be mailed at least fourteen days prior to the
date of the proposed hearing.
(d)The city shall diligently observe the foregoing
requirements with respect to publication,posting and
mailing of notices,but minor inaccuracies in giving such
notice shall not invalidate the proceedings.
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Section 66.Section 19.56.060 of the Marysville Municipal
Code is hereby amended to read as follows:
19.56.060 Violations and penalties.
(a)Any person or corporation,whether owner,lessee,
principal,agent,employee or otherwise,who violates any of
the provisions of this title or permits any such violation
or fails to comply with any of the requirements thereof,or
who erects,constructs,reconstructs,alters,enlarges,
converts,moves or uses any building or uses nay land in
violation of any detailed,statement or plans submitted by
him and approved under the provisions of this title,is
guilty of a misdemeanor and upon conviction thereof,is
punishable as provided in Section 1.01.080.Each week's
continued violation constitutes a separate additional
violation.
(b)In case any building or structure is erected,
constructed,reconstructed,altered,converted or
maintained,or any building,structure or land is used in
violation of this title,the proper legal authorities of the
city of Marysville,in addition to other remedies,may
institute any appropriate action or proceedings to prevent
such unlawful erection,construction,reconstruction,
alteration,conversion,maintenance or use,to restrain,
correct or abate such violation,to prevent the occupancy of
the building,structure or land,or to prevent any illegal
act,conduct,business or use in or about such building,
structures or land.
(c)Upon the planning director's awareness of any
violation of any of the provisions of this title,the
planning director shall serve notice of such violation on
the person or corporation committing or permitting the same,
and if such violation has not ceased within such reasonable
length of time as the planning director may determine,he
will recommend such action to the council as may be
necessary to terminate the violation.
Section 67.MMC Chapters 19.52 and Section 19.08.050
relating to the board of adjustment are hereby REPEALED.
Section 68.If any provision of this ordinance or its
application to any person or circumstance is held invalid,the
remainder of the ordinance or the application of the provision to
other persons or circumstances is not affected.
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Council and APPROVED by the Mayor this
,1995.ouPASSED ~e.Ci.tyI,;)m day of A~
ATTEST:__~_
CITY CLERK
form:
By~.K-.vJ~
,CITY ATTORNEY
CITY ~YSVILLE
p/t~
MAYOR
Date of Publication:
Effective Date (5 days after publication):
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