HomeMy WebLinkAboutO-2042 - Amends Ch. 19.60, BI, GI and LI zones (Repealed by 2131)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.2042
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AN ORDINANCE OF THE CITY OF MARYSVILLE ADOPTING REGULATIONS,
PROCEDURES AND STANDARDS FOR THE BP, GI AND LI ZONES, AND
AMENDING CHAPTER 19.60 OF THE MARYSVILLE MUNICIPAL CODE.
WHEREAS,the City Council of the City of Marysville deems it
in the public interest to periodically review,update and modify
the City's zoning code so as to meet current needs;and
WHEREAS,the Marysville Planning Commission reviewed Chapter
19.60 of the Marysville Municipal Code and conducted public
hearings and has invited public comment on proposed revisions for
the update and modification of Chapter 19.60 of the Marysville
Municipal Code;and
WHEREAS,the Marysville City Council has held public
meetings to review the proposed amendments to Chapter 19.60 of
the Marysville Municipal Code;and
WHEREAS,the Marysville City Council deems it to be in the
interest of the public health,safety and welfare to adopt
revisions to Chapter 19.60 of the Marysville Municipal Code;
NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.Chapter 19.60 of the Marysville Municipal Code
is hereby amended to read as follows:
Chapter 19.60
BP,GI and LI Zones
Procedures and Standards
Sections:
19.60.010 Applicability.
19.60.020 Purpose.
19.60.030 Minimum zoning criteria.
19.60.040 Rezone and review procedures.
19.60.050 Preliminary plan.
19.60.060 Rezone and preliminary plan review.
19.60.070 Requirements for the final plan.
19.60.080 Approval of the final plan.
19.60.090 Final plan filing fee.
19.60.100 Disputes.
19.60.110 Revocation of approval.
19.60.120 Amendments to plans.
19.60.130 General performance requirements.
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19.60.140 General landscaping and open space requirements.
19.60.150 Landscaping -alternative options.
19.60.160 Table of Permitted uses
19.60.010 Applicability.This chapter regulates
development in the business park (BP),general industrial (GI)
and light industrial (LI)zones.It sets forth procedures and
standards to be followed in applying for and building in these
zones.For the purpose of administering this chapter,all land
zoned Industrial Park (IP)or Planned Industrial Park (PIP)on or
before the effective date of this ordinance,shall be reviewed as
Light Industrial (LI).
19.60 020 Purpose.
(a)The purpose of this chapter is to provide for the
location and grouping of industrial enterprises and activities
involving manufacturing,assembly,fabrication,processing,bulk
handling and storage,research facilities,warehousing and heavy
trucking.It is also a purpose of this zone to protect the
industrial land base for industrial economic development and
employment opportunities.These purposes are accomplished by:
(1)Allowing for a wide range of industrial and
manufacturing uses;
(2)Establishing appropriate development standards and
public review procedures for industrial activities with the
greatest potential for adverse impacts;and
(3)Limiting residential,service,and other non-
industrial uses to those necessary to directly support
industrial activities.
(b)Use of this zone is appropriate in industrial areas
designated by the Comprehensive Plan which are served at the time
of development by adequate public sewers,water supply,roads and
other needed public facilities and services.
19.60.030 Minimum zoning criteria.
(a)A tract of land proposed for BP zoning shall contain
sufficient area to create a contiguous tract of BP zoned land no
less than ten (10)acres in size.
(b)A tract of land proposed for GI or LI zoning shall
contain sufficient area to create a contiguous tract of GI or LI
zoned land no less than five (5)acres in size.
(c)A tract of land must be in single ownership or for
multiple parcels under unified control.This requirement shall
apply-during preliminary and final plan stages to insure
continuity of plan development.
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(d)Zoning request must be accompanied by a preliminary
development plan prepared in compliance with the regulations and
requirements of this chapter.
(e)Preliminary and final plans must comply with bulk
regulations contained in Chapter 19.20 MMC.
(f)All utility services and distribution lines shall be
located underground,and in the case of the BP zone,the property
shall be served by public water and sewer services and paved
streets.
19.60.040 Rezone and review procedures.
(a)General procedures.The BP,GI and LI zones require a
two-step approval process:
(1)The preliminary plan and rezone application are
considered together through the normal rezone process;and
(2)A final plan is reviewed administratively after the
rezone has been approved.No development permits shall be
issued until a final plan has been approved in accordance
with the provisions of this chapter.
(b)Alternative Procedure -Concurrent Rezone,and
Preliminary Binding Site Plan.Concurrent applications for
rezone,and preliminary binding site plans,may be made,provided
that all items required by MMC 19.60.050 and 19.60.060 are
submitted for the entirety of the rezone site at the time
application is made.The rezone application,and preliminary
binding site plan shall be processed as a master permit
application in accordance with the procedures set forth in MMC
19.56.050 and Chapter 20.44 MMC.
(c)City-Initiated Rezone Alternative Procedure for BP,GI
and LI.When recommended by the city comprehensive plan,the
city may initiate rezoning to BP,GI or LI as part of the
comprehensive plan implementation process.When this alternative
is exercised,the provisions of MMC 19.60.030 (a)through (d)
shall be waived.Prior to development of the site,the developer
shall submit a final development plan and fees as required by
city codes to the Planning Department for review and approval.
(d)Alternative Procedure for existing BP,GI and LI zoned
land.Prior to development of existing BP,GI or LI land,the
developer shall submit a final development plan and fees as
required by city codes to the Planning Department for review and
approval.
19.60.050 Preliminary plan.The preliminary development
plan shall contain,at a minimum,the following:
(a)Textual Material.
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(1)The name and addresses of the developer,land
surveyor,engineer,architect,planner and other
professionals involved;
(2)A description of intended type of uses and
operations including timing,management control,growth
prospects,community need,and other pertinent information;
(3)A statement and intention to formally subdivide the
property,if applicable;
(4)A description of proposed building design,
including probable exterior finish;
(5)A provision for phasing out nonconforming uses and
for removing existing structures or incorporating them into
the overall development scheme;and
(6)A statement of landscape maintenance provisions.
(b)Graphic Material.Prints of drawings,the number and
scale determined by the planning department,drawn in compliance
with the performance standards of MMC 19.60.130,showing all the
following information:
(1)A vicinity sketch locating the development;
(2)Property boundaries of the development area;
(3)Topography,sufficient to show direction of
drainage and site development suitability,with contour
intervals of 2 feet depending upon slope characteristics and
extending not less than 150 feet beyond the property
boundaries.This requirement may be waived by the planning
director if the site does not warrant such information;
(4)All existing structures and improvements within the
development area which are to remain;
(5)Existing streets bounding and/or within the
development area;
(6)Tentative traffic and pedestrian circulation
pattern within the development area,showing intended street
widths;
(7)Tentative location of building lots and/or building
areas and major areas intended for open space;
(8)Phasing plan depicting development divisions,if
applicable;and
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(9)General landscape plan showing areas to be
landscaped,proposed plant height,and treatment of existing
vegetation.
19.60.060 Rezone and preliminary plan review.
(a)The city shall review the proposal for its relationship
to public health,safety and welfare zoning criteria,including
the ability of the proposal to be compatible and blend with the
surrounding area.All locational,site and building design
features and their impacts may be considered;
(b)Reviewing departments shall have 15 days for review
unless the applicant is requested to provide greater detail on
given elements of the proposed preliminary plan.
19.60.070 Requirements for the final plan.
(a)A planned development may be finalized as a whole or in
successive divisions;
(b)The final plan for a planned development shall consist
of the following for each division:
(1)A completed application form signed by the
developer(s)of the project and by the property owner(s)if
other than the developer;
(2)Prints of drawings,the number and scale determined
by the planning director,showing all the following
information;provided the planning director may permit
postponement of detailed building design information until
application for building permits on each lot or site;
(A)Site contours at two-foot intervals,both
existing and final where different,street layout and
identification,size and shape of all building sites
and lots,location of buildings,open space area with
any specific open space activity areas indicated,
(B)Final landscape plan,including plant
locations and species,sizes at planting,together with
location and typical side or cross-section view of
perimeter fencing or berms,if any,and irrigation (if
necessary or appropriate),
(C)Plans for signing and lighting,including
typical entrance treatment and entrance signs,
(D)Plans for buildings and related improvements
to a scale of not less than one inch to 50 feet,
showing:
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(1)Typical plot plan for each type of
building,including location of building entrance,
driveway,parking,fencing and sight screening;
(2)Typical elevations (side views)of each
type of building,including identification of
exterior building materials,
(E)Typical street and walkway cross-sections,
(F)Plans for open space area improvements,if
any;
(3)Restrictive covenants as required,together with a
statement from a private attorney as to their adequacy to
fulfill the requirements of this chapter;and
(4)To insure conformity,a final binding site plan,if
required,shall be filed simultaneously with final plans.
Final plan approval shall occur only after final binding
site plan approval.
19.60.080 Approval of the final plan.The final plan or
phased divisions thereof shall be submitted to the planning
director for his/her final approval or disapproval.The director
shall submit copies of the final plan to appropriate departments
for their review and comment.Any reviewing department may
request changes,provided they are consistent with the approved
preliminary plan.Upon review and comment,the planning director
shall approve the final plan in writing when found to be in
conformance with the approved preliminary plan and this chapter.
The planning director may permit revision of the general design
elements of the preliminary plan so long as it is found that
impacts on adjoining properties area not significantly changed
and major environmental protection features of the preliminary
plan are maintained.Upon approval,the final plan shall control
all development of the property.
19.60.090 Final plan filing fee.To cover the
administrative review costs for the final plan or phased division
thereof,a filing fee shall be paid to the Planning Department as
set forth in the City's fee schedule or other applicable
resolutions or ordinances when submitting the final plan.
19.60.100 DisDutes.Where the applicant and planning
director or other departments are not able to reach agreement on
the provisions of the final plan,the dispute shall be submitted
to the hearing examiner in accordance with the procedures
established by this title for administrative appeals.
19.60.110 Revocation of approval.In the event applicable
provisions of this title have been materially violated,the
planning director may initiate proceedings before the hearing
examiner to revoke the rezone,in whole or in part.Such actions
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shall proceed as specified in MMC 19.56.050 for consideration of
a rezone application.In addition,the planning director may
seek suspension or revocation of any development permits issued
under the BP and IP zoning.
19.60.120 Amendments to plans.Plans which are approved by
the hearing examiner may,upon request of the property owners,be
amended by the planning director as an administrative act.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 below those set forth when rezoned,and
which do not increase the detrimental impact of the zone on
adjoining properties,and which do not substantially alter the
design of the official site plan.No change in points of
vehicular access to the property shall be approved without
written concurrence from the city director of public works.
Disagreements over amendments shall be appealed to the hearing
examiner.
19.60.130 General performance requirements.
zone and uses located in the BP,GI and IP zones
with the following requirements:
Each planned
shall comply
(a)Processes and equipment employed and goods processed or
sold shall be limited to those which are not objectionable beyond
the boundaries of the lot upon which the use is located by reason
of such nuisance effects including but not limited to offensive
odors,dust,smoke,gas or electronic interference.
(b)Where the proposal contains more than one phase,all
development shall occur in sequence consistent with the phasing
plan which shall be presented as an element of the preliminary
plan unless modification is approved by the planning division.
(c)Buildings shall be designed to be compatible with their
surroundings,both within and adjacent to the zone.
(d)Restrictive covenants shall be provided which shall
insure a long-term maintenance and upkeep of landscaping,storm
drainage facilities,other private property improvements,and
open space areas and facilities.Further,said covenants shall
reference the binding site development plans and indicate their
availability at the planning division,and shall provide that the
city of Marysville is an additional beneficiary with standing to
enforce,and shall preclude the avoidance of performance
obligations thorough lease agreements.
(e)Permanent off-street parking shall be in accordance with
terms of Chapter 19.36 MMC.
(f)Signs for business identification or advertising of
products shall comply with Chapter 16.16 MMC.
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(g)Noise levels generated within the development shall not
violate any city code,law or regulation relating to noise.Noise
of machines and operations shall be controlled so as to not
become objectionable due to intermittence or beat frequency or
shrillness.
(h)The retail sale of products manufactured on the BP,GI
or LI zone site shall be permitted,provided that not more than
20 percent of the constructed floor area in any such development
may be devoted to such retail use.
(i)Prior to the issuance of any building occupancy permits
in a BP,GI or LI zone the developer(s)shall either complete all
required improvements of a public nature,such as but not limited
to streets,sidewalks,storm runoff and erosion control system,
street signs and street lights,to the required specification,or
enter into an agreement with the city to construct such
development as may be approved,together with performance bond or
other suitable collateral to ensure the completion of such
improvements.Required improvements of a private nature,such as
but not limited to private roads and landscaping,shall be
constructed prior to building occupancy,bonded,or,subject to
city approval,be constructed in conformance with a performance
schedule delineated as part of the final plan which shall be tied
to the issuance of building,occupancy or other permits.All
bonded improvements shall be completed within six months of bond
issuance or be subject to bond forfeiture.Bond extensions may
be granted by the director of public works.As improvements are
completed and upon application by the developer,a partial
release of the bond or collateral may be authorized which will
leave a balance equal to the cost of completing the remaining
improvements as certified by the city.The bond or collateral
agreement shall provide for forfeiture to the city and the right
to withdraw funds upon default by the developer to construct any
or all of the public improvements in accordance with approved
specifications within the time limited for performance.The bond
may be issued for phased divisions of the development as may be
approved by the city.
(j)All outdoor lighting shall conform to the unified
architectural lighting scheme for the BP,GI or LI development
and shall not:
(1)Shine on adjacent residential properties;
(2)Conflict with the readability of traffic control
devices;or
(3)Rotate or flash.
19.60.140 General landscaping and open space requirements.
These requirements are in addition to those contained in Chapter
19.32 MMC,Landscaping and Fences.
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(a)Landscaping materials and the maintenance thereof shall
conform to and be installed in accordance with the overall site
development plan.Landscaping shall be installed prior to
building occupancy,provided that the planning department may
authorize up to a 120-day delay where planting season conflicts
would produce a high probability of plant loss.
(b)The hearing examiner or planning director may require
landscaping in combination with berms and walls for noise
screening.
(c)Where a site has substantial numbers of native trees,
site development shall be sensitive to the preservation of such
vegetation,including the root zone.
(d)Except where specifically prohibited by the hearing
examiner,the planning department,concurrently with action on
the final BP,GI or LI plan,may waive or modify landscaping
requirements abutting residential zones where abutting
residential uses will not be adversely affected,and where
existing physical improvements,physiographic features or
imminent changes in abutting land uses will render full
compliance with said requirements ineffective.If said
requirements are waived,or width of the buffer reduced,the
planning division shall establish the minimum side and rear yard
building setbacks from residentially designated property.
(e)In areas zoned BP,in addition to required landscaping,
a minimum of 10 percent of the balance of the site shall be
landscaped.Landscaping required by subsection (i)below may
serve to fulfill a portion of this requirement.
(f)Timing of Installation -Bond.All required landscaping
shall be installed prior to building occupancy,provided that the
planning department may authorize up to a 120-day delay when
planting season conflicts could produce a high probability of
plant loss.For the maintenance and/or replacement of landscaped
areas,a bond or assignment of funds to the city in a reasonable
amount and for a reasonable duration as determined by the
planning department shall be required.
(g)Buffer Types.Where the following types of buffers are
required by this chapter,the minimum standards shall be as
described below:
(1)Type I.Sight-obscuring fence.The minimum height
shall be six feet and be constructed to create a solid
sight-obscuring screen.When plantings are used in addition
to the screen,the fence shall be placed on the inward side
of the plantings;
(2)Type II ..Planted sight-obscuring screen that
functions as a visual barrier.
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(a)This type of landscaping is typically found
between residential and non-residential areas.
(b)The minimum height shall be five feet at the
time of planting and shall consist of:
(1)A mix of primarily evergreen trees and
shrubs placed to form a continuous screen;
(2)At least 70 percent evergreen trees;
(3)Evergreen trees spaced no more than 15
feet on center;
(4)Deciduous trees spaced no more than 20
feet apart;and
(5)Ground cover;
(3)Type III.Ornamental landscaping that functions as
a partial visual separator to soften the appearance of
parking areas and building elevations,but not necessarily
to obscure it.This landscaping is typically found along
street frontage.This landscaping material shall consist
of:
(a)a combination of evergreen and/or deciduous
trees;
(b)At least 70 percent deciduous trees;
(c)Trees spaced no more than 25 feet on center;
(d)Shrubs that do not exceed a height of four
feet,spaced no more than four feet apart;and
(e)Ground cover;
(h)Table 1 indicates the type of buffer required by use and
zone.Buffer type descriptions are contained in subsection (c)of
this section.
TABLE 1 BP GI LI
Abutting residentially designated 25'25' 25'
property.II +I II +I II +I
Between public right-of-way or private 10'10' 10'
access roads and building or parking III III III
areas.
Between public arterial right-of-way 30'30'30"
and building or parking areas.III III III
Outside storage or waste area.I I I
Between 1-5 or S.R.9 right-of-way and 25'II 25'II 25'II
building or parking areas.
ORDINANCE -10
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(i)Landscaping Requirements for Parking and Outdoor Display
Areas.
(1)No building permit shall be issued where
landscaping is required until a landscaping plan has been
submitted and approved by the planning department;
(2)Parking areas,buildings or outdoor display areas
fronting on a street right-of-way shall provide the required
buffer along the entire street frontage except for
driveways,provided,that the plantings shall not obstruct
the sight distance at street intersections;
(3)Additional plantings may be placed on street
rights-of-way behind the sidewalk line if the property owner
provides the city with a written release of liability for
damages which may be incurred to the planting area from any
public use or right-of-way;
(4)Ten percent of the parking area shall be landscaped
(exclusive of landscaping required by (2)above to be
located on the street frontage);provided,that:
(A) No landscaping area shall be less than 50
square feet in area,
(B) No parking stall shall be located more than 45
feet from a landscaped area.The planning division may
approve landscaping plans involving alternatives to
this specification for individual properties if it
finds the alternative would be more effective in
meeting the purposes of this section,
(C)All landscaping must be located between
parking stalls,at the end of parking columns,or
between stalls and the property line.No landscaping
which occurs between the parking lot and a building or
recreation area shall be considered in the satisfaction
of these requirements;
(5)Parking lots containing less than 20 parking spaces
need provide only perimeter screening to satisfy the 10
percent area requirements;
(6)planting areas shall include liberal landscaping
using such materials as trees,ornamental shrubs,gravel,
river rock,driftwood,rockeries,lawn or combination of
such materials;
(7)When a parking or display area abuts residentially
designated property along any interior property line,a type
I buffer,plus a minimum twenty five-foot wide type II
buffer with plantings spaced to form a solid sight-obscuring
screen within a reasonable period of time,as determined by
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the planning department,shall be installed along the
property line.This requirement shall not apply when the
abutting residentially designated property is six feet or
more above or below the elevation of the immediately
adjacent parking area;
(8)All required landscaping shall be maintained in a
healthy growing condition and free of trash and debris.
Dead or dying plantings shall be removed and replaced or
repaired;and
(9)All landscaped areas shall be protected from
vehicle damage by a six-inch protective curbing and,if
necessary,wheel blocks.
19.60.150 Landscaping -alternative options.The following
alternative landscape options may be allowed only if they
accomplish equal or better levels of screening and are subject to
City approval.
(a)When the total area for required landscaping,and that
within the dripline of retained trees exceeds 15 percent of the
area of the site,the landscaping requirement may be reduced so
that the total required landscape and tree retention area will
not exceed the 15 percent of site area.Provided that for BP
zoned land,this minimum requirement shall be 20 percent of the
site area;
(b)The width of the perimeter landscape strip may be
reduced up to 25 percent along any portion where:
(1)Berms at least 3 feet in height or architectural
barriers at least six feet in height are incorporated into
the landscape design;and
(2)The landscape materials are incorporated elsewhere
on-site;
(c)The width of the perimeter landscaping may be averaged,
provided the minimum width is not less than 5 feet.
19.60.160 Table of Permitted Uses.
Land Use BP GI LI
Accessory uses clearly incidental to a permitted use and WIll P P P
not create a nuisance or hazard.
Acetylene gas manufacture and/or storage P
Adult entertainment facility C
Agriculture P P P
Airport P P P
Alcohol &Alcoholic beverage manufacturing P P
Amusement park, zoo C P
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Land Use BP GI LI
Antique shop P
Appliance distributors for wholesale P P
Art gallery P P
Assembly of machines and appliances from previously P P P
prepared parts
Automotive &truck repair &detail P P P
Automobile commercial parking enterprise P P P
Automobile &truck assembly C
Auto towing &holding yards P P
Auto wrecking yard P C
Bakery P P P
Banks,financial institutions P P
Bedding,carpet and pillow manufacturing &cleaning P P
Blacksmith or horse shoeing shops P P
Billboards P'
Boat launch,commercial &non-commercial P C
Boat sales P P P
Building contractor P P P
Caretakers quarters P P P
Cemetery,columbarium,crematonum,mausoleum P P P
Church P P P
Club (community,country,yacht)P P
Cold storage P P
Commercial vehicle storage facility P P P
Concrete mixing and manufacture C C
Craft shop P P P
Day care center P P
Department store P
.
Distillation of alcohol P P P
Dock &boat house,private non-commercial P P P
Drug Store P P
Dry-cleaning plants P P
Dry-cleamng,pressing &dying plants operated in conjunction P P
with retail service counter;provided that not more than 2,000
sq.ft. is devoted to these processes
Dyestuff manufacture P
Electric light or power generation P C
Enameling,japanning,lacquering,or the plating of metals P P
Fabrication shop P P P
Fairgrounds P P P
'Su bject to the requirements outlined in Chapter 19.36 MMC (Sign Code).
ORDINANCE -13
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Land Use BP GI LI
Farm machinery assembly,repair and sales P P
Farm product processing p P
Feed &seed retail sales P P
Fertilizer retail/wholesale sales P P
Fish farm P P P
Flour,feed and seed processing p P
Food processing in wholesale quantities except meat, fish,P P
poultry,vinegar and yeast
Forge,foundry,blast furnace or melting of ore P
Fuel and coal yards P P P
Fuel oil &kerosene for domestic heating purposes in ground P
containers less than 750 gallons
Golf course and driving range P P P
Government structure &facilities P P P
Greenhouse,lathhouse,nurseries retail &wholesale P P P
Grocery store P
Gym P P P
Hardware store P
Home improvement center P
Junkyard C C
Kennel,commercial C P P
Laboratory P P P
Library P P P
Locksmith P P P
Lumber yard P P P
Machine shops P
Machine tool manufacture P
Manufacturing (except acid,animal blacklbone black,P P P
cellophane,cement or lime,chlorine,creosote,fertilizer,glue
or gelatin,potash,pulp &paper,rubber,soap detergent &
washing compound)
Manufacturing or acid,cellophane,cnronne,pulp &paper,C
rubber,soap,detergent &washing compound
Meat processing &packing other than slaughter P
Microwave relay station C C
Mini self storage P P P
Mobile home &travel trailer sales P C
Motels and hotels P P
Motorcycle sales and repair P P P
Motor vehicle (new or used)and equipment sales P P
Mortuary,funeral homes P P P
Museum P P P
Office,general &public P P P
ORDINANCE -14
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Land Use BP GI LI
Park,public P P P
Personal service shops P P P
Petroleum products &gas storage,bulk P P P
Petroleum products &gas storage,6,000 gaJlons or more C C
Petroleum refining P P
Photo processing shops P P P
Pottery,porcelain &vitreous china manufacture P P
Prmtmg plant P P P
Print shop P P P
Public safety facilities,including police &fire stations P
Racetrack P P
Recreational facilities P P P
Recycling facilities P P P
Restaurant P P P
Retails stores,subject to Section 19.60.130(i)P P P
Riding academy P P
Rock crushers C
Rodenticide,insecticide &pesticide mixing plants C
Sanitary landfill C C C
SawrmlJ P P P
Schools public and private C P
Second hand store P
Service station P P
Shake and shingle mill P P P
Shooting range P P
Sludge utilization or processing C C C
Small animal husbandry P P P
Stadiums,couseums,&Assembly halls C P
Stockyards or Slaughter houses P P P
Tamrery C C
Tavern P
Television/radio stations P
Tire store P P
Tool sales &rental P P
Trailer sales areas
P P
Truck termmals,repair shops,hauling &storage yards P P
Utility facilities P P P
Veterinary clinic P P P
Warehousing P P
Wholesale establishment P P P
Wood waste recycling and storage C C
Woodworking shops,millwork P P
ORDINANCE -15
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P Permitted Use
C Conditional Use
Section 2.Severability.If any section,subsection,
sentence,clause,phrase or word of this ordinance should be held
to be invalid or unconstitutional by a court of competent
jurisdiction,such invalidity or unconstitutionality thereof
shall not affect the validity or constitutionality of any other
section,subsection,sentence,clause,phrase or word of this
ordinance.
Section 3.No Special Duty Created.
a.It is the purpose of this chapter to provide for
the health,welfare and safety of the general public,and
not to create or otherwise establish or designate any
particular class or group of persons who will or should be
especially protected or benefitted by the terms of this
chapter.No provision or term used in this chapter is
intended to impose any duty whatsoever upon the City or any
of its officers,agents or employees for whom the
implementation or enforcement of this chapter shall be
discretionary and not mandatory.
b.Nothing contained in this chapter is intended to
be,nor shall be construed to create or form the basis for
any liability on the part of the City or its officer,agents
and employees for any injury or damage resulting from the
failure of any premises to abate a nuisance or to comply
with the provisions of this chapter or be a reason or a
consequence of any inspection,notice or order,in
connection with the implementation or enforcement of this
chapter,or by reason of any action of the City related in
any manner to enforcement of this chapter by its officer,
agents or employees.
PASSED by the City
day of ~
CITY OF MARYSVILLE
!l;k)Lu 4
MAYOR
CITY CLERK
ORDINANCE -16
/mv/ch19.60.ord
Approved as to form:
By ~C,tA./Ae-!
./CITY ATTORNEY
Date of Publication:
Effective Date (5 days after publication):
ORDINANCE -17
Imv/ch19.60 .ord