HomeMy WebLinkAboutO-2131 - Repeals and replaces Title 19, zoning (Repealed by 2852)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 21 :S f
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON
AMENDING THE CITY'S ZONING REGULATIONS AS CODIFIED IN TITLE
19 OF THE MARYSVILLE MUNICIPAL CODE; REPEALING CHAPTER
16.16 RELATING TO SIGN CODE; REPEALING CHAPTER 16.40
RELATING TO FACTORY-BUILT HOUSING; REPEALING CHAPTER 18.20
RELATING TO PROCEDURES AND POLICIES FOR IMPLEMENTING THE
STATE ENVIRONMENTAL POLICY ACT; REPEALING CHAPTER 18.28
RELATING TO SENSITIVE AREAS MANAGEMENT; PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Marysville has adopted a new
Comprehensive Plan in order to implement the goals and
policies of the Growth Management Act of 1990; and
WHEREAS, the Growth Management Act requires that the
City adopt development regulations, including zoning, to be
consistent with and implement the Comprehensive,Plan; and
WHEREAS, the changes to the City of Marysville Zoning
.Code contained in this ordinance are needed in order to bring
that Code into compliance with the Comprehensive Plan as
required by the Growth Management Act. As such, they bear a
substantial relationship and are necessary for the public
health, safety and general welfare of the City of Marysville
and its residents; and
WHEREAS, the City deems it necessary and appropriate to
consolidate provisions in other titles of the Marysville
Municipal Code with the Zoning Code, as such other provisions
have a direct relationship to the Zoning Code; and
WHEREAS, the City of Marysville Planning Commission,
after appropriate investigation and study, has prepared
recommended amendments to the Zoning Code, and after holding
public meeting workshops and a public hearing on March 18,
1997, has recommended the adoption of such amendments; and
WHEREAS, the City Council, having studied the proposed
Zoning Code amendments and after conducting further public
hearings, hereby adopts the following findings of fact:
1. The City of Marysville Planning Commission
conducted public meeting workshops on June 11, 1996, July 9,
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1996, July 23, 1996, August 13, 1996, September 10, 1996,
September 24, 1996, October 8, 1996, November 12, 1996,
November 26, 1996, December 10, 1996, and February 11, 1997,
and a public hearing on the proposed amendments to the Zoning
Code on March 18, 1997.
2. In accordance with RCW 43.21C and WAC 197-11, a
draft Environmental Impact Statement (EIS) on the proposed
Comprehensive Plan was prepared and issued on July 30, 1993.
3. The draft Comprehensive Plan and draft EIS were
made available to citizens and organizations and were
distributed to local jurisdictions and state agencies for the
mandatory review period.
4. After the receipt and review of public comments on
the draft EIS, a final EIS on the Comprehensive Plan was
prepared and circulated in June of 1994, and an FEIS Addendum
was issued on December 15, 1995.
5. The City issued a Determination of Nonsignificance
and adoption notice of the Comprehensive Plan FEIS, including
the 1995 Addendum. The date of issuance was February 14,
1997.
6. The draft EIS, final EIS and Addendum adequately
describe the potential environmental impacts of the adoption
and implementation of the Zoning Code amendments, including
alternatives and reasonable mitigation measures.
7. The Marysville City Council conducted public
hearings on the proposed zoning Code amendments on May 5,
1997.
8. The Zoning Code amendments, once adopted, will
accomplish the following general objectives:
a. Establish regulatory procedures and standards
for review and approval of all proposed development in
the City;
b. Foster and preserve public health, safety,
comfort and welfare, and aid in the harmonious, orderly,
aesthetically pleasing, and socially and economically
beneficial development of the City, in accordance with
the Comprehensive Plan;
c. Adopt a development review process that is
efficient in terms of time and expense: effective in
terms of addressing the natural, historic and aesthetic
/wpf/mv/zoneamd.ard 2
resources and public facility implications of any
proposed development, while also protecting and
improving the quality of life in the City; equitable in
terms of consistency with established regulations and
procedures, respect for the rights of all property
owners, and consideration of the interests of the
citizens and residents of the City;
by:
d. Implement the Comprehensive Plan of the City
i. establishing regulations and conditions
governing the erection and future use of buildings
and other structures and the uses of land planned
for the future as specified in the Comprehensive
Plan;
ii. securing safety from fire, panic and
other dangers;
iii. lessening automobile congestion of the
streets;
iv. providing for adequate light and air;
v. preventing overcrowding of land;
vi. avoiding undue congestion of population
and facilitating the adequate provision of
transportation, potable water, wastewater disposal,
schools, parks and other public requirements of the
City;
vii. dividing the City into zoning districts
defining certain terms, designating the uses and
intensities thereof that are permitted in the
different districts, and providing lot size and
other dimensional and density requirements;
viii. establishing performance standards that
apply to all new development, as well as the
redevelopment of all lands in the City;
ix. defining the functions of the Planning
Department, Hearing Examiner and City Council and
other relevant agencies with respect to the
administration and enforcement of this development
code;
/wpf/mv/zoneamd.ord 3
e. Provide consistency with the City of
Marysville's Comprehensive Plan by insuring that all
development in the City will be served by adequate
public facilities;
f. Provide for a penalty for the violation of
this development code;
g. Minimize and/or avoid public nuisances by
preventing incompatible uses from locating adjacent or
within close proximity to one another, and/or by
conditioning certain uses in particular circumstances,
thereby restricting those aspects of the uses that may
be incompatible;
h. Encourage land use decision making in
accordance with the public interest and applicable laws
of the State of Washington;
i. Promote general public safety by regulating
development of lands containing physical hazards and to
minimize the adverse environmental impacts of
development.
9. The Zoning Code amendments change the number and
types of zones in the City of Marysville. The locations and
boundaries of the zoning districts are shown on the map
entitled "Official Zoning Map, Marysville, Washington," which
is incorporated into Attachment A.
10. Provisions in other chapters of the Marysville
Municipal Code relating to signs (MMC Chapter 16.16),
factory-built housing {MMC Chapter 16.40), implementation of
the State Environmental Policy Act (MMC Chapter 18.20), and
Sensitive Areas {MMC Chapter 18.28) should be consolidated
and adopted as part of this Zoning Code.
11. The zoning Code provision previously codified in
Title 19 of the Marysville Municipal Code shall be replaced
in its entirety by the Zoning Code attached to this ordinance
as Attachment A and incorporated herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Zoning Code Amended. The City's Zoning Code
{Marysville Municipal Code Title 19) is hereby amended to
read in full as set forth in Attachment A hereto and by this
reference incorporated herein.
/wpf/mv/zoneamd.ord 4
Section 2. Zoning Map Adopted. The Zoning Map
incorporated in Attachment A is hereby adopted as the
Official Zoning Map for the City of Marysville. Said map
shall be updated and modified as a result of area-wide
rezones that will be adopted at a later date to implement the
City's Comprehensive Plan.
Section 3. Applicability of Amended zoning Code.
a. After the effective date of this ordinance,
the Zoning Code, as hereby amended, and Official Zoning
Map shall apply to all properties in the City, provided
that nothing contained herein shall be deemed to
extinguish any vested rights or require any alteration
of a nonconforming use or nonconforming structure,
except as specifically provided in the Zoning Code as
amended.
b. Pending applications for zoning
reclassifications shall use the new zone classifications
when approved.
c. Properties with vested complete permit
applications submitted prior to the effective date of
this ordinance shall be considered and approved or
disapproved pursuant to the terms of the Zoning Code in
effect at the time they became vested. In the event of
a substantial change in such application after the
effective date of this ordinance, the revised
application shall be reviewed and approved or
disapproved pursuant to the terms of the Zoning Code as
modified by this ordinance.
Section 4. Amendment. Title 19 of the Marysville
v' Municipal Code is hereby amended in its entirety to read as
set forth in Attachment A, which is incorporated herein by
this reference.
Section 5. Repealer. Chapter 16.16 (Sign Code), 18.20
(Procedures and Policies for Implementing the State
Environmental Policy Act), 18.28 (Sensitive Areas
Management), and Chapter 16.40 (Factory-Built Housing) are
hereby repealed for the reason that they are replaced by the
provisions of the amended Zoning Code as set forth in
Attachment A.
Section 6. No Special Duty Created. It is the purpose
of this ordinance 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
/wpf/mv/zoneamd.ord 5
persons who will or should be especially protected or
benefited by the terms of this ordinance. No provision or
term used in this ordinance 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
ordinance shall be discretionary and not mandatory. Nothing
contained in this ordinance is intended to be, nor shall be
construed to create or form the basis for any liability on
the party of the City or its officers, 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 ordinance or be a reason or a consequence of any
inspection, notice or order, in connection with the
implementation or enforcement of this ordinance, or by reason
of any action the City related in any manner to the
enforcement of this ordinance by its officers, agents or
employees.
Section 7. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be
invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 8. Effective Date. The ordinance or a summary
thereof shall be published in the official newspaper of the
City and shall take effect and be in full force five (5) days
after passage and publication as provided by law.
PASSED by the City Council and APPROVED by the Mayor
the City of Marysville, Washington this ~hcfl day of
~;:r;:~~~n~e_~~~~-' 1997.
CITY OF MARYSVILLE
ATTEST:
By~l-m; CLERK
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of
Approved as to form:
By /J;yy.;tl(. ( ~
CITY ATTORNEY
Date of Publication:
Effective Date (5 days after publication):
/wpf/mv/zoneamd.ord 7
CITY OF MARYSVILLE
ZONING CODE
Approved June 2, 1997
TABLE OF CONTENTS
MMC 19.02
MMC 19.04
MMC19.06
MMC19.08
MMC 19.12
MMC19.14
MMC19.16
MMC 19.18
MMC 19.20
MMC19.22
MMC 19.24
MMC 19.26
MMC19.28
MMC 19.30
MMC 19.32
MMC19.34
MMC19.36
MMC19.37
MMC19.38
Ml\'IC 19.40
MMC19.42
MMC19.44
MMC19.46
MMC 19.48
MMC19.50
MMC 19.52
MMC19.54
MMC 19.56
MMC19.58
MMC19.60
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Authority, Purpose, Interpretation & Administration
Zones, l\1aps and Designations
Technical Terms and Land Use Definitions
Permitted Uses
Density and Dimensions
Design Requirements
Landscaping
Parking and Circulation
Signs
Procedures & Policies for implementing the State Environmental Policy Act
Sensitive Areas Management
Residential Density Incentives
Grading and Erosion Control
Adequate Public Facilities and Services (Mitigation -RESERVED)
Home Occupation
Accessory Dwelling Units
Bed & Breakfasts
Freeway Service Zone
Development Standards Mobile Home Parks
Development Standards RV Parks
Development Standards Industrial and Business Parks
Nonconformance, and Temporary Uses
Special District Overlay Zones
Planned Residential Development's
Application Requirements
Review Procedures .
Decision Criteria
Amendments
Enforcement
Planning, Zoning, and Land Use Fees
2
CHAPTER 19.02 AUTHORITY,
PURPOSE, INTERPRETATION AND
ADMINISTRATION
SECTIONS:
19.02.010
19.02.020
19.02.030
19.02.040
19.02.050
19.02.060
19.02.070
19.02.080
19.02.090
19.02.100
Title
Authority to adopt code
Purpose
Conformity with this title
required
Minimum requirements
Interpretation: General
Interpretation: Standard
industrial classification
Interpretation: Zoning
maps
Administration and review
authority
Severability
19.02.010 Title. This title shall be
known as the City of Marysville Zoning
Code, hereinafter referred to as "this title".
19.02.020 Authority to adopt code. The
City of Marysville Zoning Code is adopted
by City of Marysville ordinance, pursuant to
the Washington State Constitution; and
RCW Chapter 35A.63.
19.02.030 Purpose. The general purposes
of this title are:
A To establish regulatory procedures and
standards for review and approval of all
proposed development in the City.
B. To foster and preserve public health,
safety, comfort, and welfare, and to aid in
the harmonious, orderly, aesthetically
pleasing, and socially and economically
beneficial development of the City, in
accordance with the Comprehensive Plan.
C. To adopt a development review process
that is:
1. Efficient, in terms of time and expense;
2. Effective, in terms of addressing the
natural, historic, and aesthetic resources and
public facility implications of any proposed
development, while also protecting and
improving the quality oflife in the City; and
3. E9_uitable, in terms of consistency with
estabhshed regulations and procedures,
612/97
respect for the rights of all property owners,
and consideration of the interests of the
citizens and residents of the City.
D. To implement the Comprehensive Plan of
the City by:
1. Establishing regulations and conditions
governing the erection and future use of
buildings and other structures and the uses of
land planned for the future as specified in the
Comprehensive Plan;
2. Securing safety from fire, panic, and other
dangers;
3. Lessening automobile congestion of the
streets;
4. Providing for adequate light and air;
5. Preventing overcrowding of land;
6. Avoi~i.ng _undue congestion of pop?1ation
and fac1htatmg the adequate proVIs1on of
transportation, potable water, wastewater
disposal, schools, parks, and other public
requirements of the City;
7. Dividing the City into Zoning Districts,
defining certain terms, designating the uses
and intensities thereof that are permitted in
the different districts, and providing lot size
and other dimensional and density
requirements.
8. Establishing performance standards that
apply to all new development as well as the
redevelopment of all lands in the City;
9. Defining the functions of the Planning
Department, Hearing Examiner and City
Council and other relevant agencies with
respect to the administration and
enforcement of this Development Code.
E. To be consistent with the City of
Marysville's Comprehensive Plan by
ensuring that all development in the City will
be served by adequate public facilities.
F. To provide for a penalty for the violation
of this Development Code.
G. To minimize and/or avoid public
nuisances by preventing incompatible uses
from locating adjacent or within close
proximity to one another, and/or by
conditioning certain uses in particular
circumstances, thereby restricting those
aspects of the uses that may be incompatible.
3
H. To encourage land use decision making in
accordance with the public interest and
applicable laws of the State of Washington.
I. To promote general public safety by
regulating development of lands containing
physical hazards and to minimize the adverse
environmental impacts of development.
19.02.040 Confonnity with this title
required.
A. No use or structure shall be established,
substituted, expanded, constructed, altered,
moved, maintained, or otherwise changed
except in confonnance with this title.
B. Creation of or changes to lot lines shall
conform with the use provisions, dimensional
arid other standards, and procedures of this
title.
C. All land uses and development authorized
by this title shall comply with all other
regulations and or requirements of this title
as well as any other applicable local, state or
federal law. Where a difference exists be-
tween this title and other City regulations,
the more restrictive requirements shall apply.
D. Where more than one part of this title
applies to the same aspect of a proposed use
or development, the more restrictive
requirement shall apply.
19.02.050 Minimum requirements. In
interpretation and application, the
requirements set forth in this title shall be
considered the minimum requirements
necessary to accomplish the purposes of this
title.
19.02.060 Interpretation: General.
A. In case of inconsistency or conflict,
regulations, conditions or procedural
requirements that are specific to an
individual land use shall supersede
regulations, conditions or procedural.
requirements of general application.
B. A land use includes the necessary
structures to support the use unless
specifically prohibited or the context clearly
indicates otherwise, subject to other
standards in code and any required permits
for structures.
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C. Chapter and section headings, captions,
illustrations and references to other sections
or titles are for reference or explanation only
and shall not be deemed to govern, limit,
modify, or in any manner affect the scope,
meaning, or intent of any section. In case of
any ambiguity, difference of meaning or
implication between the text and any
heading, caption or illustration, the text and
the permitted use tables in MMC 19.08 shall
control. All applicable requirements shall
govern a use whether or not they are cross-
referenced in a text section or land use table.
D. The word "shall" is mandatory and the
word "may" is discretionary.
E. Unless the context clearly indicates
otherwise, words in the present tense shall
include past and future tense, and words in
the singular shall include the plural, or vice
versa. Except for words and tenns defined in
this title, all words and terms used in this title
shall have their customary meanings.
19.02.070 Interpretation: Standard
industrial classification.
A. The Planning Director shall determine
whether a proposed land use not specifically
listed in a land use table is allowed m a zone.
The Standard Industrial Classification
Manual (SIC), 1987 edition, prepared by
United States Office of Management and
Budget, will be used as a reference guide in
the classification and/ or interpretation of a
proposed use.
B. The Planning Director's determination
shall be based on whether or not permitting
the proposed use in a particular zone is
consistent with the purposes of this title and
the zone's purpose as set forth in MMC
19.04, by considering the following factors:
I. The physical characteristics of the use and
its supporting structures, including but not
limited to scale, traffic and other impacts,
and hours of operation;
2. Whether or not the use complements or is
compatible with other uses permitted in the
zone; and
3. The SIC classification, if any, assigned to
the business or other entity that will carry on
the primary activities of the proposed use.
4
C. The decision of the Planning Director
shall be final unless the applicant or an
adverse party files an appeal to the Hearing
Examiner pursuant to MMC 19.42.090.
19.02.080 Interpretation: Zoning maps.
Where uncertainties exist as to the location
of any zone boundaries, the following rules
of inteipretation, listed in priority order, shall
apply:
A. Where district boundaries are indicated as
approximately following street lines, alley
lines, or lot lines, such lines shall be
construed to be such boundaries;
B. Where boundaries are indicated as
following approximately lot lines, the actual
lot lines shall be considered the boundaries.
In subdivided property or where a district
boundary divides a lot, the location of such
boundary, unless the same is indicated by
dimensions, shall be determined by use of the
scale appearing on the map.
C. Where boundaries are indicated as
following lines of ordinary high water, or
government meander line, the lines shall be
considered to be the actual boundaries. If
these lines should change the boundaries
shall be considered to move with them; and
D. Where any street, road or alley is
hereafter officially vacated or abandoned, the
regulations applicable to each parcel of
abutting property shall apply to that portion
of such street, road or alley added to the
property by virtue of such vacation or
abandonment;
E. All land hereafter annexed to the city shall
be zoned consistent with the comprehensive
plan designation previously assigned to the
property by the city of Marysville.
19.02.090 Administration and review
authority.
A. The Hearing Examiner shall have
authority to hold public hearings and make
decisions and recommendations on
variances, reclassification, subdivisions and
other development proposals, and appeals, as
set forth in MMC.
B. The Planning Director shall have the
authority to grant, condition or deny
applications for temporary use permits,
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conditional use permits, unless a public
hearing is required as set forth in MMC
19.52, in which case this authority shall be
exercised by the Hearing Examiner.
C. The City Building Official shall have
authority to grant, condition or deny
commercial and residential building permits,
and clearing and grading permits in
accordance with the procedures set forth in
MMC 19.52.
D. Except for other agencies with authority
to implement specific provisions of this title,
the Planning Director shall have the sole
authority to issue official interpretations of
this title.
E. The Planning Director is hereby
authorized after the date of the adoption of
this ordinance to incorporate drawings as
necessary for the puipose of illustrating
concepts and regulatory standards contained
in this title, provided that the adopted
provisions of the code shall control.
19.02.100. Severability. Should any
chapter, section, subsection, paragraph,
sentence, clause or phrase of this title be
declared unconstitutional or invalid for any
reason, such decision shall not affect the
validity of the remaining portion of this title.
5
CHAPTER 19.04 ZONES, MAPS AND
DESIGNATIONS
SECTIONS:
19.04.010
19.04.020
19.04.030
19.04.040
19.04.050
19.04.060
19.04.070
19.04.080
19.04.090
19.04.100
19.04.110
19.04.120
19.04.130
19.04.140
19.04.150
19.04.160
19.04.170
19.04.180
19.04.190
19.04.200
Intent.
Zones and map
designations established
Zoning maps and
boundaries.
Zone and map designation
purposes
(Reserved}
Rural Use zone
(Reserved)
Residential zone
Neighborhood business
zone
Community business zone
General Commercial zone
Downtown Commercial
zone
Mixed Use zone
Light Industrial zone
General Industrial zone
Business Park zone
Small Farms Overlay zone
Waterfront Overlay zone
Adult Facility Overlay zone.
Interim Zoning.
Small Farms Overlay
19.04.010 Intent. The purpose of this
chapter and chapters 19.08 -19.48 is to
establish districts wherein compatible uses of
land may be located and grouped to create,
protect or maintain a living environment for
the citizens of Marysville. Three broad
categories of uses are established, residential,
commercial and industrial, and it is the intent
of this chapter and Chapters 19.08 -19.48 to
stabilize and protect the uses contained
within these districts. An effort will be made
to exclude mutually interfering uses, and in
particular, to promote residential harmony
with surrounding areas of the community ..
However, it is recognized that certain uses,
though perhaps inherently commercial, are
better suited to industrial areas of the city.
As a result, certain additional overlay zones
may be created to allow the location of
commercial businesses in industrial zones. It
is also the purpose of the classifications in
this chapter and Chapters 19.08 -19.48 to
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make it possible to more efficiently and
economically design and install all physical
public service facilities in terms of size and
capacity to adequately and permanently meet
needs resulting from a defined intensity of
land use and to provide for the health, safety,
morals, prosperity and well-being of the
community at large.
19.04.020 Zones and map designations
established. In order to accomplish the
purposes of this title the following zoning
designations and zoning map symbols are
established:
ZONING DESIGNATIONS
MAP5YMBOL
Rural Use RU (2.3-acre)
Residential R (base
density in dwellings per acre)
Neighborhood Business NB
Community Business CB
General Commercial GC
Downtown Commercial DC
Mixed Use MU
Light Industrial LI
General Industrial GI
Business Park BP
Waterfront Overlay -WF(suffix to
zone's map symbol)
Small Farms Overlay -SF( suffix to
zone's map symbol)
Property-specific development standards
-P( suffix to zone's map symbol)
19.04.030 Zoning maps and boundaries.
The locations and boundaries of the zoning
districts shall be as shown on the map
entitled "Official Zoning Map, Marysville,
Washington." The map shall be prepared by
the Marysville planning comrmssion after
conducting hearings on zoning of the city to
implement the City's Comprehensive Plan
and this title. The official zoning map and all
the notations, references, amendments
thereto and other information shall, upon
completion, be made a part of this title, just
as if such information set forth on the map
was fully described and set out herein. The
official zoning map 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 city clerk, and shall be
available for inspection by the public.
6
19.04.040 Zone and map designation
purpose. The purpose statements fqr each
zone and map designation set forth in the
following sections shall be used to guide the
application of the zones and designations to
all lands in the City of Marysville. The
purpose statements also shall guide
interpretation and application of land use
regulations within the zones and
designations, and any changes to the range of
permitted uses within each zone through
amendments to this title.
19.04.050 (Reserved)
19.04.060 Rural use zone.
A. The purpose of the rural use zone (RU)
is to provide interim zoning control and to
minimize land use conflicts with nearby
agricultural, and higher density residential
districts. These purposes are accomplished
by:
1. Limiting residential densities and
permitted uses to those that are compatible
with rural character and nearby resource
production districts and are able to . be
adequately supported by rural service levels;
2. Allowing small scale farming and forestry
activities and tourism and recreation uses
which can be supported by rural service
levels and which are compatible with rural
character; and
3. Increasing required setbacks to minimize
conflicts with adjacent agriculture or mineral
zones.
B. This zone may also be applied to newly
annexed territory so that low intensity land
uses can be maintained until the orderly and
timely process to select the appropriate
zoning designation occurs.
19.04.070 (Reserved)
19.04.080 Residential zone.
A The purpose of the residential zone (R) is .
to implement Comprehensive Plan goals and
policies for housing quality, diversity and
affordability, and to efficiently use residential
land, public services and energy. These
purposes are accomplished by:
1. Providing, in the R-4.5, R-6.5, and R-8
zones, for a mix of predominantly single
detached dwelling units and other
6/2/97
development types, with a variety of
densities and sizes in locations appropriate
for urban densities;
2. Providing, in the R-12, R-18, and R-28
zones, for a mix of predominantly apartment
and townhome dwelling units and other
development types, with a variety of
densities and sizes in locations appropriate
for urban densities;
3. Allowing only those accessory and
complementary nonresidential uses that are
compatible with residential communities; and
4. Establishing density designations to
facilitate advanced area-wide planning for
public facilities and services, and to protect
environmentally sensitive sites from
overdevelopment.
B. Use of this zone is appropriate in
residential areas designated by the
Comprehensive Plan as follows:
1. Urban lands that are served at the time of
development, by adequate public sewers,
water supply, roads and other needed public
facilities and services; and
2. The corresponding comprehensive plan
designations are as follows:
R-4.5 =Medium Density Single Family
R-6.5 =High Density Single Family
R-8 = High Density Single Family, Small
Lot
R-12 =Low Density Multiple Family
R-18 =Medium Density Multiple Family
R-28 =High Density Multiple Family
19.04.090 Neighborhood business zone.
A. The purpose of the neighborhood.
business zone (NB) is to provide convenient
daily retail and personal services for a limited
service area and to minimize impacts of
commercial activities on nearby properties.
These purposes are accomplished by:
1. Linuting nonresidential uses to those retail
or personal services which can serve the
everyday needs of a surrounding residential
area;
2. Allowing for a mix of housing and
retail/service uses; and
3. Excluding industrial and
community/regional business-scaled uses.
B. Use of this zone is appropriate in neigh-
borhood centers designated by the
Comprehensive Plan which are served at the
7
time of development by adequate public
sewers, water supply, roads and other
needed public facilities and services.
19.04.100 Community business zone.
A. The purpose of the community business
zone (CB) is to provide convenience and
comparison retail and personal services for
local service areas which exceed the daily
convenience needs of adjacent
neighborhoods but which cannot be served
conveniently by larger activity centers, and
to provide retail and personal services in
locations within activity centers that are not
appropriate for extensive outdoor storage or
auto related and industrial uses. These pur-
poses are accomplished by:
1. Providing for limited small-scale offices as
well as a wider range of the retail,
professional, governmental and personal
services than are found in neighborhood
business areas;
2. Allowing for a mix of housing and
retail/service uses; and
3. Excluding commercial uses with extensive
outdoor storage or fabrication and industrial
uses.
B. Use of this zone is appropriate in
community commercial areas that are
designated by the Comprehensive Plan and
are served at the time of development by
adequate public sewers, water supply, roads
and other needed public facilities and
services.
19.04.110 General Commercial zone.
A. The purpose of the general commercial
zone (GC) is to provide for the broadest mix
of . commercial, wholesale, service and
r~reation/cultural uses with compatible
storage and .fabrication uses, serving regional
market areas and offering significant employ-,
ment. These purposes are accomplished by:
1. Encouraging compact development that is
supportive of transit and pedestrian travel,
through higher nonresidential building
heights and floor area ratios than those found .
in CB zoned areas;
2. Allowing for outdoor sales and storage,
regional shopping areas and limited
fabrication uses; and
3. Concentrating large scale commercial and
office uses to facilitate the efficient provision
of public facilities and services.
612191
B. Use ofthis zone is appropriate in general
commercial areas that are designated by the
Comprehensive Plan that are served at the
time of development by adequate public
sewers, water sul?ply, roads and other
needed public facilities and services.
19.04.120 Downtown Commercial zone.
A The purpose of the downtown
commercial zone (DC) is to provide for the
broadest mix of comparison retail, service
and recreation/cultural uses with higher
density residential uses, serving regional
market areas and offering significant employ-
ment. These purposes are accomplished by:
l. Encouraging compact development that is
supportive of transit and pedestrian travel,
through higher . nonresidential building
heights and floor area ratios than those found
in GC zoned areas;
2. Allowing for regional shopping areas, and ·
limited fabrication uses; and
3. Concentrating large scale commercial and
office uses to facilitate the efficient provision
of public facilities and services. .
Use of this zone is appropriate in downtown
commercial areas that are designated by the
Comprehensive Plan that are served at the
time of development by adequate public
sewers, water supply, roads and other
needed public facilities and services.
19.04.130 Mixed Use zone.
A The purpose of the mixed use zone (MU)
is to provide for pedestrian . and transit-
oriented high-density employment uses
together with limited complementary retail
and higher density residential development in
locations within activity centers where the ·
full range of commercial activities is not
desirable. These purposes are accomplished
by:
1. Allowing for uses that will take advantage
of pedestrian-oriented site and street
improvement standards;
2. Providing for higher building heights and
floor area ratios than those found in the CB
zone;
3. Reducing the ratio of required parking to
building floor area;
4. Allowing for on-site convenient daily retail
and personal services for employees and
residences; and
5. Minimizing auto-oriented, outdoor or
other retail sales and services which do not
8
provide for the daily convenience needs of
on-site and nearby employees or residents.
B. Use of this zone is appropriate in areas
designated by the Comprehensive Plan for
Mixed Use, or Mixed Use Overlay, which
are served at the time of development by
adequate public sewers, water supply, roads
and other needed public facilities and
services.
19.04.140 Light Industrial zone.
A The purpose of the light industrial zone
(LI) is to provide for the location and
grouping of non-nuisance generating
industrial enterprises and activities involving
manufacturing, assembly, fabrication,
processing, bulk handling and storage,
research facilities, warehousing and limited
retail uses. 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, institutional, service,
office and other non-industrial uses to those
necessary to directly support industrial
activities.
B. Use of this zone is appropriate in light
industrial areas designated by the
Comprehensive Plan which are served at the
time of development by adequate public
sewers, water sui;>ply, roads and other
needed public facilities and services.
19.04.150 General Industrial zone.
A The purpose of the general industrial zone
(GI) 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 and equipment but also for
commercial uses having special impacts and
regulated by other chapters of this title. It is
also a purpose of this zone to rrotect the
industrial land base for industria economic
development and employment opportunities.
These purposes are accomplished by:
6/2/97
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, institutional, service,
office and other non-industrial uses to those
necessary to directly support industrial
activities.
B. Use of this zone is appropriate in general
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.
19.04.160 Business Park zone.
A The purpose of the business park zone
(BP) is to provide for those .
business/industrial uses of a professional
office, wholesale, and manufacturing nature
which are capable of being constmcted,
maintained and operated in a manner
uniquely designed to be compatible with
adjoining residential, retail commercial or
other less intensive land uses, existing or
planned. Strict zoning controls must be
applied in conjunction with private covenants
and unified control of land; many business/
industrial uses otherwise provided for in the
development. code will not be suited to the
BP zone due to an inability to comply with
its provisions and achieve compatibility with
surrounding uses.
B. Use of this zone is appropriate in business
park 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.
19.04.170 Small Farms Overlay zone.
A The purpose of the small farms overlay
zone (-SF suffix to zone's map symbol) is to
provide a process for registering small farms,
thereby applying the small farm overlaying
zone and recording official recognition of the
existence of the small farm, and to provide
encouragement, for the preservation of such
farms, as well as encouraging good neighbor
relations between single family and adjacent
development.
9
B. Use of this zone is appropriate for
existing and newly designated small farms.
19.04.180 Waterfront Overlay . zone
(Reserved).
19.04.190 Adult Facility Overlay zone
The purpose of establishing the adult
facilities overlay zone is to permit the
location of adult facilities in an area of the
city which will reduce the secondary effects
of such an establishment on the community.
The performance criteria included in this
zone are intended to control external as well
as internal impacts of the development and
bulk and special limitations in other chapters
of. the zoning code are superseded by the
provisions of this chapter. It is the further
purpose of this zone to prevent the location
of adult facilities throughout the city by
consolidating them in one area. Because of
the unique character of this zone, and its
potential to disrupt preexisting residential
and commercial development in the
community, the city will only consider
classifying property in this zone if such
property is designated on the comprehensive
plan as general industrial and is suitable for
adult facilities.
19.04.200 Interim Zoning. The purpose of
this section is to provide for the retainment
of the City's current single family zoning
districts until such time that the City
conducts and area-wide rezone to implement
the Comprehensive Plan.
,/\. This section authorizes the City of
Marysville to continue utilization of
development standards, use classifications,
and bulk and dimensional standards
applicable to the following single family
residential zoning classifications:
RS-7,200
RS,9,600
RS-12,500
B, All property which is zoned in one of
the above single family classifications shall
continue to utilize the existing zoning code
development standards, permitted use
classifications, and bulk and dimensional
standards until such time that either a
6/2197
property specific rezone or an area-wide
rezone has been granted to the new zoning
classification established by this title, and
which implements the City's Comprehensive
Plan. (see Appendix A)
10
CHAPTER 19.06 TECHNICAL TERMS 19.06.115 Conditional use.
AND LAND USE DEFINITIONS 19.06.118 Conditional use permit.
19.06.120 (Reserved)
SECTIONS: 19.06.123 Critical habitat or critical
wildlife habitat.
19.06.001 Scope of Chapter. 19.06.125 Daycare.
19.06.003 Accessory use, 19.06.128 Deciduous.
commercial/industrial. 19.06.130 Department.
19.06.006 Accessory use, residentiaL 19.06.133 Detached building.
19.06.009 (Reserved) 19.06.135 Development.
19.06.012 Adult facility or facilities. 19.06.138 Dock.
19.06.015 Adult cabaret. 19.06.140 Drop box facility.
19.06.018 Adult drive-in theater. 19.06.143 Dwelling unit.
19.06.020 Adult motion picture theater. 19.06.145 Dwelling unit, accessory.
19.06.023 Adult pauoram establishment 19.06.148 Dwelling unit, multiple
or adult panoram. family.
19.06.025 (Reserved) 19.06.150 Dwelling unit, senior citizen
19.06.028 Agricultural crop sales. assisted.
19.06.030 Alley. 19.06.153 Dwelling unit, single-family
19.06.033 Anadromous fish. detached.
19.06.035 Animal, small. 19.06.155 Dwelling unit, townhome •.
19.06.038 Applicant. 19.06.158 Dwelling, two-family.
19.06.040 Automobile holding yard. 19.06.160 Earth station.
19.06.043 Automobile sales lot. 19.06.163 Elderly.
19.06.045 Automobile wrecking yard 19.06.165 Energy resource recovery
19.06.048 Base elevation. facility.
19.06.050 Bed and breakfast 19.06.168 Environmentally sensitive
guesthouse. areas.
19.06.053 Bed and breakfast inn. 19.06.170 (Reserved)
19.06.055 (Reserved) 19.06.173 Equipment, heavy.
19.06.058 Boathouse. 19.06.175 Erosion.
19.06.060 Body shampoo parlor. 19.06.178 Erosion hazard areas.
19.06.063 Building. 19.06.180 Evergreen.
19.06.065 Building appurtenance. 19.06.183 Existing and ongoing
19.06.068 Building area. agricultural activities.
19.06.070 Building envelope. 19.06.185 Exotic species.
19.06.073 Building height. 19.06.188 Factory-built commercial
19.06.075 Building line. building (Modular).
19.06.078 Building Official. 19.06.190 Factory-built housing
19.06.080 Bulk retail. (Modular).
19.06.083 Carport. 19.06.193 Family.
19.06.085 Certificate of occupancy. 19.06.195 Farm product processing.
19.06.088 City. 19.06.198 Federal manual, or federal
19.06.090 City standards. methodology.
19.06.093 Clearing. 19.06.200 Fence.
19.06.095 Clinic. 19.06.203 (Reserved)
19.06.098 Club. 19.06.205 Fill.
19.06.100 Cogeneration. 19.06.208 Final site plan.
19.06.103 Commercial use. 19.06.210 Fish report.
19.06.105 Commercial vehicle. 19.06.213 Floor area.
19.06.108 Communication facility, 19.06.215 Forest product sales.
major. 19.06.218 Forest research.
19.06.110 Communication facility, 19.06.220 Garage, commercial.
minor. 19.06.223 Garage sale.
19.06.113 Comprehensive plan. 19.06.225 Gasoline service station.
612/'J'l 11
19.06.228 General business service. 19.06.353 Nonhydro-electric generation
19.06.230 Geologic hazard areas. facility.
19.06.233 Geologic hazard area maps. 19.06.355 Off-street parking.
19.06.235 Golf facility. 19.06.358 . Open space.
19.06.238 Grading. 19.06.360 Open space, public.
19.06.240 Gross project area. 19.06.363 Open-work fence.
19.06.243 Groundcover. 19.06.365 Ordinary high water mark.
19.06.245 Group care facility. 19.06.368 Outdoor performance center.
19.06.248 Habitat management. 19.06.370 Panhandle lot.
19.0().250 Habitat map. 19.06.373 Parcel.
19.06.253 Hearing Eu.miner. 19.06.375 Park.
19.06.255 Home occupation. 19.06.378 Party of record.
19.06.258 Home, rest, convalescent, for 19.06.380 Permitted use.
the aged. 19.06.383 Planning Director.
19.06.260 Hospital. 19.06.385 Priority species, or priority
19.06.263 Hotel; wildlife species.
19.06.265 (Reserved) 19.06.388 Primary use.
19.06.268 Impervious surface. 19.06.390 Private stormwater
19.06.270 hnprovement. management facility.
19.06.273 Interim recycling facility. 19.06.393 Professional office.
19.06.275 Jail. 19.06.395 Public agency.
19.06.278 Kennel, commercial. 19.06.398 Public agency office •.
19.06.280 Kennel, hobby. 19.06.400 Public agency training
19.06.283 Kennel, exhibitor/breeding. facility.
19.06.285 Landfill. 19.06.403 Public agency yard.
19.06.288 Landslide. 19.06.405 Public improvements.
19.06.290 Landslide hazard areas. 19.06.408 Qualified consultant, fish and
19.06.293 Lot. l!'ildlife.
19.06.295 Lot area. 19.06.410 Qualified consultant, geologic
19.06.298 Lot, corner. hazard areas.
19.06.300 Lot depth. 19.06.413 Qualified consultant,
19.06.303 Lot, interior. wetlands.
19.06.305 Lot line. 19.06.415 Recreational vehicle ("RV").
19.06.308 Lot line, rear. 19.06.418 Recreational vehicle site.
19.06.310 Lot, through. 19.06.420 Recreational vehicle park.
19.06.313 Lot width. 19.06.423 (Reserved)
19.06.315 Marina. 19.06.425 Regional storm water
19.06.318 Material Error. management facility.
19.06.320 Mobile/manufactured home. 19.06.428 Riding academy.
19.()6.323 Mobile/manufactured home 19.06.430 School bus base.
lot. 19.06.433 School, commercial.
19.06.325 Mobile/manufactured home 19.06.435 School district support
park. facility.
19.06.328 Motel. 19.06.438 School, elementary, junior or
19.06.330 Motor vehicle, and boat senior high, including public,
dealer. private and parochial.
19.06.333 Native fish. 19.06.440 Secondary habitat or
19.06.335 Native vegetation. secondary wildlife habitat.
19.06.338 Naturalized species. 19.06.443 Seismic hazard area.
19.06.340 Net density. 19.06.445 Self-service storage facility.
19.06.343 Net project area. 19.06.448 Setback (yard requirements).
19.06.345 Nonconformance. 19.06.450 Shooting range.
19.06.348 Nonconforming lot. 19.06.453 Significant tree.
19.06.350 (Reserved) 19.06.455 Slope.
612197 12
19.06.458
19.06.460
19.06.463
19.06.465
19.06.468
19.06.470
19.06.473
19.06.475
19.06.478
19.06.480
19.06.483
19.06.485
19.06.488
19.06.490
19.06.493
19.06.495
19.06.498
19.06.500
19.06.503
19.06.505
19.06.508
19.06.510
19.06.513
19.06.515
19.06.518
19.06.520
19.06.523
19.06.525
19.06.528
19.06.530
19.06.533
19.06.535
19.06.538
19.06.540
19.06.543
19.06.545
19.06.548
19.06.550
19.06.553
19.06.555
19.06.558
19.06.560
19.06.563
19.06.565
19.06.568
19.06.570
19.06.573
19.06.575
19.06.578
6/2/97
Soil recycling/incineration
facility.
Specified anatomical areas.
Specified sexual activities.
Sports club.
Stable.
Streams.
Street.
Structural alterations.
Structure.
(Reserved)
Substantial improvement.
Substrate.
Swale.
Taxi stands.
Temporary use permit.
Tertiary habitat.
Top of the bank.
Tract.
Transfer station.
Transit bus base.
Transit park and ride lot
Transitional housing ·
facilities.
Use.
Utility facility.
Variance.
Veterinary clinic.
Warehousing and wholesale
trade.
Wastewater treatment
facility.
Wetland or wetlands.
Wetland area maps.
Wetland, artificially created.
Wetland buffer area.
Wetland class.
Wetland creation.
Wetland delineation.
Wetland determination.
Wetland enhancement.
Wetland, in-kind mitigation.
Wetland, low impact use.
Wetland mitigation.
Wetland, out-of-kind
mitigation.
Wetland, regulated activity.
Wetland restoration.
Wetland, structural diversity.
Wildlife habitat.
Wildlife habitat
enhancement.
Wildlife report.
Wildlife shelter.
Yard.
19.06.580
19.06.583
19.06.585
19.06.588
19.06.590
Yard, front.
Yard, rear.
Yard, side.
Yard waste processing
facility.
Zoning Ordinance
Sign Code Definitions.
19.06.593
19.06.595
19.06.598
19.06.600
19.06.603
19.06.605
19.06.608
19.06.610
19.06.613
19.06.615
19.06.618
19.06.620
19.06.623
19.06.625
19.06.628
19.06.630
19.06.633
19.06.635
19.06.638
19.06.640
19.06.643
19.06.645
19.06.648
19.06.650
19.06.653
19.06.655
19.06.658
19.06.660
19.06.663
19.06.665
Abandoned sign.
Awning sign.
Billboard.
(Reserved)
Comprehensive design plan.
Clearance of a sign.
Directional sign.
Electrical sign.
Facade.
Flashing sign.
Freestanding sign.
Ground sign.
Incidental sign.
Indirect lighting.
Marquee.
Monument sign.
Multiple-occupancy complex.
Off-premises sign.
Pole sign.
Political sign.
Portable sign.
Projecting sign.
Readerboard.
Real estate sign.
Roof sign.
Sign.
Sign area.
Sign height
Temporary or special event
sign;
Wall sign.
SECTIONS:
19.06.001 Scope of Chapter. This Chapter
contains definitions of technical and
procedural terms used throughout the code
as well as definitions of land use shown in
MMC 19.08, Permitted Uses. See MMC
19. 02, Authority, Purpose, Interpretation
and Administration, for rules on
interpretation of the code, including use of
these definitions. Development standards are
found in MMC 19.12 through MMC 19.38.
13
19.06.003 Accessory use,
commercial/industrial. Accessory use,
commercial/industrial:
A. A use that is subordinate and incidental
to a commercial or industrial use; including,
but not limited to the following uses:
L Administrative offices;
2. Employee exercise facilities;
3. Employee food service facilities;
4. Incidental storage of raw materials and
finished products sold or manufactured on-
site; ·
5. Business owner or caretaker residence;
6. Cogeneration facilities; and
7. Ground maintenance facilities.
B. Some accessory uses within the scope of
this section may be defined separately to
enable the code to apply different conditions
of approval.
19.06.006 Accessory use, residential
Accessory use, residential:
A A use, structure, or activity which is
subordinate and incidental to a residence
including, but not limited to the following
uses:
l. Accessory living quarters and dwellings;
2. Fallout/bomb shelters;
3 . Keeping household pets;
4. On-site rental office;
5. Pools, private docks, piers;
6. Antennae for private telecommunication
services;
7. Storage of yard maintenance equipment;
or
8. Storage of private vehicles, e.g. motor
vehicles, boats, trailers or planes.
B. Some accessory uses within the scope of
this section may be defined separately to
enable the code to apply different conditions
of approval.
19.06.009 (Reserved)
19.06.012 Adult facility or facilities.
Means and includes an adult cabaret, adult
drive-in theater, adult motion picture theater,
adult panoram establishment, or body
shampoo parlor.
19.06.015 Adult cabaret. Is a commercial
establishment which presents go-go dancers,
strippers, male or female impersonators, or
similar entertainers and in which the patrons
612197
are exposed to "specified sexual activities"
or "specified anatomical areas."
19.06.018 Adult drive-in theaters. Is a
drive-in theater used for presenting motion
picture films, video cassettes, cable
television, or any other such visual media,
distinguished or characterized by an
emphasis on matter depicting, describing or
relating to "specified sexual activities" or
"specified anatomical areas."
19.06.020 Adult motion picture theater.
Is an enclosed building used for presenting
for commercial purposes motion picture
films, video cassettes, cable television, or any
other such visual media, distinguished or
characterized by an emphasis on matter
depicting, describing or relating to "specified
sexual activities" or "specified anatomical
areas" for observation by patrons therein.
19.06.023 Adult panoram establishment
or adult panoram. Means a business in a
building . or portion of a building which
contains device(s) which for payment of a
fee, membership fee or other charge, is used
to exhibit or display a picture, view, or other
graphic display distinguished or
characterized by an emphasis on matter
depicting, describing or relating to "specified
sexual activities" or "specified anatomical
areas."
19.06.025 (Reserved)
19.06.028 Agricultural crop sales. The
retail sale of fresh fruits, vegetables and
flowers produced on-site. This use is
frequently found in roadside stands or U-
pick establishments.
19.06.030 Alley. An improved
thoroughfare or right-of-way, whether public
or private, usually narrower than a street,
that provides vehicular access to an interior
boundary of one or more lots, and is not
designed for general traffic circulation.
19.06.033 Anadromous fish. Fish that
ascend to rivers from the sea for breeding,
including salmons and trout.
19.06.035 Animal, small. Any animal
other than livestock or animals considered to
14
be predatory or wild which are kept outside
a dwelling unit all or part of the time.
Animals considered predatory or wild shall
be considered small animals when they are
taken into captivity for the purposes of
breeding, domestication, training, hunting or
exhibition.
19.06.038 Applicant. A property owner
or any person, party, firm, partnership,
corporation or entity acting as an agent for
the property owner in an application for a
development proposal, permit or approval.
19.06.040 Automobile holding yard. A
lot, parcel or part thereof used for the
storage of motor vehicles.
19.06.043 Automobile sales lot. Any
place outside a building where two or more
automobiles are offered for sale or are
displayed.
19.06.045 Automobile wrecking yard.
A lot, land or structure, or part thereof, used
for the collecting, dismantling, storage,
salvaging or sale of parts of machinery or
vehicles not in running condition.
19.06.048 Base elevation. The average
elevation of the approved topography of a
parcel at the midpoint on each of the four
sides of the smallest rectangle which will
enclose the proposed structure, excluding all
eaves and decks. The approved topography
of a parcel is the natural topography of a
parcel or the topographic conditions
approved by the city prior to August 10,
1969, or as apl?roved by a subdivision, short
subdivision, binding site plan, Shoreline
Substantial Development Permit, filling and
grading permit or SEP A environmental
review issued after August 10, 1969. An
approved benchmark will establish the
relative elevation of the four points used to
establish the base elevation.
19.06.050 Bed and breakfast
guesthouse. A facility in which one kitchen,
a shared dining area, and not more than a
total of three guest rooms are available
within a single-family residence and/or one
outbuilding, providing short-term lodging for
paying guests.
612197
19.06.053 Bed and breakfast inn. A
facility in which one kitchen, a shared dining
area, and not more than a total of six guest
rooms are available within a single-family
residence and/or one outbuilding, providing
short-term lodging for paying guests.
19.06.055 (Reserved)
19.06.058 Boathouse. A structure
specifically designed or used for storage of
boats.
19.06.060 Body shampoo parlor. Means
any place open to the public where an
attendant is present and a patron's body is
washed or shampooed. A body shampoo
parlor shall not include any barber or beauty
salon, medical facility or nursing home
facility where a customer or patient may be
washed, shaved and/or shampooed.
19.06.063 Building. Any structure
having a roof, but excluding all forms of
vehicles even though immobilized. When a
use is required to be within a building, or
where special authority granted pursuant to
this title requires that a use shall be within an
entirely enclosed building, then "building"
means one so designed and constructed that
all exterior walls of the structure shall be
solid from the ground to the roof line, and
shall contain no openings except for
windows and doors which are designed so
that they may be closed.
19.06.065 Building appurtenance.
Chimneys, steeples, television and radio
antennas, ham radio antennas, flagpoles and
vent pipes in any zone, and mechanical
systems on structures in zones other than
single-family zones.
19.06.068 Building area. The total
ground coverage of a building or structure
which provides shelter measured from the
outside of its external walls ·or supporting
members.
19.06.070 Building envelope. The area
of a lot within which a structure may be
placed and that is defined by minimum
setbacks.
15
19.06.073 Building height. The vertical
distance from the base elevation of a building
to the highest point of the roof, exclusive of
building appurtenances.
.19.06.075 Building line. The line of that
face, comer, roof or part of a building
nearest the property line.
19.06.078 Building official. The
supervisor of the building division, or his or
her designee.
19.06.080 Bulk retail. An establishment
offering the sale of bulk goods to the general
public, including limited sales to wholesale
customers. These establishments may
include a variety of lines of merchandise such
as: food, building, hardware and garden
materials, dry goods, apparel and
accessories, home furnishings, housewares,
drugs, auto supplies, hobby, toys, games,
photographic, and electronics.
19.06.083 Carport. A structure to house
or protect motor vehicles owned or operated
by the occupants of the main building, and
which has at least 40 percent of the total area
of its sides open to the weather.
19.06.085 Certificate of occupancy. A
permit to occupy a premises issued by the
building official after inspection has verified
compliance with the requirements and
provisions of this title and applicable building
codes.
19.06.088 City. For the purpose of the
title, "city" shall be the city of Marysville.
19.06.090 City standards. The engi-
neering design and development standards as
published by the Department of Public
Works.
19.06.093 Clearing. The removal of
timber, brush, grass, ground cover or other.
vegetative matter from a site which exposes
the earth's surface of the site.
19.06.095 Clinic. A building designed
and used for the medical, dental or surgical
diagnosis or treatment of patients under the
care of doctors and/or nurses.
612197
19.06.098 Club. An incorporated or
unincorporated association of persons
organized for a social, fraternal, athletic,
educational, literary or charitable purpose.
Property predominantly occupied by a club is
semiprivate in character and shall be subject
to the regulations governing public buildings
and places, excluding groups organized
primarily to render a service which is
normally considered a business.
19.06.100 Cogeneration. The sequential
generation of energy and useful heat from
the same primary source or fuel for
industrial, commercial, or residential heating
or cooling purposes.
19.06.103 Commercial use. An activity
with goods, merchandise or services for sale
or involving a rental fee, including any
garage sale which fails to comply with one or
more of the conditions specified in the
definition thereof contained in this chapter.
19.06.105 Commercial vehicle. A motor
vehicle used for purposes other than a family
car, such as a taxi, delivery or service
vehicle.
19.06.108 Communication facility,
Major. A communication facility for
transmission and reception of UHF and VHF
television signals or FM or AM radio signals
to a region area for the benefit of many.
19.06.110 Communication facility,
Minor. A communication facility for
transmission and reception of:
A. Ham radio stations;
B. Signals through FM translators or
boosters;
C. Cellular radio signals;
19.06.113 Comprehensive plan. A
document or series of documents adopted by
city council that sets forth broad guidelines
and policies for the development of the city.
19.06.115 Conditional use. A use
permitted in one or more zones as defined by
this title but which, because of characteristics
peculiar to such use, or because of size,
technological processes or equipment, or
because of the exact location with reference
to surroundings, streets, . and existing
16
improvements or demands upon public
facilities, requires a special degree of control
to make such uses consistent with and
compatible to other existing or permissible
uses in the same zone or zones. A
conditional use is a form of special
exception.
19.06.118 Conditional use permit. A
permit granted by the City to locate a
permitted use on a particular property
subject to conditions placed on the permitted
use to ensure compatibility with nearby land
uses.
19.06.120 (Reserved)
19.06.123 Critical habitat or critical
wildlife habitat. Habitat areas associated
with threatened, endangered, sensitive, or
priority species of plants, fish, or wildlife and
which, if altered, could reduce the likelihood
that the species will maintain and reproduce
over the long term. Areas are documented
with reference to lists, categories and
definitions of species promulgated by the
Washington Department of Wildlife (Non-
Game Data System Special Animal Species)
as identified in WAC 232-12-011 or 232-12-
014 and in the Priority Habitat Species lists
compiled in compliance with WAC 365-190-
080; or by rules and regulations adopted
currently or hereafter by the U.S. Fish and
Wildlife Service, copies of which are
available at the planning department. Critical
habitat also includes the following types of
areas:
( 1) Regionally rare native fish and wildlife
habitat (i.e., one of five or fewer examples of
the habitat type within the city of
Marysville).
(2) Fish and wildlife areas with irreplaceable
ecological functions, including the following:
(a) Estuarine marshes meeting any of the
following criteria:
(i) The area is listed as a National Wildlife
Refuge, National Park, National Estuary
Reserve, Natural Area Preserve or any
preserve or reserve designated under WAC
332-30-151,
(ii) The total area is five acres or greater and
contains at least two estuarine wetland
habitat classes, or
(iii) The total area is less than five acres and
meets four of the following conditions:
6/2/97
(A) Area is greater than one acre,
(B) Contains at least two estuarine wetland .
classes,
(C) Shows minimum evidence of human-
caused physical alteration, such as diking,
filling, cultivating, etc.,
(D) Contains a functional tidal channel(s) or
is connected to a tidal stream,
(E) Within a watershed that has few to
moderate point or nonpoint water quality
problems cited by the Department of
Ecology, or
(F) Land adjacent to more than 75 percent of
the area's border is agricultural or relatively
undisturbed forest;
(b) Eelgrass and kelp beds (floating or
nonfloating) with greater than 50 percent .
macroalga! cover during August or
September;
(c) Category l wetlands as defined in MMC
19.24.100;
(d) Documented commercial and recreational
shellfish beds managed by the Washington
Department ofFisheries;
(e) State Nature Area Preserves or Natural
Resource Conservation Areas identified by
state law and managed by the Department of
Natural Resources;
(f) Documented habitat or presence of
threatened and endangered species;
(g) Documented habitat of regional or
national significance for migrating birds;
(h) Naturally occurring ponds stocked with
native game fish by government or tribal
entities, and naturally occurring ponds
greater than one acre and less than 20 acres
in area, not more than 50 percent of which is
covered by emergent aquatic vegetation,
shrubs or trees, and whose maximum depth
does not exceed 6.6 feet.
19.06.125 Daycare. An establishment for
group care of non-resident adult or children.
A. Daycare shall include, but not be limited
to, Child Day Care Services, Adult Daycare
Centers and the following:
l. Adult Daycare, such as adult day health
centers or social day care as defined by the
Washington State Department of Social and
Health Services;
2. Nursery schools for children under
minimum age for education in public schools;
3. Privately conducted kindergartens or
prekindergartens when not a part of a public
or parochial school; and
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4. Programs covering after-school care for
school children.
B. Daycare establishments are subclassified
as follows:
I. Daycare I -a maximum of 12 adults or
children in any 24 hour period; and
2. Daycare II --over 12 adults or children in
any 24 hour period.
19.06.128 Dedduous. A plant species
with foliage that is shed annually.
19.06.130 De~artment. The city of
Marysville planning and building department.
19.06.133 Detached building. A building
surrounded on all sides by open space.
19.06.135 Development. Any manmade
change to improved or unimproved real
estate, including but not limited to buildings
or other structures, mining, dredging, filling,
grading, paving, excavation or drilling
operations.
19.06.138 Dock. A basin for moorage of
boats, including a basin formed between the
extension of two piers or the area between a .
bank or quay and a pier. Docking facilities
may include wharves, moorage or docks or
any place or structure connected with the
shore or upon shorelands provided for the
securing of a boat or vessel.
19.06.140 Drop box facility. A facility
used for receiving solid waste and recyclable
from off-site sources into detachable solid
waste containers, including the adjacent
areas necessary for entrance and exit roads,
unloading and vehicle turnaround areas.
Drop box facilities normally service the
general public with loose loads and may also
include containers for separated recyclable.
19.06.143 Dwelling unit. One or more
rooms designed for occupancy by a person
or family for living and sleeping purposes,
containing kitchen facilities and rooms with
internal accessibility, for use solely by the
dwelling's occupant; including but not limited
to bachelor, efficiency and studio
apartments, factory-built housing and mobile
homes.
612197
19.06.145 Dwelling unit, accessory. A
separate, complete dwelling unit attached,
detached, or contained within the structure
of the primary dwelling.
19.06.148 Dwelling unit, multifamily. A
building containing three or more dwelling
units. The term includes triplexes,
fourplexes, apartments, condominiums and
the like. It does not include boardinghouses,
motels or hotels.
19.06.150 Dwelling unit, senior citizen
assisted. A building containing two or more
dwelling units restricted to occupancy by
senior citizens, and including, but not limited
to the following support services, as deemed
necessary:
A Food preparation and dining areas;
B. Group activity areas;
C. Medical supervision; and
D. Similar activities.
19.06.153 Dwelling unit, single-family
detached. A detached building designed for
and occupied exclusively by one family and
the household employees of that family.
19.06.155 Dwelling unit, single-family
attached. A building containing not more
than one dwelling unit attached at the side or
sides in a series of two or more. principal
buildings each containing not more than one
dwelling unit. Each building containing one
dwelling unit shall be structurally
independent of adjacent buildings except that
the joints must be covered. Each dwelling
shall have at least two private entrances with
direct access to ground level. Each dwelling
shall have a separate lot, or be so located on
land in the same ownership that individual
lots meeting the minimum dimensional
requirements of this title could be provided.
The term "attached dwelling" is intended to
apply to townhouses, rowhouses, patio or
atrium houses, or any form of single-family
dwelling units which conform to this
definition.
19.06.158 Dwelling unit, two-family
(Duplex). A building designed to house two
families living independently of each other
and having a common yard.
18
19.06.160 Earth station. A
communication facility which transmits
and/or receives signals to and from an
orbiting satellite using satellite dish antennas.
19.06.163 Elderly. A person 62 years of
age or older.
19.06.165 Energy resource recovery
facility. An establishment for recovery of
energy in a usable form from mass burning or
refuse-derived fuel incineration, pyrolysis or
any other means of using the heat of
combustion of solid waste.
19.06.168 Environmentally Sensitive
Areas. Those areas regulated by Chapter
19.24 MMC, and their buffers.
19.06.170 (Reserved)
19.06.173 Equipment, heavy. High-
capacity mechanical devices for moving earth
or other materials, and mobile power units
including, but not limited to:
A Carryalls; ·
B. Graders;
C. Loading and unloading devices;
D. Cranes;
E. Drag lines;
F. Trench diggers;
G. Tractors;
H Augers;
I. Bulldozers;
J. Concrete mixers and conveyers;
K. Harvesters;
L. Combines; or
M. Other major agricultural equipment and
similar devices operated by mechanical
power as distinguished from manpower.
19.06.175 Erosion. The wearing away of
the earth's surface as a result of the
movement of wind, rain, water and other
natural agents mobilize and transport soil
particles.
19.06.178 Erosion hazard areas. Lands
or areas that, based on a combination of
slope inclination and the characteristics of
the underlying soils, are susceptible to
varying degrees of risk of erosion. Erosion
hazard areas are classified as low hazard,
moderate hazard and high hazard, based on
the following criteria:
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(a) Low Hazard. Areas sloping less than 15
percent.
(b) Moderate Hazard. Areas sloping between
15 and 40 percent and underlain by soils that
consist predominantly of silt, clay, bedrock
or glacial till.
(c) High Hazard. Areas sloping between 15
and 40 percent that are underlain by soils
consisting largely of sand and gravel, and all
areas sloping more steeply than 40 percent.
19.06.180 Evergreen. A plant species
with foliage that persists and remains green
year round.
19.06.183 ·Existing and ongoing
agricultural activities. Includes those
activities involved in the production of crops
and livestock, including but not limited to
operation and maintenance of farm and stock
ponds or drainage and irrigation systems,
changes between agricultural activities and
uses, and normal operation, maintenance,
repair, or reconstruction of existing
serviceable structures, facilities or improved
areas. Activities which bring an area into
agricultural use are not part of an ongoing
activity. An operation ceases to be ongoing
when the area on which it was conducted is
proposed for conversion to a nonagricultural
use or has lain idle for a period of longer
than five years, unless the idle land is
registered in a federal or state soils
conservation prowam. Forest practices are
not included in this definition.
19.06.185 Exotic species. Any species of
plant or animal that is not indigenous to the
area.
19.06.188 Factory-built commercial
building (Modular). Any structure that is
either entirely or substantially prefabricated
or assembled at a place other than a building
site; and designed or used for non-residential
human occupancy. Such structures meet all
requirements of the Uniform Building Code.
Once erected at the site, they are not mobile
and are not considered to be
mobile/manufactured homes.
19.06.190 Factory-built housing
(Modular). A structure constructed and
partially assembled in a factory and
transported to the building site for final
19
'.,-;
erection. Such structures meet all
requirements of the Uniform Building Code.
Once erected at the site, they are not mobile
and are not considered to be
mobile/manufactured homes.
19.06.193 Family. An individual; two or
more persons related by blood or marriage;
six or less unrelated persons, six or less
related or unrelated persons, up to eight
persons consisting of one or two adults and
up to six persons under the age of eighteen
that may or may not be related; or a group
living arrangement where eight or fewer
residents receive supportive services such as
counseling, foster care, or medical
supervision at the dwelling unit by resident
or non-resident staff. For purposes of this
definition, minors living with parent or legal
guardian shall not be counted as part of the
maximum number of residents.
19.06.195 Farm product processing.
The processing and packaging of seasonally
grown agricultural products or the cutting of
flesh of domestic farm animals for individual
customers, but shall not include their
conversion to manufactured products.
19.06.198 Federal manual, or federal
methodology. The methodology for
identifying wetlands in the field as described
in the Corps of Engineers Wetlands
Delineation Manual (January, 1987).
19.06.200 Fence. A barrier for the
purpose of enclosing space or separating
lots, composed of masonry or concrete
walls, or posts connected by boards, rails,
panels, wire or mesh.
19.06.203 (Reserved)
19.06.205 Fill. The act of placing (by any
manner or mechanism) fill material, to, or on
any soil surface, sediment surface, or other
fill material.
19.06.208 Final site plan. A drawing to
scale, showing uses and structures proposed
for a parcel of land as required by the
regulations of this title, and approved by the
city, which shall constitute an integral part of
the approval process.
612197
19.06.210 Fish report. A report,
prepared by a qualified consultant, that
evaluates fish and aquatic animal
communities and fish functions and values on
a site, consistent with the format and
requirements established by this chapter.
19.06.213 Floor area. The sum of the
gross horizontal areas of the floors of a
building or buildings, measured from the
exterior faces of exterior walls and from the
centerline of division walls. Floor area
includes: Basement space, elevator shafts
and stahwells at each floor, mechanical
equipment rooms or attic spaces with
headroom of seven feet six inches or more,
penthouse floors, interior balconies and
mezzanines, enclosed porches. Floor area
shall not include: Accessory water tanks and
cooling towers, mechanical equipment or
attic spaces with headroom of less than
seven feet six inches, exterior steps or stairs,
terraces, breezeways and open spaces.
19.06.215 Forest product sales. The sale
of goods produced, extracted, · consumed,
gathered or harvested from a forest
including, but not limited to:
A Trees;
B. Wood chips;
C. Logs;
D. Fuelwood;
E. Cones;
F. Christmas trees;
G. Berries;
H. Herbs; or
I. Mushrooms.
19.06.218 Forest research. The
performance of scientific studies relating to
botany, hydrology, silviculture, biology and
other branches of science in relation to
management of forest lands, including but
not limited to Commercial Physical and
Biological Research, Noncommercial
Research Organizations, and Testing
Laboratories.
19.06.220 Garage, commercial. A
building or portion thereof designed and
used for the storage, repair or servicing of
motor vehicles or boats as a business.
20
19.06.223
household
thereof
Garage sale. The sale of used
personal items by the owner
19.06.225 Gasoline service station. Any
area of land, including the structures thereon,
that is used for the sale of gasoline or other
motor fuels, oils, lubricants and auto
accessories and which may or may not
include washing, lubricating and other minor
servicing but not painting operation.
19.06.228 General business service.
General business service: An establishment
engaged in providing services to businesses
or individuals, with no outdoor storage or
fabrication, including but not limited to the
following uses:
A. Depository Institutions;
B. Nondepository Credit Institutions;
C. Security and Commodity Brokers,
Dealers, Exchanges, and Services;
D. Insurance Carriers;
E. Real Estate;
F. Holding and Other Investment Offices;
G. Miscellaneous Personal Services, not
elsewhere classified;
H. Business Services and general office
uses;
I. Outdoor Advertising Services; and
J. Membership Organizations, including
administrative offices of organized religions,
but excluding churches and places of
worship.
19.06.230 Geologic hazard areas.
Lands or areas characterized by geologic,
hydrologic and topographic conditions that
render them susceptible to potentially
significant or severe risk of landslides,
erosion, or seismic activity.
19.06.233 Geologic hazard area maps.
The Geologic Hazard Area Maps prepared
for Snohomish County Tomorrow, July,
1991, and associated reports. The maps are
adopted by the city of Marysville alid.
indicate the potential presence of geologic
hazards.
19.06.235 Golf facility. A recreational
facility, under public or private ownership,
designed and developed for uses including,
but not limited to:
A A golf course;
6/2/97
B. A driving range;
C. Miniature golf;
D. Pro shops;
E. Caddyshack buildings;
F. Restaurants;
G. Office and meeting rooms; and
H. Related storage facilities.
19.06.238 Grading. Any excavating,
filling, clearing, leveling, or contouring of the
ground surface by human or mechanical
means.
19.06.240 Gross project area. The total
project site.
19.06.243 Groundcover. Living plants
designed to grow low to the ground
(generally one foot or less) and intended to
stabilize soils and protect against erosion. ·
19.06.245 Group care facility. A facility
or dwelling unit licensed by the state to
provide, on a 24-hour basis, training,
therapy, counseling, care, custody,
correction or control, or any combination of
those functions to six or fewer persons who
may be children, the aged, disabled,
underprivileged, indigent, handicapped,
neglected or abused, or other special class of
persons, either by a governmental unit or
agency or by a person or organization
devoted to such functions. The term shall not
include schools, hospitals, prisons or work
release facilities.
19.06.248 Habitat management.
Management of land to maintain species in
suitable habitats within their natural
geographic distribution so that isolated
subpopulations are not created. This does
not imply maintaining all habitat or
individuals of all species in all cases.
19.06.250 Habitat map. The Fish and
Wildlife Conservation Areas Maps prepared
for Snohomish County Tomorrow, July,
1991, and associated reports. The maps are
adopted by the city of Marysville and
indicate the potential presence of wildlife
species.
19.06.253 Hearing examiner. The land
use hearing examiner for the city,
21
19.06.255 Home occupation. Any
activity carried out for gain by a resident and
conducted as a customary, incidental, and
accessory use in the resident's dwelling unit.
19.06.258 Home, rest, convalescent, for
the aged. A home operated similarly to a
boardinghouse but not restricted to any
number of guests or guest rooms, and in
which nursing, dietary and other personal
services are furnished to convalescents,
invalids and aged persons, but in which
homes are kept no persons suffering from an
acute mental sickness, or from a contagious
or communicable disease, and in which
homes are performed no surgery or other
primary treatments such as are customarily
provided in hospitals, and in which no
persons are kept or served who normally
would be admitted to a mental hospital.
19.06.260 Hospital An establishment
which provides accommodations, facilities
and services over a continuous period of 24
hours or more, for observation, diagnosis
and care, of two or more individuals, not
related by blood or marriage to the operator,
who are suffering from illness, injury,
deformity or abnormality, or from any
condition requiring obstetrical, medical or
surgical services.
19.06.263 Hotel Any building or portion
thereof containing five or more rooms that
are rented, or hired out to be occupied or
which are occupied for sleeping purposes for
compensation, whether the compensation is
paid directly or indirectly. A central kitchen
and dining room and accessory shops and
services catering to the general public can be
provided. Not included are institutions
housing persons under legal restraint or
requiring medical attention or care.
19.06.265 (Reserved)
19.06.268 Impervious surface. Any non-
vertical surface ·artificially covered or
hardened so as to prevent or impede the
percolation of water into the soil mantle
including, but not limited to, roof tops,
swimming pools, paved or graveled roads or
parking areas and excluding landscaping and
surface water retention/detention facilities.
6/2/97
19.06.270 Improvement. Any structure
or construction including, but not limited to,
buildings, roads, storm drainage systems,
sanitary sewage facilities, water mains,
pedestrian and landscaping improvements.
19.06.273 Interim recycling facility. A
site or establishment engaged in collection or
treatment of recyclable materials, which is
not the final disposal site, and including:
A. Drop boxes;
B. Source-separated, organic waste
processing facilities; and
C. Collection, separation and shipment of
glass, metal, paper or other recyclables to
others who will re-use them or use them to
manufacture new products.
19.06.275 Jail. A facility operated by a
governmental agency; designed, staffed and
used for the incarceration of persons for the
purposes of punishment, correction and
rehabilitation following conviction of an
offense.
19.06.278 Kennel, commercial. Any lot
or unit of adjoining lots in the city on which
a total of more than four dogs and/or cats, or
a combination of the same, over three
months of age are kept and/or maintained for
board, propagation, training or treatment.
Such kennel must be established on a
minimum of five acres; provided, that the
term "commercial kennel" shall not apply to
legally established commercial enterprises
which operate exclusively as veterinary
hospitals or clinics, pet stores or grooming
parlors.
19.06.280 Kennel, hobby. Any lot or
unit of adjoining lots in the city on which a
total of more than four dogs and/or cats, or a
combination of the same, over three months
of age are kept; provided, that such animals
must be owned by the occupants of the
property and must be kept primarily for the
use and enjoyment of said occupants,
including not limited to, the raising of the
animals for show purposes.
19.06.283 Kennel, exhibitor/breeding.
A place at or adjoining a private residence
where three, but not more than 20 adult
dogs, cats, or combination thereof, owned by
persons residing on said property, are kept
22
for the primary purpose of participating in
dog shows or other organized competitions
or exhibitions.
19.06.285 Landfill. A Disposal facility or
part of a facility at which solid waste is
placed in or on land.
19.06.288 Landslide. Episodic
downslope movement of a mass of soil or
rock and includes snow avalanches.
19.06.290 Landslide hazard areas.
Areas that, due to a combination of slope
inclination and relative soil permeability, are
susceptible to varying degrees of risk of
landsliding. Landslide hazard areas are
classified as Classes I-IV based on the
degree of risk as follows:
(1) Low Hazard. Areas with slopes of less
than 15 percent.
(2) Moderate Hazard. Areas with slopes of
between 15 and 40 percent and that are
underlain by soils that consist largely of sand,
gravel, bedrock or glacial till.
(3) High Hazard. Areas with slopes between
15 percent and 40 percent that are underlain
by soils consisting largely of silt and clay,
and all areas sloping more steeply than 40
percent.
(4) Very High Hazard. Areas with slopes
over 40 percent and areas of known
mappable landslide deposits.
19.06.293 Lot. A physically separate and
distinct parcel of property, which has been
created pursuant to the City of Marysville
Interim Subdivision Code or otherwise
legally established.
19.06.295 Lot area. The total horizontal
area within the boundary lines of a lot,
excluding any access easements or
panhandles. For purposes of this definition, a
"panhandle" means a narrow strip of land ·
designed for access purposes which does
not, itself, meet the full frontage or width
requirements of a lot. ·
19.06.298 Lot, corner. A lot at the
junction of and fronting on two or more
intersecting streets.
6/2/97
19.06.300 Lot depth. The average
distance measured from the front lot line to
the rear lot line.
19.06.303 Lot. interior. A lot fronting on
one street.
19.06.305 Lot Line. A line of record that
divides a lot from another lot or from a
public or private street or alley.
19.06.308 Lot line, rear. The lot line
opposite and most distance from the front lot
line. In the case of triangular or other
irregularly shaped lots, it means a line 20 feet
in length within the lot, parallel to and at the
maximum distance from the front lot line.
19.06.310 Lot, through. A lot fronting
on two streets that do not intersect on the
parcel's lot Jines.
19.06.313 Lot width. The dimension of
the lot line at the street, or in an irregularly
shaped lot the horizontal distance between
the side lot lines measured at right angles to
the lot depth at a point midway between the
front and rear lot lines.
19.06.315 Marina. An establishment
providing docking, moorage space and
related activities limited to the provisioning
or minor repair of pleasure boats and yachts;
and personal services including, but not
limited to:
A Showers;
B. Toilets; and
C. Self-service laundries.
19.06.318 Material Error. Substantive
information upon which a permit decision is
based that is submitted in error or is omitted
at the time of permit application.
19.06.320 Mobile/manufactured home.
A factory-constructed residential unit on one
or more chassis for towing to the point of
use and designed to be used with a
permanent foundation as a single-family
dwelling unit on a year-round basis. A
commercial coach, recreational vehicle, and
motor home shall not be considered a
mobile/manufactured home.
23
19.06.323 Mobile/manufactured home
lot. A plot of ground within a
mobile/manufactured home park designated
to accommodate one mobile/manufactured
home.
19.06.325 Mobile/manufactured home
park. A tract of land under single
ownership or control, including ownership
by a condominium association, upon which
two or more mobile/manufactured homes
occupied as dwellings may be located.
19.06.328 Motel. A building or buildings,
detached or in connected units or designed
as a single structure, the units of which are
used as individual sleeping or dwelling units,
having their own private toilet facilities and
may or may not have their own kitchen
facilities, and are designed primarily for the
accommodation of transient automobile
travelers. Accommodations for trailers are
not included. This term includes tourist
court, motor lodge, auto court, cabin court,
motor inn and similar names.
19.06.330 Motor vehicle, and boat
dealer. An establishment engaged in the
retail sale of new and/or used automobiles,
motor homes, motorcycles, trailers, and
boats.
19.06.333 Native fish. Fish existing on a
site or fish species that are indigenous to the
area in question.
19.06.335 Native vegetation. Vegetation
existing on a site or plant species that are
indigenous to the area in question.
19.06.338 Naturalized species. Non-
native species of vegetation that are
adaptable to the climatic conditions of the
coastal region of the Pacific Northwest.
19.06.340 Net density. The net project
area divided by the number of dwelling units ..
19.06.343 Net project area. The gross
project area minus floodplains, utility
easements 30 feet wide or greater, publicly
owned community facility land and right-of-
way, stormwater detention facility tracts or
easements, private roads or access
easements, panhandles, and 7 5 percent of all
6/2/97
Category I & II wetlands, Critical habitat,
Class I & II streams, and High & very high
geologic hazard and seismic hazard areas.
19.06.345 Nonconformance. Any use,
improvement or structure which lawfully
occupied a building or land on or before
April 25, 1972 and was established in
conformance with City of Marysville or
County rules and regulations in effect at the
time of establishment, that no longer
conforms to the range of uses permitted in
the site's current zone or to the current
development standards of the code due to
changes in the code or its application to the
subject property.
19.06.348 Nonconforming Lot. A legally
established lot, tract or parcel, the area
dimensions or location of which met the
applicable Zoning Code requirements in
effect at the time the lot, tract, or parcel was
created, but which fails by reason of such
adoption, revision, or amendment of the
Zoning Code to conform to the present
requirements of the zone in . which it is
located.
19.06.350 .(Reserved)
19.06.353 Nonhydro-electric generation
facility. An establishment for the generation
of electricity by nuclear reaction, burning
fossil fuels, or other electricity generation
methods.
19.06.355 Off-street parking. Parking
facilities for motor vehicles on other than a
public street or alley.
19.06.358 Open space. Any parcel or
area of land or water set aside, dedicated,
designated, or reserved for public or private
use or enjoyment.
19.06.360 Open space, public. An area
dedicated in fee to the city, and operated and
maintained by it. Public open space is
designed primarily for the use of residents of
a particular development, but cannot be
reserved for their exclusive use due to the
public ownership.
19.06.363 Open-work fence. A fence in
which the solid portions are evenly dis-
24
tributed and constitute no more than fifty
( 50) percent of the total surface area.
19.06.365 Ordinary high water mark.
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.
19.06.368 Outdoor performance center.
An establishment for the performing arts
with open-air seating for audiences. Such
establishments may include related services
such as food and beverage sales and other
concessions.
19.06.370 Panhandle lot. A lot where
the front and rear lot Jines confonn to zoning
code requirements for lot dimensions and lot
sizes except for the panhandle. The
panhandle is a narrow strip of land which
does not, itself, meet the full frontalie or
width requirements of a lot and will be
utilized principally for access purposes from
an improved public right-of-way.
19.06.373 Parcel. See definition for lot.
19.06.375 Park. A site designed or
developed for recreational use by the public
including, but not limited to:
A Indoor facilities, such as:
1. Gymnasiums
2. Swimming pools; or
3. Activity centers; and
B. Outdoor facilities, such as:
I. Playfields;
2. Fishing areas; or
3. Picnic and related outdoor activity areas;
and
C. Areas and trails for:
1. Hikers;
2. Equestrians;
3. Bicyclists; or
4. Off-road recreational vehicle users.
612197
19.06.378 Party of record ("POR"). A
person who has submitted written comments,
testified, asked to be notified or is the
sponsor of a petition entered as part of the
official City record on a specific
development proposal.
19.06.380 Permitted use. Any use
authorized or permitted alone or in
conjunction with another use in a specified
district and subject to the limitations ofthe
regulations of such use district.
19.06.383 Planning Director. The
manager of the City of Marysville's Planning
and Building Department or his or her
designee.
19.06.385 Priority species, or priority
wildlife species. Wildlife species of concern
due to their population status and sensitivity
to habitat alteration as identified by the
Washington Department ofWildlife.
19.06.388 Primary use. The principal or
predominant use to which the property is or
may be devoted, and to which all other uses
on the premises are accessory.
19.06.390 Private stormwater
management facility. A surface water
control structure installed by a project
proponent to retain, detain or otherwise limit
runoff from an individual or group of
developed sites specifically served by such
structure and is privately owned.
19.06.393 Professional office. An office
used as a place of business by licensed
professionals, or persons in other generally
recognized professions, which use training or
knowledge of a technical, scientific or other
academic discipline as opposed to manual
skills, and which does not involve outside
storage or fabrication, or on-site sale or
transfer of commodities; including the
following
A Insurance Agents, Brokers and Service;
B. Real Estate Agents and Planning
Directors;
C. Income Tax Return Preparation
Services;
D. Legal Services;
25
E. Engineering, Architectural and
Surveying Services;
F. Accounting, Auditing and Bookkeeping
Services; and
G. Management and Public Relations
Services.
19.06.395 Public agency. Any agency,
political subdivision or unit of local govern-
ment of this state including, but not limited
to, municipal corporations, special purpose
districts and local service districts, any
agency of the State of Washington, the
United States or any state thereof or any
Indian tribe recognized as such by the federal
government.
19.06.398 Public agency office. An
office for the administration of any
governmental activity or program, with no
outdoor storage and including, but not
limited to the following uses:
A Executive, Legislative, and General
Government;
B. Public Finance, Taxation, and Monetary
Policy;
C. Administration of Human Resource
Programs;
D. Administration of Environmental Quality
and Housing Program;
E. Administration of Economic Programs;
F. International Affairs;
G. Legal Counsel and Prosecution; and
H. Public Order and Safety.
19.06.400 Public agency training
facility. An establishment or school for
training state and local law enforcement, fire
saf~, national guard or transit personnel
and facilities including but not limited to:
A Dining and overnight accommodations;
B. Classrooms;
C. Shooting ranges;
D. Auto test tracks; and
E. Fire suppression simulations.
19.06.403 Public agency yard. A facility
for open or enclosed storage, repair, and
maintenance of vehicles, equipment, or
related materials, excluding document
storage.
19.06.405 Public Improvements. Public
improvements include but are not limited to
streets, roads, storm drainage systems,
612197
sanitary sewage facilities, water mains,
pedestrian and landscaping improvements
which comply with adopted city standards
and are dedicated to the city for public use.
19.06.408 Qualified consultant, fish and
wildlife. A qualified fish and wildlife
consultant means a professionally trained or
certified wildlife or aquatic biologist, or
ecologist or other professional with expertise
in the scientific disciplines necessary to
identify, evaluate and manage habitat.
19.06.410 Qualified consultant, geologic
hazard areas. A qualified geologic hazard
areas consultant means a geotechnical/civil
engineer licensed to practice in the state of
Washington with at least four years of
professional employment with experience in
landslide evaluation. When the context so
indicates, qualified consultant shall also mean
a geologist, i.e., a person who has earned a
degree in geology from an accredited college
or university, or a person who has equivalent
educational training and has experience as a
practicing geologist.
19.06.413 Qualified consultant,
wetlands. A qualified wetlands consultant
means a professionally trained or certified
wetlands biologist or wetlands ecologist.
19.06.415 Recreational vehicle ("RV").
A vehicle or portable structure built on a
chassis and designed to be used for
temporary occupancy or travel, recreational
or vacation use. Said vehicles contain
plumbing, heating and electrical systems
which are operated without connection to ·
outside utilities. Recreational vehicles shall
include, but are not limited to, campers,
motor homes and travel trailers; tents are
ex.eluded.
19.06.418 Recreational vehicle site. A
plot of ground within a recreational vehicle
park intended for accommodation of a
recreational vehicle on a temporary basis.
19.06.420 Recreational vehicle park. A
tract of land under single ownership or
control or upon which two or more
recreational vehicle sites are located,
established or maintained for occupancy by
26
the general public as temporary Jiving
quarters for recreation or vacation purposes.
19.06.423 (Reserved)
19.06.425 Regional stormwater
management facility. A surface water
control structure installed in or adjacent to a
stream or wetland of a basin or sub-basin by
the City's Public Works Department or a
project proponent.
19.06.428 Riding academy. Any
establishment where horses are kept for
riding, driving or stabling for compensation
or as an accessory use in the operation of a
club, association, ranch or similar
establishment.
19.06.430 School bus base. An
establishment for the storage, dispatch,
repair and maintenance of coaches and other
vehicles of a school transit system.
19.06.433 School, commercial. A
building where instruction is given to pupils
in arts, crafts or trades, and operated as a
commercial enterprise as distinguished from
schools endowed and/or supported by
taxation.
19.06.435 School district support
facility. Uses (excluding schools and bus
bases) that are required for the operation of a
school district. This term includes school
district administrative offices, centralized
kitchens, and maintenance or storage
facilities.
19.06.438 School, elementary, junior or
senior high, including public, private and
parochial. An institution of learning which
offers instruction in the several branches of .
learning and study required to be taught in
the public schools by the Washington State
Board ofEducation.
19.06.440 Secondary habitat or
secondary wildlife habitat. Areas with one
or more of the following attributes:
comparatively high wildlife or fish density;
high wildlife or fish species richness;
significant wildlife or fish breeding habitat;
significant wildlife or fish seasonal ran~es;
significant movement corridors; limlted
6/2/97
availability; high vulnerability. Secondary
habitat may offer less diversity of animal and
plant species than critical habitat, but is
important for performing the essential
functions of habitat.
19.06.443 Seismic hazard areas. Areas
that, due to a combination of soil and
groundwater conditions, are subject to
severe risk of ground shaking, subsidence or
liquefaction of soils during earthquakes.
These areas are typically underlain by soft or
loose saturated soils (such as alluvium), have
a shallow ground water table and are
typically located on the floors of river
valleys. Seismic hazard areas are classified as
follows:
(1) Low Hazard. Areas underlain by dense
soils or bedrock.
(2) High Hazard. Areas underlain by soft or
loose saturated soils.
19.06.445 Self-service storage facility.
An establishment containing separate storage
spaces that are leased or rented as individual
units.
19.06.448 Setback (yard requirements).
A line establishing the minimum distance a
building may be located from any property
line, improvements, rights-of-way, easement,
drainage way, steep slope or other
boundaries or potential hazards that is
required to remain free of structures.
19.06.450 Shooting range. A facility
designed to provide a confined space for safe
target practice with firearms, archery
equipment, or other weapons.
19.06.453 Significant tree. An existing
healthy tree which, when measured four feet
above grade, has a minimum diameter of:
A. Eight inches for evergreen trees, or
B. Twelve inches for deciduous trees.
19.06.455 Slope. An inclined earth
surface, the inclination of which is expressed
as the ratio of horizontal distance to vertical
distance.
19.06.458 Soil recycling/incineration
facility. An establishment engaged in the
collection, storage and treatment of
27
contaminated soils to remove and reuse
organic contaminants.
19.06.460 Specified anatomical areas.
Means less than completely and/or opaquely
covered human genitals, pubic region,
buttock, or female breast below a point
immediately above the top of the areola, and
human male genitals in a discernibly turgid
state, even if completely or opaquely
covered.
19.06.463 Specified sexual activities.
Means acts of human masturbation, sexual
intercourse or sodomy; fondling or other
erotic touching of human genitals, pubic
region, buttock, or female breast; and human
genitals in a state of sexual stimulation or
arousal.
19.06.465 Sports club. An establishment
engaged in operating physical fitness
facilities and sports and recreation clubs.
19.06.468 Stable. Stable: a structure or
facility in which horses or other livestock are
kept for:
A Boarding;
B. Training;
C. Riding lessons;
D. Breeding;
E. Rental; or
F. Personal use.
19.06.470 Streams. Those areas where
surface waters flow sufficiently to produce a
defined channel or bed. A defined channel or
bed is an area which demonstrates clear
evidence of the passage of water and
includes but is not limited to bedrock
channels, gravel beds, sand and silt beds and
defined-channel swales. The channel or bed
need not contain water year-round. This
definition is not meant to include irrigation
ditches, canals, storm or surface water runoff
devices or other entirely artificial
watercourses unless they are used by.
anadromous fish or used to convey streams
naturally occurring prior to construction.
Streams are further categorized as follows:
Class I stream -streams inventoried as
"Shorelines of the State" under the city's
Shoreline Master Program, pursuant to
Chapter 90.58 RCW.
6/2/97
Class II stream -streams smaller than Class I
streams that flow year around during years
of normal rainfall or those that are used by
anadromous fish.
Class ill stream -means streams that are
intermittent or ephemeral during years of
normal rainfall and are not used by
anadromous fish.
Class IV stream -means streams that are
naturally occurring, intermittent swales.
19.06.473 Street. A public thoroughfare
which affords the principal means of access
to abutting properties.
19.06.475 Structural alterations. Any
change in load or stress of the loaded or
stressed members of a building or structure.
19.06.478 Structure. A combination of
materials constructed and erected
permanently on the ground or attached to
something having a permanent location on
the ground. Not included are residential
fences less than six feet in height, retaining
walls, rockeries and similar improvements of
a minor character less than three feet in
height.
19.06.480 (Reserved)
19.06.483 Substantial improvement.
Any repair, reconstruction, structural
modification, addition or improvement of a
structure, the cost of which equals or
exceeds 50 percent of the market value of
the structure either:
(i) Before the improvement or repair is
started; or
(ii) If the structure has been damaged and is
being restored, before the damage occurred.
For the purposes of this definition
"substantial improvement" is considered to
occur when the first alteration of any wall,
ceiling, floor, or other structural part of the
building commences, whether or not that
alteration affects the external dimensions of
the structure.
(b) The term does not, however, include
either:
(i) Any project for improvement of a
structure to comply with existing state or
28
local health, sanitary or safety code
specifications which are solely necessary to
assure safe living conditions; or
(ii) Any alteration of a structure listed on the
National Register of Historic Places or a
state inventory of historic places.
19.06.485 Substrate. The soil, sediment,
decomposing organic matter or combination
of those located on the bottom surface of the
wetland.
19.06.488 Swale. A shallow drainage
conveyance with relatively gentle side slopes,
generally with flow depths less than one foot. ·
19.06.490 Taxi stands. An establishment
engaged in furnishing individual or small
group transportation by motor vehicle.
19.06.493 Temporary use permit. A
pennit to allow a use of limited duration
and/or frequency, or to allow multiple
related events over a specified period.
19.06.495 Tertiary habitat. Habitat
which, while supporting some wildlife or fish
and performing other valuable functions,
does not currently possess essential
characteristics necessary to support a diverse
wildlife community. Tertiary habitat also
includes habitat which has been created
purposefully by human actions to serve other
or multiple purposes, such as open space
areas, and landscape amenities.
19.06.498 Top of the bank •. That point in
the natural contour where there is a distinct,
sharp break in slope which separates inclines
at less than 25% from slopes equal to or
greater than 25%. Where no distinct break
exists, the top of the top of the bank shall be
the uppermost limit of the area where the
ground surface drops six feet and three
inches or more vertically within a horizontal
distance of twenty-five feet
19.06.500 Tract. See definition for lot.
19.06.503 Transfer station. A staffed
collection and transportation facility used by
private individuals and route collection
vehicles to deposit solid waste collected off-
site into larger transfer vehicles for transport
to permanent disposal sites; and may also ·
6/2/97
include recycling facilities involving
collection or processing for shipment.
19.06.505 Transit bus base. An
establishment for the storage, dispatch,
repair and maintenance of coaches, light rail
trains, and other vehicles of a public transit
system.
19.06.508 Tmnsit park and ride lot.
Vehicle parking specifically for the purpose
of access to a public transit system.
19.06.510 Transitional housing
facilities. Housing units owned by public
housing authorities, nonprofit organizations
or other public interest groups that provide
housing to persons on a temporary basis for
a duration not to exceed · 24 months in
conjunction with job training, self sufficiency
training, and human services counseling; the
purpose of which is to help persons make the
transition from homelessness to placement in
permanent housing.
19.06.513 Use. An activity or function
carried out on an area of land, or in a
building or structure located thereon. Any
use comprising the sole or main use on the
site is considered the primary use of the site.
Any use subordinate or incidental to the
primary use on a site is considered an
accessory use.
19.06.515 Utility facility. A facility for
the distribution or transmission of services to
an area; requiring location in the area to be
served; including, but not limited to:
A Telephone exchanges;
B. Water pumping or treatment stations;
C. Electrical switching substations;
D. Water storage reservoirs or tanks;
E. Municipal groundwater well-fields;
F. Regional stormwater management
facilities;
G. Natural gas gate stations and limiting
stations;
H Propane, compressed natural gas and
liquefied natural gas storage tanks serving
multiple lots or uses from which fuel is
distributed directly to individual users; and
I. Sewer lift stations.
19.06.518 Variance.
which an adjustment
Is the means by
is made in the
29
application of the specific regulations of this
title to a particular piece of property, which
property, because of special c!fcumstances
applicable to it, is deprived of privileges
commonly enjoyed by other properties in the
same zone or vicinity and which adjustment
remedies disparity in privileges. A variance is
a form of special exception.
19.06.520 Veterinary Clinic. A building
or premises for the medical or surgical
treatment of animals or pets, including dog,
cat and veterinary hospitals, including the
boarding of hospitalized animals.
19.06.523 Warehousing and wholesale
trade. Establishments involved in the
storage and/or sale of bulk goods for resale
or assembly, excluding establishments
offering the sale of bulk goods to the general
public which is classified as a retail use.
19.06.525 \Vastewater treatment
facility. A plant for collection,
decontamination and disposal of sewage,
including residential, industrial and
commercial liquid wastes, and including any
physical improvement within the scope of the
definition of "water pollution control facility"
set forth in WAC 173~90-015(4) as
amended.
19.06.528 Wetland or wetlands. Areas
that are inundated or saturated by surface
water or groundwater ai a frequency and
duration sufficient to support and that under
normal circumstances do support, a
J>revalence of vegetation typically adai>ted
for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs,
and similar areas. Wetlands do not include
those artificial wetlands intentionally created
from nonwetland sites, including but not
limited to, irrigation and drainage ditches,
grass-lined swales, canals, detention
facilities, wastewater treatment facilities,
farm ponds, and landscape amenities
However, wetlands include those artificial
wetlands intentionally created to mitigate
conversion of wetlands. See the Federal
Manual for Identifying and Delineating
Jurisdictional Wetlands (January, 1987) for
more information.
6/2/97
19.06.530 Wetland area maps. The
wetlands areas maps prepared for Snohomish
County Tomorrow, July, 1991, and ·
associated reports. The maps are adopted by
the city of Marysville and indicate the
potential presence of wetlands.
19.06.533 Wetland, Artificially created.
Wetlands created through purposeful human
action from nonwetland sites, such as
irrigation and drainage ditches, grass-lined
swales, canals, detention facilities,
wastewater treatment facilities, farm ponds,
and landscape amenities.
19.06.535 Wetland buffer area. A
naturally vegetated and undisturbed,
enhanced or revegetated zone surrounding a
natural, restored or newly created wetland
that is an integral part of a wetland
ecosystem, and protects a wetland from
adverse impacts to the integrity and value of
a wetland. Wetland buffers serve to
moderate runoff volume and flow rates;
reduce sediment, chemical, nutrient and toxic
pollutants; provide shading to maintain
desirable water temperatures; provide habitat
for wildlife; and protect wetland resources
from harmful intrusion.
19.06.538 Wetland class. The U.S. Fish
and Wildlife Service wetland classification
scheme uses an hierarchy of systems,
subsystems, classes and subclasses to
describe wetland categories (refer to
USFWS, December 1979, Classification of
Wetlands and Deep Water Habitats of the
United States for a complete explanation of
the wetland classification scheme). Eleven
class names are used to describe wetland and
deep water habitat types. These. include:
forested wetland, scrub-shrub wetland,
emergent wetland, moss-lichen wetland,
unconsolidated shore, aquatic bed,
unconsolidated bottom, rock bottom, rocky
shore, stream bed, arid reef
19.06.540 Wetland creation. The
producing or forming of a wetland through
artificial means from an upland (dry) site.
19.06.543 Wetland delineation. The
delineation requires the actual flagging or
staking in the field of the edges of the
wetland by a biologist or their representative.
30
19.06.545 Wetland determination. A
report prepared by a qualified consultant that
identifies, characterizes and analyzes
potential impacts to wetlands consistent with
applicable provisions of these regulations. A
determination does not include a formal
delineation.
19.06.548 Wetland enhancement. The
improvement of an existing viable wetland or
buffer, such as by increasing plant diversity,
increasing wildlife habitat, installing
environmentally compatible erosion controls,
or removing nonindigenous plant or animal
species.
19.06.550 Wetland, In-kind mitigation.
Replacement of wetlands with substitute
wetlands whose characteristics closely
approximate those destroyed or degraded by
a regulated activity.
19.06.553 Wetland, Low impact use.
Land uses which are typically associated with
relatively low levels of human activity,
disturbance or development and low wetland
habitat impacts. Low intensity land uses may
include, but are not limited to, passive
recreation, open space, or agricultural land
uses that do not create a significant potential
for wetlands impacts.
19.06.555 Wetland mitigation.
"Wetland mitigation" includes:
(l) Avoiding the impact altogether by not
taking a certain action or parts of actions.
(2) Minimizing impacts by limiting the
degree or magnitude of the action and its
implementation.
(3) Rectifying the impact by repairing,
rehabilitating, or restoring the affected
environment.
( 4) Reducing or eliminating the im~act over
time by preservation and mamtenance
operations during the life of the action.
(5) Compensating for the impact by
replacing or providing substitute resources
or environments.
While monitoring without additional actions
is not considered mitigation for the purposes
of these regulations, it may be part of a
comprehensive mitigation program.
612191
19.06.558 Wetland, Out-of-kind
mitigation. Replacement of wetlands with
substitute wetlands whose characteristics do
not closely approximate those destroyed or
degraded by a regulated activity.
19.06.560 Wetland, Regulated activity.
Activities occurring in, near, or potentially
affecting a wetland or wetland buffer that are
subject to the provisions of this title.
Regulated activities generally include but are
not limited to any filling, dredging, dumping
or stockpiling, draining, excavation,
flooding, construction or reconstruction,
driving pilings, obstructing, shading, clearing
or harvesting.
19.06.563 Wetland restoration. The re-
establishment of a viable wetland from a
previously filled or degraded wetland site.
19.06.565 Wetland, Structural
diversity. The relative de~ree of diversity
or complexity of vegetation m a habitat area
as indicated by the stratification or layering
of different plant communities (e.g. ground
cover, shrub layer and tree canopy); the
variety of plant species; and the spacing or
pattern of vegetation.
19.06.568 Wildlife habitat. Areas that
provide food, protective cover, nesting,
breeding or movement for fish and wildlife
and with which individual species have a
primary association. Wildlife habitat also
includes naturally occurring ponds larger
than 1.5 acres and smaller than 20 acres in
area that are a minimum of six feet deep to
the extent that such pond(s) otherwise
meet(s) the definition of wildlife habitat.
19.06.570 Wildlife habitat,
enhancement. The improvement of existing
habitat such as by increasing plant density or
structural diversity, or by removing
nonindigenous or noxious species.
19.06.573 Wildlife report. A report,
prepared by a qualified consultant, that
evaluates plant communities and wildlife
functions and values on a site, consistent
with the fonnat and requirements established
by this title.
31
:•:',:
19.06.575 Wildlife shelter. A facility for
the temporary housing of sick or wounded or
displaced wildlife.
19.06.578 Yard. An open space in front,
rear or side of the same lot with a building or
proposed building.
19.06.580 Yard, front. (1) For an
interior lot, front yard means the open space
extending from the principal street line to the
building line and including the full width of
the lot to its side lines. For purposes of this
definition, the term "principal street" means
any and all public streets which abut the lot,
and any private roads or access easements
which serve more than one lot. (2) "Front
yard" for a comer lot means the open space
extending from the principal street line from
which the lot gains primary access, and
extending the full width of the lot to its side
lines. The other lot line abutting the
intersecting street shall become a flanking
street side lot line having a reduced yard
requirement of 10 feet. The reduced yard
requirement will apply only to corner lots at
intersections, having either a stop sign or
stoplight at the street intersection. (3) On a
panhandle lot, the "front yard" and setbacks
shall be determined during the subdivision
approval process, or, if not determined
during subdivision review, shall be
determined by the Planning Director.
19.06.583 Yard, rear. An open space
extending from the rear lot line to the rear
setback line and including the full width of
the lot to its side lines.
19.06.585 Yard, side. An open space
extending from the front yard to the rear
yard and from the side yard setback line to
the side lot line.
19.06.588 Yard waste processing
facility. A facility where yard and garden
wastes, including wood and land clearing
debris, are processed into new products,
which include but are not limited to soil
amendments and wood chips. This definition
does not include individual household
composting.
19.06.590 Zoning Ordinance. City of
Marysville zoning ordinance, MMC Title 19.
612197
Sign Code Definitions.
19.06.593 Abandoned sign. A sign no
longer identifies or advertises a bona fide
business, lessor, service, owner, product or
activity, or for which no legal owner can be
found.
19.06.595 Awning sign. The use of an
awning attached to a building for
advertisement, identification, or promotional
purposes. Provided, that only that portion of
the awning which bears graphics, symbols
and/or written copy shall be construed as
being a sign.
19.06.598 Billboard. An outdoor
advertising sign ·or poster panel which
advertises products, businesses, and/or
services not connected with the site on which
the sign is located, and which sign is a
substantial permanent structure with display
services of a type which are customarily
leased for commercial purposes.
19.06.600 Reserved.
19.06.603 Comprehensive design plan.
The integration into one architectural design
of the building, landscaping and signs.
19.06.605 Clearance of a sign. The
smallest vertical distance between the grade
of the adjacent street or street curb and the
lowest point of any sign, including
framework and embellishments, extending
over that grade. · ·
19.06.608 Directional sign. A single-
faced or double-faced sign not exceeding six
square feet in surface area per side designed
to gnide or direct pedestrian or vehicular
traffic to an area, place or convenience.
Advertising on said signs shall be limited to
incidental graphics such as trade names and
trademarks.
19.06.610 Electrical sign. A sign or sign
structure in which electrical wiring,
connections or fixtures are used.
19.06.613 Facade. The entire building
front, or street wall face, including grade to
32
the top of the parapet or eaves, and the
entire width of the building elevation.
19.06.615 Flashing sign. A sign or a
portion thereof which changes light intensity
or switches on and off in a constant pattern,
or contains motion or the optical illusion of
motion by use of electrical energy.
19.06.618 Freestanding sign. A permanent
pole, ground or monument sign attached to
the ground and supported by uprights or
braces placed on or in the ground and not
attached to any building.
19.06.620 Ground sign. A freestanding
sign that is less than five feet in height.
19.06.623 Incidental sign. A small sign,
emblem or decal informing the public of
goods, facilities or services available on the
premises, e.g., a credit card sign or a sign
indicating hours of business. Such signs shall
not exceed two square feet in size.
19.06.625 Indirect lighting. Lighting
displayed or reflected on the surface or face
of a sign which is not inside the sign and not
a part of the sign proper.
19.06.628 Marquee. A permanent roof-
like structure or canopy of rigid material
supported by and extending from the facade
of a building.
19.06.630 Monument sign. A freestanding
sign between five and twelve feet above
grade which is attached to the ground by
means of a wide base.
19.06.633 Multiple-occupancy complex.
A group of structures each housing at least
one retail business, office or commercial
venture, or a single structure or mall
containing more than one separate business
entity with shared common spaces, access
points and/or parking facilities. For purposes.
of this chapter, a multiple-occupancy
structure with a single entrance shall be
required to comply with regulations for
single-occupancy buildings.
19.06.635 Off-premises sign. An outdoor
advertising, informational, directional or
identification sign which relates to products,
612/97
businesses, services or premises not located
on or otherwise directly associated with the
site on which the sign is erected.
19.06.638 Pole sign. Any freestanding
sign more than five feet in height that does
not meet the definition of monument, ground
or portable sign. These signs are composed
of the sign cabinet or base and the sign pole
or pylon by which it connects to the ground.
19.06.640 Political sign. Any sign
intended to promote an individual or an issue
on an election ballot to be voted upon by the
Marysville general electorate.
19.06.643 Portable sign. Any sign which is
designed to be periodically transported on or
in a vehicle, on its own wheels, or by band
and which is not designed to be permanently
affixed to the ground or to a structure. Such
signs shall include, but not be limited to, "A-
Frame" or "sandwich board" signs. The
removal of the wheels from such a s~ or
the attachment of a sign temporarily or
permanently to the ground or to a structure,
does not by itself change the inherent
portability which was a part of the original
design of the sign, and does not exempt it
from this definition.
19.06.645 Projecting sign. A sign, other
than a flat wall sign, which is attached to and
projects more than 12 inches from a building
wall or other structure not specifically
designed to support the sign.
19.06.648 Readerboard. A sign or a part
of a sign on which the letters are readily
replaceable such that the copy can be
changed from time-to-time at will.
19.06.650 Real estate sign. A sign erected
by the owner, or his agent, advertising the
real estate upon which the sign is located for.
rent, lease, or sale, or directing interested
parties to said property.
19.06.653 Roof sign. Any sign erected
over or on the roof of a building.
19.06.655 Sign. Any device, structure,
fixture, placard, painted surface, awning,
banner or balloon using graphics, lights,
symbols, and/or written copy designed
33
specifically for the purpose of advertising,
identifying or promoting the interest of any
person, institution, business, event, product,
goods or services; provided, that the same is
visible from any street, way, sidewalk or
parking area open to the public.
19.06.658 Sign area. The entire area of a
sign on which copy is to be placed. Sign
structure, architectural embellishments,
framework and decorative features which
contain no written or advertising copy shall
not be included. Sign area shall be calculated
by measuring the perimeter enclosing the
extreme limits of the module or background
containing the advertising or identifying
message; provided, that individual letters
using a wall as the background, without
added decoration or change in wall color,
shall have a sign area calculated by
measuring the perimeter enclosing each letter
and totaling the square footage thereof For
double-faced signs, total sign area shall be
calculated by measuring only one face.
19.06.660 Sign height. The vertical
distance from the average elevation of the lot
to the highest point of a sign or any vertical
projection thereof, including its supporting
columns.
19.06.663 Temporary or speciaJ event
sign. means a nonpermanent sign intended
for use for a short period of time, including
banners,
pennants or advertising displays constructed
of canvas, fabric, wood, plastic, cardboard or
wallboard, with or without frame. Signs in
this category include signs painted on
exterior window surfaces which are
readily removed by washing, and signs
referred to in MMC 19.20.190.
19.06.665 Wall sign. A sign attached,
painted onto or erected parallel to and
extended not more than one foot from the
facade or face of any building to which it is
attached and supported throughout its entire
length, with the exposed face of the sign
parallel to the plane of said wall or facade.
CHAPTER 19.08 PERMITfED USES
SECTIONS:
612197
19.08.010 Establishment of uses
19.08.020 Interpretation ofland use
tables
19.08.030 Residential land uses
19.08.040 Recreation/Cultural land uses
19.08.050 General Services land uses
19.08.060 Government/Business Service
land uses
19.08.070 Retail/Wholesale land uses
19.08.080 Manufacturing land uses
19.08.090 Resource land uses
19.08.100 Regional land uses
19.08.010 Establishment of uses. The
use of a property is defined by the activity
for which the building or lot is intended,
designed, arranged, occupied, or maintained.
The use is considered permanently
established when that use will or has been in
continuous operation for a period exceeding
sixty days. A use which will operate for less
than sixty days is considered a temporary
use, and subject to the requirements of
MMC 19.44 of this title. All applicable
requirements of this code, or other applicable
state or federal requirements, shall govern a
use located in the City of Marysville.
19.08.020 Interpretation of land use
tables.
A The land use tables in this chapter
determine whether a specific use is allowed
in a zone district. The zone district is
located on the vertical column and the
specific use is located on the horizontal row
of these tables.
B. If no symbol appears in the box at the
intersection of the column and the row, the
use is not allowed in that district, except for
certain temporary uses.
C. If the letter "P" appears in the box at
the intersection of the column and the row,
the use is allowed in that district subject to
the review procedures specified in MMC
19.52 and the general requirements of the
code.
D. If the letter "C" appears in the box at
the intersection of the column and the row,
the use is allowed subject to the conditional
use review procedures specified in MMC
19.52 and the general requirements of the
code.
E. If a number appears in the box at the
intersection of the column and the row, the
use may be allowed subject to the
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appropriate review process indicated above,
the general requirements of the code and the
specific conditions indicated in the
development condition with the
corresponding nwnber immediately following
the land use table.
F. If more than one letter-number
combination appears in the box at the
intersection of the column and the row, the
use is allowed in that zone subject to
different sets of limitation or conditions
depending on the review process indicated
by the letter, the general requirements of the
code and the specific conditions indicated in
the development condition with the cor-
responding number immediately following
the table.
G. All applicable requirements shall
govern a use whether or not they are cross-
referenced in a section.
612191 35
19.08.030 A. Residential land uses
SPECIFIC LAND USE
RU R4.5..S 'l 12-28 NH :;H liC JC MU BP
DWELLING UNITS, TYPES: p
Single detached , p p
Duplex , PllC p
'rownhome IP3 p D
~ultiple family p C9 P9 P9 P9 I>
Mobile home " C3
Mobile home park c Cl4,P p
Senior citizen assisted .:2 .:.;2 , ' ·"
Pactory-built "10 PIO
Uuesthouse P6
Caretakers quarters(&) , p p p
GROUP RESIDENCES:
Group care facility v .:.; 11'2 p , IP p
Convalescent, nursing, retirement .:.;2 l,'2 " p IP c
i\CCESSORY USES:
Residential accessory uses(!), (12) p p ,
IHome occupation (5) p p
rrEMPORi\RY LODGING: ) IP
liotel/Motel D , p p D p D
l:le4 and breakfast guestlwuse(4) c ..;13 D
'3ed and breakfast inn( 4) v p µ " I>
19.08.030 B. DEVELOPMENT CONDITIONS.
l. Accessory dwelling units must comply with development standards in Section 19.34,
Accessory Dwelling Units.
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2. Limited to three residents per the 7Cl.uivalent of each minimum lot size or dwelling units per
acre allowed in the zone in which it ts located.
3. Only as part of a PRD development proposal, and subject to the same density as the
underlying zone.
4. Bed and Breakfast guesthouses and inns are subject to the requirements and standards
contained in Section 19.36, Bed and Breakfasts.
5. Home Occupations are subject to the requirements and standards contained in Section 19.32,
Home Occupations.
6. a. Ouesthouses are not to be used as rental units or as a bed and breakfast;
b. Only one guesthouse may be permitted per lot; and
c. Each guesthouse shall be sited so that future division of the property will allow each
structure to meet all bulk and dimensional requirements for the zone in which it is located.
7. a. There shall be accommodations for no more than two persons.
b. The accommodations shall be located within the primary residence.
8. Limited to one dwelling unit for the purposes of providing on-site service and security of a
commercial or industrial business.
9. All tmits must be located above a street level commercial use.
10. a. A factory-built house must be inspected at least two times at the factory by the State
Building Inspector during the construction process, and must receive an approval certifying
that it meets all requirements of the Uniform Building Code. At the building site the city
612197 36
building official will conduct foundation, plumbing and final
inspections.
b. A factory-built house cannot be attached to a metal frame allowing it to be mobile. All
such structures must be placed on a permanent foundation at the
building site.
c. All factory-built houses shall have an attached garage erected on the site.
11. Permitted outright in the R-8 and R-6.5 zones on minimum 7200 square foot lots. A
conditional use permit is required for the R-4.S zone, and the minimum lot size must be
12,500 square feet. Duplexes must comply with the Comprehensive Plan density requirements
for the underlying land use designation.
12. A. Garage sale shall comply with the following standards: (1) No residential premises shall
have more than two such sales per year and no such sale shall continue for more than six days
within a 15-day period.
(2) Signs advertising such sales shall not be attached to any public structures, signs or traffic
control devices, nor to any utility poles. All such signs shall be removed 24 hours after the sale
is completed.
B. A garage sale complying· with the above conditions shall be considered as being an
allowable accessory use to all residential land uses. A garage sale violating one or more of the
above conditions shall be considered as being a commercial use and will be disallowed unless
it complies with all requirements affecting commercial uses.
13. Limited to the R6.5 and R8 zones only.
14. A conditional use permit is required in the low density multiple family zone.
612197 37
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19 08 040 A Recreation/Cultural land uses . . .
'SPECIFIC LAND USE
?U il4.5-8 R. 12-28 'lB cB JC )C MU IBP ,..r
>AlU{JRECREATION: , ..... >1 Pl Pl >1 ) p ) ) p p
Marina
Dock and boathouse, private, "6
noncommercial
Recreational Vehicle Park 22 "2
[Boat launch, commercial or public
!Boat launch, noncommercial or nrivate C7
l4MTTSEMENT/ENTERTAINMENT:
Theater ) ) p p
Theater, Drive~in ' p
IA musement and recreation services >g >g >g p p
Snorts club -; ) , , , p p p
'3olf facilitv13) c ' p , ) D ,
Shooting range (4) } PS D5 P5
Outdoor performance center = c
Riding academy p p
CULTURAL:
..,ihmrv, museum & rut un11eries c ' ' p p ) p p p ,
Churches, synagogues, and t<>mnles c ~ ) p p ) p p )
[)ancing, music and art centers p ) p p
19.08.040 B. DEVELOPMENT CONDITIONS.
I. The following conditions and limitations shall apply, where appropriate:
a. Lighting for structures and fields shall be directed away from residential areas;
b. Structures or service yards shall maintain a minimum distance of 50 feet from
property lines adjoining residential zones; and
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2. Recreational vehicle parks are subject to the requirements and conditions of Section 19.40
MMC.
3. a. Structures, driving ranges and lighted areas shall maintain a minimum distance of 50 feet
from property lines adjoining residential zones.
b. Restaurants are permitted as an accessory use to a golf course.
4. a. Structures and ranges shall maintain a minimum distance of 50 feet from property lines
adjoining residential zones;
b. Ranges shall be designed to prevent stray or ricocheting projectiles or pellets from
leaving the property; and ·
c. Site plans shall include safety features of the range; provisions for reducing noise
produced on the firing line; and elevations of the range showing target area, backdrops or
butts.
5. Only in an enclosed building.
6. a. The height of any covered over-water structure shall not exceed 20 feet as measured
from the line of ordinary high water;
b. The total roof area of covered, over-water structures shall not exceed 1,000 square feet;
c. The entirety of such structures shall have not greater than 50 percent of the width of the
lot at the natural shoreline upon which its located;
d. No over-water structure shall extend beyond the average length of all pre-existing over-
water structures along the same shoreline and within 300 feet of the parcel on which
proposed. Where no such pre-existing structures exist within 300 feet, the pier length shall
not exceed 50 feet;
612197 38
e. Structures permitted hereunder shall not be used as a dwelling; and
f Covered structures are subject to a minimum setback of five feet from any side lot line or
extension thereof No setback from adjacent properties is required for any uncovered
structure, and no setback from water is required for any structure permitted hereunder.
7. a. The City may regulate, among other factors, required launching depth, and length of
docks and piers;
b. Safety buoys shall be installed and maintained separating boating activities from other
water-onented recreation and uses where this is reasonably required for public safety, welfare
and health; and
c. All site improvements for boat launch facilities shall comply with all other requirements
of the zone in which it is located.
8. Excluding race track operation.
6/2/97 39
19.08.050 A. General Services land uses
[SPECIFIC LAND USE P= R 4.5-8 R 12-28 NR CB GC nr Mff BP ·r r+j
PERSONAL SERVICES:
Jenera! Personal Service IP IP p i p p p
)rv cleaning nlants IP p '
)ry cleaning pick-up stations and retai IP IP p IPJ2 D )
service
•uneral Home/Crematoiy Cl ::1 IP IP p Pl3 ) ,. '
Cemetery, Cohunbarium or Mausoleum PJO PlO DJO PIO PIO PJO p ' ' ::2 C2 ::2 I C2
flay care I P3 D3 '3 D p ' p '4
Daycare II c D p ' p p '4 '4
Veterinarv Clinic c IP IP p p IP ' ) p
Automotive renair & service i IPS c p p D D
Miscellaneous r~air IP p D p
locial Services "II p p p p
>table " ~
Kennel or Catten1, hobby ) c ::
Kennel, commercial & c p p c p p
xhibitorlbreeding :
civic, social and fraternal associations "". EEB p c p IP
Clubs (communitv, cowrtrv, yacht, etc.) c p p
HEALTH SERVICES:
Medical/dental clinic IP
Hosuital c IP p p IC
tlDUCATION SERVICES:
filementary, Middle/Junior High, and :; c :; c p ... r--
Senior High (including public, private
! and narochial)
Sommercial School ::6 ::6 ::6 p p p IPJ4
School District Support Facility S9 ;;9 S9 IC IP IP !P IP IP p
fnterim Recycling Facilitv :;7 P7 P7 IP8 IP8 IP
\locational school IP IP IP Pl4
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19.08.050 B. DEVELOPMENT CONDITIONS.
1. Only as an accessory to a cemetery.
2. Structures shall maintain a minimum distance of 100 feet from property lines adjoining
residential zones.
3.
4.
5.
6.
612197
Only as an accessory to residential use, provided:
a. Outdoor play areas shall be completely enclosed by a solid wall or fence, with no
openings except for gates, and have a minimum height of six feet;
b.
c.
d.
Outdoor J?lay eq1:1iJ?ll}ent s~l m~ntain a minimum distance of20 feet from
property Jines ad1ommg res1dent1al zones;
Only two non-resident staff are present on-site at any one time; and
Outdoor play yards or equipment shall not be located within any required street
setback.
Permitted as an accessory use, see commercial/industrial accessory, MMC 19.08.060A.
Only as an accessory to a gasoline service station, see retail and wholesale permitted use
table.
Only as an accessory to residential use, provided:
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a. Students are limited to twelve per one hour session,
b. All instruction must be within an enclosed structure, and
c. Structures used for the school shall maintain a distance of 25 feet from property
lines adjoining residential zones.
7. Limited to drop box facilities accessory to a public or community use such as a school, fire
station or community center.
8. All processing and storage of material shall be within enclosed buildings and excluding
yard waste processing.
9. Only when adjacent to an existing or proposed school.
10. Limited to columbariums accessory to a church provided that existing required
landscaping and parking are not reduced.
1 L Hours of operation shall be restricted to that compatible with the neighborhood and
proposed usage of the facility.
12. Drive through service windows in excess of one lane are prohibited in Planning Area 1.
13. Limited to columbariums accessory to a church provided that existing required
landscaping and parking are not reduced.
14. All instruction must be within an enclosed structure.
612191 41
19.08.060 A. Government/Business Service land uses
PECIFIC LAND USE
RU R 45-3 , 12-28 "" cB "" )C \,ff[ 3P I GI
f'.O\'E&'iMENT SERVICES:
Public agency office c l' p p p p p p p
Public utility yard • p
Public safetv facilities, indudin2nolice & fue c1 c1 Cl <>t " p IP " p
' 'itilitv Facilitv ' ~ , " ' • ,; p p p
4inor Communication Faciiitv (S) ~ c ' c , ' ' p p
~v11te Stonm:vater ~lana:1tement Facility n l'7 n p p , p 7
BUSINESS SERVICES•
Cootrad:.ors' offices and storage yards P2 P2 p p
faxistands • I'
Trucldn11r. and Courier Service iP3 P3 ' p p
Narehousmo and Wholesale Trade ' p p p
,Self...service Stora2e (14) '4 ' p
1reight and Cargo Service p
Cold storage wan:hoosffi:i.; p
(Jeneral Business Serv.ke and offices (9) " • p P2 p p p
Commercial vehicle storage p p p
ProfessiQ!lai Office " p " p • p ,
vfiscellaneous Pm1inment Rental P'l 15 P!S "-, 15
~utmnotive Rental and Leasing !P p
'.Automotive Parking_ P6 P6 P6 I' p p p p p
:Rerearffi~ Develrmment and Testing p p p p
Heavy-and Truck Reoair p p
aonomobile holdine yard ( 13) ' c
l!\..w1et house sales office PJO 10
"ommercial/1ndustria1 Accessory U.ses p p IP IP p I' p p
'\.dult facilities P8
Factorybuiltooriunercial building(l l) p p IP p p p p
19.08.060 B. DEVELOPMENT CONDITIONS.
I. a. All buildings and structures shall maintain a minimum distance of 20 feet from property lines
adjoining residential zones;
b.Any buildings from which fire-fighting equipment emerges onto a street shall maintain a distance
of 35 feet from such street; and
2. No outdoor storage of materials or vehicles.
3. Limited to self-service household moviug truck or trailer rental accessory to a gasoline service
station.
4. Accessory to an apartment development of at least 12 units provided:
612197
a. The gross floor area in self service storage shall not exceed 50% of the total gross floor area of the
apartment dwellings on the site;
b. All outdoor lights shall be deflected, shaded and focused away from all adjoining property;
c. The use of the facility shall be limited to dead storage of household goods;
d. No servicing or repair of motor vehicles, boats, trailers, lawn mowers or sirnilar equipment;
e. No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or
hazardous chemicals;
f. No residential occupancy of the storage units;
g. No business activity other than the rental of storage units to the apartment dwellings on the site;
and
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h.A resident Manager shall be required on the site and shall be responsible for maintaining the
operation of the facility in confonnance with the conditions of approval.
5. a. Minor communication facilities shall be regulated relative to setback, height and screening.
b. Cellular relay facilities shall co-located where feasible.
6. Limited to commuter parking facilities for users of transit, calJlools or ride-share programs,
provided:
a. They are located on existing parking lots for churches, schools, or other permitted nonresidential
uses which have excess capacity available during commuting hours ; and
b. The site is adjacent to a designated arterial that has been improved to a standard acceptable to the
Department.
7. Such facilities shall be located on the same lot that they are designed to serve except in subdivisions
they shall be set aside in a separate tract.
8. Subject to the conditions and requirements listed in Section 19.46.070 MMC.
9. Billboards are only permitted within the GC, and BC zones along State Avenue NE, and must
comply with all requirements and standards of the sign code.
10. a. If the construction of model homes in an approved preliminary subdivision will not interfere with
the proposed subdivision, the Planning Director may approve construction of model homes subject to
the following conditions:
i. No model home shall be constructed without the issuance of a building permit;.
ii. No more than one model home shall be constructed per existing legal lot. In no event shall the
total number of model homes in a preliminary subdivision be greater than four; .
iii. A hard surfaced-roadway to and abutting all model homes shall be constructed to standards
determined by the city engineer;
iv. Operational fire hydrant(s) must be approved and constructed in accordance with the Uniform
Fire Code;
v. Submittal of a site plan, certified by a registered civil engineer/surveyor, delineating the location of
each structure relative to existing and proposed utilities, lot lines, easements, roadways,
topography and sensitive areas;
vi. Submittal of building plans for each of the proposed structures;
vii. Approval of water, sewer and storm sewer extension plans to serve the proposed structures;
viii. Execution of an agreement with the city saving and holding it harmless from any damages,
direct or indirect, as a result of the approval of the construction of model homes on the site.
b. Prior to occupancy of any model home, the final plat of the subject subdivision shall be approved and
recorded.
11. A factory-built commercial building may be used for commercial pulJloSes subject to the following
requirements:
a. A factory-built commercial building must be inspected at least two times at the factory by the State
Building Inspector during the construction process, and must receive an approval certifying that it
meets all requirements of the Uniform Building Code. At the building site the city building official will
conduct foundation, plumbing and final inspections.
b. A factory-built commercial building cannot be attached to a metal frame allowing it to be mobile.
All such structures mtist be placed on a pennanent foundation at the building site.
12. Reserved.
13. Automobile holding yards are subject to the following requirements:
(a) No vehicle may remain in such a holding yard for more than 90 continuous days.
(b) Vehicles may only be placed in such a holding yard by order of the police or by being towed in an
inoperable condition.
(c) The owner of the holding yard shall not store any vehicles owned by him on the premises.
(d) Wrecking, dismantling, disassembling, or substantially changing the form of motor vehicles is
prohibited in automobile holding yards, as is the sale of vehicles, parts and scrap.
(e) Automobile holding yards shall be screened with a sight-obscuring fence of a minimum height of seven
feet above grade.
14. Any outdoor storage areas are subject to the screening requirements of the landscape code.
15. Exceptheavyequipment.
6/2/97 43
19.08.070 A. Retail/Wholesale land uses
SPECIFIC LAND USE
RU R 4.5-8 R 12-28 \Ill CB :1C
Building, Hardware and Ganlen Pj IP p
\faterials
Forest Products Sales '2 '3 p '
t and Varietv Stores D p p
ood Stores p IP p
".l!ricult:ura! Crop Sales P3 P3 p p
ltorage/retail sales, livestock feed p
Motor Vehicle and Boot Dealers c ' Gasoline Service Stations , p ,
EatinQ and Drinking Places '4 p '
DruQS\ores p IP p
,iquor Stores p p
Jsed Goods: Antiques/Secondhand p ' :lhons
loorting Goods and related Stores IP p
3ook, Stationeiy, Video and Art Supply ' p p
Stores
Jewelry Stores p p
Clobby, Toy, Game Shoos p p '
'hotoornnhic and Electronic Shon• ' p ' Fabric and Craft Shoos p '
Fuel Dealern ! p
Florist Shops p p p
pet Shops p p p
Tire stores p '
BulkRetail p ,
'Auction Houses '5
Truck and Heavv Eouioment Dealers
Mobile home and RV Dealm c
~etail stores similar to those otherwise p ,
named on this !isl
Automobile Wrecldru! Yard
B. DEVELOPMENT CONDITIONS 19.08.070
l.
2.
Only Hardware and Garden Materials stores shall be pennitted.
a. Limited to products produced on-site; and
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b. Covered sales areas shall not exceed a total area of 500 square feet for the
RU zone and 300 square feet in the R 4.5-8 zones.
c. There shall be only one stand per lot.
3. Subject to approval of a small farms overlay zone.
4. Excluding drinking places such as taverns, hars, etc.
5. Excluding vehicle and livestock auctions.
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6. If the total storage capacity exceeds 6000 gallons, a conditional use pennit is required.
7. Subject to the standards outlined in Section 19.42 MMC.
8. Limited to 5000 square feet or less.
9. a. Limited to 4000 square feet or less.
b. Drive through service windows in excess of one lane are prohibited in Planning Area 1.
c. Taverns, Bars, Lounges, etc .. are required to obtain a conditional use pennit.
10. Limited to hardware and garden supply stores.
11. Limited to convenience retail, such as video, and personal and household items.
612197 44
19 08 080 M . . I d anu acturm ' an uses
~PECIFIC LAND USE I
I RU ~4.5-8 Rl2-28 NB :CB 3C )C \ill BP ,_,! 3I
Rood and Kindred Products Pl P5 p P2 ,
Winery/Brewery ::; P6 p '6 '6 p p
Textile Mill Products p ,
Anparel and other Textile Products ::; p ,
!Wood Products, excent furniture 1>3 p " ,
!Furniture and Fixtures p " ,
~aper and Allied Products " p
~rintiog and Publishiog P4 P4 p P7 p p p
K:hemicals and Allied Products c s
Petroleum Refming and related ::; ::;
!industries
!Rubber and Misc. Plastics Products p p
ueather and Leather Goods ::; s
Stone, Clay, Glass aud Concrete p
~oducts
~ary Metal Industries c p
Rabricated Metal Products ::; p p ,
industrial aud Conuuercial Machioerv ::; ,
IHeavv Machioav aud Eouinmeot c ,
K:omputer aud Office Equipment : "
no1ectronic aud other Electric Equipment s p
!Railroad Equipment c p
Miscellaneous Light Manufacturing p p
Motor Vehicle and Bicycle c ,
!Manufacturing
LAircraft, Ship aud Boat Building c p
Tire Retreadine ::; ,
Movie Production/Distribution , p
19.08.080 B. DEVELOPMENT CONDITIONS.
1. Structures and areas used for processing shall maintain a minimum distance of75 feet from
property lines adjoining residential zones to agriculture products produced on-site.
2. Except slaughterhouses.
3. Limited to rough milling and planing with portable equipment of products grown on-site.
4. Limited to photocopying and printing services offered to the general public ..
5. Limited to less than ten employees.
6. In conjunction with an eating and drinking establishment.
7. Limited to photocopying and printing services offered to the general public.
612197 45
19.08.090 A. Resource land uses
!PECIFIC LAND USE I
I R.U R4.5-8 RJ2-28 lffi :;B rt: cir \All BP uI +I
AGRICULTURE: I
Growing and Harvesting Crops p "2 D p ,
Raisi!U! Livestock and Small Animals p PS p p ,
lreenhouse or Nursery, Wholesale & P3 p v ., p
Retail
' iF arm product processilll! ".:4 D ,
' . FORESTRY: :
Growing .and Harvestin~ Forest Product > P2 IP
'orestReseareh D p ' Wood waste recvcling and stor"''" c c
FISH AND WILDLlF'E .
VfANAGfu\1ENT:
' 'fatcherv/Fish Preserve (1) , :; D p p
' Aquaculture (!) D :; p p i
Wildlife Shelters p c c
-
I
'rocessfoo of Minerals p p
Asnhalt Paving Mixtures and Block ' p p
.
19.08.090 B. DEVELOPMENT CONDITIONS.
l. r-1ay be further subject to the provisions of City of Marysville, Shoreline Management
Program.
2. Only allowed in conjunction with the Small Farms overlay zone.
3. a. Incidental sale of soil, bark fertilizers, plant nutrients, rocks and similar plant husbandry
materials is permitted; provided, however, the sale of small garden hand tools not exceeding
$20.00 for any single item shall be allowed.
b. There shall be no on-site signs advertising other than the principle use.
4. a. Where a lot of nonconforming size has been previously developed for residential use and
the owner resides therein, farm product processing may be permitted by the Hearing Examiner
when the following criteria are met:
i. No more than one person outside of immediate family shall be employed full-time
in the farm product processing at any one time.
ii Nature of operation and any structures shall not adversely affect adjacent
properties. Physical scale and use intensity must be compatible with surrounding neighborhood.
b. Retail sales of products produced on the premises for off-site consumption may be
allowed.
5. Provided that the property has received approval of a small farm overlay designation, or is
larger than one (1) acre in size.
6/2/97 46
19 08 100 A R . II d . . . e1nona an uses
SPECIFIC LAND USE I
I IRU R45-8 R!2-28 INH CB nc.
ail c
"ublic A•encv Animal Control Facility ' '
>ublic A•en= Tramm• Facilitv :;1 'I 'I
Non-hvdroelectric Generation Facilitv c c c c c :;
Maior Communication Facilitv C4b ('.4b C4b r'Ab IP D
F.arth Station P4a P4a P4a IP4a p "
EnerIN Resource Reroverv Facilitv c
Soil Recvcliru!IIncineration Facilitv :;
..andfill :;
"ransfer Station :;
Wastewater Treatment Facilitv
Transit Bus Base c " Transit Park and Ride Lot c " c ., IP ,
School Bus Base C3 ':!3 C3 t: t ::
Racetrack c :;5 cs cs '5 '5
'airnround '
',..,/Wildlife Exhibit :6 :: :;
>tadilllllf Arena t=; College/Univ....UV c " c t:
19.08.100 B DEVELOPMENT CONDITIONS.
l. Except weapons armories and outdoor shooting ranges.
2. Except outdoor shooting range.
3. Only in conjunction with an existing or proposed school.
4. a. Limited to one satellite dish antenna.
b. Limited to tower consolidations.
5. Except racing of motorized vehicles.
6. Limited to wildlife exhibit.
.
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6/2/97 47
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CHAPTER 19.12 DEVELOPMENT
STANDARDS -DENSilY AND
DIMENSIONS
SECTIONS:
19.12.010
19.12.020
19.12.030
19.12.040
19.12.050
19.12.060
19:12.070
19.12.080
19.12.090
19.12.100
19.12.110
19.12.120
19.12.130
19.12.140
19.12.150
19.12.160
19.12.170
19.12.180
19.12.190
19.12.200
19.12.210
6/2/97
Purpose
Interpretation of tables
Densities and dimensions -
residential zones
Densities and dimensions -
commercial/industrial zones
Measurement methods
Calculations allowable
dwelling units or floor area
Calculations -site area used
for density calculations
Lot area prohibited
reduction
Lot area -minimum lot
area for construction
Setbacks -specific building
or use
Setbacks -modifications
Setbacks -from regional
utility corridor
Setbacks -from private
roads or access easements
Setbacks -from alley
Setbacks -adjoining half-
street or designated arterial
Setbacks projections
allowed
Height -exceptions to limits
Lot divided by zoning
boundary
Sight distance requirements
Nonresidential land uses in
residential zones
Building setbacks
Multiple-family dwellings
and apartment buildings.
19.12.220
19.12.230
Building setbacks
Dwellings above ground
floor of commercial uses.
Yard setbacks for accessory
buildings.
19.12.010 Purpose. The purpose of this
chapter is to establish requirements for
development relative to residential density
and basic dimensional standards, as well as,
specific rules for general application. The
standards and rules are established to
provide flexibility in project design, provide
solar access, and maintain privacy between
adjacent uses.
19.12.020 Interpretation of tables.
A. Sections 19.12.030 and 19.12.040
contain · general density and dimension
standards for the various zones and
limitations specific to a particular zone(s).
Additional rules and exceptions, and
methodology are set forth in MMC
19.12.050 through 19.12.210.
B. The density and dimension tables are
arranged in a matrix format on two separate
tables and are delineated into two general
land use categories:
l. Residential; and
2. Commercial/Industrial.
C. Development standards are listed
down the left side of both tables, and the
zones are listed at the top. The matrix cells
contain the minimum dimensional
requirements of the zone. The parenthetical
numbers in the matrix identify specific
requirements applicable either to a· specific
use or zone. A blank box indicates that there
are no specific requirements. If more than
one standard appears in a cell, each standard
will be subject to any applicable parenthetical
footnote following the standard.
48
19.12.030 A Densities and Dimensions -Residential Zones
RU R-4.5 R-6.5 R-8 R-12 R-18 R-28
(15) (15) (1!\I
Density: 0.4 4.5 6.5 8 12 18 28
Dwelling du/ac du/ac du/ac du/ac du/ac du/ac du/ac
Unit/ Acre( 6)
Maximum 18 27 36
Density: du/ac du/ac du/ac
Dwelling
Unit/Acre (1)
----
Minimum Street 30 ft 20ft 20 ft 20 ft 20 ft 25 ft 25 ft
Setback (3) (8) (8) (8)
Minimum Side 35 ft 5 ft 5 ft 5 ft IO ft IO ft 10 ft
Yard Setback (3) (9) (10) (10) (10) (10) (10) (10)
Minimum Rear 35 ft (9) 20 ft 20ft 20ft 25 ft 25 ft 25 ft
Yard Setback (3)
Base Height 40 ft 30 ft 35 ft 35 ft 35 ft('+) 4::> ft 45 ft
(4) (4)
Maximum 4% 35% 35% 400/o 40% 45% 50%
Building (11)
Coverage: (12)
Percentage (5)
Maximum 15% 45% 45% 50% 70% 70% 75%
Impervious (13)
Surface:
Percenta£<e (5)
Minimum Lot 2.3 acres 5000 5000 4000 ---
Area sq./ft. sq.fft. sq./ft.
(14)
Minimum Lot 2.3 acres 12500 7200 7200 ---
Area for Duplexes sq./ft.
(2)
sq./ft. sq./ft.
.
Minimum Lot 135 ft 60 ft 50 ft 40 ft 70 ft 70 ft 70ft
Width: (3)
Minimum lot 20 ft 20 ft 20 ft 20 ft ---
frontage on cul-
de-sac, sharp
curve, or
panhandle: (16)
19.12.030 B. DEVELOPMENT CONDITIONS.
I. a. The maximum density for multiple family zones may be achieved only through the
application of residential density incentive provisions outlined in Chapter 19.26.
b. The maximum net density for the single family zones is the same as the base density,
provided that for PRD developments the maximum density may be increased by up to 20%
only through the application of residential density incentive provisions outlined in Chapter
19.26.
2. The minimum lot sizes for duplexes applies to lots or parcels which existed on or before the
effective date of this ordinance. All new duplex lots created through the subdivision, or
short subdivision process, must include a ''D4plex Disclosure", and comply with the density
612197 49
I
:
requirements of the Comprehensive Plan (5 units per acre for the R-4.5 zone and 8 units per
acre for the R-6.5 and R-8 zones).
3. These standards may be modified under the provisions for zero-lot-line and townhome
developments.
4. a. Height limits may be increased when portions of the structure which exceed the base
height limit provide one additional foot of street and interior setback beyond the required
setback for each foot above the base height limit, provided that the maximum height may
not exceed 60 feet.
b. Multiple family developments, located outside of Planning Area 1, abutting or adjacent to
single family residences, areas zoned as single family, or areas identified in the
Comprehensive Plan as single family, may have no more floors than the adjacent single
family dwellings, when single family is the predominant adjacent land use.
5. Applies to each individual lot. Building coverage and impervious surface area standards for:
a.Regional uses shall be established at the time of permit review; or
b. Nonresidential uses in residential zones shall comply with MMC 19.12.200.
6. a. The densities listed for the single family zones are maximum net densities.
b. Mobile home parks shall be allowed a maximum density of eight dwelling units per acre,
unless located in the R-4.5 or R-6.5 zones, in which case they are limited to the density of
the underlying zone.
7. The standards of the R-4.5 zone shall apply if a lot is less than 15,000 square feet in area.
8. On a case-by-case basis, the street setback may be reduced to 10 feet provided that at least
20 linear feet of driveway is provided between any garage, carport, or other fenced parking
area and the street property line, or the lot takes access from an alley. The linear distance
shall be measured along the centerline of the driveway from the access point to such garage,
carport or fenced area to the street property line. In the case of platted lots, no more than
two consecutive lots may be reduced to 10 feet.
9. Residences shall have a setback of at least 50 feet from any property line if adjoining an
Agricultural zone either within or outside the city limits.
10. For townhomes or apartment development, the setback shall be the greater of:
a. 20 feet along any property line abutting R-4.5 through R-8, and RU zones; or
b. The average setback of the R-4.5 through R-8 zoned single-family detached dwelling
units from the common property line separating said dwelling units from the adjacent
townhome or apartment development, provided the required setback applied to said
development shall not exceed 60 feet. The setback shall be measured from said property
line to the closest point of each single-family detached dwelling unit, excluding projections
. allowed per MMC 19.12.160 and accessory structures existing at the time the townhome or
apartment development receives approval by the City.
11. On any lot over l acre in area, an additional 5 percent may be used for buildings related to
agricultural or forestry practices.
12. The maximum building coverage shall be 10 percent where the lot is between 1.0 and 1.25
acres in area. The maximum shall be 15 percent where the lot is less than 1 acre in area.
13. The impervious surface area shall be:
a Twenty percent when the lot is between I. 0 and 1.25 acres; and
b. Thirty-five percent when the lot is Jess than 1 acre in area.
14. Outside Planning Area 1, in the Single Family High Density zone, the Small Lot zone will be
allowed through the PRD process with the minimum lot size being 5000 square feet.
15. Single family lots within the R12-28 zones shall utilize the dimensional requirements of the
R-8 zone, except the base density. .
16. Provided that the front yard setback shall be established as the point at which the lot meets
the minimum width requirements.
6/2/97 50
19.12.040 A Densities and Dimensions -Resource and Commercial/Industrial Zones
STANDARDS· I NB BC GC DC MU{l6) BP Ll GI
Base Density: (8) 12 12 12 28 (I) ---
Dwellin• Unitf Acre i
• MaximumDensity: -None None None 34 (2) ---! i Dwelling Unit/Acre (17) (17) (17)
Minimum Street Setback 20 ft None None None None None None None
(4) (10) (10) (10) (10)(11) (10) (!OJ (10)
Minimum Interior Setback 10 ft. 25 ft 25 ft 25 ft 20 ft. (12) 25 ft (6) 25 ft(6)
side 20 (6) (6) (6) 10 ft. (13) 50 ft (7) 50 ft (7)
ft rear
Base Height (9) 25 ft 55 ft 35 ft 85 ft 45 ft,85 ft 45 ft 65 ft 65 ft
(14)
Maximum lmpervious 75% 85% 85% 85% 85%,75% 75% 85% 85%
Surface: Percenta.re (15)
19.12.040 B. DEVELOPMENT CONDITIONS.
I. These densities are allowed only through the application of mixed use development standards.
2. These densities may only be achieved in the downtown portion of Planning Area l through the
application ofresidential density incentives, see MMC 19.26.
3. (Reserved)
4. Gas station pump islands shall be placed no closer than 25 feet to street front lines. Pump
island canopies shall be placed no closer than 15 feet to street front lines.
5. (Reserved)
6. 25 foot setback only required on property lines adjoining residentially designated property,
otherwise no specific interior setback requirement.
7. 50 foot setback only required on property lines adjoining residentially designated property for
industrial uses established by conditional use pennits, otherwise no specific interior setback
requirement. .
8. Residential units are permitted iflocated above a ground level commercial use.
9. Height limits may be increased when portions of the strocture building which exceed the base
height limit provide one additional foot of street and interior setback beyond the required
setback for each foot above the base height limit.
l 0. Subject to sight distance review at driveways and street intersections.
11. A 20 foot setback in required for multiple family structures outside of the downtown portion
of Planning Area 1.
12. A 20 foot setback is only required for commercial structures on property lines adjoining
residentially designated property, otherwise no specific interior setback requirement.
13. A 10 foot setback is only required for multiple family structures on property lines adjoining
single family residentially designated property, otherwise the minimum setback is 5 feet.
14. The 85 foot base height applies only to the downtown portion of Planning Area 1.
15. The 85% impervious surface percentage applies to commercial developments, and the 75%
rate applies to multiple family developments.
16. Reduced building setbacks and height requirements may be approved on a case-by-case basis
to provide flexibility for innovative development plans, provided that variances requests which
are greater than ten percent of the required setback shall be considered by the Hearing
Examiner.
17. Subject to the application of the residential density incentive requirements of Chapter 19.26.
612{91 " 51
19.12.050 Measurement methods. The
following provisions shall be used to
determine compliance with this title:
A. Street setbacks shall be measured from
the existing edge of a street right-of-way or
temporary turnaround or in the case of a
substandard street, the setbacks shall be
measured from the edge of the ultimate
right-of-way section planned for the street,
except as provided by MMC 19.12. 150;
B. Impervious surface calculations shall not
include areas of turf, landscaping, natural
vegetation, 5 ft. (or less) wide pedestrian
walkways or surface water
retention/detention facilities.
19.12.060 Calculations allowable
dwelling units. Permitted number of units
area shall be determined as follows:
A. The maximum allowed number of
dwelling units shall be computed by
multiplying the net project area (in acres) by
the applicable residential density;
B. When calculations result in a fraction, the
fraction shall be rounded to the nearest
whole number as follows:
1. Fractions of .50 or above shall be
rounded up, provided this will not exceed the
base density; and
2. Fractions below .50 shall be rounded
down.
19.12.070 Calculations -site area used for
density calculations.
A. All areas of a commercial site may be
used in the calculation of allowed residential
density.
B, . Sensitive areas and their buffers may be
used for ·calculation of allowed residential
density whenever two or more residential
lots or dwelling units are created subject to
the on-site transfer provisions outlined in
Section 19.24.360.
C. The net project area of a multiple family
or single family site may be used in the
calculation of allowed residential density.
19.12.080 Lot area prohibited
reduction. Any portion of a lot that was
required to calculate and ensure compliance
with the standards and regulations of this
title shall not be subsequently subdivided or
segregated from such lot.
612197
19.12.090 Lot area -mm1mum lot area
for construction. Except as provided for in
Chapter 19.48 MMC:
A~ In the R zones, a single-family dwelling
may be established on an existing vacant lot,
which has not been previously occupied, and
cannot satisfy the bulk or dimensional
requirements of this chapter, provided the
following criteria are met
(1) The lot was established by a conveyance
of record prior to 1970 and its dimensions
have not been modified since said
conveyance; or the lot was created by an
approved plat and satisfied the bulk and
dimensional requirements applicable at the
time of its creation, and
(2) The lot has not lost its independent status
by being developed and occupied in
conjunction with an adjoining lot under
single ownership, thereby merging the lots as
a single unit, and
(3) The lot is not less than 4,000 square feet
in size, or such greater size as may be
required by the Snohomish health district if
an on-site sewage disposal system is
involved, and
(4) Development of the lot will comply with
all bulk and dimensional regulations in this
chapter relating to setbacks, maximum lot
coverage and off-street parking, as such
regulations exist on the date of application
for development permits.
B. In the RU zone:
1. Construction shall not be permitted on a
lot containing less than 5,000 square feet;
and
2. Construction shall be limited to one
dwelling unit and residential accessory uses
for lots containing greater than 5,000 square
feet, but less than 12,500 square feet.
19.12.100 Setbacks -Specific building or
use. When a building or use is required to
maintain a specific setback from a property
line or other building, such setback shall
apply only to the specified building or use.
19.12.110 Setbacks -modifications. The
following setback modifications are
permitted:
A. When the common property line of two
lots is covered by a building(s), the setbacks
required by this chapter shall not apply along
the common property line; and
52
B. When a lot is located between lots having
nonconforming street setbacks, the required
street setback for such Jot may be the
average of the two nonconforming setbacks
or 60 percent of the required street setback,
whichever results in the greater street
setback.
19.12.120 Setbacks -from regional utility
corridors.
A. In subdivisions and short subdivisions,
areas used as regional utility corridors shall
be contained in separate tracts.
B. In other types of land development
permits, easements shall be used to delineate
such corridors.
C. All buildings and structures shall
maintain a minimum distance of five feet
from property or easement lines delineating
the boundary of regional utility corridors,
except for utility structures necessary to the
operation of the utility corridor.
19.12.130 Setbacks -from private roads
or .access easements.
Lots adjacent to a private road or access
easements, serving two or more lots, shall
provide the required front yard setback for
the underlying zone.
19.12.140 Setbacks -from alley.
A. Structures may be built to 5 feet of the
property line abutting an alley, except as
provided in subsection B.
B. Vehicle access points from garages,
carports or fenced parking areas shall be set
back from the alley property line to provide a
straight line length of at least 26 feet from
the access point to the opposite edge of the
alley. No portion of the garage or the door
in motion may cross the property line.
19.12.150 Setbacks -adjoining half-street
or designated arterial. In addition to
providing the standard street setback, a Jot
adjoining a half-street or designated arterial
shall provide an additional width of street
setback sufficient to accommodate·
construction of the planned half-street or
arterial.
19.12.160 Setbacks -projections allowed.
Projections may extend into required
setbacks as follows:
612/97
A. Fireplace structures including eaves, and
factory built garden windows may project
into any setback, provided such projections ·
are:
1. Limited to two per facade;
2. Not wider than 10 feet; and
3. Not more than 24 inches into a side
setback or 30 inches into a front or rear
setback;
B. Uncovered porches and decks which
exceed 30 inches above the finished grade
may project:
1. Eighteen inches into side setbacks, and
2. Five feet into the front or rear setback;
C. Uncovered porches and decks not
exceeding 30 inches above the finished grade
may project to the property line;
D. Eaves may not project more than:
1. Twenty-four inches into a side setback,
2. Thirty-four inches into a front or rear
setback, or
3. Eighteen inches across a lot line in a
zero-lot-line development; and
19.12.170 Height -exceptions to limits.
The following structures may be erected
above the height limits of MMC 19.12.030-
.040.
A. Roof structures housing or screening
elevators, stairways, tanks, ventilating fans
or similar equipment required for building
operation and maintenance; and
B. Fire or parapet walls, skylights,
chimneys, smokestacks, church steeples,
television, radio and ham radio antennas, and
utility line towers and poles.
19.12.180 Lot divided by zone boundary.
When a lot is divided by a zone boundary,
the following rules shall apply:
A. When a lot contains both residential and
non-residential zoning, the zone boundary
between the zones shall be considered a lot
line for determining permitted building height
and required setbacks on the site;
B. When a lot contains residential zones of
varying density, any residential density
transfer within the lot shall only be allowed
from the portion with the lesser residential
density to that of the greater residential
density; and
C. Uses on each portion of the lot shal.I only
be those permitted in each zone pursuant to
MMC 19.08.
53
19.12.190 Sight distance requirements.
Except for traffic control signs, the following
sight distance provisions shall apply to all
intersections and site access points:
A. A sight distance triangle area as
determined by Section 19.12.190.B shall
contain no fence, berm, vegetation, on-site
vehicle parking area, signs or other physical
obstruction between 30 inches and eight feet
above the existing street grade;
NOTE: The area of a sight distance
triangle between 30 inches and eight feet
above the existing street grade shall remain ·
open.
B. The sight distance triangle at:
l. A street intersection shall be determined
by measuring 15 feet along both street
property lines beginning at their point of
intersection. The third side of the triangle
shall be a line connecting the endpoints of
the first two sides of the triangle; or
2. A site access point shall be determined by
measuring 15 feet along the street lines and
15 feet along the edges of the driveway
beginning at the respective points of
intersection. The third side of each triangle
shall be a line connecting the endpoints of
the first two sides of each triangle; and
C. The Planning Director may require
modification or removal of structures or
landscaping located in required street
setbacks, if
1. Such improvements prevent adequate
sight distance to drivers entering or leaving a
driveway, and,
2. No reasonable driveway relocation
alternative for an adjoining lot is feasible.
19.12.200 Nonresidential land uses . in
residential zones. Except for utility
facilities and uses listed in MMC 19.08.100,
all nonresidential uses located in the RU or R
zones shall be subject to the following
requirements:
A. Building coverage shall not exceed:
1. Twenty percent of the site in the RU
zone.
2. · Fifty percent of the site in the R-4.5
through R-8 zones.
3. Sixty percent of the site in the R-12
through R-28 zones.
B. Impervious surface coverage shall not
exceed:
1. Thirty-five percent of the site in the RU
zone.
6/2/97
2. Seventy percent of the site in the R-4.5
through R-8 zones.
3. Eighty percent of the site in the R-12
through R-28 zones.
C. Buildings and structures, except fences
and wire or mesh backstops, shall not be
closer than 30 feet to any property line,
except as provided in subsection D.
D. A single detached dwelling unit allowed
as accessory to a church or school shall
conform to the setback requirements of the
zone.
E. Parking areas are permitted within the
required setback area from property lines,
provided such parking areas are located
outside of the required landscape area.
F. Sites shall abut or be accessible from at
least one public street functioning at a level
consistent with City of Marysville street
design standards. New high school sites
shall abut or be accessible from a public
street functionin~ as an arterial per the City
of Marysville design standards.
G. The base height shall conform to height
limitation of the zone in which the use is
located.
19.12.210 Building setbacks
Multiple-family dwellings and townhouse
buildings.
No multiple-family residential building or
townhouse building, or portion of such
building, shall be closer than 15 feet from
any other building.
19.12.220 Building setbacks
Dwellings above ground floor of
commercial uses.
Dwelling units constructed above ground
floor commercial uses shall not be required
to comply with residential setback
requirements. Provided that such dwelling
units shall be constructed in compliance with
commercial and residential standards of the
fire code and the building code.
19.12.230 Yard setbacks for accessory
buildings.
A detached one-story garage, carport or
other permitted accessory building, not over
750 square feet in area, may be located in the
rear yard, provided that the detached
accessory building shall be five feet or more
from the rear and side lot lines and the
principal building or any other accessory
54
building. In the case of a detached accessory
building on a through lot, the building shall
be located no nearer to either street lot line
than the depth of the required front yard on
either street. In the case of a corner lot, the
building shall be located no closer to the side
street lot line than the required yard of the
adjoining lot. Detached accessory buildings
exceeding one story and/or 750 square feet
in area shall provide minimum required yards
for principal buildings in the zone. A
permitted detached accessory building shall
cover no more than 50 percent of the
required rear yard.
612197 55
l ;
CHAPTER 19.14 DEVELOPMENT
STANDARDS DESIGN
REQUIREMENTS
SECTIONS:
19.14.010 Purpose
19.14.020 General layout standards
19.14.030 Lot segregations -Zero lot
19.14.040
19.14.050
line development
Reserved
Townhome and apartment
development
19.14.060 Commercial, multiple family,
townhome, duplexes, group
residences -Applicability
19.14.070 Multiple family, townhome,
and group residences
Vehicular access and parking
19.14.080
19.14.090
19.14.100
location
Building facade modulation
. Roofline variation
On-site recreation -Space
required
19.14.110 On-site recreation -Play
areas required
19.14.120 On-site recreation
Maintenance of recreation
space or dedication
19.14.130 On-site recreation -Fee in-
lieu of recreation space
19.14.140 On-site recreation
Acceptance criteria for fee in-
lieu of recreation space
19.14.150 Storage space and collection
19.14.160
19.14.170
19.14.180
points for recyclables
Fences
Fence variance requests
Special limitations in the
Rl2-28 zones
19.14.190 Special limitations in business
and commercial zones
19.14.200 Special limitations in the
industrial zones
19.14.210 Duplex Performance and
Design Standards
19.14.010 Purpose. The purpose of this
chapter is to improve the quality of urban
development by providing building and site
design standards tbat:
A. Reduce the visual impact of large
residential buildings from adjacent streets
and properties;
6/2/97
B. Enhance the aesthetic character of large
residential buildings;
C. Contain sufficient flexibility of standards
to encourage creative and innovative site and
building design; and
D. Meet the on-site recreation needs of
project residents.
19.14.020General layout standards. For
residential developments in the R zones:
A. The maximum length of blocks shall be
1,320 feet; and
B. Except for comer lots, lots for single
detached dwellings shall not have street
frontage along two sides unless one of said
streets is a neighborhood collector street or
an arterial street.
19.14.030Lot segregations -Zero lot line
development. In any PRD overlay zone,
interior setbacks may be modified during
subdivision or short subdivision review as
follows:
A. If a building is proposed to be located
within a normally required interior setback:
l. An easement shall be provided on the
abutting lot of the subdivision that is wide
enough to ensure a I 0-foot separation
between the walls of structures on adjoining
lots, except as provided for common wall
construction;
2. The easement area shall be free of
structures and other obstructions that would
prevent normal repair and maintenance of the
structure's exterior;
3. Buildings utilizing reduced setbacks shall
not have doors that open directly onto the
private yard areas of abutting property.
Windows in such buildings shall not be
oriented toward such private yard areas
unless they consist of materials such as glass
block, textured glass, or other opaque
materials, and shall not be capable of being
opened, except for clerestory-style windows
or skylights; and
4. The final plat or short plat shall show the
approximate location of buildings proposed
to be placed in a standard setback area.
19.14.040Reserved
19.14.0SOTownhome and apartment
development. In the PRD-4.5-8 zones, a
building that contains a grouping of attached
townhome or apartment units shall not
56
exceed a 120 foot maximum length without a
separation of at least 20 feet from other
groupings or rows of townhomes or
apartments.
19.14.060Commercial, multiple family,
townhome, duplexes, group residences -
Applicability. The standards of
MMC 19.14.070 through 19.14.090 shall
apply to all new commercial, multiple family,
townhome, duplexes, group residences, and
any substantial improvement which includes
structural modification, addition or other
improvement of a structure, the cost of
which equals or exceeds 50 percent of the
market value of the structure before the
modification or addition is started.
19.14.070Multiple family, townhome, and
group residences -Vehicular access and
parking location.
A. On sites abutting an alley, apartment,
townhome and all group residence
developments shall have parking areas
placed to the rear of buildings with primary
vehicular access via the alley, except when
waived by the Planning Director due to
physical site limitations.
B. When alley access is available, and
provides adequate access for the site, its use
will be encouraged. ·
C. When common parking facilities for
attached dwellings and group residences
exceed 30 spaces, no more than 50 percent
of the required parking shall be permitted
between the street property line and any
building, except when authorized by the
Planning Director due to physical · site
limitations.
D. Direct parking space access to an alley
may be used for parking lots with five or
fewer spaces.
19.14.080 Building facade modulation.
All new developments shall provide building
facade modulation on facades exceeding 30
feet in length. The following standards shall
apply: ·
A. The maximum wall length without
modulation shall be 30 feet;
B. The minimum modulation depth shall be
three feet;
C. The minimum modulation width shall be
eight feet; and
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D. Any other technique approved by the
Planning Director that achieves the intent of
this section.
19.14.090 Roofline variation. All new
developments shall provide roofline variation
on rooflines exceeding 3 0 feet according to
the following standards:
A. The maximum roof length without
variation shall be 30 feet;
B. The minimum horizontal or vertical
offset shall be three feet;
C. The minimum variation length shall be
eight feet; and
D. Roofline variation shall be achieved using
one or more of the following methods:
1. Vertical off-set in ridge line;
2. Horizontal off-set in ridge line;
3. Variations of roof pitch;
4. Gables;
5. False facades; or
6. Any other technique approved bY the
Planning Director that achieves the intent of
this section.
19.14.lOOOn-site recreation Space
required.
A. Except when fees-in-lieu of commonly
owned recreation space are provided
pursuant to MMC 19.14.110 through
19.14.140, multiple family developments in
the R12-28 and Mixed Use zones shall
provide recreation space as follows:
Type of Outdoor Active
dwelling Open Space Recreation
unit Facilitv
(a) Studio : 90 square 45 square
and one feet per unit feet per unit
bedroom ' (b) Two 130 square 65 square
bedroom feet oer unit feet oer unit
(c) Three or 170 square 85 square
more feet per unit feet per unit
bedroom
B. Any recreation space located outdoors
shall:
1. Be of a grade and surface suitable for
recreation;
2. Be on the site of the proposed
development;
3, Contain at least 5,000 square feet in area,
provided that when more than one recreation
space is proposed, only one of the proposed
. 57
recreation spaces is required to meet the area
requirement;
4. Have no dimensions less than 30 feet
(except trail segments);
5. In an apartment or townhome
development, have a street roadway or park-
ing area frontage along IO to 50 percent of
the. recreation space perimeter (except trail
segments);
6 •. Be centrally located and accessible and
convenient to all residents within the
development ; and
C. Indoor recreation areas may be credited
towards the total recreation space
requirement, when the City determines that
such areas are located, designed and
improved in a manner which provides
recreational opportunities functionally
equivalent to those recreational opportunities
available outdoors.
D. Active recreation facilities may include,
but are not limited to, exercise rooms, sport
courts, swimming pools, tennis courts, game
rooms, or community center . Outdoor open
space shall not include areas devoted to,
parking or vehicular access, and should be
one continuous tract.
19.14.UOOn-site recreation -Play areas
required.
A. All apartment, and townhome
development, excluding senior citizen
apartments, shall provide tot/children play
areas within the recreation space on-site,
except when facilities are available within 1/4
mile that are developed as public parks or
playgrounds and are accessible without the
crossing of arterial streets.
B. If any play apparatus is provided in the
play area, the apparatus shall meet Consumer
Product Safety Standards for equipment, soft
surfacing and spacing, and shall be located in
ari area that is:
1. At least 400 square feet in size with no
dimension less than 20 feet; and
2. Adjacent to main pedestrian paths or
near building entrances.
3. Visual access from adjacent residential
structures is provided.
19.14.l200n-site recreation
Maintenance of recreation space or
dedication.
A. Unless the recreation space is dedicated
to City of Marysville pursuant to subsection
6/2/97
B., maintenance of any recreation space
retained in private ownership shall be the
responsibility of the owner or other separate
entity capable of long-term maintenance and
operation in a manner acceptable to the City.
B. Recreation space may be dedicated as a
public park when the following criteria are
met:
1. The dedicated area is at least I. 5 acres in
size, except when adjacent to an existing or
planned public park; and
2. The dedicated land provides one or more
of the following:
a. Shoreline access,
b. Regional trail linkages,
c. Habitat linkages,
d. Recreation facilities, or
e. Heritage sites.
3. The entire dedicated area is located less
than 1 mile from the project site.
19.14.1300n-site recreation -Fee in-lieu
of recreation space • Nothing herein shall
prohibit voluntary agreements with the city
that allow a payment in lieu of providing on-
site open space or recreation when a
proposed development is located within
I 000 feet of an existing or proposed
recreational facility.
19.14.1400n-site recreation -Acceptance
criteria for fee in-lieu of recreation space •
City of Marysville acceptance of this
payment is discretionary, and may be
permitted if:
A. The proposed on-site recreation space
does not meet the criteria of MMC
19.14.120.B; or .
B. The recreation space provided within . a
public park in the vicinity will be of greater
benefit to the prospective residents of the
development.
19.14.150Storage space and collection
points for recyclables. Developments shall
provide storage space for the collection of
recyclables as follows:
A. The storage space shall be provided at
the rate of:
1. One and one-half square feet per
dwelling unit in multiple-dwelling
developments except where the development
is participating in a public agency-sponsored
or approved direct collection program in
58
which individual recycling bins are used for
curbside collection;
2. Two square feet per every l, 000 square
feet of building gross floor area in office,
educational and institutional developments;
3. Three square feet per every 1,000 square
feet of building gross floor area in
manufacturing and other non-residential
developments; and
4. Five square feet per every 1,000 square
feet of building gross floor area in retail
developments.
B. The storage space for residential
developments shall be apportioned and
located in collection points as follows:
1. The required storage area shall be
dispersed in collection points throughout the
site when a residential development
comprises more than one building.
2. There shall be one collection point for
every 30 dwelling units.
3. Collection points may be located within
residential buildings, in separate
buildings/structures without dwelling units,
or outdoors.
4. Collection points located in separate
buildings/structures or outdoors shall be no
more than 200 feet from a common entrance
of a residential building.
5. Collection points shall be located in a
manner so that hauling trucks do not
obstruct pedestrian or vehicle traffic on-site,
or project into any public right-of-way.
C. The storage space for non-residential
development shall be apportioned and
located in collection points as follows:
1. Storage space may be allocated to a
centralized collection point.
2. Outdoor collection points shall not be
located in any required setback areas.
3. Collection points shall be located in a
manner so that hauling trucks do not
obstruct pedestrian or vehicle traffic on-site,
or project into any public right-of-way.
4. Access to collection points may be
limited, except during regular business hours
and/or specified collection hours. .
D. The collection points shall be designed as
follows:
1. Dimensions of the collection points shall
be of sufficient width and depth to enclose
containers for recyclables.
2. Architectural design of any structure
enclosing an outdoor collection point or any
building primarily used to contain a
6/2197
collection point shall be consistent with the
design of the primary structure(s) on the site.
3. Collection points shall be identified by
signs not exceeding two square feet,
4. A six foot wall or fence shall enclose any
outdoor collection point, excluding
collection points located in industrial
developments that are greater than 100 feet
from residentially zoned property.
5. Enclosures for outdoor collection points
and buildings used primarily to contain a
collection point shall have gate openings at
least 12 feet wide for haulers. In addition,
the gate opening for any building or other
roofed structure used primarily as a
collection point shall have a venical
clearance of at least 12 feet.
6. Weather protection of recyclables shall
be ensured by using · weather-proof
containers or by providing a roof over the
storage area. .
E. Only recyclable materials generated on-
site shall be collected and stored at such
collection points. Except for initial sorting
of recyclables by users, aJ1 other processing
of such materials shall be conducted off-site.
19.14.160Fences.
A. The maximum height of fences are as
follows:
Residential zones on non-arterial streets:
Front yard--4 feet solid or 6 feet if entirely
open work fence. Side yard--6 feet. Rear
yard--6 feet.
Residential zones on arterial streets:
Front yard--6 feet provided that the top two
feet are constructed as an open work fence.
Side yard--6 feet. Rear yard--6 feet.
Business and Commercial Zones: All yards.--
8 feet
Industrial Zones: All yards..-I 0 feet.
B. When a protective fence is located on top
of a rockery within the required setback area,
any portion of the fence above a height of six
feet sha11 be an open-work fence;
C. No barbed or razor-wire fence shall be
located in any residential zone or any
commercial zone, except for the confinement
of livestock.
D. Open wire mesh or similar type fences
may be erected in excess of the maximum
heights permitted in this code on the
periphery of playgrounds associated with
private and public schools and parks, public
facilities, transmitter and transformer sites,
59
and government installations where security
or public safety is required.
E. The height of a fence or freestanding
wall, retaining wall or combination of the
same, shall be measured from its top surface,
board, rail, or wire to the natural elevation of
the ground on which it stands.
F. There shall be no setback requirements
for fences and freestanding walls in side
yards or rear yards. In front yards solid
fences and freestanding walls, between four
an.d six feet in height, shall be set back at
least twenty feet from the street right-of-
way; provided, that for a comer lot the 20
foot setback shall only apply to the street
which provides primary access to the lot.
This setback requirement may be waived or
modified by the City Engineer or his
designee if a fence is designed and
constructed so that it does not cause a public
safety hazard by obstructing visibiltty of
pedestrians or motorists using streets,
driveways or sidewalks. A four foot fence,
or six foot fence with the top two feet
constructed as an open work fence, may be
constructed on the front property line,
provided the fence is designed and
constructed so that it does not cause a public
safety hazard by obstructing visibility of
pedestrians or motorists using streets,
driveways or sidewalks. For special rules
relating to fences and walls near fire
hydrants, see Section 14.03.050 (b) and the
Uniform Fire Code.
19.14.170 Fence variance requests.
(a) In considering a request for a
modification of the fence requirements
outlined in Section 19 .14 .160, the hearing
examiner shall consider the following factors:
(I) If the proposed fence is designed and
constructed so that it does not cause a public
safety hazard by obstructing visibility of
pedestrians or motorists using streets,
driveways or sidewalks;
(2) The proposed fence will not infringe
upon or interfere with utility and/or access
easements or covenant rights or
responsibilities;
(3) Other information which is relevant and
necessary to make a determination as to the
validity of the request for variation. Such
additional information may include site plans,
elevation drawings, and information
612197
concerning the surrounding properties and
uses.
19.14.180 Special limitations in the
R12-28 zones.
Where a single lot or a combination of lots
under single 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.
19.14.190 Special limitations in the
business and commercial zones.
Where lighted signs and illuminated areas are
permitted, such illuminating devices shall be
shaded and/ or directed so as not to visibly
create a nuisance to any property in a
residential zoning classification.
19.14.200 Special limitations in the
industrial zones.
A. Where illuminated signs and illuminated
areas are permitted, such illuminating devices
shall be shaded and/or directed so as not to
visibly create a nuisance to any property in a
residential zone classification.
B. Industrial and exterior lighting shall not
be used in such a manner that it produces
glare on public highways. Arc welding,
· acetylene-torch cutting, or similar processes
shall be performed so as not to be seen from
any point beyond the outside of the property.
C. The storage and handling of inflammable
liquids, liquefied petroleum, gases, and
explosives shall comply with rules and
regulations falling under the jurisdiction of
the city's fire chief, and the laws of the state
of Washington. Bulk storage of inflammable
liquids below ground shall be permitted, and
the tanks shall be located not closer to the
property line than the greatest dimension
(diameter, length or height) of the tank.
D. Provisions shall be made for necessary
shielding or other preventive measures
against interference as occasioned by
mechanical, electrical and nuclear equipment,
and uses or processes with electrical
apparatus in nearby buildings or land uses.
E. Liquid and solid wastes, storage of
animal or vegetable waste which attract
insects or rodents or otherwise create a
health hazard shall be prohibited. No waste
60
products shall be exposed to view from eye
level from any property line in an industrial
district.
19.14.210 Duplex Performance and
Design Standards
In addition to the regulations set forth in
MMC 19.40.070 through 19. 14.090, all new
duplexes located within any residential zone
shall meet the following standards and
regulations:
A. Bulk and setback variation. Each
duplex structure shall have horizontal or
vertical variation within each dwelling unit's
front building face and between the front
building faces of all adjacent units/structures
to provide visual diversity to the duplex
structures and individual identity to duplex
units. Upon building permit or conditional
use pemnt (if required) application, a plot
plan of the entire structure in which each unit
is located shall be provided by the builder to
show compliance with this requirement. The
planning director shall review and approve or
deny the building design which may
incorporate variations in rooflines, setbacks
between adjacent buildings or lots, and other
structural variations. Where the applicant
and the planning director are not able to
reach agreement on the provisions of the
final building design, the dispute shall be
submitted to the hearing examiner in
accordance with the procedures established
in Title 15 "Development Code
Administration".
B. Building Plans. The same building
plan cannot be utilized on consecutive lots.
''Flip-flopping'' of plans is not permitted.
PROVIDED that upon demonstration to the
Planning Director that the alteration of
building facades would provide comparable
visual diversity and individual identity to the
duplexes as different building plans, this
provision shall not apply. Materials and/or
methods which may be utilized to achieve
visual diversity include, but are not limited to
use of differing siding material, building
modulations and roofline variations.
C. Landscaping. At the time of
application for a building permit or
conditional use permit (if required), the
developer shall submit landscaping plans for,
at a minimum all front and side setbacks and
612191
common open space areas associated with
the building for which permit application is
made. Landscaping shall consist of two
native trees per unit, planted in the front
yard, which are at least I 1/2" in caliper for
deciduous or 6' in height for evergreen trees,
plus a mixture of trees, shrubs and ground
cover as appropriate to the site. All required
landscaping_ shall be installed in accordance
with the plans prior to issuance of an
occupancy permit. Where applicable, street
frontage landscaping shall comply with the
city's streetscape plan.
D. Orientation. Building orientation
should be utilized as a method to provide
visual diversity and individual identity to the
duplex structures; PROVIDED that where
physical or economic considerations make
such orientation impractical, this provision
shall not apply.
61
CHAPTER 19.16 DEVELOPMENT
STANDARDS LANDSCAPING
SECTIONS:
19.16.010 Purpose
19.16.020 Application
19.16.030 Landscaping materials and
maintenance.
19.16.040 Berms and walls.
19.16.050 Native trees.
19.16.060 Mixed use developments.
19.16.070 Modification due to site
characteristics.
19.16.080 Descriptions of Screens and
Landscaping Types.
19.16.090 Required buffers by use.
19.16.100 Landscaping Requirements
for Parking and Outdoor
Display Areas.
19.16.110 Landscaping-Plan Required.
19.16.120 Landscaping -Maintenance.
19.16.130 Landscaping-alternative
options.
19.16.010 Purpose. The purpose of this
chapter is to preserve the aesthetic character
of communities; to improve the aesthetic
quality of the built environment; to promote
retention and protection of existing
vegetation; to reduce the impacts of
development on drainage systems and natural
habitats; and to increase privacy for
residential zones by:
1. Providing visual relief from large
expanses of parking areas and reduction of
perceived building scale;
2. Providing physical separation between
residential and non-residential areas;
3. Providing visual screens and barriers as
a transition between differing land uses;
4. Retaining existing vegetation and
significant trees by incorporating them into
the site design where applicable; and ·
5. Providing increased areas of permeable
surfaces to allow for:
(a) Infiltration of surface water into.·
groundwater resources;
(b) Reduction in the quantity of stonn
water discharge; and
(c) Improvement in the quality of storm
water discharge.
19.16.020 Application. All new
commercial, industrial, and multiple family
6/2/97
developn:ient, substantial improvements, or
changes m occupancy shall be subject to the
provisions of this chapter. For the purpose
of this chapter, a substantial improvement
means any, structural modification;·· addition
or other improvement of a structure, th~·oost
of which equals or exceeds 50 percent of th@
market value of the structure before the'1,
modification or addition is started, provided ·
that specific landscaping provisions for uses
established through a conditional use permit
sha!l be determined during the applicable
reVIew process.
19.16.030 Landscaping materials and
maintenance. 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. For the
maintenance and/or replacement of
landscaped areas, a bond or assignment of
funds shall be required in an amount equal to
25% of the cost of the landscaping work,
and for a minimum duration of one year.
19.16.040 Berms and walls. Berms and
walls for noise screening, may be required by
the Hearing Examiner or Planning Director
in accordance with recommendations from a
qualified sound consultant
19.16.050 Native trees. Where a site has
substantial numbers of native trees, site
development shall be sensitive to the
preservation of such vegetation, including
the root zone. Prior to any site work, any
trees which have been identified for
preservation shall be fenced at their drip
lines.
19.16.060 Mixed use developments.
Residential structures within a project, shall
be buffered 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.
19.16.070 Modification due to site
characteristics. Except where specifically
prohibited by the hearing examiner, the
62
planning department, concurrently with
action on the final site plan, may waive or
modify landscaping requirements abutting
residentially designated property where
abutting residential uses will not be adversely
affected, and where existing physical
improvements, physiographic features or
innninent 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.
19.16.080 Descriptions of Screens and
Landscaping Types. The following four
basic types of landscaping are hereby
established and are used as the basis for
Requirements set forth in Table 2.
1. Opaque Screen, Type A A screen that is
opaque from the ground to a height of at
least six feet, with intermittent visual
obstructions from the opaque portion to a
height of at least 20 feet An opaque screen
is intended to exclude all visual contact
between uses and to create a strong
impression of spatial separation. The opaque
screen may be composed of a wall, fence,
landscaped earth berm, planted vegetation,
or existing vegetation. Compliance of
planted vegetative screens or natural
vegetation will be judged on the basis on the
average mature height and density of foliage
of the subject species, or field observation of
existing vegetation. The opaque portion of
the screen must be opaque in all seasons of
the year. At maturity, the portion of
intermittent visual obstructions should not
contain any completely unobstructed
openings more than 10 feet wide. The
portion of intermittent visual obstructions
may contain deciduous plants. Suggested
planting patterns that will achieve this
standard are included in administrative
guidelines prepared by the Planning
Department.
2. Semi-Opaque Screen, Type B. A screen
that is opaque from the ground to a height of
three feet, with intermittent visual
obstruction from above the opaque portion
to a height of at least 20 feet. The semi-
opaque screen is intended to partially block
visual contact between uses and to create a
strong impression of the separation of
6/2/97
spaces, The semi-opaque screen may be
composed of a wall, fence, landscaped earth
berm, planted vegetation, or existing
vegetation. compliance of planted vegetative
screens or natural vegetation will be judged
on the basis of the average mature height and
density of foliage of the subject species, or
field observation of existing vegetation. At
maturity, the portion of intermittent visual
obstructions should not contain any
completely unobstructed openings more than
10 feet wide. The zone of intermittent visual
obstruction may contain deciduous plants.
Suggested planting patterns which will
achieve this standard are included in
administrative guidelines prepared by the
Planning Department
3. Broken Screen, Type C. A screen
composed of intermittent visual obstructions
from the ground to a height of at least 20
feet. The broken screen is intended to create
the impression of a separation of spaces
without necessarily eliminating visual contact
between the spaces. It may be composed of
a wall, fence, landscaped earth berm, planted
vegetation, or existing vegetation.
Compliance of planted vegetative screens or
natural vegetation will be judged on the basis
of the average mature height and density of
foliage of the subject species, or field
observation of existing vegetation, The
screen may contain deciduous plants.
Suggested planting patterns which will
achieve this standard are included in
administrative guidelines prepared by the
Planning Department
4. Parking area landscaping, Type D.
Landscaping that provides shade and visual
relief while maintaining clear sight lines
within parking areas, Planting areas should
contain a mixture of , evergreen and
deciduous trees, shrubs and groundcover in
planting islands or strips having an area of at
least 7 5 square feet and narrow dimension of
no less than four feet Suggested planting
patterns which will achieve this standard are
mcluded in administrative guidelines
prepared by the Planning Department.
5. The screening and landscaping
requirements set forth in this section may be
interpreted with some flexibility by the
Planning Director in the enforcement of the
standards. It is recognized that because of
the wide variety of developments and the
relationships between them, it is neither
63
possible nor prudent to establish inflexible
screening requirements. Therefore, minor
deviations may be granted to allow less
intensive screening, or requirements for more
intensive screening may be imposed,
whenever such deviations are more likely to
satisfy the intent of this section.
19.16.090 Table 1 indicates the type and width of required landscape buffers bv use.
TABLE 1
.. PROPOSED USE ADJACENT USE Width of Type
buffer of
buffer
! Commercial Property designated single family by the 20' A*
Marysville Comprehensive Plan.
' Commercial Property designated multiple family by 10' B*
the Marysville Comprehensive Plan.
Commercial, industrial & business Public right-of-way or private access 10' c
park, parking areas and drive aisles roads 30 feet wide or greater.
Commercial, industrial & business Public arterial right-of-way. 20' c
park, parking areas and drive aisles !
Industrial & business park Property designated residential by the 25' A
Marysville Comprehensive Plan.
· Industrial & business park building I-5 or S.R. 9 right-of-way 25' B
and parking areas
Apartment, townhouse, or group Property designated single family by the 10' A*
residence Marysville Comprehensive Plan.
Major communication facilities and Property designated residential by the 5' A*
cellular relay towers Marysville Comprehensive Plan.
Outside storage or waste area. 5' A**
* Plus a six foot solid fence or wall.
* * Or a six foot solid fence or concrete wall.
19.16.100 Landscaping Requirements
for Parking and Outdoor Display Areas.
1 •. Parking areas, or outdoor storage areas
fronting on a street right-of-way shall
provide a landscaped buffer, in accordance
with Table 1, along the entire street frontage
except for driveways, provided, that the
plantings shall not obstruct the sight distance
at street intersections;
3. Ten percent of the parking area shall be
landscaped with Type D landscaping,
provided, that:
2. Additional plantings may be placed on
street rights-of-way behind the sidewalk line
if the property owner provides the city v.ith a
written release of liab11ity for damages which
may be incurred to the planting area from
any public use or right-of-way;
612/97
(a) No parking stall shall be located more
than 45 feet from a landscaped area;
(b) 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;
( c) Parking lots containing less than 20
parking spaces need provide only perimeter
64
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screening to satisfy the 10 percent area
requirements.
4. All landscaped areas shall be protected
from vehicle damage by a six-inch protective
curbing and, if necessary, wheel blocks.
5. The landscaping requirements of this
section may be modified if a development is
located in an area where a special streetscape
plan has been approved by the city.
19.16.110 Landscaping -Plan
Required. A scaled site plan shall be
submitted as part of application for a
building permit. Said site plan shall include:
1. Designation and dimensions of all use
areas within the lot;
2. Boundaries and dimensions of all
landscape areas including location and
common names of all landscape elements;
3. Area, in square feet of individual and
collective landscape areas;
4. Location of screening, where required;
5. Method of irrigation, if applicable.
6. Location of outdoor storage area, if
applicable;
7. Location of driveways.
19.16.120 · Landscaping -Maintenance ..
l. All landscaped areas and plants required
by this chapter must be permanently
maintained in a healthy growing condition in
order to accomplish the purpose for which it
was required.
2. Dead or diseased plants must be
replaced within 30 days of notification, or as
soon as practical in regard to freezing
weather, or complex situations involving the
removal and replacement of large trees.
3. All landscaped areas must be kept free
of debris and weeds.
4. Plant material must not interfere with
public utilities, restrict pedeStrian or
vehicular access, or constitute a traffic
hazard.
5. The owners, their agents and assigns,
are responsible for providing protecting, and
maintaining all landscaping material in a ·
healthy and growing condition, replacing it ·
when necessary, and keeping it free of refuse
and debris.
612/97
6. All fencing, walls and other features
used for screening purposes shall be kept
free of litter, debris, and weeds.
19.16.130 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.
1. 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 15 percent of site area;
2. The width of the perimeter landscape
strip may be reduced up to 25 percent along
any portion where: (I) 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;
3. When an existing structure precludes
installation of the total amount of required
site perimeter landscaping, such landscaping
material shall be incorporated on another
portion of the site;
4. The width of any required perimeter
landscaping may be averaged, provided the
minimum width is not less than 5 feet.
5. The width of the perimeter landscaping
may be reduced up to 10 percent when a
development retains 10 percent of significant
trees or l 0 significant trees per acre on-site
whichever is greater;
6. The landscaping requirement may be
modified when existing conditions on or
adjacent to the site, such as significant
topographic differences, vegetation,
structures or utilities · ·· would render
application of this chapter ineffective or
result in scenic view obstruction;
7. Street perimeter landscaping may be
waived provided a site plan, is approved that
provides a significant amount of street trees
and other pedestrian-related amenities.
65
CHAPTER 19.18 DEVELOPMENT
STANDARDS -PARKING AND
CIRCULATION
Sections:
19.18.010 Off-street parking-General
requirements.
19.18.020 Ingress and egress provisions.
19.18.030 Facilities location.
19.18.040 Provision for building
expansion or enlargement.
19.18.050 Mixed occupancies.
19.18.060 Changes in occupancy.
19.18.070 Joint use.
19.18.075 Conditions for joint use.
19.18.080 Parking area design and
construction.
19.18.090 Uses for which parking is not
specified.
19.18.100 Reduction of required spaces
when effective alternatives to
automobile access are
proposed.
19.18.110 Number of spaces-Fractions.
19.18.120 Spaces required.
19.18.130 Loading areas.
19.18.140 Landscaping requirements for
parking areas.
19.18.150 Variance requests to this
chapter.
19.18.010 Off-street parking
General requirements. Every building
hereafter constructed, reconstructed,
expanded or occupied, or use of property
hereafter established or modified shall be
provided with off-street parking as provided
in this chapter, and such parking areas shall
be made permanently available and
maintained for parking purposes. No building
permit shall be issued until plans showing
provisions for the required off-street parking
have been submitted and approvf;)d as
conforming to the standards of this chapter.
19.18.020 Ingress and egress provisions.
The director of public works shall have
authority to fix the location, width and
manner of approach of vehicular ingress or
egress from a building or parking area to a
public street and to alter existing ingress and
egress as may be required to control traffic in
the interest of public safety and general
welfare.
19.18.030 Facilities location.
612197
1. Parking for one and two-family dwellings
shall be provided on the same lot as the
dwelling unit it is required to serve.
2. Parking for multiple family dwellings
shall be not over 100 feet from the building it
serves.
3. Parking for uses not specified above shall
not be over 500 feet from the building it
serves.
4. All off-street parking spaces for
nonresidential uses shall be located on land
zoned in a manner which would allow the
particular use the parking will serve.
5. If the parking for a building or use is
located on a lot other than the lot upon
which the use for which the parking is
required is located, the owner of the lot
containing the parking shall execute a
covenant in a form acceptable to the city
attorney, stating that the lot is devoted in
whole or in part to required parking for the
use on another lot. The owner of the
property upon which the main use is located
shall record this covenant with the
Snohomish county auditor's office to run
with the properties on which both the
principal use and the off-street parking are
located. The owner shall provide a copy of
the recorded covenant to the planning
department.
19.18.040 Provision for building
expansion or enlargement. Whenever any
building is enlarged in height or ground
coverage, off-street parking shall be
provided for the expansion or enlargement in
accordance with the requirements of the
schedule; provided, however, that no parking
space need be provided in the case of
enlargement or expansion where the number
of parking spaces required for such
enlargement is less than 10 percent of the
parking spaces specified in the schedule for
the building. Nothing in this provision shall
be construed to require off-street parking
spaces for the portion of such building
existing on April 25, 1972.
19.18.050 Mixed occupancies. In the case
of mixed uses, the total requirements for the
various uses shall be computed separately.
Off-street parking facilities for one use shall
not be considered as hereinafter specified for
joint use.
66
19.18.060 Changes in occupancy.
Whenever the occupancy classification of a
building is changed, the minimum standards
for off-street parking for the new occupancy
classification shall be applicable; provided,
that if the existing occupancy had established
a legal nonconforming status with respect to
off-street parking requirements, no additional
off-street parking shall be required for the
new occupancy unless said new occupancy is
in a classification requiring more parking
than that which would have been required
for the existing occupancy if it had been
subject to the provisions of this chapter.
19.18.070 Joint use. The planning director
may, upon application by the owner or Jessee
of any property, authorize the joint use of
parking facilities by the following uses or
activities under the conditions specified
herein:
1. Up to 50 percent of the parking facilities
required by this chapter for primarily
"nighttime" uses such as theaters, bowling
alleys, bars, restaurants and related uses, may
be 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. Up to 5 0 percent of the parking facilities
required by this chapter for primarily
"daytime" uses may be supplied by primarily
llnighttime 11 uses;
3. Up to I 00 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;
4. Up to 100 percent of the parking facilities
required for a park and ride facility may be
supplied by the off-street parking facilities
provided by uses primarily of a "nighttime"
or "weekend" nature such as a church.
19.18.075 Conditions 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 500 feet of such
parking facilities in addition to which:
6/2J'l7
1. The applicant shall show that there is no
substantial conflict in the principal operating
hours of the two building or uses for
which joint use of off-street parking facilities
is proposed; and
2. Parties concerned in the joint use of off-
street facilities shall submit a proper legal
instrument defining the conditions of the
joint use for review and approval of the
planning division and city attorney;
3. In the event of a change in ownership or
use, the joint use instrument may be
terminated upon mutual agreement by all
parties if reviewed and approved by the
planning director. The existing and/or new
uses shall comply with all parking and
landscaping requirements of this chapter for
said uses.
19.18.080 Site Plan Required. A site. plan
for every new or enlarged off-street parking
lot or motor vehicle sales area shall be
approved by the Planning Department prior
to construction. The site plan shall be drawn
utilizing a common engineering scale (e.g.
1"=20' 1"=30' 1"=40') and will show the ' ' proposed/existing development, locations,
size, shape and design of the parking spaces,
curb cuts, lighting, landscaping, irrigation,
parking lot circulation, drainage and other
features of the proposed parking Jot.
19.18.090 Parking area design and
construction.
1. Parking stalls and aisles shall be designed
according to Figure 1, "Minimum Standards
for Off-Street Parking," unless all parking is
to be done by parking attendants on duty at
all times that the parking lot is in use for the
storage of automobiles. When parking
standards require 10 or more parking
spaces, up to 50 percent of the off street
parking spaces required by this chapter may
be designed for compact cars in accordance
with Table II of Figure 1 or Figure 2,
"Compact Car Stall and Aisle
Specifications." Such parking stalls shall be
individually marked in the parking plan
and on each constructed parking stall as
being for compact cars only. Parking at any
angle other than those shown is permitted,
providing the width of the stalls and aisle is
adjusted by interpolation between the
specified standards. Parking shall be so
67
Figure 1
MINIMUM STANDARDS FOR OFF-STREfil' PARKING
Table 1
Conventional Car stall and Aisle Specifications
Parking Angle Dimensions One Way Two Way
Layout
Diagraml Parking Stfill Curb Stall Aisle Parking Aisle Parking
Angle Width Length Depth Width Section Width Section
Width Width
A B c D E F E F
parallel: one side o· 8' 21' 8' 12' 20' 22' 30'
two sides 0 8 21 8 22 38 24 40
angular: 20 8.5 24.9 14.5 11 40 20 49
30 8.5 17 16.9 11 44.8 20 53.8
40 8.5 13.2 18.7 12 49.4 20 57.4
4S 8.5 12 19.4 13.S 52.3 20 58.8 so 8.5 11.1 20 15.S 5S.5 20 60
60 8.5 9.8 20.7 18.S 59.9 22 63.4
70 8.5 9 20.8 19.S 61.1 22 63.6
80 8,5 8& 202 24 6::1:-4 24 64.4
perpendicular: 90 8.5 8.5 19 25 63 25 63
Acceptable Parking Designs
Angular One Way Angular TWQ Way
l
E
F F
TABLE 2
COMPACT CAR STALL AND AISLE SPECIFICATIONS
Parking Angle Dimensions One Way Two Way
Layout
Parking Stall Curb Stall Aisle Parking Aisle Parking
Angle Width Length Depth Width Section Width Section
Width Width
A B c D E F E F
parallel: Q· 8' 20 8' 12' 28' 2Q' 36'
angular: 45 8 11.3 IS 12.S 425 20. so
60 8 9.2 112.5 17 50 22 s::;
perpendicular: 90 8 8 1() 22 54 25 57
designed that automobiles shall not back out
into public streets.
2. Screening in the form of a solid masonry
wall, architectural fences or dense conirerous
hedges shall be erected or planted and
maintained to a height of not less than five
feet where a parking lot has a common
boundary line with any residentially zoned
property.
3. Lighting in areas provided for off-street
parking shall be so arranged to not constitute
a nuisance or hazard to passing traffic, and
where parking lots share a common
boundary line with residentially zoned
property, lighting devices shall be shaded and
directed to play their light away from the
residentially zoned property.
Notwithstanding the provisions of this
subsection, however, it shall not affect or
limit exterior lighting standards as may be
imposed by Chapter 5 of the Marysville
Municipal Code on adult cabarets, adult
motion picture theaters, and adult drive-in
theaters.
4. Maintenance of all areas provided for
off-street parking shall include removal and
replacement of dead and dying trees, grass
and shrubs, removal of trash and weeds, and
repair of traffic-control devices, signs, light
standards, fences, walls, surfacing materials,
curbs, railings and drainage facilities.
5. All off-street parking areas shall be
graded and before an occupancy permit for
the building use is issued, surfaced to
standards for asphaltic concrete or other
surfacing sufficient to allow for marking of
stalls and installation of other traffic control
devices as set forth by the director of public
works and this chapter. All traffic control
devices such as parking strips designating car
stalls, directional arrows or signs, curbs,
bullrails, and other developments shall be
installed and completed as shown on the
approved plans. Hard surfaced parking
areas shall use paint or other similar devices
to delineate parking stalls and directional
arrows. Pedestrian walks shall be curbed, or
raised six inches above the lot surface. ·
6. _All off-street parking areas shall be
graded and drained so as to dispose of
surface water that might accumulate within
or upon such area.
7. Internal vehicle and pedestrian
circulation for parking lots shall be approved
by the planning director and city engineer.
6/2/97
Parking lot circulation shall allow for access
so pedestrians and wheelchairs can easily
gain access from public sidewalks and bus
stops to building entrances through the
use of raised concrete sidewalks, or
pedestrian paths which are physically
separated from vehicle traffic and
maneuvering areas. In shopping center
parking lots containing more than 100
spaces, such pedestrian/wheelchair paths
shall be a minimum of five feet wide and
constructed in a manner that they cannot be
used as a holding area for shopping carts.
8. Access driveways for parking areas shall
be located so as to cause the least possible
conflict with vehicular and pedestrian traffic
on public rights-of-way. The planning
director and city engineer shall have the
authority to restrict the number, size and
location of access driveways to private
parking areas.
9. The city engineer may require joint use
of driveways by more than one property.
10. Handicap parking stalls shall meet the
requirements of the Washington State
Regulation and Federal ADA regulations.
11. Parking areas should be located and
designed to consider impacts to the
streetscape. Except for adult facilities as
defined by Marysville Municipal Code
Section 19.06.012, where feasible, on-site
parking shall be located at the sides and rear
of buildings or complexes. For adult
facilities, on-site parking shall be located
where most visible from both the streetscape
and the public access to the adult facility.
19.18.100 Uses for which parking is not
specified. If this chapter does not specify a
parking requirement for a specific use in a
particular zone, the planning director shall
establish the minimum requirement on a
case-by-case basis. Such determination shall
be based upon staff investigation, review of
requirements for comparable uses, and
comparative data as may be available and
appropriate for the establishment of
minimum parking requirements. The
applicant may be required to provide
sufficient information to demonstrate that the
parking demand for a specific use will be
satisfied, based upon existing uses.
19.18.110 Reduction of required spaces
when effective alternatives to automobile
68
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access are prop!)sed. Upon demonstration
to the hearing examiner that effective
alternatives to automobile access are
proposed to be implemented, the examiner
may reduce by not more than 40 percent the
parking requirements otherwise prescribed
for any use or combination of uses on the
same or adjoining sites, to an extent
co~ensurate with the permanence,
effectiveness, and demonstrated reduction in
off-street parking demand achieved by such
alt~rnative program~. Alternative programs
which may be considered by the examiner
under this provision include, but are not
limited to the following:
1. Private vanpool operation·
2. Transitfvanpool fare subsidy;
3. Imp~s~tion of a cha:g~ for parking;
4 •. Prov1s1on of subscnpt10n bus services·
5 •. Flexible work-hour schedule; '
6. Capital improvement for transit services·
7. Preferential parking f~r
carpoolsfvanpools;
8. Participation in the ride-matching
program;
9. Reduction of parking fees for carpools
and vanpools;
10. Establishment of a transportation
coordinator position to implement carpool
vanpool, and transit programs; or '
11. Bicycle parking facilities.
19.18.120 Number of spaces -Fractions.
If the parking formula used to determine
parking requirements results in a fractional
number greater than or equal to one-half the
proponent shall provide parking equal t~ the
next highest whole number.
19.18.130 Loading areas. On the same
premises with every building, structure, or
part thereof, erected and occupied for
manufacturing, storage, warehouse goods
display, department store, wholesaie store
market, hotel, hospital, mortuary, laundry' d~ cleaning, or othe~ use which require~
delivery of merchandise or materials by
. trucks shall provide truck loading and
unloading berths. The space shall be so
situated _that no pa~ of a ~rue~ or van using
the loadmg space will project mto the public
right-of-way. Each loading space shall
measure not less than 10 feet wide by 30 feet
long, with 14-foot height clearance, and shall
be made permanently available for such
6/2/97
purposes, and shall be surfaced, improved
and maintained as required in section
19.18.090. Required loading spaces shall be
provided in accordance >vith the following
table:
Gross Floor Area Number of Berths
10.000-20,000 sq ft. 1
20001-50.000 sa.ft. 2
50 001-100.000 so.ft. 3
abovel00,000 sq. ft. 1 for each additional
50 000 SQ. ft.
Every hotel, office building, restaurant,
assembly structure or similar use shall
provide truck loading and unloading berths
according to the following standards:
Aggregate Gross Floor Number of
Area Berths
20.000-50,000 so. ft. I
50.001-100.000 s;a, ft. 2
abovel00,000 sq. ft: 1 for each
additional 50,000
sn. ft.
19.18.140 Landscaping requirements for
parking areas. Landscaping requirements
for all parking areas are contained within
Chapter 19.16 MMC.
i
19.18.150 Variance requests to this.
chapter.
1. In considering a request for a
mod!fication . of parking r_equirements, the
heanng exammer shall consider the following
factors:
(a) Type of use proposed and traffic
generation, including hours of operation,
frequency of en:iployee and customer trips,
and other specific factors relating to the
proposed use; ·
(b) . !Acation of the. ~bject property,
proxmuty to and availab1bty of public
transportation facilities, likelihood of
customers . or employees to use public
transportatton;
(c) Other inforniation which is relevant and
necessary to make a detennination as to the
validity of the request for modification. Such
additional inforniation may include parking
studies and traffic surveys for the proposed
project vicinity and data concerning the
actual parking demand of other similar uses.
69
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2. In approving a request for the
modification of the number of required ofl'-
street parking spaces, the hearing examiner
may require that a transit stop be located on
the subject lot in order to promote use of
public transit and to justify a reduction in the
required number of parking spaces.
LAND USE
RESIDENTIAL USES
Single-family dwellings, duplexes, townhouses,
and mobile homes
Accessorv Dwellinll: Unit
Multiple-family dwellimi:. one bedroom per unit
Multiple-family dwelling, two or more
bedrooms
Retirement housing and apartments
Mobile home parks
Rooming houses. similar uses
Bed & Breakfast Accommodations
RECREATIONAIJCULTURAL USES
Movie theaters
Stadiums, sports arenas and similar open
assemblies
' Dance halls and places of assembly w/o fixed
seats
Bowling allevs
Skating: Rinks
Tennis courts, racquet clubs, handball
and other similar commercial recreation
courts
Swinnning pools (indoor and outdoor)
Golf Course
Gymnasium, health club
Churches, auditoriums and s1nu1ar enclosed
places of assembly
Art galleries and museums
COMMERCIAUOFFICE USES
Banks, business and professional offices (other
than_ medical and dental) with on-site customer
sefVlce
Retail stores and personal service shops unless
otherwise provided herein
6/2/97
19.18.130 Spaces required. The required
number of off-street parking spaces shall be
in conformance with the following, and
where alternative standards prevail, the
greater applied in conflicting computations.
MINIMUM REQUIRED SPACES
Two per dwelling; driveways may be counted
as one parking space
One space per dwellimi: unit
One and one--half per dwellinll: unit
One and three-fourths per dwelling unit
One per dwellini:i;
Two per unit, plus guest parking at one per
four lots
One per dwellini:i;
1 space for each room for rent, plus 2 spaces
for the principal residential use
One per four seats
One per eight seats or one per 100 square feet
of assemblV space without fixed seats
One per 75 square feet of gross floor area
Five per lane
One per 75 square feet of !l:fOSS floor area
One space per 40 square feet of gross floor area
used for assemblv. vlus two ver court
One per 10 swimmers, based on pool capacity '
as defined by the Washington State Dept. of
Health
Four spaces for each green, plus 50 percent of
spaces otherwise required for any accessory
uses (e.g. bars. restaurants)
One space per each 200 square feet of gross
floor area
One per four seats or 60 lineal inches of pew or
40 square feet gross floor area used for
assemblv
One ver 250 square feet of gross floor area
One per 400 square feet gross floor area
If< 5,000 sq. ft. floor area, one per 600 sq. ft.
gross floor area; If> 5,000 sq. ft. floor area, 8
vlus one ver each 300 sq_ ft. Qross floor area
70
Grocery stores One space per 200 sq. ft. of customer service •
area
Barber and beauty shops One space oer 200 sa. ft.
Motor vehicle sales and service Two per service bay plus one per 1,000 sq. ft. •
of outdoor .disolav •
Motor vehicle or machinery repair,
sales
without ' Two plus two per service bay
Mobile home and recreational vehicle sales One oer 3.000 sa. ft. of outdoor disolav area l
Motels and hotels One oer unit or room
Restaurants, taverns, bars with on premise
consumption
If< 4,000 sq. ft. one per 200 sq. ft. gross floor
area; If> 4,000 sq. ft. 20 plus one per 100 sq.
ft. gross floor area
Drive-in restaurants and similar establishments, One per 75 sq. ft. of gross floor area. Drive
primarily for auto-borne customers through aisles shall accommodate minimum
stacking for three automobiles per service
windows. Each stacking space shall be a ,
minimum of 20 feet in length and shall be !
designed so as not to impede pedestrian or ·
vehicular circulation on the site or abutting •
street(s). •
Shopping Center If< 15,000 sq. ft.: five spaces per 1,000 sq. ft.
of gross floor area; If > than 15, 000 sq. ft. of
gross floor area: four spaces per 1,000 sq. ft.
of l!foss floor area
Day Care Center One space per staff member, and one space per ,
10 students. A paved unobstructed pick-up !
area with adequate stacking spaces (as
determined by the planning department) shall be
set aside for dropping off and picking up
children in a safe manner that will not cause the
children to cross the parking area or lines of
traffic.
Funeral parlors, mortuaries or cemeteries One per four seats or eight feet of bench or I
pew or one per 40 square feet of assembly •
room used for services if not fixed seating is !
orovided
Gasoline/Service station w/grocery One per employee plus one per 200 sq. ft. gross •
floor area I
, Adult facility as defined by MMC One per 75 square feet of gross floor area or, in •
• 19.06.012. the case of an adult drive-in theater, one per
viewing space.
HEALTH SERVICES USES
Nursing homes, convalescent homes for aged. One per five beds plus one space per employee
and medical staff.
Medical and dental clinics One per 200 sq. ft. gross floor area
Hospitals One per two beds excluding bassinets
EDUCATIONAL USES
Elementary -Jr. High school (public & private) Five plus one per each employee and faculty
member
Senior High school (public & private) One per each l 0 students plus one per each
employee or faculty member
Commercial/Vocational school One per each employee plus one per each 2
students
6/2/97 71
LAND USE MINIMUM RE• 1UIRED SPACES
PUBLIC/GOVERNMENT USES .
Public Utilitv and governmental buildings One ner 400 sa. ft. of gross floor area i
Libraries One oer 250 sauare feet of irross floor area :
• MANUFACTURING/WAREHOUSE USES
Manufacturing and industrial uses of all types, One per 500 sq. ft. of gross floor area plus one
except a building used exclusively for per two each employees on maximum working
warehouse nurnoses. shift.
Warehouses, storage and wholesale businesses One per each two employees on maximum
working shift
1
Mini self-storage One per each 50 storage cubicles equally
!
distributed and proximate to storage buildings.
In addition, one space for each 50 storage
cubicles to be located at the oroiect office.
6/2197 72
Chapter 19.20 SIGN CODE
Sections:
19.20.010
19.20.020
19.20.030
19.20.040
19.20.050
19.20.060
19.20.070
19.20.080
19.20.090
19.20.100
19.20.110
19.20.120
19.20.130
19.20.140
19.20.150
19.20.160
19.20.170
19.20.180
19.20.190
19.20.200
19.20.210
19.20.220
19.20.230
Purpose.
Signs prohibited.
Signs exempt from this
chapter.
Permits required.
Signs not requiring permits.
Application for pennits.
Permit fees.
Issuance of permits -
Inspection.
Maintenance.
Abandoned signs.
Illumination of signs.
Height of signs.
Repealed.
On-premises requirement.
Real estate signs.
Political signs.
Portable signs.
Temporary and special
event signs.
Billboards.
Sign regulations by zoning
district.
Nonconforming signs.
Comprehensive design plan
permits.
Variances.
19.20.010 Purpose. The purpose ohhis
chapter is to protect the health, safety,
property and welfare of the citizens of the
city of Marysville by establishing standards
for the structural design, placement, size and
maintenance of all signs and sign structures
in the city, Furthermore, it is the purpose of
the regulations, standards and criteria of this
chapter to permit and encourage the design
of signs which are responsive to the needs of
the public in locating a business
establishment by identification, address and
product and/or services information,
The rapid economic development of the city
has resulted in a great increase in the number
of businesses located in the city, with marked
increase in the number and size of signs
related to those businesses. This
proliferation of signs has resulted in a
reduced effectiveness of individual signs, As
the number, size and intensity of signs
6/2/97
increase without regard to quality and
placement, the impact of the individual sign
is diminished.
Lack of control of signs may cause
potentially dangerous conflicts between
advertising signs and traffic control signs,
thus destroying the effectiveness of both.
The great increase in automotive traffic
experienced within the city has greatly
aggravated this chapter.
Furthermore, the uncontrolled use of si~s
and their shapes, motion, colors, illumination
and their insistent and distracting demand for
attention can be injurious to property values
of both business and residential areas of the
city, and may seriously detract from the
enjoyment and pleasure of the natural beauty
of the city.
It is recognized that businesses have a right
to identify themselves and that this
contributes to the economic well being of the
community. However, it is felt that this right
can be exercised in such a way as to bring
benefit to the public without adversely
affecting the economic welfare of businesses.
The responsible regulation of signs may, in
fact, improve business opportunity as a result
of the mcreased attractiveness of the city's
environment.
19.20.020 Signs prohibited. The
following types of signs are prohibited in the
city:
(1) Portable readerboard signs;
(2) Signs that create a safety hazard for
pedestrians or motorists, as determined by
the police chief or city engineer;
(3) Signs located in or on public right-of-
way; provided, that awning
signs and projecting signs may extend over
public right-of-way if they otherwise
conform with this chapter; provided further,
that certain real estate signs are allowed on
the periphery of public right-of-way pursuant
to MMC 19.20.150; and provided further,
political signs are allowed within the public
right-of-way which otherwise comply with
MMC 19.20.160;
73
( 4} Signs imitating or resembling official
traffic or government signs or signals, as
determined by the public works director or
police chief;
(5) Signs attached to trees, utility poles,
street lights, or any public property without
permission of the government agency
owning the same;
( 6) Signs placed on vehicles or trailers which
are parked or located for the primary
purpose of displaying said sign. See RCW
46.90.436. (This does not apply to signs or
lettering on buses, taxis, or vehicles
operating during the normal course of
business, or vehicles which are advertising
themselves for sale);
(7) Signs over 32 square feet in area which
rotate, or have a part or parts in excess of
such size which move or revolve;
(8) Displays of banners, clusters of flags,
posters, pennants, ribbons, streamers, strings
of lights, spinners, twirlers or propellers,
flashing, rotating or blinking lights, flares,
balloons or inflated signs over 24 inches in
diameter, and similar devices of a carnival
nature; provided, that certain signs and
devices of this nature are permitted on a
limited basis pursuant to MMC 19.20. 180;
(9) Searchlights and beacons, except as
permitted for special events pursuant to
MMC 19.20.180.
19.20.030 Signs exempt from this
chapter. The following signs or displays are
exempted from regulation under this chapter:
(I) Regulatory, informational, identification
or directional signs installed by, or at the
direction of, a government entity;
(2) Signs required by law;
(3) Official public notices, official court
notices or official sheriff's notices;
( 4) One off-premises identification sign at
each entry to the city, not exceeding three
square feet per face, for any fraternal, civic
or religious organization with an established
operation in the city;
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(5) Signs or displays not visible from streets,
ways, sidewalks or parking areas open to the ·
public;
(6) The flag of government or
noncommercial institutions such as schools;
(7) Point-of-purchase advertising displays,
such as product dispensers;
(8) "No trespassing," "no dumping," "no
parking,'' "private" and other informational
warning signs which shall not exceed six
square feet in surface area;
(9) Structures intended for separate use such
as phone booths and recycling containers;
(10) Reasonable seasonal decorations within
the appropriate public holiday season, or
civic festival season. Such displays sball be
removed promptly at the end of the season;
(11) Sculptures, fountains, mosaics, murals
and design features which do not incorporate
advertising or identification;
(12) Postal signs;
( 13) Incidental signs;
(14) All signs which are wholly within the
interior portion of a building, including
interior window signs; provided, that such
signs shall not be exempt if they are in one of
the categories prohibited by MMC
19.20.020.
19.20.040 Permits required.
No sign, except for those exempted in this
chapter, shall be erected, re-erected,
attached, structurally altered or relocated by
any person, firm or corporation without a
sign permit issued by the city. In the case of
electric signs, compliance with the National
Electrical Code shall be included as a
requirement of the sign permit. All sign
permits shall be issued by the building
official. No permit shall be required for
repair, cleaning, repainting or other normal
maintenance, nor for changing the message
on a sign designed for changeable copy, as
74
long as the sign structure is not modified in
anyway.
19.20.050 Signs not requiring permits.
The following types of signs are exempted
from obtaining a sign permit, but must be in
conformance with all other requirements of
this chapter:
(1) Real estate signs meeting the
requirements of MMC 19.20.150(1), (2) or
(3);
(2) Political signs meeting the requirements
ofMMC 19.20.160;
(3) Temporary and special event signs
meeting the requirements of MMC
19.20.180;
( 4) Nonelectric signs not exceeding four
square feet per face which are limited in
content to the name of occupant and address
of the premises in residential zones;
(5) On-premises directional signs, not
exceeding six square feet per face, the sole
purpose of which is to provide for vehicular
and pedestrian traffic direction;
(6) Up to two on-premises permanent
readerboard signs not more than 16 square
feet per face, for each charitable or religious
organization.
19.20.060 Application for permits.
Applications for sign permits shall be made
to the building official upon forms provided
by the city. Such applications shall require:
(1) Name and address of the owner of the
sign;
(2) Street address or location of the property
on which the sign is to be located, together
with the name and address of the property
owner;
(3) The type of sign or sign structure as
defined in this title;
(4) A site plan showing the proposed
location of the sign, together with the
locations and square footage areas of all
existing signs on the same premises;
612/97
( 5) Specifications and scale drawings
showing the materials, design, dimensions, ·
structural supports and electrical
components of the proposed sign.
19.20.070 Permit fees. All applications
for permits shall be accompanied by payment
of fees based upon the following schedule:
(1) On-premises signs, $15.00 plus $1.00 for
each square foot of sign area;
(2) Billboards, $1. 00 for each square foot of
sign area;
(3) If any sign is installed or placed on any
property prior to receipt of a permit, the
permit fee shall be doubled.
19.20.080 Issuance of permits
Inspection. The building official shall issue
a permit for erection, alteration or relocation
of a sign within 30 days of receipt of a valid
application; provided, that the sign complies
with all applicable laws and regulations of
the city. In all applications, where a matter of
interpretation arises, the more specific
definition or higher standard shall prevail.
The building official may suspend or revoke
an issued permit for any false statement or
misrepresentation of fact in the application.
If a permit is denied, the permit fee will be
refunded to the applicant. A permit issued by
the building official becomes null and void if
work is not commenced within 60 days of
issuance and is not completed within 180
days of issuance. Permits may be renewed
one time with an additional payment of one-
half of the original fee.
Any person installing, altering or relocating a
sign for which a permit has been issued shall
notify the building official upon completion
of the work. No sign shall be deemed
approved until the building official has
conducted a final inspection and indicated his
approval on the face of the sign permit.
19.20.090 Maintenance. All signs and
components thereof must be maintained in
good repair and in a safe condition.
19.20.100 Abandoned signs.
Abandoned signs shall be removed by the
75
property owner or lessee within 60 days after
the business or service advertised by the sign
is no longer conducted on the premises. If
the property owner or lessee fails to remove
it, the building official shall give the owner
10 days written notice to remove it. Upon
failure to comply with this notice, the
building official may remove the sign at cost
to the owner of the premises. The
foundations and posts of a sign, with all
advertising copy removed, may remain on
the premises for up to three years with the
owner's written consent, on the condition
that the same must be continuously
maintained pursuant to MMC 19.20.090.
19.20.110 Illumination of signs. The
light directed upon, or internal to, any sign
shall be shaded, shielded or directed so that
the light intensity or brightness shall not
adversely affect surrounding or facing
premises, or adversely affect safe vision of
operators of vehicles moving on public or
private roads, highways or parking areas, or
adversely affect safe vision of pedestrians on
a public right-of-way. Light shall not shine
on, nor directly reflect into, residential
structures. No signs shall have blinking,
flashing or fluttering lights, or other
illumination devices which have a changing
light intensity or brightness, or which are so
constructed and operated as to create an
appearance or illusion of writing or printing
in motion; provided, that certain illumination
of this description is permitted on a limited
basis by MMC 19.20.180.
19.20.120 Height of signs. No sign in a
residential district shall extend more than 10
feet above the average elevation of the lot.
No sign in any business, commercial or
industrial district shall extend more than 30
feet above the average elevation of the Jot,
with exception of billboards which are
regulated by MMC 19.20.190(2).
19.20.130 Design and construction
specifications. Repealed by Ord. 2062.
19.20.140 On-premises requirement.
All signs, except billboards, real estate,
political and directional signs meeting the
requirements of this chapter, shall be located
on the premises of the business being
advertised; provided, that several businesses
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located contiguous to each other, but not
sharing a common property ownership, may
choose to share a freestanding sign located
on the property to one of the businesses.
19.20.150 Real estate signs. All
exterior real estate signs must be of a durable
material. Only the following real estate signs
are permitted:
(1) Residential For Sale or Rent Signs. Signs
advertising residential property for sale or
rent shall be limited to one single-faced or
double-faced sign per street frontage. Such
signs shall not exceed four square feet per
face, and must be placed wholly on the
subject property. Such signs may remain up
for one year or until the property is sold or
rented, whichever occurs first. A sold sign
may remain up for 10 days after the
occupancy of residential property.
(2) Residential Directional Signs. Signs
advertising open house and the direction to a
residence for sale or rent shall be limited to
three single-faced or double-faced off-
premises signs. Such signs may not exceed
four square feet per face. Such signs are
permitted only when a real estate agent or
seller is in attendance at the property for
sale, and not overnight. Such signs may be
placed along the periphery of public right-of-
way, but shall not be placed on a
sidewalk or in any location where they would
cause a vublic hazard as determined by the
police chief and/or building official.
(3) Commercial or Industrial For Sale or
Rent Signs. Signs advertising commercial or
industrial property for sale or rent shall be
limited to one single-faced or double-faced
sign per street frontage. Signs may be
displayed while the property is actually for
sale or rent. The signs shall not exceed 32
square feet per face. If freestanding, the signs
shall not exceed five feet in height and shall
be located at least 15 feet from any abutting
interior property line and wholly on the
property for sale or rent.
( 4) Subdivision Signs. Signs advertising
residential subdivisions shall be limited to
one single-faced or double-faced sign per
street frontage. Such signs shall not exceed
3 2 square feet per face and shall not exceed
76
12 feet in height. They shall be set back at
least l 0 feet from any abutting interior
property line and shall be wholly on the
property being subdivided and sold.
19.20.160 Political signs. Signs,
posters or bills promoting or publicizing
candidates for public office or issues that are
to be voted upon in a primary, general or
special election may be displayed in
accordance with the following restrictions:
( l) Time Limitations. Political signs shall be
removed within seven days following an
election.
(2) Prohibited on Public Property. It is
unlawful for any person to paste, paint, affix
or fasten any political sign on a utility pole or
on any public building or structure. No
political sign placed within the public right-
of-way shall create a safety hazard for
pedestrians or motorists as determined by the
chief of police or city engineer.
(3) Responsibility for Compliance. It shall be
presumed that any violation of this section
was done at the direction and reguest of the
political candidate and/or campaign director.
19.20.170 Portable signs. The
following regulations shall apply to all
portable signs except in cases where such
signs are also included in more specific
categories of this chapter:
(1) Portable signs shall not exceed eight
square feet per side. ·
(2)No more than one portable sign may be
displayed per street frontage.
(3)All portable signs shall be located on the
premises which they are advertising.
( 4) Portable signs shall be nonelectric.
(5} Portable signs shall not be readerboards.
19.20.180 Temporary and special
event signs. Except as otherwise provided
below for certain special categories,
temporary and special event signs shall not
exceed 32 square feet in area per face, and
612197
shall not be displayed longer than 3 0 days
per calendar year.
(1) Construction Signs. Construction signs
identify the architects, engineers, contractors
or other individuals or filTil involved with the
construction of a building and announce the
character of the building or the purpose for
which the building is intended. Such signs
may be displayed only after a building permit
is obtained and during the period of
construction on the construction site. Only
one such sign is permitted per street
frontage. No construction sign shall exceed
32 square feet per face or 12 feet in height,
nor shall it be located closer than 10 feet
from an interior property line. Construction
signs shall be removed by the date of first
occupancy of the premises, or upon
expiration of the building permit, whichever
first occurs.
(2) Grand Opening Displays. Temporary
signs, posters, banners, strings of lights,
clusters of flags, blinking lights, balloons,
searchlights and beacons are permitted for a
period not to exceed 60 days per calendar
year to announce the opening of a
completely new enterprise or the opening of
an enterprise under new ownership. All such
signs and materials shall be located on the
premises being advertised, and shall be
completely removed immediately upon
expiration of said 60-day period.
(3) Special Sales and Events. Temporary
signs, posters, banners, strings of lights,
clusters of flags, balloons, searchlights and
beacons are permitted for the limited
purpose of announcing a retail sale or special
event in business or commercial zones, but
not on a routine basis. All such advertising
material shall be located on the premises
being advertised and shall be removed
immediately upon expiration of said special
sale or event.
( 4) Quitting Business Sales. Temporary
signs, posters and banners are permitted for a
period of 90 continuous days for the purpose
of advertising quitting business sales,
liquidation sales, or other events of a similar
nature which are authorized pursuant to
Chapter 5.52 MMC. All such signs shall be
located on the premises being advertised and
77
shall be
expiration
conclusion
first.
removed immediately upon
of the 90-day period, or
of the sale, whichever occurs
19.20.190 Billboards. (1) Permitted
Zones. Billboards shall be permitted only in
those zones specified for said use in MMC
19.08.060(A).
(2) Height. The maximum height of a
billboard shall not exceed 3 5 feet from the
ground level at its base.
(3) Size. The maximum sign dimensions for a
billboard shall be 12 feet in height and 25
feet in length, excluding supports and
foundations, for a total maximum sign area
of 300 square feet per face. Billboards may
be either single-faced or double-faced.
( 4) Location Restrictions.
(a) Billboards shall only be located on
property abutting State Avenue, and shall be
oriented towards State Avenue.
(b) Billboards shall not be less than I 00 feet
from an intersection; provided, that a greater
distance may be required if the city finds that
a specific billboard at a specific location will
obstruct or physically interfere with a
motorist's view of approaching, merging or
intersection traffic.
( c) Billboards shall not be located on a
railroad right-of-way.
( d) Billboards shall not be less than 100 feet
from any residential zone.
( e) Billboards shall not be less than 15 feet
from the outside edge of the public right-of-
way.
(f) A billboard shall not be located within
I, 000 feet of another billboard on the same
side of the street. Back-to-back and v-type ·
sign structures shall be considered one sign
structure.
(g) Billboards shall not be permitted as roof
signs.
6/2/97
(h) Billboards shall not block the public
visibility of any on-premises signs or the
visibility for motorists of any official traffic
sign, signal or device.
(i) Billboards shall not block, obstruct or
detract from any unique scenic views
enjoyed by the public or by private parties, as
determined by the city council.
(5) Lighting. Lighting on billboards shall be
for the sole purpose of illuminating the
advertising message on the display surface,
and shall not constitute any part of the
message itself, directly or indirectly. There
shall be no blinking, flashing or fluttering
lights. All lighting shall be directed towards
the display surface and shall not create a
hazard to motorists or a nuisance to
adjoining property owners.
( 6) State Requirements. All billboards visible
from Interstate 5 shall comply with the
requirements of Chapter 47.42 RCW.
(7) Business License. A business license as
specified in Chapter 5.02 MMC shall be
required for each business owning one or
more billboards which are erected in the city.
(8) Nonconforming Billboards. Billboards
existing on January 1, 1981, which were in
full compliance with all codes and
regulations of the city at said time, but which
do not comply with this chapter, shall be
regarded as nonconforming billboards. Said
billboards shall be allowed to continue if
properly repaired and maintained. If such
billboards are structurally altered, relocated
or replaced, they shall lose their
nonconforming status; further, such
billboards shall lose their .. nonconforming
status if a change of use occurs on the
underlying property. A billboard without
nonconforming status shall immediately be
removed or brought into compliance with all
current provisions ofthis chapter.
19 .20.200 Sign regulations by zoning
district. In addition to all other provisions
of this chapter, the following special
regulations shall apply in each of the zoning
districts referred to below:
(1) Residential Districts.
78
(a) The total combined area of all nonexempt
signs on any lot in a residential district shall
not exceed nine square feet, except as
provided in subsections (l)(g) through (I)(j)
ohhis section.
(b) All dwelling units in residential districts
shall display house numbers readable from
the street.
( c) Illumination from or upon signs in
residential districts shall be shaded, shielded,
directed or reduced so that the light intensity
or brightness does not affect the enjoyment
of residential property in the vicinity m any
substantial way.
( d) There shall be no freestanding pole signs
in residential districts.
( e) There shall be no roof signs in residential
districts.
(f) No permanent sign shall be located closer
than I 0 feet to an internal property line, or
closer than I 0 feet from the front lot line
unless attached to a fence. Signs which are
attached to fences shall not extend higher
than the fence. A variance from this
provision may be applied administratively,
only in cases where the sign is a permanent
ground sij$ll. In such cases, the city engineer
shall revtew the variance application to
determine whether said sign creates sight
distance obstructions or any other safety
hazard. The recommendation of the city
engineer shall be given substantial weight.
(g) Each entrance to a subdivision or
multiple-family development may have an
identification sign up to 32 square feet in
area, per face, or two single-faced signs of
not more than 15 square feet each.
(h) Home occupation and day care signs
shall not exceed three square feet per face
and shall be wall signs or ground signs.
(i) Signs for conditional uses permitted in
residential districts shall be approved as part
of the applicable conditional use permit, and
shall not be otherwise restricted by the
provisions ohhis section.
612197
(j) Temporary sale signs (garage sale, estate
sale, etc.) may be displayed no more than
three days prior to the event and shall be ·
removed 24 hours after the event is
completed. There shall be no more than two
such events advertised for any residence per
year, and no such event shall continue for
more than six days within a 15-day period.
(2) MobiletManufactured Home Parks. Signs
and advertising devices shall be prohibited in
a mobile/manufactured home park except:
(a) One identifying sign up to 15 square feet
in area per face at each entrance to the park,
which may be illuminated, but not flashing.
(b) Directional and informational signs for
the convenience of tenants and the public
relative to parking, office, traffic movement,
etc.
( c) Real estate for sale or rent signs pursuant
to MMC 19.20.150(1).
(3) Business, Commercial and Industrial
Zones.
(a) General Requirements.
(i) Freestanding signs shall not exceed 75
feet in area per face, and shall not be closer
than 100 feet to another freestanding sign on
the same property.· The base of such a sign
shall be set back from the property line at
least l 0 feet.
(ii) Roof signs shall be permitted in any
business, commercial, or industrial zone if
the height of the sign does not extend above
a necessary structural feature of the building;
provided, that roof signs in the area zoned in
the freeway service classification west of the
railroad tracks may extend five feet above
the ridge line of the roof
(iii) Ground signs shall be set back a
minimum of 10 feet from the property line.
(iv) Gasoline price signs shall be located no
closer than 10 feet from the front property
line and must be permanently anchored. Such
signs may be freestanding or attached to
canopy columns, and shall not be portable.
The sign area shall not exceed 12 square feet
79
and no more than one such sign for each
street frontage is permitted. Gasoline price
signs complying with this section shall not be
included in determining the total sign area of
a business.
(v) Each business building shall display a
street address number identification sign
readable from the street.
(vi} Projecting signs shall not project more
than six feet from a building nor within two
feet of the curb line, and shall not exceed 32
square feet per face.
(b) Single Occupancy Buildings.
Freestanding, pole, ground, and monument
signs, and temporary or portable signs which
are not attached to structures, shall comply
with the following requirements for
maximum total sign area:
(i) Thirty-two square feet, counting only one
side of double-faced signs; or
(ii) One square foot of street frontage
thereafter, not to exceed 200 square feet of
sign area per street frontage. No single sign
face shall exceed 7 5 square feet.
(c) :Multiple Occupancy Complexes. Each
business in a multiple occupancy complex
shall be permitted a wall sign not to exceed
one and one-half square foot per lineal foot
of wall frontage or 80 percent of the lineal
frontage of the business with a minimum of
32 square feet per tenant; and if the complex
has a marquee, each business shall be
permitted one under-marquee sign not to
exceed eight square feet in size and
maintaining a vertical clearance of eight feet
above the sidewalk. Subject to the general
requirements for freestanding signs, buildings
located along the street frontage shall be
allowed one secondary ground sign. Multiple
occupancy complexes shall be allowed one
freestanding sign per access driveway for the
complex; said signs may be one square foot
in size for each lineal foot of street frontage
for the first 100 feet, and one-half square
foot for each lineal foot thereafter, not to
exceed a total of 200 square feet of sign area
per street frontage. No single sign face shall
exceed 75 square feet.
612191
( d) Pole signs are not permitted in the
Community Business zone along 88th Street
NE, between I-5 and State Avenue NE, and
in the Mixed Use zone.
19.20.210 Nonconforming signs. (I)
Signs existing on or before July l, 1988,
which do not conform to the specific
provisions of this chapter, shall be deemed to
be legal nonconforming signs which are
exempt from the provisions of this chapter
only on the following conditions:
(a) The sign was lawfully erected in full
compliance with all codes which were then
applicable.
(b) The sign does not endanger the public
health, safety or welfare.
( c) The sign does not lose its nonconforming
status as provided in subsection (2) of this
section.
Provided, that nonconforming status shall
not apply to temporary, special event, real
estate or portable signs, or to any sign on
public right-of-way. The nonconforming
status of billboards is regulated by MMC
19.20.190(8). Provided further, that
portable readerboard signs which meet the
nonconforming criteria specified in
subsection (1) of this section shall be granted
a phase-out period of 12 months from July 1,
1988, or until they lose their nonconforming
status as provided in subsection (2) of this
section, whichever occurs first.
(2) A legal nonconforming sign may lose said
designation if any of the following occur:
(a) If the sign is not contimiously maintained
and repaired as required by MMC 19.20.090.
(b) . If the sign structure is relocated or
replaced (not to include a mere change of
advertising copy).
( c) If the structure or size of the sign is
altered in any way to make it more
nonconforming with the provisions of this
chapter. This does not refer to a change of
copy or normal maintenance.
80
( d) If the sign suffers more than 50 percent
appraised damage or deterioration.
(3) No sign permit shall be issued for
property which displays any nonconforming
signs if the result of said permit is to make
the property more nonconforming in any
way.
19.20.220 Comprehensive design plan
permits. (1) Application may be made to
the city planner for special consideration
whereby deviations from the requirements
and restrictions of this chapter may be
permitted when an applicant is using a
comprehensive design plan to integrate signs
into the framework of a building or
buildings, landscape and other design
features of the property, utilizing an overall
design theme. A comprehensive design plan
permit may only be applied for in the
following circumstances:
(a) Where the facade of an existing building
is being altered;
(b) For new construction, where the
applicant can show by clear and convincing
evidence that the design plan meets all of the
criteria stated below;
(c) Where an applicant can show by clear
and convincing evidence that a freestanding
sign meets all of the criteria stated below.
(2) The city shall assess the applicant's
design proposal using the following criteria:
(a) Whether the proposal manifests
eiceptional visual harmony between the sign,
buildings and other components of the
sµbject property through the use of a
consistent design theme;
(b) Whether the sign or signs promote the
planned land use in the area of the subject
property and enhance the aesthetics of the
surrounding area;
( c) Whether the sign and its placement
obstructs or interferes with any other signs
or property in the area or obstructs natural
scenic views; and
612197
(d) Whether the proposed plan is
aesthetically superior to what could be
installed under existing criteria in this
chapter..
(3) Comprehensive design plan permits are
not to be confused with the procedures for
obtaining variances for hardship or unusual
circumstances. A comprehensive design plan
permit shall not be allowed for the relaxation
of any setback, size or dimensional
requirement, or any of the other sign
regulations set forth in MMC 19.20.200
without a specific finding that the proposal
meets all of the criteria set forth in
subsections (2)(a) through (d) of this section.
( 4) Any decision of the city planner may be
appealed to the city hearing examiner
pursuant to the procedures set forth in
Chapter 2. 70 MMC, and the city hearing
examiner is hereby authorized to hear such
appeals and make recommendations to the
city council.
19.20.230 Variances. Any person may
apply to the city hearing examiner for a
variance from the requirements of this
chapter. The city hearing examiner is hereby
authorized to hear such variances pursuant
to the procedure set forth in Chapter 2.70
MMC. Except as otherwise provided in
Chapter 2.70 MMC, variance applications
shall be processed pursuant to the review
procedures outlined in Title 15 :tvlMC.-No
application for a variance shall be granted
unless the following findings can be made:
(l) The variance shall not constitute a grant
of SJ?ecial privilege inconsistent with
limitatmns in this chapter on the types of
signs allowed in the same vicinity and zone;
that is, there shall be no use variances which
allow types of signs in any zone which would
be otherwise prohibited; and
(2) The 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 privileges permitted to other
properties in the same vicinity and zone; and
(3) The granting of the variance will not be
materially detrimental to the public welfare
81
or injurious to property or improvements in
the vicinity; and
( 4) The variance will not be contrary to the
spirit and purpose of this chapter.
In granting a variance, the hearing examiner
and city council may attach thereto such
conditions regarding the location, character
and other features of the proposed sign as it
may deem necessary to carry out the spirit
and purpose of this chapter in the public
interest.
612197 . 82
Chapter 19.22 PROCEDURES AND
POLICIES FOR IMPLEMENTING THE
STATE ENVIRONMENTAL POLICY
ACT
Sections:
19.22.010
19.22.020
19.22.030
19.22.040
19.22.050
19.22.060
19.22.070
19.22.080
19.22 090
19.22.100
19.22.110
Authority.
General requirements.
Categorical exemptions and
threshold determinations.
Environmental impact
statement (EIS).
Public notice and
commenting.
Using existing environmental
documents.
SEP A decisions and appeals.
Definitions.
Categorical exemptions.
Rules to be followed by the
city -Fee schedule.
Forms.
19.22.010 Authority.
The city of Marysville adopts this chapter
under the State Environmental Policy Act
(SEPA), RCW 43.21C.120, and the SEPA
Rules, WAC 197-11-904.
This chapter contains the city's SEPA
procedures. The city's substantive policies
for protecting the environment are found in
other chapters of the Marysville Municipal
Code, and are incorporated herein by and
through MMC 19.22.070.
The SEP A rules, Chapter 197-11 WAC, and
the Model SEP A Ordinance, Chapter 173-
806 WAC, must be used in conjunction with
this chapter. The authority to incorporate
said codes, or sections thereof, by reference
is found in RCW 43.21C.135. Three copies
of any sections of state codes so
incorporated are on file with the city clerk
for public use and examination.
19.22.020 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:
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For those proposals for which the City is the
lead agency, 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.
19.22.030 Categorical exemptions and
threshold determinations.
The city adopts the following sections of the
Model SEP A Ordinance, as now existing or
hereafter amended, by reference, and
incorporates the same into this chapter as
though set forth in full:
(1) WAC 173-806-065;
(2) WAC 173-806-070; provided, that
subsection (1) thereof shall be amended to
read as follows:
The City establishes the following exempt
levels for minor new construction under
WAC 197-ll-800(l)(b) based on local
conditions:
(a) For residential dwelling units in WAC
197-11-800(1)(b)(i): up to 4 dwelling units,
provided that the project site is served by
public water and sanitary sewer.
(b) For office, school, commercial,
recreational, service or storage buildings in
WAC 197-11-800(l)(b)(iii): up to 4,000
square feet and up to 20 parking spaces,
provided that the project site is:
(i) Zoned for business, commercial or
industrial use; and
(ii) Designated for business, commercial or
industrial use by the Comprehensive Plan;
and
(iii) Served by public water and sanitary
sewer.
(c) For parking lots in WAC 197-11-800
(l)(b)(iv): up to 20 parking spaces.
(d) For landfills and excavations in WAC
197-l l-800(l)(b)(v): up to 100 cubic yards.
(3) WAC 173-806-080;
(4) WAC 173-806-090; provided, that
Section 1 shall use option 1 stated therein;
. 83
(5) WAC 173-806-100.
19.22.040 Environmental impact
statement (EIS).
The city adopts the following sections of the
Model SEP A Ordinance, as now existing or
hereafter amended, by reference, and
incorporates the same into this chapter as
though set forth in full;
(1) WAC 173-806-110;
(2) WAC 173-806-120;
(3) WAC 173-806-125.
19.22.050 Public notice and
commenting.
The city adopts the following sections of the
Model SEP A Ordinance, as now existing or
hereafter amended, by reference, and
incorporates the same into this chapter as
though set forth in full:
(I) WAC 173-806-128;
(2) WAC 173-806-130; provided, that
subsection (l)(b) thereof shall be amended to
read as follows:
If no public notice is required for the permit
or approval, the City shall give notice of the
DNSorDS by:
(i) Posting notice in City Hall and in the
United States Post Office; and
(ii) Submitting the notice to the SEP A
register if required by WAC 197-11-508; and
(ill) Using such other method of public
notice as is deemed necessary and
appropriate by the Responsible Official, if
any.
Provided further, that subsection (2) thereof
shall be amended to read as follows:
Whenever the City issues a DEIS under
WAC 197-11-455 (5) or a SEIS under WAC
197-11-620, notice of the availability of
those documents shall be given by:
(a) Indicating the availability of the DEIS
and any public notice required for a non-
exempt license; and
(b) Posting the property for site-specific
proposals; and
( c) Posting notice in City Hall and in the
United States Post Office; and
( d) Submitting the notice to the SEP A
register; and
(e) Using such other method of public notice
as is deemed necessary and appropriate by
the Responsible Official, if any.
(3) WAC 173-806-140; provided, that such
section shall be completed by designating the
6/2/97
responsible official as the person referred to
therein.
19.22.060 Using existing environmental
documents.
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:
(I) WAC 173-806-150.
19.22.070 SEPA decisions and appeals.
The city adopts the following sections of the
Model SEP A Ordinance, as now existing or
hereafter amended, by reference, and
incorporates the same into this chapter as
though set forth in full:
(1) WAC 173-806-155;
(2) WAC 173-806-160; provided, that
subsection ( c) thereof shall be amended to
read as follows:
The City adopts by reference the policies in
the following City Codes and Plans, as now
existing or hereafter amended, as a possible
basis for the exercise of substantive authority
in the conditioning or denying of proposals:
(a) Chapter 6.76: Noise Regulations;
(b) Title 7: Health and Sanitation;
( c) Chapter 9. 04: Fire Code;
( d) Chapter 11.56: Fire Zones;
(e) Chapter 11.62: Truck Routes;
(f) MMC 12.02.170: Curbs, Gutters and
Sidewalks Required;
(g) MMC 12.02.180: Minimum access
requirements;
(h) MMC 12.02.190: Dedication of Road
Right-of-Way-Required Setbacks;
(i) Chapter 12.06: Classification of Streets;
G) Six-Year Transportation Improvement
Program;
(k) Chapter 14.01: General Requirements for
Utility Service;
(I) Chapter .14.15: On-Site Storm Water
Drainage Code;
(m) Chapter 14.16: Public Storm Drainage
System Code;
(n) Chapter 14.18: Stormwater Drainage
Assessments in Certain Designated Drainage
Basins;
(o) Chapter 14.32: Rural Utility Service
Area, including the RUSA Plan;
(p) Title 16: Building Codes, Sign Code, and
Flood Plain Management;
(q) Chapter 18.08: Comprehensive Plan;
84
(r) Chapter 18.16: Shoreline Management
Master Program, and Streamside Protection
Zone;
(s) Chapter 18.24: Mitigation of Impacts
Resulting from Development Proposals;
(t) Title 19: Zoning Code;
(u) Title 20: Subdivision Code;
(v) All transportation improvement programs
adopted by the city council pursuant to RCW
Chapter 39.92.
(3) Appeals.
(a) Any agency or aggrieved person may
appeal the procedures or substance of an
environmental detennination of the
responsible official under SEP A as follows:
(i) A DNS. Written notice of such an appeal
shall be filed with the responsible official
within 15 days after the date of issuance of
the DNS. The appeal hearing shall be
consolidated with the hearing(s) on the
merits of the governmental action for which
the environmental detennination was made.
(ii) ADS. Written notice of the appeal shall
be filed with the responsible official within
15 days after the date of issuance of the DS.
The appeal shall be heard by the city council
within 30 days thereafter.
(iii) The Adequacy of an EIS. Written notice
of appeal shall be filed with the responsible
official within 15 days after the issuance of
the final EIS. The appeal hearing shall be
consolidated with the hearing( s) on the
merits of the governmental action for which
the EIS was issued.
(iv) Appeals of intermediate steps in the
SEP A process shall not be allowed.
(v) For any appeal under this section, the city
shall provide for a record that shall consist of
the following:
(A) Findings and conclusions;
(B) Testimony under oath; and
(C) A taped or written transcript.
(vi) Detennination by the responsible official
shall carry substantial weight in any appeal
proceeding.
(b) The city shall give official notice under
WAC 197-11-680(5) whenever it issues a
permit or approval for which a statute or
ordinance establishes a time limit for
commencing judicial appeal.
(c) No agency or person may seek judicial
review of environmental detenninations
made pursuant to SEP A unless such agency
or person has first appealed such
612197
environmental detenninations using the
administrative procedure set forth above.
(4) WAC 173-806-173.
19.22.080 Definitions.
The city adopts the following sections of the
Model SEP A Ordinance, as now existing or
hereafter amended, by reference, and
incorporates the same into this chapter as
though set forth in full:
(1) WAC 173-806-175.
19.22.090 Categorical exemptions.
The city adopts the following sections of the
Model SEP A Ordinance, as now existing or
hereafter amended, by reference, and
incorporates the same into this chapter as
though set forth in full:
(1) WAC 173-806-190.
19 .22.100 Rules to be followed by the
city -Fee schedule.
The city adopts the following sections of the
Model SEP A Ordinance, as now existing or
hereafter amended, by reference, and
incorporates the same into this chapter as
though set forth in full:
(1) WAC 173-806-195.
(2) WAC 173-806-190; provided, that
subsection ( 1) thereof shall be amended to
read as follows:
All areas designated on the City's Shoreline
Environment Designation Map (see MMC
18.16.020}, areas designated as being within
the Streamside Protection Zone (see MMC
18 .16. 2 7 5 ), and areas regulated under
Chapter 19.24 MMC 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:
(l)(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 (I) 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 19.58 MMC from
the proponent of the proposal prior to
undertaking the threshold determination.
When the City completes the environmental
85
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.
19.22.110 Forms.
The city adopts the following sections of the
Model SEP A Ordinance, as now existing or
hereafter amended, by reference, and
incorporates the same into this chapter as
though set forth in full:
(1) WAC 173-806-230.
6/2/97 86
CHAPTER 19.24
SENSITIVE AREAS MANAGEMENT
Sections:
Article I. General Introduction
19.24.010 General purpose and intent.
19.24.020 General applicability of these
regulations.
19.24.030 General relationship of regulation
of one type of sensitive area
protection to other regulations.
19.24.040 Reserved.
Article IL Wetlands
19 .24. 050 Applicability to wetlands.
19.24.060 Regulated wetlands.
19.24.070 Regulated activities in wetlands.
19.24.080 Exemptions to wetland
regulations.
19.24.090 Wetland inventory maps.
19.24.100 Rating of wetlands.
19.24.llO Wetland buffer areas.
19.24.120 Wetland alteration and
mitigation.
19.24.130 Wetland mitigation standards,
criteria and plan requirements.
19.24.140 Wetland mitigation plan
requirements.
19.24.150 Performance standards for
wetlands mitigation planning.
19.24.160 Wetland monitoring program and
contingency plan.
19.24.170 Off-site density transfers for
wetland areas.
19.24. 180 Reserved.
Article III. Fish and Wildlife Habitat Areas
19.24.190 Regulated activities in habitats.
19.24.200 Exemptions from fish and wildlife
regulations.
19.24.210 Fish and wildlife habitat inventory
maps.
19.24.220 Classification of fish and wildlife
habitat areas.
19.24.230 Fish and wildlife habitat buffer
areas.
19.24.240 Fish and wildlife habitat
alteration.
19.24.250 Fish and wildlife habitat
performance standards and
incentives.
Article IV. Geologic Hazard Areas
19 .24 .260 Geologic hazard definitions.
19.24.270 Applicability to geological
hazards.
612/97
19.24.280 Geologic hazard inventory map.
19.24.290 Alteration of geologic hazard
areas and development
limitations.
19.24.300 Setbacks from geologic hazards.
19.24.310 Geologic hazard performance
standards.
Article V. General Information
19.24.320 General exemptions.
19.24.330 Permit process and application
requirements.
19.24.340 Selection of qualified consultant
and city review ofreport.
19.24.350 Land divisions.
19.24.360 On-site density transfer for
sensitive areas.
19.24.370 General procedural provisions.
19.24.380 Penalties and enforcement.
19.24.390 General savings provisions -
Reasonable use.
19.24.400 No special duty created.
Article I. General Introduction
19.24.010 General purpose and intent.
(1) The city of Marysville finds that sensitive
areas perform many important biological and
physical functions that benefit the city of
Marysville and its residents. Specifically, the
functions they perform include but are not
limited to the following by type:
(a) Wetlands: helping to maintain water
quality; storing and conveying storm water
and floodwater; recharging groundwater;
providing important fish and wildlife habitat;
and serving as areas for recreation, education
and scientific study and aesthetic
appreciation; and
(b) Fish and wildlife habitat areas:
maintaining species diversity and genetic
diversity; providing opportunities for food,
cover, nesting, breeding and movement for
fish and wildlife; serving as areas for
recreation, education, and scientific study
and aesthetic appreciation; helping to
maintain air and water quality; controlling
erosion; and providing neighborhood
separation and visual diversity within urban
areas.
In addition, certain portions of the city of
Marysville are characterized by geologic
hazards that pose a risk to public and private
property, to human life and safety and to the
natural systems that make up the
environment of the city of Marysville. These
87
lands are affected by natural processes that
make them susceptible to landslides, seismic
activity and severe erosion. Protection of
sensitive areas and regulation of geologic
hazards are, theretofore, necessary to protect
the public health, safety and general welfare.
(2) These regulations of the city of
Marysville sensitive areas ordinance contains
standards, guidelines, criteria and
requirements intended to identify, analyze
and mitigate potential impacts to the city of
Marysville's sensitive areas and geologic
hazard areas and to enhance and restore
them where possible. The intent of these
regulations is to avoid impacts where such
avoidance is feasible and reasonable. 1n
appropriate circumstances, impacts to
sensitive areas and geologic hazard areas
resulting from regulated activities may be
minimized, rectified, reduced or
compensated for, consistent with the
requirements of these regulations. The city of
Marysville's overall goal shall be to protect
significant wetlands in terms of function and
value; and to avoid impacts to the extent
practical on fish and 'Wildlife habitat and
'Within geographic hazard areas.
(3) It is the further intent of these regulations
to:
(a) Implement the goals and policies of the
city of Marysville comprehensive plan,
including those pertaining to natural features
and environmental protection; aesthetics and
community character; providing adequate
housing and infrastructure; providing
opportunities for economic development;
creating a balanced transportation system;
ensuring adequate public facilities; and
achieving a mix of land use types and
densities consistent 'With the city of
Marysville's land use plan;
(b) Serve as a basis for exercise of the city of
. Marysville's substantive authority under the
State Environmental Policy Act (SEP A) and
the city ofMarysville's SEPA rules;
(c) Comply 'With the requirements of the
Growth Management Act (RCW 36.70A)
and its implementing rules; and
(d) Coordinate environmental review and
permitting of proposals to avoid duplication
and delay.
(4) The city of Marysville further finds that
Snohomish County has identified and
mapped some portions of the city of
Marysville -based on topographic, geologic,
612197
hydrologic, and habitat characteristics -
where the conditions indicate that sensitive
areas or geotechnical hazards are believed to
exist. There is, however, a need for
additional study and mapping to verify that
such conditions do, in fact, prevail and to
identify other areas that are potentially
geologic hazards. Such mapping 'Will enable
the city of Marysville to provide notice to the
public of the potential presence of sensitive
areas or the risks associated 'With developing
lands subject to geologic hazards. However,
the boundaries of the sensitive areas and
geologic hazard areas displayed on these
maps are approximate and are not intended
to be used for individual site assessment.
Where differences occur between what is
illustrated on these maps and site conditions,
the actual presence or absence of
environmentally sensitive areas or geologic
hazard areas on the site shall control.
19.24.020 General applicability of these
regulations.
(1) The provisions of these regulations shall
apply to any activity that potentially affects
sensitive areas or their established buffers
unless otherwise exempt.
(2) To avoid duplication, the follo'Wing
permits and approvals shall be subject to and
coordinated with the requirements of these
regulations: clearing and grading; subdivision
or short subdivision; building permit; planned
unit development; shoreline substantial
development; variance; conditional use
permit; other permits leading to the
development or alteration of land; and
rezones and other nonproject actions if not
combined with another development permit
19.24.030 General relationship of
regulation of one type of sensitive area
protection to other regulations .
These regulations shall apply as an overlay
and in addition to zoning, land use and other
regulations, including critical areas
regulations, established by the city of
Marysville.
(1) Areas characterized as a sensitive area
may also be subject to other regulations
established by this chapter due to the overlap
or multiple functions of some sensitive or
critical areas. For example, some landslide
hazard areas (e.g., steep slopes) adjacent to
wetlands may be regulated by buffering
88
requirements according to the wetland
management provisions of this chapter. Also,
wetlands, for example, may be defined and
regulated according to the wetland and
habitat management provisions of this
chapter. In the event of any conflict between
regulations for particular sensitive areas in
this chapter, those regulations which provide
greater protection to environmentally
sensitive areas shall apply.
(2) These sensitive area regulations shall
apply as an overlay and in addition to zoning,
land use, and other regulations established by
the city of Marysville. In the event of any
conflict between these regulations and any
other regulations of the city of Marysville,
the regulations which provide greater
protection to environmentally sensitive areas
shall apply.
19.24.040 (Resenred)
Article II. Wetlands
19.24.050 Applicability to wetlands.
(1) See MMC 19.24.020 . for general
applicability.
(2) Nonproject actions such as rezones shall
be required to perform a wetland
determination as defined by these
regulations.
19.24.060 Regulated wetlands.
Regulated wetlands are wetlands, as defined
in these regulations, that meet certain
minimum size requirements to be regulated
by these regulations. The following are
considered regulated wetlands for the
purposes of these regulations:
( 1) All Category I, II, and III wetlands; and
(2) Category IV wetlands greater than one
acre.
19.24.070 Regulated activities in wetlands.
The following activities within a wetland and
its associated buffer, or outside a wetland or
buffer but potentially affecting the wetland or
buffer, shall be regulated pursuant to the ·
standards of this chapter:
( 1) Removing, excavating, disturbing or
dredging soil, sand, gravel, minerals, organic
matter or materials of any kind;
(2) Dumping, discharging or filling with any
material;
612197
(3) Draining, flooding or disturbing the
water level or water table;
(4) Driving piling or placing obstructions;
(5) Constructing, reconstructing,
demolishing or altering the size of any
structure dr infrastructure;
(6) Construction of any on-site sewage
disposal system, or other underground
facilities, except exempted activities;
(7) Destroying or altering vegetation through
clearing, harvesting, shading or planting
vegetation that would alter the character of a
wetland;
(8) Activities that result in significant
changes in water temperature, physical or
chemical characteristics of wetland water
sources, including quantity and pollutants;
and
(9) Any other activity potentially affecting a
wetland or wetland buffer not otherwise
exempt from the provisions of this chapter.
19.24.080 Exemptions to wetland
regulations.
(1) See MMC 19.24.320 for general
exemptions to all sensitive areas.
(2) The following activities shall be exempt
from the provisions of this chapter related to
wetlands provided they are conducted using
best management practices on wetlands:
(a) Activities involving artificially created
wetlands intentionally created from
nonwetland sites, including but not limited to
grass-lined swales, irrigation and drainage
ditches, detention facilities, and landscape
features, except wetlands created as
mitigation; and
(b) Activities affecting Category IV wetlands
individually or cumulatively smaller than one
acre.
(3) Notwithstanding the exemption provided
by MMC 19.24.320 and by this chapter, any
otherwise exempt activities occurring in or
near wetlands shall comply with the intent of
these standards and shall consider on-site
alternatives that avoid or minimize potential
wetland impacts.
19.24.090 Wetland inventory maps.
The approximate location and extent of
wetlands within the city of Marysville's
planning area are shown on the sensitive
areas maps adopted as part of this chapter.
These maps shall be used as a general guide
only for the assistance of property owners
89
and the public; boundaries are generalized.
The actual category, extent and boundaries
of wetlands shall be determined in the field
by a qualified consultant according to the
procedures, definitions and criteria
established by this chapter. In the event of
any conflict between the wetland location or
designation shown on the Snohomish County
Tomorrow wetlands areas maps and the
criteria or standards of this chapter, the
criteria and standards resulting from the field
investigation shall control.
19.24.100 Rating of wetlands
Wetlands shall be designated Category I,
Category II, Category ill, or Category IV
according to the criteria in this section.
(1) Category I wetlands are those wetlands
which meet any of the following criteria:
(a) The documented presence of species
proposed or listed by the federal government
or state of Washington as endangered or
threatened;
(b) Sites that are documented or qualify as
Natural Heritage wetlands sites, or high-
quality native wetland communities where
significant functional values have not been
altered (e.g., soils, hydrology, vegetation),
and are not predominantly characterized by
nonnative plant species;
(c) High-quality, regionally rare wetland
communities with irreplaceable ecological
functions, including sphagnum bogs and fens,
kelp, and eel grass beds, estuarine wetlands,
or coniferous forested wetlands occurring on
organic soils; or
(d) Wetlands which:
(i) Are greater than or equal to five acres in
size,
(ii) Have three or more wetland classes, and
(iii) Have an open water component.
(2) Category II wetlands are those wetlands
which are not Category I wetlands and meet
any of the following criteria:
(a) Documented habitat for listed or
candidate sensitive or priority species of
plants, fish or wildlife recognized by.
applicable federal or state agencies. Areas
are documented with reference to lists,
categories and definitions of species
promulgated by the Washington Department
of Wildlife (Non-Game Data System Special
Animal Species) as identified in WAC 232-
12-011 or 232-12-014 and in the Priority
Habitat Species lists compiled in compliance
612197
with WAC 365-190-080; or by rules and
regulations adopted currently or hereafter by
the U.S. Fish and Wildlife Service, copies of
which are available at the planning
department);
(b) Displaying significant functions and
values that may not be adequately replicated
through creation or restoration, including
peat wetlands with significant hydrologic
modification, forested wetlands that are not
mature, and estuarine wetlands and kelp beds
that do not satisfy the criteria for Category I;
or
( c) Wetlands one acre or greater in size with
either 40 percent to 60 percent open water in
dispersed patches, or wetlands classified as
forested.
(3) Category III wetlands are those wetlands
that do not satisfy the criteria of Category I,
II or IV.
(4) Category IV wetlands are those wetlands
that do not satisfy criteria for Category I, II
or Ill wetlands, are hydrologically isolated
(i.e., not associated with other surface
water), and are either one acre or less in area
with a single class of vegetation 80 percent
or more of which is a single native species,
or two acres or less in area with a single
class of vegetation 90 percent or more of
which is a single native species.
19.24.110 Wetland buffer areas.
(1) The establishment of wetland buffer areas
shall be required for all development
proposals and activities adjacent to wetlands
to protect the integrity, function and value of
the wetland Buffers shall consist of an
undisturbed area of native vegetation
established to protect the functions and
values of the wetland. Buffers shall be
determined in conjunction with
considerations of wetland category and
quality, approved wetland alterations and
required mitigation measures. Buffers are not
intended to be established or to function
independently of the wetland they are
established to protect; the establishment of a
buffer shall not operate to prevent a use or
activity that would otherwise be permitted in
the wetland subject to mitigation.
(2) Buffers shall be measured from the
wetland edge as delineated and marked in the
field using the federal methodology.
Required buffer widths shall reflect the
sensitivity of the wetland and its category
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and intensity of human activity proposed to
be conducted near the wetland.
(3) The following buffer widths are
established·
Wetland Category Buffer·· I
Width
Category I, including _Ebey Slough lOOfee(i
except IIl the followmg location:
North and south shore of Ebey
Slough between the western city
limits, at approximately I-5, and 25 feet
47thAve. NE
Cate!!o"-' II 60 feet
Cate,mrv III 40 feet
Cate"O"-' IV 25 feet
(4) B!1ffer widths . may be modified by
averagmg buffer widths or by enhancing
buffer quality as set forth herein.
(a) Buffer width averaging shall be allowed
only where the applicant demonstrates to the
planning department that the wetlands
contains variations in sensitivity due to
existing physical characteristics that lower-
intensity land uses would be loc~ted adjacent
to areas where buffer v,.idth is reduced that
width averaging will not adversely imp~t the
wetland functional values, and that the total
area contained within the buffer after
averaging is no less than that contained
within the standard buffer prior to averaging·
(b) Buffer width may be reduced by up to 2S
percent if an applicant undertakes measures
approved by the planning department to
enhance the buffer, including but not limited
to planting of native trees or shrubs
increasing the diversity of plant cover types:
or r~placement of exotic species with native
species; ..
(c) Notwithstanding the reductions permitted
in subparagraphs (a) and (b) above buffer
widths shall not be reduced by more than 50
percent of the required buffer or to less than
10 feet.
(5) The buffer width stated in subsection (3)
of this .section shall be increased not more
than 25 percent (buffer width x 1.25) when
the qualified consultant determines based . . ' !1POn a s1te-spec1fic wetland analysis, that
impacts on the wetland from a proposed
development can only be mitigated by a
greater buffer width. The standard wetland
buffer width shall be increased:
6/2/97
(a) When the wetland is used by anadromous
fish, plant or animal species proposed or
listed by the federal government or state as
endangered, threatened, rare candidate . . . ' , sens1t1ve or momtored; or has critical or
outstanding potential habitat for those
species or has unusual ':lesting or resting sites
such as heron rookeries or raptor nesting
trees, and the increased buffer is necessary to
protect such habitat; or
(b) When t~e adjacent land is susceptible to
severe eros10n control measures will not
effectively prevent adverse wetland impacts;
or
(c) When the standard buffer has minimal or
degraded vegetative cover that cannot be
improved through enhancement; or
( d) When the minimum buffer for a wetland
extends into an area with a slope of greater
than 25 percent, the buffer shall be the
greater of:
(i) The minimum buffer for that particular
wetland, or .
(ii) Twenty-five feet beyond the point where
the slope becomes 25 percent or less·
(6) Low impact uses and activities ~hich are
consistent with the purpose and function of
the wetland buffer and do not detract from
its integrity may be permitted within the
buffer depending on the sensitivity of the
wetland. Examples of uses and activities
:-vhich may be permitted in appropriate cases
mclude pedestrian trails, viewing platforms,
stormwater management facilities such as
grass-lined swales, and utility lines. Uses
permitted within the buffer shall attempt to
locate in the outer portion of the buffer as far
as possible from the wetland.
(7) _Biofiltration swales may be located
within wetland buffers only if they will have
no negative effect on the functions and
purpose the buffers serve for the wetland.
(8) Required buffers shall not deny all
reasonable use of property. A variance from
buffer wi~th requirei;nents may be granted by
the he_anng exammer . for the city of
MarysVJlle upon a showmg by the applicant
that:
(a) There are special circumstances
applicable to the subject property or to the
inten?ed use such as shape, topography,
locat10n or surroundings that do not apply
generally to other properties and which
support the granting of a variance from the
buffer width requirements; and
91
(b) Such buffer width variance is necessary
for the preservation and enjoyment of a
substantial property right or use possessed
by other similarly situated property but
which because of special circumstances is
denied to the property in question; and
( c) The ~ranting of such buffer width
variance Wlll not be materially detrimental to
the public welfare or injurious to the
property or improvement; and
( d) The granting of the buffer width variance
will not materially affect the subject wetland.
19.24.120 Wetland alteration and
mitigation.
(1) All adverse impacts to wetland functions
and values shall be mitigated. Mitigation
actions by an applicant or property owner
shall occur in the following priority
sequence:
(a) Avoiding the impact altogether by not
taking a certain action or parts of actions;
(b) Minimizing impacts by limiting the
degree or magnitude of the action and its
implementation;
( c) Rectifying the impact by repairing,
rehabilitating, or restoring the affected
environment;
( d) Reducing or eliminating the impact over
time by preservation and maintenance
operations during the life of the action;
(e) Compensating for the impact by replacing
or providing substitute resources or
environments.
(2) Where impacts cannot be avoided, the
applicant or property owner shall seek to
implement other appropriate mitigation
actions . in compliance with the intent,
standards and criteria of this section. These
shall include consideration of alternative site
plans and building layouts or reductions in
the density or scope of the proposal.
(3) Alteration of wetlands or their buffers
may be permitted by the planning department
subject to the following criteria:
(a) Category I wetlands. Alterations of
Category I wetlands shall be avoided, subject
to the reasonable use provisions of these
regulations.
(b) Category TI wetlands:
(i) Any proposed alteration and mitigation
shall comply with requirements of this
section and MMC 19.24.130 through
19.24.150; and
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(ii) No net loss of wetland function and
value will occur due to the alteration.
(c) Category III and IV wetlands:
(i) The proposed mitigation complies with
the requirements of this section and MMC
19.24.130 through 19.24. 160; and
(ii) \\'here enhancement is proposed,
replacement ratios comply with the
requirements of MMC 19.24.130(3).
19.24.130 Wetland mitigation standards,
criteria and plan requirements.
(1) Location and Timing of Mitigation.
(a) Mitigation shall be provided on-site,
except where on-site mitigation is not
scientifically feasible or practical due to
physical features of the property. The burden
of proof shall be on the applicant to
demonstrate that mitigation cannot be
provided on-site;
(b) When mitigation cannot be provided on-
site, mitigation shall be provided in the
immediate vicinity of and within the same
watershed as the permitted activity on
property owned or controlled by the
applicant where practical and beneficial to
the wetland resources. When possible, this
means within the same watershed as the
location of the proposed project;
(c) In-kind mitigation shall be provided
except when the applicant demonstrates and
the planning department concurs that greater
functional and habitat value can be achieved
through out-of-kind mitigation;
( d) Only when it is determined by the
planning department that subparagraphs (a),
(b ), and ( c) above are inappropriate or
impractical shall off-site, out-of-kind
mitigation be considered;
(e) Whether occurring on-site or off-site, the
mitigation project shall occur near an
adequate water supply (river, stream,
groundwater) with a hydrologic connection
to the wetland to ensure a successful
wetlands development or restoration;
(t) Any agreed-upon proposal shall be
completed before initiation of other
permitted activities, unless a phased or
concurrent schedule has been approved by
the planning department;
(g) Wetland acreage replacement ratios shall
be as specified in subsection (3) of this
section.
(2) Mitigation Performance Standards.
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(a) Adverse impacts to wetland functions
and values shall be mitigated. Mitigation
actions shall be implemented in the preferred
sequence identified in MMC 19.24.120(1).
Proposals which include less preferred or
compensatory mitigation shall demonstrate
that:
(i) All feasible and reasonable measures will
be taken to reduce impacts and losses to the
original wetland,
(ii) No overall net loss will occur in wetland
functions, values and acreage, and
(iii) The restored, created or enhanced
wetland will be as persistent and sustainable
as the wetland it replaces.
(3) Wetland Replacement Ratios.
(a) \Vhere wetlands alterations are permitted
by this chapter, the applicant shall restore or
create equivalent areas of wetlands in order
to compensate for wetland losses. Equivalent
areas shall be determined according to
acreage, function, category, location, timing
factors, and projected success of restoration
or creation;
(b) The following acreage replacement ratios
shall be used as targets. The planning
department may vary these standards if the
applicant can demonstrate and the planning
department agrees that the variation will
provide adequate compensation for lost
wetland area, functions and values, or if
other circumstances as determined by the
planning department justify the variation:
Wetland System
Category/Class
Category I
Category II
Wetland Creation,
Replacement, and
Enhancement
.Ratio (Acres)*
No filling permitted
Forested 3: 1
Scrub-sh.tub 1.5:1
Emergent 1.25: 1
Category III 1.25: 1
Category N l: 1
*Acres replaced or enhanced: acres altered.
(c) The qualified consultant in the wetlands
report may, where feasible, recommend that
restored or created wetlands shall be a higher
wetland category than the altered wetland.
19.24.140 Wetland mitigation plan
requirements.
Where it is determined by the city that
compensatory wetland mitigation is required
or appropriate, a mitigation plan shall be
6/2/97
prepared. The purpose of the plan is to
prescribe mitigation to compensate for
impacts to the wetland functions, values and
acreage as a result of the proposed action.
This plan shall consider the chemical,
physical, and biological impacts on the
wetland system using a recognized wetlands
assessment methodology and best
professional judgment. The mitigation plan
shall be prepared in two phases, a conceptual
phase and a detailed phase.
(1) Conceptual Plan -Standards and Criteria.
The applicant shall prepare a conceptual
mitigation plan for submission to the
planning department at a premitigation
conference. The conceptual mitigation plan
shall include:
(a) General goals of the mitigation plan;
(b) A review of alternative actions that
would avoid or lessen the impacts on the
wetland; .
( c) A review of literature or experience to
date in restoring or creating the category of
wetland proposed;
( d) Site topography following construction;
(e) Location of proposed wetland
compensation area;
(f) General hydrologic patterns on the site
following construction;
(g) Nature of compensation, including
wetland categories (in-kind and out-of-kind),
general plant selection and justification,
approximate project sequencing and
schedule, and approximate size of the new
wetland buffer;
(h) A conceptual maintenance plan; and
(i) Conceptual monitoring and contingency
plan.
(2) Detailed Plan -Standards and Criteria.
Following acceptance of the conceptual plan
mitigation by the planning. department, the
applicant will prepare a detailed mitigation
plan. Each detailed plan shall contain, at a
minimum, the following seven components,
and shall be consistent with the standards in
MMC 19.24.130 and 19.24.150:
(a) A clear statement of the objectives of the
mitigation. The goals of the mitigation plan
should be stated in terms of the new wetland
functions and values compared to the
functions and values of the original wetland.
Objectives should include qualitative and
quantitative standards for success of the
project, including:
93
(i) Hydrologic characteristics (water depths,
water quality, hydroperiod/hydrocycle
characteristics, flood storage capacity),
(ii) Vegetative characteristics (community
types, species composition, density, and
spacing),
(iii) Fauna! characteristics, and
(iv) Final topographic elevations;
(b) An ecological assessment of the wetlands
values and wetland buffers that will be lost as
a result of the activities, and of the
replacement wetlands and buffers, including
but not limited to the following:
(i) Acreage of project,
(ii) Existing functions and values,
(iii) Sizes of wetlands, wetland buffers, and
areas to be altered,
(iv) Vegetative characteristics, including
community type, area coverage, species
composition and density,
(v) Habitat type(s) to be enhanced, restored,
or created, and
(vi) Dates for beginning and completion of
mitigation project, and sequence of
construction activities;
( c) A statement of the location, elevation,
and hydrology of the new site, including the
following:
(i) Relationship of the project to the
watershed and existing water bodies,
(ii) Topography of site using one-foot
contour intervals,
(iii) Water level data, including depth and
duration of seasonally high water table,
(iv) Water flow patterns,
(v) Grading, filling and excavation, including
a description ofimported soils,
(vi) Irrigation requirements, if any,
(vii) Water pollution mitigation measures
during construction,
(viii) Aerial coverage of planted areas to
open water areas (if any open water is to be
present), and
(ix) Appropriate buffers;
( d) A planting plan, describing what will be
planted, and where and when the planting
will occur as follows:
(i) Soils and substrate characteristics,
(ii) Specify substrate stockpiling techniques,
and
(iii) Planting instructions, including S('ecies,
stock type and size, density or spacmg of
plants, and water and nutrient requirements;
(e) A monitoring and maintenance plan,
consistent with MMC 19.24. 160:
6/2/97
(i) Specify procedures for monitoring and
site maintenance, and
(ii) Submit monitoring reports to the
planning department;
(t) A contingency plan, consistent with these
regulations;
(g) A detailed budget for implementation of
the mitigation plan, including monitoring,
maintenance and contingency phases;
(h) A guarantee, in the form of a bond or
other security device in a form and amount
acceptable to the city attorney, assuring that
the work will be performed as planned and
approved, consistent with these regulations.
19.24.150 Performance standards for
wetlands mitigation planning,
(1) The following performance standards
shall be incorporated into mitigation plans
submitted to the city of Marysville:
(a) Use native plants (not introduced or
foreign species);
(b) Use plants adaptable to a broad range of
water depths;
( c) Plants should be commercially available
or available from local sources;
(d) Plant species high in food and cover
value for fish and wildlife;
(e) Plant mostly perennial species;
(I) Avoid comnutting significant areas of site
to species that have questionable potential
for successful establishment;
(g) Plant selection must be approved by
wetlands biologist/ecologist;
(h) Water depth is not to exceed 6.5 feet
(two meters);
(i) The grade or slope that water flows
through the wetland is not to exceed six
percent;
(j) Slopes within the wetland basin and the
buffer zone should not be steeper than three
to one ratio (horizontal to vertical);
(k) The substrate should consist of a
minimum of one foot, in depth, of clean
(uncontaminated with chemicals, or
solid/hazardous wastes) inorganic/organic
materials;
Q) Planting densities and placement of plants
should be determined by the qualified
consultant and shown on the design plans;
(m) The wetland (excluding the buffer area)
should not contain more than 60 percent
open water as measured at the seasonal high
watermark;
94
(n) Minimum buffer widths should extend 10
to 100 feet from the wetland boundary;
(o) The planting plan must be approved by
the city's planning director or consultant;
(p) Stockpiling should be confined to upland
areas and contract specifications should limit
stockpile durations to less than four weeks;
( q) Planting instructions which describe
proper placement, diversity, and spacing of
seeds, tubers, bulbs, rhizomes, sprigs, plugs,
and transplanted stock;
(r) Apply controlled-release fertilizer at the
time of planting and afterward only as plant
conditions warrant (determined during the
monitoring process) and with consideration
of run-off and a type that will minimize
impacts beyond the area intended;
(s) Install an irrigation system, if necessary,
for initial establishment period as determined
by the planning director or their designated
official;
(t) Buffers shall be surveyed, staked, and
fenced prior to any construction work,
including grading and clearing, may take
place on the site;
(u) Temporary erosion and sedimentation
controls, pursuant to an approved plan, shall
be implemented during construction; and
(v) Construction specifications and methods
must be approved by a qualified consultant
and the planning department.
(2) On completion of construction, the
wetland mitigation project must be signed off
to indicate that the construction has been
comr,leted as planned, by the applicant's
qualified consultant and the planning
department.
19.24.160 Wetland monitoring program
an.d contingency plan.
(1) A monitoring program shall be
implemented to determine the success of the.
mitigation project and any necessary
corrective actions. This program shall
determine if the original goals and objectives
are being met.
(2) A contingency plan shall be established
for compensation in the event that the
mitigation project is inadequate or fails. A
performance, and maintenance bond or other
acceptable security device is required to
ensure the applicant's compliance with the
terms of the mitigation agreement. The
amount of the performance, and maintenance
bond shall equal 125 percent of the cost of
6/2197
the mitigation project for a period of five
years; the planning department may agree to
reduce the bond in phases in proportion to
work successfully completed over the period
of the bond.
(a) During monitoring, use scientific
procedures for establishing the success or
failure of the project;
(b) For vegetation determinations,
permanent sampling points shall be
established;
(c) Vegetative success equals 80 percent per
year survival of planted trees and shrubs and
80 percent per year cover of desirable
understory or emergent species;
(d) Submit monitoring reports on the current
status of the mitigation project to the
planning department. The reports are to be
prepared by a qualified consultant and
reviewed by the city's consultant and should
include monitoring information on wildlife,
vegetation, water quality, water flow,.
stormwater storage and conveyance, and
existing or potential degradation, and shall
be produced on the following schedule:
(i) At time of construction,
(ii) Thirty days after pl.anting,
(iii) Early in the growing season of the first
year,
(iv) End of the growing season of first year,
(v) Twice the second year, and
(vi) Annually thereafter;
(e) Monitor between three and five growing
seasons, depending on the complexity of the
wetland system. The time period will be
determined and specified in writing prior to
the implementation of the site plan;
(f) If necessary, correct for failures in the
mitigation project;
(g) Replace dead or undesirable vegetation
with appropriate plantings, based on the
approved pl.anting plan or MMC 19.24.150;
(h) Repair damages caused by erosion,
settling, or other geomorphological
processes;
(i) Redesign mitigation project (if necessary)
and implement the new design; and
(j) Correction procedures shall be approved
by a qualified consultant and the planning
department.
19.24.170 Off-site density transfers for
wetland areas.
(Section held pending revisions by planning
commission and council.}
95
19.24.180 (Reserved)
Article Ill Fish and Wildlife Habitat Areas
19.24.190 Regulated activities in habitats.
The following activities within a habitat and
its associated buffer, or outside a habitat or
buffer but with the potential of adversely
affecting the habitat or buffer, shall be
regulated pursuant to the standards of this
chapter:
(1) Removing, excavating, disturbing or
dredging soil, sand, gravel, minerals, organic
matter or materials of any kind.
(2) Dumping, discharging or filling with any
material.
(3) Draining, flooding or disturbing the
water level or water table.
(4) Driving piling or placing obstructions.
(5) Constructing, reconstructing,
demolishing or altering the size of any
structure or infrastructure.
(6) Construction of any on-site sewage
disposal system, or other underground
facilities, except exempted activities.
(7) Destroying or altering vegetation through
clearing, harvesting, shading or planting
vegetation that would alter the character of a
habitat, the shade and protection for the
stream, or is a source of food or habitat for
fish or game.
(8) Activities that result in significant
changes in water temperature, physical or
chemical characteristics of water sources,
including quantity and pollutants.
(9) Relocation of the natural course of the
stream, or modification of the flow
characteristics thereof.
(10) Any other activity potentially affecting a
habitat or habitat buffer not otherwise
exempt from the provisions of this chapter.
19.24.200 Exemptions from fish and
wildlife regulations.
(1) See MMC 19.24.320 for general
exemptions to all sensitive areas.
(2) The following activities shall be exempt
from the provisions of this chapter related to
fish and wildlife habitat provided they are
conducted using best management practices:
(a) Activities involving artificially created
habitat, including but not limited to grass
lined swales, irrigation and drainage ditches,
detention facilities such as ponds, and
6/2/97
landscape features, except for habitat areas
created as· mitigation and artificially created
habitats used by anadromous fish;
(b) Prior to the effective date of the
ordinance codified in this chapter, all
commercial and industrial uses,
developments, and activities which exist
within the stream buffers until one of the
following occurs:
(i) The use, development or activity is
terminated, discontinued or abandoned for a
period of at least 12 consecutive months, or
(ii) The improvements are destroyed or
demolished to an extent where restoration
costs would exceed 75 percent of the
assessed value of the structure, or
(iii) The use of the property is changed to a
new occupancy classification under the
Uniform Building Code; and
(3) Notwithstanding the exemption provided
by this section, any otherwise exempt
activities occurring in or near critical habitat
areas shall comply with the intent of these
standards and shall consider on-site
alternatives that avoid or minimize potential
habitat impacts.
19.24.210 Fish and wildlife habitat
inventory maps.
The approximate location and extent of
habitat areas within the city of Marysville's
planning area are shown on the maps
adopted as part of this chapter. These maps
shall be used as a general guide only for the
assistance of property owners a.lld other
interested parties; boundaries are
generalized. The actual type, extent and
boundaries of habitat areas shall be
determined by a qualified consultant
according to the procedures, definitions and
criteria established by this' chapter. In the
event of any conflict between the habitat
location or type shown on the Snohomish
County Tomorrow Fish and Wildlife
Conservation Areas maps and the criteria or
standards of this ordinance, the criteria and
standards resulting from the field
investigation shall control.
19.24.220 Classification of fish and wildlife
habitat areas.
Wildlife habitat areas shall be classified as
critical, secondary or tertiary, and streams
categorized as Class I, II, ID, or IV
96
according to the criteria established in MMC
19.24.180.
19.24.230 Fish and wildlife habitat buffer
areas.
(1) The establishment of buffer areas shall be
required for regulated activities in or
ad1acent to habitat areas. Buffers shall
consist of an undisturbed area of native
vegetation established to protect the
integrity, functions and values of the affected
habitat.
(2) The following buffer widths are
established·
Wildlife Habitat or Type Buffer
Width
Ebey Slough except in the 100 feet
following location: North and
South shore of Ebey Slough
between the western city 25 feet
limits, at approximately 1-5,
and47thAve. NE
• Critical 50 feet
Secondarv 25 feet
Tertiarv Ofeet
Stream Type Buffer
Width
• Class I, Class II with 100 feet
anadromous fish
Class II without anadromous 50 feet
fish
Class ill 25 feet
Class IV 0 feet
(3) Measurement of Buffers.
(a) Nonstream Buffers. Nonstream buffers
shall be measured, on a horizontal plane,
from the habitat edge as delineated by the
qualified consultant. Required buffer widths
shall reflect the sensitivity of the habitat and
the type and intensity of human activity
proposed to be conducted nearby. Buffers
shall be determined by the planning
department based on information in the
wildlife report supplemented by its own
investigations, the sensitivity and value of the
habitat areas, the intensity and design of the ·
proposed use, and adjacent uses and
activities;
(b) Stream Buffers. All buffers shall be
measured from the ordinary high water mark
as identified in the field or, if that cannot be
determined, from the top of the bank. In
braided channels and alluvial fans, the
6/2/97
!
i
'
ordinary high water mark or top of bank
shall be determined so as to include the
entire stream feature;
(c) Combination Buffers. Any stream
adjoined by a wetland or other adjacent
habitat area shall have the buffer which
applies to the wetland or other habitat area
unless the stream buffer requirements are
more expansive.
(4) Buffer widths may be modified by
averaging buffer widths or by enhancing
buffer quality as set forth herein.
(a) Buffer width averaging shall be allowed
only where the applicant demonstrates to the
planning department that
(i) The habitat contains variations in
sensitivity due to existing physical
characteristics, and
(ii) That lower intensity land uses would be .
located adjacent to areas where buffer width
is reduced, and .
(iii) That width averaging will not adversely
impact the habitat functional values, and
(iv) That the total area contained within the
buffer after averaging is no less than that
contail!-ed within the standard buffer prior to
averagmg;
(b) Buffer width may be reduced by up to 25
percent if an applicant undertakes measures
approved by the planning department to
enhance the buffer, including but not limited
to planting of native trees or shrubs,
increasing the structural diversity of plant
cover types, or replacement of exotic species
with native species. In no instance, however,
shall the buffer width of critical, secondary,
Class I, and II buffers be reduced by more
than .50 percent of the required buffer or be
less than 25 feet.
(5) The buffer width stated in subsection (2)
of this section shall .be increased not more
than 25 percent (buffer width x l .25) when
the qualified consultant determines, based
upon a site-specific habitat analysis, that
impacts on the habitat from a proposed
development can only be mitigated by a
greater buffer width. The standard habitat
buffer width shall be increased:
(a) When the habitat is used by anadromous
fish, plant or animal species proposed or
listed by the federal government or state as
an endangered, threatened, rare, candidate,
sensitive or monitored; or has critical or
outstanding potential habitat for those
species or has unusual nesting or resting sites
97
such as heron rookeries or raptor nesting
trees, and the increased buffer is necessary to
protect such habitat; or
(b) When the adjacent land is susceptible to
severe erosion and erosion control measures
will not effectively prevent adverse habitat
impacts; or
(c) When the standard buffer has minimal or
degraded vegetative cover that cannot be
improved through enhancement; or
(d) When the minimum buffer for a habitat
extends into an area with a slope of greater
than 25 percent, the buffer shall be the
greater of
(i) The minimum buffer for that particular
habitat; or
(ii) Twenty-five feet beyond the point where
the slope becomes 25 percent or less.
(6) Low impact uses and activities which are
consistent With the purpose and function of
the habitat buffer and do not detract from its
integrity may be permitted within the buffer
depending on the sensitivity of the habitat
involved. Examples of uses and activities
which may be permitted in appropriate cases
include pedestrian trails, viewing platforms,
stormwater . management facilities such as
grass-lined swales, and utility easements.
(7) Required buffers shall not deny all
reasonable use of property. A variance from
buffer width requirements may be granted by
the city of Marysville upon a showing by the
applicant that
(a) There are special circumstances
applicable to the subject property or to the
intended use such as shape, topography,
location or surroundings that do not apply
generally to other properties and which
support the granting of a variance from the
buffer width requirements; and
(b) Such buffer width variance is necessary
for the preservation and enjoyment of a
substantial property right or use possessed
by other similarly situated property but
which because of special circumstances is
denied to the property in question; and
( c) The granting of such buffer width
variance will not be materially detrimental to ·
the public welfare or injurious to the
property or improvement; and
( d) The granting of the buffer width variance
will not materially affect the subject habitat
area; and
(e) If a variance application for stream
buffers is merged with a pending shoreline
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development permit application, the
applicant shall pay the city a single fee equal
to the amount of the shoreline permit; and
(t) No variance from stream buffers shall be
granted which is inconsistent \vith the
policies of the Shoreline Management Act of
the State of Washington and the master
program of the city of Marysville.
19.24.240 Fish and wildlife habitat
alteration.
(1) Adverse impacts to habitat functions and
values shall be mitigated to the extent
feasible and reasonable. Mitigation actions
by an applicant or property owner shall
occur in the following preferred sequence:
(a) Avoiding the impact altogether by not
taking a certain action or parts of actions;
(b) Minimizing impacts by limiting the
degree of magnitude of the action and its
implementation;
(c) Rectifying the impact by repairing,
rehabilitating, or restoring the affected
environment;
( d) Reducing or eliminating the impact over
time by preservation and maintenance
operations during the life of the action;
(e) Compensating for the impact by replacing
or providing substitute resources or
environments.
(2) Where impacts cannot be avoided, the
applicant or property owner shall implement
other appropriate mitigation actions in
compliance with the intent, standards and
criteria of this section. In an individual case,
these actions may include consideration of
alternative site plans and layouts, reductions
in the density or scope of the proposal, and
implementation of the performance standards
listed in MMC 19.24.250.
(3) Alteration of habitat .!ll1d their buffers
may be permitted by the planning department
subject to the following standards:
(a) Critical Habitat, Class I and II Streams.
Alterations of critical habitat and Class I and
II streams shall be avoided, subject to the
reasonable use provisions of this chapter and
conformance with the city of Marysville
Shoreline Management Master Program.
Access to the shoreline will be permitted for
water-dependent and water-oriented uses
subject to the mitigation sequence referred to
in subsections (1) and (2) of this section;
(b) Secondary Habitat, Class III Streams.
Alterations of secondary habitat and Class ill
98
streams may be permitted provided that the
applicant mitigates adverse impacts
consistent with the performance standards
and other requirements of this chapter;
(c) Tertiary Habitat, Class IV Streams.
Alterations of tertiary habitat and Class IV
streams are permitted consistent with
applicable provisions of these regulations and
the city of Marysville code.
19.24.250 Fish and wildlife habitat
performance standards and incentives.
(1) The performance standards and criteria
contained in this section shall be
incorporated into plans submitted for
regulated activities:
(a) Consider habitat in site planning and
design; .
(b) Locate buildings and structures in a
manner that preserves and minimizes adverse
impacts to important habitat areas;
( c) Integrate retained habitat into open space
and landscaping;
( d) Where possible, consolidate habitat and
vegetated open space in contiguous blocks;
( e) Locate habitat contiguous to other
habitat areas, open space or landscaped areas
to contribute to a continuous system or
corridor that provides connections to
adjacent habitat areas and allows movement
of wildlife;
(t) Use native species in any landscaping of
disturbed or undeveloped areas and in any
enhancement of habitat or buffers;
(g) Emphasize heterogeneity and structural
diversity of vegetation in landscaping, and
food-producing plants beneficial to wildlife
and fish; ·
(h) Remove and control any noxious or
undesirable species of plants and animals;
(i) Preserve significant trees and snags,
preferably in groups, consistent with
.achieving the objectives of these standards;
(j} Buffers shall be surveyed, staked, and
fenced prior to any construction ·work,
including grading and clearing, that may take
place on the site; and .
(k) Temporary erosion and sedimentation
controls, pursuant to an approved plan, shall
be implemented during construction.
(2) A landscape plan shall be submitted
consistent with the requirements, goals, and
standards of this chapter. The plan shall
reflect the report prepared pursuant to MMC
19.24.330 of these regulations.
6/2197
(3) As an incentive to encourage
preservation of secondary and tertiary
habitat, as those terms are defined in these
regulations, the net amount of landscaping
required by the city of Marysville may be
reduced by .25 acres for each one acre of
secondary or tertiary habitat and buffer
preserved on the site; however, that amount
cannot exceed 50 percent of the amount of
required landscaping. The reduction shall be
calculated on the basis of square feet of
habitat preserved or enhanced and square
feet of landscaping required. Habitat and
habitat buffer that is enhanced by the
applicant may also qualify for this reduction.
Preservation of secondary or tertiary habitat
shall be assured by the execution of an
easement or other protective device
acceptable to the city of Marysville.
Article IV. Geologic Hazard Areas
19.24.270 Applicability to geological
hazards.
(I) The provisions of this section shall apply
to any activity that occurs in,· on or wtthin
3 00 feet of (as indicated on the Geologic
Hazard Maps), or potentially affects, a
geologic hazard area subject to this chapter
unless otherwise exempt. These activities
may include, but are not limited to the
following:
(a) Removing, excavating, disturbing or
dredging soil, sand, gravel, minerals, organic
matter or materials of any kind;
(b) Dumping, discharging or filling with any
material;
(c) Driving pilings or placing obstructions;
(d) Constructing, reconstructing,
demolishing or altering the size of any
structure or infrastructure;
(e) Construction of any on-site sewage
disposal system, or other underground
facilities, except exempted activities;
(t) Draining, flooding, or disturbing the
water level or water table, or changing the
flow of water through the site;
(g) Destroying or altering vegetation through
clearing or harvesting; and
(h) Any other activity potentially affecting a
geologic hazard area or its setback not
otherwise exempt from the provisions of this
section.
(2) To avoid duplication, the following
permits and approvals shall be subject to and
99
coordinated with the requirements of this
section: clearing and ~rading; subdivision or
short subdivision; building permit; planned
unit development; shoreline substantial
development; variance; conditional use
permit; other permits leading to the
development or alteration of land; and
rezones.
19.24.280 Geologic hazard inventory map.
The approximate location and extent of
geologic hazard areas within the city of
Marysville's planning area are shown on the
sensitive areas maps adopted as part of this
chapter. These maps should be used as a
general guide only for the assistance of
property owners and as information for the
public. They are intended to indicate where
potentially hazardous conditions are believed
to exist. Boundaries are generalized; field
investigation and analysis by a qualified
consultant is required to confirm the actual
presence or absence of a critical area. In the
event of any conflict between the location,
designation or classification of geologic
hazard area shown on the Snohomish County
Tomorrow Geologic Hazard Areas maps and
criteria or standards of this chapter, the
criteria and standards resulting from the field
investigation shall prevail.
19.24.290 Alteration of geologic hazard
areas and development limitations.
(1) The city of Marysville may approve,
condition or deny proposals as appropriate
based on the degree to which significant risks
posed by critical hazard areas to public and
private property and to public health safety
can be mitigated. The objective of mitigation
measures shall be to render a site containing
a critical geologic hazard site as safe as one
not containing such hazard or to develop a
structure that will tolerate the hazard.
Enforceable guarantees shall be required
where appropriate. Conditions may include
limitations of proposed uses, modification of
density, alteration of site layout and other
appropriate changes to the proposal. Where
potential impacts cannot be effectively
mitigated, or where the risk to public health, ·
safety and welfare, public or private
property, or important natural resources is
significant notwithstanding mitigation, the
proposal shall be denied.
6/2/97
(2) Assurances required of the applicant and
the qualified consultant for geologic hazard
areas may at the discretion of the public
works director include:
(a) A letter from the geotechnical engineer
or geologist who prepared the required
studies stating that the risk of damage from
the proposal, both on-site and off-site, are
minimal subject to the conditions set forth in
the report, that the proposal will not increase
the risk of occurrence of the ~eologic
hazard, and that measures to eliminate or
reduce risks have been incorporated into its
recommendations; or
(b) A letter from the applicant, or the owner
of the property if not the applicant, stating its
understanding and acceptance of any risk of
injury or damage associated with
development of the site and agreeing to
notify any future purchasers of the site, ·
portions of the site, or structures located on
the site of the geologic hazard; or
(c) A legally enforceable agreement, which
shall be recorded as a covenant and noted on
the face of the deed or plat, and executed in
a form satisfactory to the city of Marysville,
acknowledging that the site is located in a
geologic hazard area; the risks associated
with development of such site; and a waiver
and release of any and all claims of the
owner(s), their directors, employees,
successors or assigns against the city of
Marysville for any loss, damage or injury,
whether direct or indirect, arising out of
issuance of development permits for the
proposal.
(3) When alteration of a geologic hazard
area is approved, the city of Marysville at the.
discretion of the public works director may
require an assurance device; such as a bond
or guarantee to cover the cost of monitoring,
maintenance and any necessary corrective
actions.
19.24.300 Setbacks from geologic hazards.
(1) A setback shall be established from the
edge of any geologic hazard area that is not
approved for alteration pursuant to these
regulations. The setback shall consist of an
undisturbed area of natural vegetation; if the
site has previously been disturbed, the
setback area shall be revegetated pursuant to
an approved planting plan.
(2) Required setbacks shall typically vary
between 25 and 50 feet; the width of the
100
setback, determined by the public works
director or his or her representative, shall
reflect the sensitivity of the geologic hazard
area and the types and density of uses and
activities proposed on or adjacent to the
geologic hazard area. In detennining an
appropriate setback width, the public works
director or his or her representative shall
consider the recommendations contained in
any technical report prepared by the
applicant's geotechnical engineer. Building
and structures shall be set back IO feet from .
the edge of the setback
(a) Setbacks shall be measured as follows:
(i) Critical landslide hazard areas: from the
edges of the hazard area as identified in the
Geolo~c Hazard Area Report,
(ii) Cntical recharge areas: from the edge of
the recharge area as identified in the
Geologic Hazard Area Report;
(b) Setbacks may be reduced to a minimum
of I 0 feet when the applicant demonstrates
through technical studies that the reduction
will adequately protect the geologic hazard
and the proposed development.
19.24.310 Geologic hazard performance
standards.
(1) The following standards shall be
implemented in all proposals occurring in or
adjacent to geologic hazard areas:
(a) Geotechnical studies shall be prepared to
identify and evaluate potential hazards and to
formulate mitigation measures;
(b) Construction methods will reduce or not
adversely affect geologic hazards;
(c) Site planning should minimize disruption
of existing topography and natural
vegetation;
( d) Disturbed areas should be replanted as
soon as feasible pursuant to a previously
approved landscape plan;
(e) Clearing and grading should be limited to
May through October;
(f) Use of retaining walls that allow
maintenance of existing natural slope areas
are preferred over graded slopes;
(g) Setbacks shall be surveyed, staked, and
fenced prior to any construction work,
including grading and clearing, may take
place on the site;
(h) Temporary erosion and sedimentation
controls, pursuant to an approved plan, shall
be implemented during construction;
6/2/97
(i) A master drainage plan should be
prepared for large projects;
(j) Undevelopable geologic hazard areas
larger than one-half acre should be placed in
a separate tract;
(k) A monitoring program should be
prepared for construction activities permitted
in geologic hazard areas; and
(I) Development shall not increase instability
or create a hazard to the site or adjacent
properties, or result in a significant increase
in sedimentation or erosion.
(2) Required setbacks shall not deny all
reasonable use of property. A variance from
setback width requirements may be granted
by the city ofMarysvil!e upon a showing:
(a) There are ·special circumstances
applicable to the subject property or to the
intended use such as shape, topography,
location or surroundings that do not apply
generally to other properties and which
support the granting of a variance from the
setback requirements; and
(b) Such setback with variance is necessary
for the preservation and enjoyment of a
substantial property right or use possessed
by other similarly situated property but
which because of special circumstances is
denied to the property in question; and
(c) The granting of such setback width
variance will not be materially detrimental to
the public welfare or injurious to the
property or improvement. ·
Article V. General Information
19.24.320 General exemptions.
The following activities shall be exempt from
the provisions of this chapter provided they
are conducted using best management
practices:
(1) Existing and ongoing agricultural
activities, as defined in MMC 19.24.040, and
any lands designated long-term commercially
significant agricultural lands;
(2) Maintenance, operation and
reconstruction of existing roads, streets,
utilities and associated structures, provided
that reconstruction of any structures may not
increase the impervious area;
(3) Normal maintenance, repair and
reconstruction of residential or commercial
structures, provided that reconstruction of
any structures may not increase the previous
floor area;
101
( 4) Site investigative work and studies
necessary for preparing land use applications,
including soils tests, water quality studies,
wildlife studies and similar tests and
investigations, provided that any disturbance
of sensitive areas shall be the minimum
necessary to carry out the work or studies;
( 5) Educational activities, scientific research,
and outdoor recreational activities that will
not have a significant effect on the habitat
area;
(6) Public agency emergency activities
necessary to pre:vent an immediate threat to
public health, safety or property;
(7) Prior to the effective date of the
ordinance codified in this chapter, any of the
following activities that have met all
conditions of approval in a timely manner
and are consistent with the reasonable use
provisions of this chapter:
(a) Complete applications as defined by the
appropriate ordinance or by city policy,
(b) Approved plats, and
(c) Development of legally created lots
which have been recorded with Snohomish
County; and
(8) Minor activities not mentioned above and
determined by the planning department to
pose minimal risk to the public health, safety,
and general welfare.
19.24.330 Permit process and application
requirements.
(l) Preapplication Conference. All applicants
are encouraged to meet with the planning
director of the city of Marysville or his or her
representative prior to submitting an
application subject to these regulations. The
purpose of this meeting shall be to discuss
the city of Marysville's sensitive areas'
requirements, process and procedures; to
review any conceptual site plans prepared by
the applicant; to discuss appropriate
investigative techniques and methodology; to
identify potential impacts and mitigation
measures; and to familiarize the applicant
with state and federal programs, particularly
those pertaining to wetlands. Such
conference shall be for the convenience of
the applicant and any recommendations shall
not be binding on the applicant or the city of
Marysville.
(2) Application Requirements. The
information required by this section should
be coordinated with reporting requirements
612191
required by this section for any other
sensitive area located on the site.
(a) Prior to the issuance of a SEPA threshold
determination for a proposal, a wetland
determination, wetland delmeation report, or
wildlife habitat report must be submitted to
the city of Marysville for review upon
request of the planning director or inclusion
of a portion or all of a site on the habitat or
wetland inventory maps prepared by
Snohomish County Tomorrow. The purpose
of the report is to determine the extent and
function of wetlands, and the extent, type,
function and value of wildlife habitat on any
site where regulated activities are proposed.
The report will also be used by the city of
Marysville to determine the appropriate
wetland, or the sensitivity and appropriate
classification of the habitat, appropriate
buffering requirements, and potential impacts
of proposed activities;
(b) In addition, wetland boundaries must be
staked and flagged in the field by a qualified
consultant employing the federal
methodology. Field flagging must be
distinguishable from other survey flagging on
the site. The field flagging must be
accompanied by a wetland delineation report;
(c) Applicants for activities within geologic
hazard areas shall conduct technical studies
to: evaluate the actual presence of geologic
conditions giving rise to geologic hazards;
determine the appropriate hazard category,
according to the classification of potential
hazards in these regulations; evaluate the
safety and appropriateness of proposed
activities; and recommend appropriate
construction practices, monitoring programs
and other mitigation measures required to
ensure achievement of the purpose and intent
of these regulations. The : format of any
required reports shall be determined by the
city of Marysville;
( d) The report of any sensitive area shall
include the following information:
(i) Vicinity map,
(ii) A map showing:
(A) Site boundary, property lines, and roads,
(B) Internal property lines, rights-of-way,
easements, etc.,
(C) Existing physical features of the site
including buildings, fences, and other
structures, roads, parking lots, utilities, water
bodies, etc.,
.102
(D) Contours at the smallest readily available
intervals, preferably at five-foot intervals,
and
(E) For large (50 acres or larger} or complex
projects with wetlands or habitat areas, an
aerial photo with overlays displaying the site
boundaries and wetland delineation or
habitat area(s) may be required. Generally,
an orthophotograph at a scale of one inch
equals 400 feet or greater (such as one inch
equals 200 feet) should be used. If an
orthophotograph is not available, the center
of a small scale (e.g., one inch equals 2,000
feet} aerial photograph enlarged to one inch
equals 400 feet may be used,
(iii) The report for any sensitive area must
describe:
(A) Locational information including legal
description and address,
(B) All natural and manmade features within
150 feet of the site boundary,
( C) General site conditions including
topography, acreage, and water bodies or
wetlands, and
(D) Identification of any areas that have
previously been disturbed or degraded by
human activity or natural processes;
(e) In addition to the general report
requirements, a report on wetlands shall
include the following infonnation:
(i) Delineated wetland boundary,
(ii) The wetland boundary must be ..
accurately drawn at an appropriate
engineering scale such that information
shown is not cramped or illegible. The
drawing shall be prepared by a surveyor.
Generally, a scale of one foot equals 40 feet
or greater (such as one inch equals 20 feet}
shoulcl be used. Existing features must be
distinguished from proposed features,
(iii) Site designated on the Wetlands Areas
Maps prepared for Snohomish . County
Tomorrow, July 1991,
(iv) Hydrologic mapping showing patterns of
water movement into, through, and out of
the site area,
(v) Location of all test holes and vegetation
sample sites, numbered to correspond with
flagging in the field and field data sheets,
(vi) Field data sheets from the federal
manual, numbered to correspond with
sample site locations as staked and flagged in
the field,
and describe:
612191
(vii) Specific descriptions of plant
communities, soils and hydrology,
(viii) A summary of existing wetland
function and value, and
(ix) A summary of proposed wetland and
buffer alterations, impacts, and the need for
the alterations as proposed. Potential impacts
may include hut are not limited to Joss of
flood storage potential, loss of wildlife
habitat, expected decreases in species
diversity or quantity, changes in water
quality, increases in human intrusion, and
impacts on associated wetland or water
resources. If alteration of a Category I, II,
III, or VI wetland is proposed, a wetland
mitigation plan is required according to the
standards ofMMC 19.24.140;
(f) In addition to the general report
requirements, a report on fish and wildlife .
habitats shall include the following
information. The level of detail contained in
the report shall generally reflect the size and
complexity of the proposal and the function
and value of the habitat. The planning
department may require field studies at the
applicant's expense in appropriate cases:··.
(i) A map of vegetative cover types,
reflecting the general boundaries of different
plant communities on the site,
(ii) A description of the species typically
associated with the cover types, including an
identification of any critical wildlife species
that might expected to he found,
(iii) The results of searches of DNR's
Natural Heritage and WDWs Non-Game
Data System databases, if available, and
(iv) Additional information on species
occurrence available from the city of
Marysville or Snohomish County,
and describe:
(v) The layers, diversity and variety of
habitat found on the site,
(vi) Identification of edges between habitat
types and any species commonly associated
with that habitat,
(vii) The location of any migration or
movement corridors,
(viii) A narrative summary of existing habitat
functions and values, and
(ix) A summary of proposed habitat and
buffer alterations, impacts and mitigation.
Potential impacts may include hut are not
limited to clearing of vegetation,
fragmentation of wildlife habitat, expected
decreases in species diversity or quantity,
103
changes in water quality, increases in human
intrusion, and impacts on wetlands or water
resources;
(g) In addition to the general report
requirements, a report on geologic hazards
shall include the following information:
(i) A characterization of soils, geology and
drainage,
(ii) A characterization of groundwater
conditions including the presence of any
public or private wells in the immediate
vicinity, and
(iii) An analysis of proposed clearing,
grading and construction activities, including
construction scheduling; potential direct and
indirect, on-site and off-site impacts from the .
development; and proposed mitigation
measures, including any special construction
techniques, monitoring or inspection
program, erosion or sedimentation programs
(during and after construction), and surface
water management controls.
In order to determine the geologic hazard
classification project, applicants shall also
include in their report to the city of
Marysville a description · prepared by a
qualified consultant that reviews the site
history and results of a surface
reconnaissance. The purpose of these
regulations is to require a level of study and
analysis commensurate with potential risks ·
associated with geologic hazards on
particular sites and for particular proposals.
Depending on the particular geologic hazard,
geologic hydrologic, and topographic studies
may be required. The appropriate report(s)
and level of analysis shall be determined
using the following guidelines:
(A) Moderate Landslide Hazard Areas:
1. Review site history and available
information, ·
2. Conduct a surface reconnaissance of the
site and adjacent areas, and
3. Conduct subsurface exploration if
indicated by (1) and (2) as determined by the
applicant's qualified consultant and the city,
(B) High Landslide Hazard Areas:
1. Review site history and available
information,
2. Conduct a surface reconnaissance of the
site and adjacent areas,
3. Conduct subsurface exploration suitable to
the site and proposal to assess geohydrologic
conditions,
6/2/97
4. Recommend surface water management
controls during construction and operation,
5. Proposed construction scheduling, and
6. Recommendations for site monitoring and
inspection during construction.
(C) Very High Landslide Hazard Areas:
1. Development is prohibited in these areas.
(D) Moderate and High Erosion Hazard
Areas:
1. Review site history and available
information,
2. Conduct a surface reconnaissance of the
site and adjacent areas, and
3. Identify surface water management,
erosion and sediment controls appropriate to
the site and proposal.
(E) Seismic Hazard Areas:
1. For one and two-story single-family
structures, conduct an evaluation of site
response and liquefaction potential based on
the performance of similar structures under
similar foundation conditions; and
2. For all other proposals, conduct an
evaluation of site response and liquefaction
potential including sufficient subsurface
explorati<in to provide a site coefficient (S)
for use in the static lateral furce procedure
described in the Uniform Building Code.
(3) Permit Process. This section is not
intended to create a separate permit process
for development proposals. To the extent
possible, the city of Marysville shall
consolidate and integrate the review and
processing of sensitive area-related aspects
of proposals with other land use and
environmental considerations and approvals.
19.24.340 Selection of qualified consultant
and city review of report.
For the purposes of this chapter, qualified
consultants not licensed by the state of
Washington for the activities they are to
perform in evaluation of sensitive areas, shall
be reviewed by and their names appear on an
approved list prepared by the city of
Marysville.
(1) Annually the city shall advertise requests
for qualifications for qualified consultants for
each area established by this chapter:
wetlands, fish habitat areas/streams, wildlife
habitat areas, and geologic hazard areas. The
planning director shall establish a panel,
approved by the mayor, to review the firm
and individual's qualifications and references.
Each qualified consultant shall have
104
completed at least a four-year degree
program. Upon review the planning director
shall recommend to the city council the list
of consultants, as selected by the panel, that
are qualified to evaluate each type of
sensitive area identified in this chapter. These
lists shall be reviewed, amended, and
adopted by the city council. There shall be a
minimum of 12 qualified consultants for each
of the three categories. The list shall be
adopted within 60 days of the adoption of
the ordinance codified in this chapter and 60
days of January 1st of each year thereafter.
(2) The adopted lists of qualified consultants
shall be made available from the planning
department.
(3) Reports meeting the criteria of the
specific ordinance, submitted by qualified
consultants included on this adopted list
should be accepted by the city of Marysville.
However, the city retains the right to have a
separate review of the reports, and at its
discretion may retain a qualified consultants
at the city's expense to review and confirm
the applicant's reports, studies, and plans.
Applicants may choose to use other
consultants which they feel meet the
definition of qualified consultants given;
however, the city retains the right to have a
separate review of their reports, and at its
discretion may retain a qualified consultant at
the applicant's expense to review and
confirm the applicant's reports, studies, and
plans.
19.:24.350 Land divisions.
All proposed divisions of land which include .
regulated sensitive areas shall comply with
the following procedures and development
standards:
(1) New lots shall contain at least one
building site, including access, that is suitable
for development and is not within the
regulated sensitive area or its associated
buffer or setback.
(2) . A regulated sensitive area and its
associated buffer or setback shall be placed
in a separate tract on which development is
prohibited, protected by execution of an
easement given to the city of Marysville, or
dedicated to the city of Marysville at the
discretion of the city of Marysville. The
location and limitations associated with the
612197
sensitive area and its associated buffer or
setback shall be shown on the face of the
deed or plat applicable to the property and
shall be recorded with the Snohomish
County auditor.
19.24.360 On-site density transfer for
sensitive areas.
(1) An owner of a residential site or property
containing sensitive areas may be permitted
to transfer the density . attributable to the
sensitive area and associated buffer area or
setback to another nonsensitive portion of
the same site or property, subject to the
limitations of this section and other
applicable regulations. In the case of streams,
only the density attributable to the buffer
may be transferred.
(2) Density can be transferred from the .
sensitive portion and associated buffer area
or setback, and only stream buffers as noted
in subsection (I) of this section, to the
nonsensitive, nonbuffer portion of the
residential site, subject to the following
conditions:
(a) The basis for the density transfer will be
an actual site plan for the srte or property as
if it did not have the sensitive area, subject to
the £rovisions of the underlying zoning
classification, applicable setbacks, and other
standards of the city code or other land
development regulations;
(b) Based on the above site plan, a portion
of the density that could be achieved on the
sensitive portion and associated buffer area
or setback, except with streams as noted in
subsection (I) of this section, of the site can.
be transferred to the nonsensitive portion of
the site. The following chart indicates ·the
amount of density that can be transferred,
based on the degree of sensitivity of the
sensitive area·
Category of Sensitive Percentage of
Area density on
sensitive area that
maybe
transferred
on-site
Category I and u 25%
wetlands, Critical
habitat, Class I and II
streams (buffers only),
High & very high
geologic hazard,
Seismic hazard
105
Category III and IV 100%
wetlands, Secondary
and tertiary habitat,
Class III & IV streams
(buffers only), Low
and moderate geologic
hazard
(c) In transferring the density from the
sensitive portion of the site and its associated
buffer or setback, and only stream buffers as
noted in subsection (I) ohhis section, to the
nonsensitive portion of the site the density of
the nonsensitive portion of the site may be
increased up to the equivalent next density
classification as shown in the following chart.
However, in the case of the highest density
multi-family zoning classifications, the
density may not be increased beyond the
current density, except under the provisions
of other sections of this title such as Planned
Residential Developments (19.48).
Undedvin.!!; Zoning Potential Densitv !
R4.5 R6.5
R6.5 RS
: RS 4000 SQ. ft. lots ;
R-12DU/Ac R-lSDU/Ac
R-18DU/Ac R-28DU/Ac
R-28DU/Ac R-2SDU/Ac
( d) The nonsensitive, nonbuffer portion of
the site is not constrained by another
environmentally sensitive or geologic hazard
areas regulated by this code;
( e) The nonsensitive, nonbuffer portion of
the site is subject to the density limitations of
the new density zoning classification, and to
applicable setbacks, and other standards of
the city code or other land development
regulations.
(3) An on-site density transfer shall meet the
requirements and follow the procedures of:
(a) Planned Residential Development,
Chapter 19.48 MMC; except for Category I
and II wetlands, critical habitat, Class I and
II streams, height and very high geologic
hazard, and seismic hazard, other than those
indicated in this section, no additional
density bonuses as described in MMC
19.48.080 shall apply to the site; for
Category III and IV wetlands, secondary and
tertiary habitat, Class III and IV streams, and
low and moderate geologic hazard, either the
on-site density transfer provisions indicated
6/2/97
in this section or the density bonuses as
described in MMC 19.4S.080 shall apply, but
not both; or
(b) Subdivisions, Title 20.
( 4) The fact that development rights have
been sold or received, and all related
conditions, will be recorded, in a fonn
acceptable to the city attorney, to become a
part of the deed of the "sending" and
"receiving properties. 11
19.24.370 General procedural provisions.
(1) Interpretation and Conflicts. Any
question regarding interpretation of these
regulations shall be resolved pursuant to the
procedures set forth in Chapter 2. 70 MMC,
relating to the hearing examiner.
(2) Appeals from Permit Decisions. Appeals
from permit decisions shall be governed by
the procedures set forth in Chapter 2. 70
MMC, relating to the hearing examiner.
19.24.380 Penalties and enforcement.
Penalty and enforcement provided in this
section shall not be deemed exclusive, and
the city may pursue any remedy or relief it
deems appropriate.
(1) Any person, firm, corporation, or
association or any agent thereof who violates
any of the provisions of this chapter shall be
guilty of a misdemeanor punishable by a fine
not to exceed $1,000. It shall be a separate
offense for each and every day or portion
thereof during which any violation of any
provisions of this chapter is committed.
(2) Any person, firm, corporation, or
association of any agent thereof who violates
any of the provisions of this chapter shall be
liable for all damages to public or private
property arising from such violation,
including the cost of restoring the affected
area to an equivalent or improved condition
prior to the violation occurring. If an
equivalent condition cannot be provided, the
violator shall be subject to a fine in an
amount equal to the value to the damage to
the environmentally sensitive area,
determined using best available methods of
calculating the value of vegetation, land, and
water resources.
(3) Restoration shall include but not be
limited to, the replacement of all improperly
removed ground cover with species similar
to those which were removed or other
approved species such that the biological and
106
l '
habitat values will be replaced, improper fill
removed, and slope stabilized. Studies by the
qualified experts shall be submitted to
determine the conditions which were likely
to exist on the lot prior to the illegal
alteration.
(4) Restoration shall also include installation
and maintenance of interim and emergency
erosion control measures until such time as
the restored ground cover and vegetation
reach sufficient maturation to function in
compliance with the performance standards
adopted by the city.
(5) The city shall stop work on any existing
permits and halt the issuance of any or all
future permits or approvals for any activity
which violates the provisions of this chapter
until the property is fully restored in
compliance with this chapter and all penalties
are paid.
(6) Notwithstanding the other provisions
provided in this chapter, anything done
contrary to the provisions of this chapter or
the failure to comply with the provisions of
this chapter shall be and the same is hereby
declared to be a public nuisance.
The city is authorized to apply to any court
of competent jurisdiction for any such court,
upon hearing and for cause shown, may
grant a preliminary, temporary or permanent
injunction restraining any ~erson, firm,
and/or corporation from violating any of the
provisions of this chapter and compelling
compliance with the provisions thereof. The
violator shall comply with the injunction and
pay all cost incurred by the city in seeking
the injunction.
19.24.390 General savings provisions -
Reasonable use.
(1) The standards and regulations of this
section are not intended, and shall not .. be
construed or applied in a manner, to deny all
reasonable economic use of private property.
If an · applicant demonstrates to the
satisfaction of the city of Marysville that
strict application of these standards and the
utilization of cluster teclmiques, planned unit
development, and transfer of development
rights would deny all reasonable economic
use of its property, development may be
permitted subject to appropriate conditions,
derived from this chapter as determined by
the planning director.
6/2/97
(2) An applicant for relief from strict
application of these standards shall
demonstrate the following:
(a) That no reasonable use with less impact
on the sensitive area and buffer or setback is
feasible and reasonable; and
(b) That there is no feasible and reasonable
on-site alternative to the activities proposed,
considering possible changes in site layout,
reductions in density and similar factors; and
(c) That the proposed activities, as
conditioned, will result in the minimum
possible impacts to sensitive area and buffer
or setback; and
( d) That all reasonable mitigation measures
have been implemented or assured; and
(e) That all provisions of the city's
regulations allowing density transfer on-site
and off-site have been considered; and
(I) That the inability to derive reasonable
economic use is not the result of the
applicant's actions.
19.24.400 No special duty created.
(1) 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
benefited 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.
(2) 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 officers, 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 ofthis chapter by its officers,
agents or employees.
107
CHAPTER 19.26 RESIDENTIAL
DENSITY INCENTIVES
SECTION:
19.26.010
19.26.020
19.26.030
19.26.050
19.26.060
19.26.070
19.26.080
Purpose
Permitted locations of
residential density
incentives
Public benefits and density
incentives
Rules for calculating total
permitted dwelling units
Review process
Minor adjustments in final
site plans
Applicability of
development standards
19.26.010 Purpose. The purpose of this
chapter is to provide density incentives to
developers of residential lands in exchange
for public benefits to help achieve
Comprehensive Plan goals of affordable
housing, open space protection, historic
preservation and energy conservation, by:
A. Defining in quantified terms the
public benefits that can be used to earn
density incentives;
B. Providing rules and formulae for
computing density incentives earned by each
benefit;
C. Providing a method to realize the
development potential of sites containing
unique features of size, topography,
environmental features or shape; and
D. Providing a review process to allow
evaluation of proposed density increases and
the public benefits offered to earn them, and
to give the public opportunities to review
and comment.
19.26.020 Permitted locations of
residential density incentives. Residential
density incentives (RDI) shall be used only
on sites served by public sewers and only in ·
the following zones:
A. In R-12 through R-28 zones;
B. Planned Residential Developments;
and
B. In MU, CB, GC and DC zones.
19.26.030 Public benefits aud density
incentives.
6/2/97
A. The public benefits eligible to earn .
increased densities, and the maximum
incentive to be earned by each benefit, are
set forth in subsection D. The density
incentive is expressed as additional bonus
dwelling units (or fractions of dwelling units)
earned per amount of public benefit
provided.
B. Bonus dwelling units may be earned
through any combination of the listed public
benefits.
C. The guidelines for affordable housing
bonuses including the establishment of rental
levels, housing prices and asset limitations,
will be updated and adopted annually by the
City Council.
D. Residential development in R-12
through R-28 zones with property specific
development standards requiring any public
benefit enumerated in this chapter, shall be
eligible to earn bonus dwelling units as set
forth in subsection E when the public
benefits provided exceed the basic
development standards of this title. When a
development is located in a special overlay
district, bonus units may be earned if the
development provides public benefits
exceeding corresponding standards of the
special district.
E. The following are the public benefits
eligible to earn density incentives through
RDireview:
108
BENEFIT
1. AFFORDABLE HOUSING
612191
a. Benefit units consisting of rental housing
permanently priced to serve non-elderly low-
income households (i.e. no greater than 30
percent of gross income for households at or
below 50 percent of Snohomish County
median income, adjusted for household size).
A covenant on the site that specifies the
income level being served, rent levels and
requirements for reporting to the City shall
be recorded at final approval.
b. Benefit units consisting of rental housing
designed and permanently priced to serve
low-income senior citizens (i.e. no greater
than 30 percent of gross income for I or 2-
person households, 1 member of which is 62
years of age or older, with incomes at or
below 50 percent of Snohomish County
median income, adjusted for household size).
A covenant on the site that specifies the
income level being served, rent levels and
requirements for reporting to City of
Marysville shall be recorded at final
annroval.
c. Benefit units consisting of moderate
income housing reserved for income-and
asset-qualified home buyers (total household
income at or below 80 percent of Snohomish
County median, adjusted for household
size). Benefit units shall be limited to
owner-occupied housing with prices
restricted based on typical underwriting
ratios and other lending standards, and with
no restriction placed on resale. Final ap-
proval conditions shall specify requirements
for reporting to the City on both buyer
e!hzibilitv and housing prices.
DENSITY INCENTIVE
1. 5 bonus units per benefit unit, up to a
maximum of 30 low-income units per five
acres of site area; projects on sites of less
than five acres shall be limited to 30 low-
income units.
1.5 bonus units per benefit unit, up to a
maximum of 60 low-income units per five
acres of site area; projects on sites of less
than five acres shall be limited to 60 low-
income units.
. 7 5 bonus unit per benefit unit.
109
. 2.
612197
d. Benefit units cons1stmg of moderate
income housing reserved for income-and
asset-qualified home buyers (total household
income at or below 80 percent of Snohomish
County median, adjusted for household
size). Benefit units shall be limited to
owner-occupied housing with prices
restricted based on typical underwriting
ratios and other lending standards, and with
a 15 year restriction binding prices and
eligibility on resale to qualified moderate
income purchasers. Final approval
conditions shall specify requirements for
reporting to the City on both buyer eligibility
and housing prices.
e. Benefit units consisting of moderate
income housing reserved for income-and
asset-qualified home buyers (total household
income at or below 80 percent of Snohomish
County median, adjusted for household
size). Benefit units shall be limited to
owner-occupied housing, with prices
restricted to same income group, based on
current underwriting ratios and other lending
standards for 30 years from date of first
sale. A covenant on the site that specifies
the income level and other aspects of buyer
eligibility, price levels and requirements for
reporting to City of Marysville shall be
recorded at final annroval.
f Benefit units consisting of mobile home I
park space or pad reserved for the relocation :
of an insignia or non-insignia mobile home,
that has been or will be displaced due to
closure of a mobile home park located in the
Citv ofMarvsville .
OPEN SPACE, TRAILS AND PARKS
a. Dedication of park site or trail right-of-
way meeting City of Marysville location and
size standards for neighborhood, community
or regional park, or trail, and accepted by
the Citv.
b. Improvement of dedicated park site to
City of Marysville standards for developed
parks.
l bonus unit per benefit unit
1. 5 bonus units per benefit unit.
1. 0 bonus unit per benefit unit.
.5 bonus unit per acre of park area or
quarter-mile of trail exceeding the
minimum requirements outlined in other
sections of this title.
.75 bonus unit per acre of park improve-
ment. If the applicant is dedicating the site
of the improvements, the bonus units
earned by improvements shall be added to
the bonus units earned bv the dedication.
110
3.
c. Improvement of dedicated trail segment
to City of Marysville standards.
1.8 bonus units per quarter-mile of trail
constructed to City standard for pedestrian
trails; or
2.5 bonus units per quarter-mile of con-
structed to City standard for multipurpose
trails {pedestrian/ bicycle/equestrian).
Shorter segments shall be awarded bonus
units on a pro-rata basis. If the applicant
is dedicating the site of the improvements,
the bonus units earned by improvements
shall be added to the bonus units earned by
the dedication.
d. Dedication of open space, meeting City .5 bonus unit per acre of open space.
of Marysville acquisition standards, to the
City, county or a qualified public or private
ornanization such as a nature conservancv.
HISTORIC PRESERVATION
a. Dedication of a site containing a historic
landmark to the City of Marysville or a
qualifying nonprofit organization capable of
restoring and/or maintaining the premises to
standards set by Washington State Office of
Archaeolol<V and Historic Preservation.
b. Restoration of a site or structure
designated as an historic landmark.
.5 bonus unit per acre of historic site.
. 5 bonus unit per acre of site or one
thousand square feet of floor area of
• building restored.
4. ENERGY CONSERVATION
612191
a. Benefit units that incorporate
conservation features in the construction of
all on-site dwelling units heated by electricity
that save at least 20 percent of space heat
energy use from the maximum permitted by
the Northwest Energy Code, as amended.
No more than 50 percent of the required
savings may result from the installation of
heat pumps. None of the required savings
shall be achieved by reduction of glazing
area below 15 percent of floor area. Energy
use shall be expressed as allowable energy
load per square foot or as total transmittance
(UA).
0 .15 bonus unit per benefit unit that
achieves the required savings.
111
b. Benefit units that incorporate
conservation features in the construction of
all on-site dwelling units heated by natural
gas, or other non-electric heat source, that
save at least 25 percent of space heat energy
use from the maximum permitted by the
Northwest Energy Code, as amended. None
of the required savings shall be achieved by
reduction of glazing area below 15 percent
of floor area. Energy use shall be expressed
as allowable energy load per square foot or
as total transmittance CUA).
0. I 0 bonus unit per benefit unit that
achieves the required savings.
5. LOCATIONAL/MIXED USE
a. Developments located within 1/4 mile of
transit routes, and within one mile of fire and
police stations, medical, shopping, and other
community services.
10 percent increase above the base density 1
of the zone.
b. Mixed use developments over one acre in
size having a combination of commercial and
residential uses.
19.26.050 Rules for cakulatiug total
permitted dwelling units. The total
dwelling units permitted through ROI review
shall be calculated using the following steps:
1. Calculate the number of dwellings
permitted by the base density of the site in
accordance with MMC 19.12;
2. Calculate the total number of bonus
dwelling units earned by providing the public
benefits listed in MMC 19.26.040;
3. Add the number of bonus dwelling
units earned to the number of dwelling units
permitted by the base density;
4. Round fractional dwelling units down .
to the nearest whole number; and
5. On sites with more than one zone or
zone density, the maximum density shall be
calculated for the site area of each zone.
Bonus units may be reallocated within the
zone's in the same manner set forth for base
units in MMC 19.12.180.
19.26.060 Review process.
A All RD I proposals shall be reviewed
concurrently with a primary proposal to.
consider the proposed site plan and methods
used to earn extra density as follows:
1. For the purpose of this section, a
primary proposal is defined as a proposed
rezone, conditional use permit or commercial
building permit.
2. When the primary proposal requires a
public hearing, the public hearing on the
6/2/97
I 0 percent increase above the base density
of the zone.
.
pnmary proposal shall serve as the heanng
on the RDI proposal, and the reviewing
authority shall make a consolidated decision
on the proposed development and use of
RDI;
3. When the primary proposal does not
require a public hearing under this title, the
RDI proposal shall be subject to the decision
critena for conditional use permits outlined
in MMC 19.52 and to the procedures set
forth for Planning Director review in this
title; and
4. The notice for the RDI proposal also
shall include the development's proposed
density and a general description of the
public benefits offered to earn extra density.
B. RDI applications which propose to
earn bonus units by dedicating real property
or public facilities shall include a letter from
the applicable receiving agency certifying
that the proposed dedication qualifies for the
density incentive and will be accepted by the
agency or other qualifying organization.
19.26.070 Minor adjustments in final
site plans. When issuing building permits in
an approved RDI development, the
Department may allow minor adjustments in
the approved site plan involving the location
or dimensions of buildings or landscaping,
provided such adjustments shall not:
A Increase the number of dwelling
units;
112
B. Decrease the amount of perimeter
landscaping (if any);
C. Decrease residential parking facilities
(unless the number of dwelling units is
decreased);
D. Locate structures closer to any site
boundary line; or
E. Change the locations of any points of
ingress and egress to the site.
19.26.080 Applicability of development
standards.
A RDI developments shall comply with
dimensional standards of the zone with a
base density most closely comparable to the
total approved density of the RDI
development.
B. RDI developments in the Rl2-28
zones and the Mixed Use zone shall be
landscaped in accordance with MMC 19.16.
C. RDI developments shall provide
parking as follows:
1. Projects with 100 percent affordable
housing shall provide one off-street parking
space per unit. The Planning Director may .
require additional parking, up to the
maximum standards for attached dwelling
units, which may be provided in common
parking areas.
2. All other RDI proposals shall provide
parking consistent with MMC 19.18.
D. RDI developments shall provide on-
site recreation space at the levels required in
MMC 19.14.
612191 113
CHAPTER 19.28 Clearing, Grading,
Filling and Erosion Control.
Sections:
19.28.010
19.28.020
19.28.030
19.28.040
19.28.050
19.28.060
19.28.070
19.28.080
19.28.090
Purpose.
Clearing and Grading
Permit.
Minimum Standards.
Temporary Erosion and
Sediment Control Plan.
Temporary Restrictions on
Clearing and Grading.
Maintenance and Security.
Inspections.
Completion of the Work.
Construction Specifications.
19.28.010 Purpose. The purpose of
these standards is to ensure that all
construction in the City of Marysville is
undertaken with facilities and measures as
necessary to minimize the erosion of soils
and siltation of water bodies. and
public/private drainage facilities. The goal of
the erosion control practices specified herein
is for no sediment to leave the construction
site or impact downstream or adjacent
properties or the environment in general.
19.28.020 Clearing and Grading
Permit.
A A clearing and grading permit is required
for a project involving any of the following,
except as provided for in subsection B. In
applying this section, the total proposal must
be considered.
(1) Any clearing, filling, or excavation in an
environmentally sensitive area or regulated
buffer.
(2) Fill and/or excavation totaling 50 cubic
yards. Quantities of fill and excavation are
separately calculated and th~n .. added
together, even if excavated matenal ts used
as fill on the same site.
(3) Over 1,000 square feet of clearing,_ as
measured at the ground level. Cleanng
includes disturbance of over 1000 square feet
at grade due to felling or topping of trees.
B. The following activities are exempt from
the requirements for a clearing and grading
permit:
612197
( 1) Agricultural management of existing
farmed areas.
(2) Routine landscape maintenance of
existing landscaped areas on developed lots
and other activities associated with
maintaining an already established landscape.
For lots developed prior to the adoption of
Sensitive Area regulations with landscaping
in what are now protected areas, routine
landscaping maintenance can occur without a
clearing and grading permit provided the soil
level is not increased.
(3) Work needed to correct an
immediate danger to life or property in an
emergency situation as declared by the
mayor or the city administrator or his/her
designee.
(4) Cemetery graves.
(5) Work, when approved by the City.
Engineer, in an isolated self-contained area,
if there is no danger to public or private
property.
C. The Clearing and Grading Permit
shall be effective for one year but may, with
cause shown, be extended for an additional
one year period. The fee schedule for the
review of plans and the permit will be set by
resolution of the City Council.
D. Permittees shall comply with the
following conditions, which shall apply to all
clearing and grading permits:
(1) Notify the City forty-eight (48)
hours before commencing any land
disturbing activity.
(2) Notify the City of completion of any
control measures within forty-eight ( 48)
hours after their completion.
(3) Obtain permission in writing from the
City prior to modifying any of the plans.
( 4) Install all control measures as identified
in the approved plans.
(5) Maintain all road drainage systems,
stonnwater drainage systems, control
measures, and other facilities identified in the
plans.
(6) Repair siltation or erosion damage to
adjoining surfaces and . drainag~ w~ys
resulting from land developmg or d1sturbmg
activities.
(7) Inspect the erosion construction cont_rol
measures at least once each week dunng
construction after each rain of 0.5 inches or
more (over a 24-hour period), and
immediately make any needed repairs.
114
(8) Allow the City to enter the site for the
purpose of inspecting compliance With the
plans or for performing any work necessary
to bring the site into compliance With the
plans.
(9) Keep an up-to date, approved copy of
the plans on the site.
(10) Ensure that all workmanship and
materials are in accordance with City of
Marysville standards and the most
current edition of the State of Washington
Standard Specifications for Road, Bridge
and Municipal Construction.
E. Construction within environmentally
sensitive areas shall be in compliance with
Chapter 19.24 MMC and shall be subject to
the review of the Planning Director.
19.28.030 Minimnm Standards.
A Siltation and Erosion Control. The
following are the minimum standards for
siltation and vehicular access controls during
construction on a site:
(1) Construction and Access Control.
Provide a clean hard surface for vehicles
entering the construction site to eliminate
tracking soil onto the street. The access
should be limited, whenever possible, to one
route. Surface materials may include quarry
spalls, crushed rock, river rock, or other
non-soil or non-sand materials. This surface
shall be in place and maintained during the
full period of construction, unless otherwise
approved by the City Engineer.
(2) Stabilization of Denuded Areas. All
exposed and unworked soils shall be
stabilized using a suitable best management
practice. (sod, vegetation, plastic covering,
mulching, etc.). No land disturbing activity
shall be undertaken until installation of
sufficient erosion and sediment control
devices to retain the sediment generated by
the activity is provided. Vegetation
measures using native plants shall be used for
erosion and sediment control wherever
feasible, rather than structural measures such
as pipes, structures, or other devices.
(3) Protection of Adjacent Properties.
Adjacent properties shall be protected from
sediment deposition by appropriate use of
vegetative buffer strips, sediment barriers or
filters, dikes or mulching, or combinations of
measures. All reasonable measures to protect
all public and private property from damage
shall be taken.
6/2/97
B. Grading. The following are the
minimum standards for grading unless
otherwise modified by an approved grading
plan:
(1) Grading shall not contribute to or create
landslides, accelerated soil creep, or
settlement of soils.
(2) Natural land and water features,
vegetation, drainage and other natural
features of the site shall be reasonably
preserved.
(3). Grading shall not create or contribute to
flooding, erosion, increased turbidity, or
siltation of a watercourse.
( 4) Groundcover and tree disturbance shall
be minimized.
(5) Grading operations shall be conducted
so as to expose the smallest practical area to
erosion for the least possible time.
( 6) Grading shall not divert existing ·
watercourses.
C. Cuts and Fills. The following are
the minimum standards for cutting and filling
slopes; provided that these provisions may be
waived by the City Engineer for grading
operations of a minor nature:
(1) Cut slopes shall be no steeper than is
safe for the intended use. Cut slopes greater
than five feet in height shall be no steeper
than two horizontal to one vertical (2: l ),
except where approved retaining walls are to
be installed.
(2) Filling should only occur where the
ground surface has been prepared by
removal of vegetation and other unsuitable
materials or preparation of steps where
natural slopes are steeper than five to one ( 5:
1 ). Fill slopes should not be constructed on
natural slopes greater than two to one (2 :
l).
(3) Fill slopes shall be no steeper than is safe
for the intended use. Fill slopes greater than
five feet in height shall be no steeper than
two horizontal to one vertical (2: l) , except
where approved retaining wall are
engineered and installed.
( 4) Steeper cut/fills may be permitted if
supported by an approved soils/geological
report.
(5) Cut and fill slopes shall not encroach
upon adjoining property without written
approval of the adjacent owner.
( 6) Cut and fill slopes shall be provided with
subsurface and surface drainage provisions
115
to approved discharge locations as necessary
to retain the slope.
(7) The faces of slopes shall be prepared and
maintained to control erosion. Check dams,
riprap, plantings, terraces, diversion ditches,
sedimentation ponds, straw bales, other
methods shall be employed where necessary
to control erosion and provide safety. The
erosion control measures shall be initiated or
installed as soon as possible and shall be
maintained by the owner.
(8) Fill materials used as a structural fill shall
be compacted in accordance with the
requirements applicable to the future use.
D. Sensitive Areas. No land disturbing
activity shall be permitted in a regulated
sensitive area, except as otherwise allowed
by applicable Jaws and permits.
E. Clean Up. Persons and/or firms engaged
in clearing, grading, and filling, or drainage
activities shall be responsible for the
maintenance of work areas free of debris or
other material that may cause damage to or
siltation of existing or new facilities or have
the potential of creating a safety hazard.
F. Dust Suppression. Dust from clearing,
grading and other construction activities
shall be minimized at all times. Impervious
surfaces on or near the construction area
shall be swept, vacuumed, or otherwise
maintained to suppress dust entrainment.
Any dust suppressants used shall be
approved by the Director. Petrochemical
dust suppressants are prohibited.
19.28.040 Temporary Erosion and
Sediment Control Plan.
A A Temporary Erosion/Sedimentation
Control Plan is required in conjunction with
a Clearing and Grading Permit, unless
otherwise exempted by the City Engineer.
The design of temporary erosion control
measures shall reflect the site's soil
conditions, topographic features, hydrology,
and weather during the construction period
and shall comply with the standards set forth
herein.
B Prior to the initial clearing and
grading of any land development, provisions
shall be made to intercept all potential silt-
laden runoff that could result from the
clearing and grading. The interception shall
preclude any silt-laden runoff from
discharging from the proposed land
development to downstream properties,
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unless approved otherwise. The interception
shall cause all silt -laden runoff to be
conveyed by open ditch or other means to
whatever temporary facility is necessary to
remove silt from the runoff prior to its
discharge.
C. Details of the siltation ponds and
channels shall be submitted to the City prior
to construction. The location and profiles of
the interim drainage channels may be shown
by a typical cross-section and flow direction
arrows.
D. The maximum velocities and channel
slopes shall be shown on the Temporary
Erosion/Sedimentation Control Plan.
E. Check dams shall be employed or
some other acceptable method to limit ditch
velocities to 5 feet per second, unless an
approved revetment is placed.
F. A siltation pond shall provide a
minimum of 1. S feet of storage below the
pond discharge. The volume of the pond
above the 1.5 foot storage shall be calculated
based upon the 6-month, 24-hour storm for
the area contributing runoff to the pond.
G. · Discharge from a siltation pond shall
be directed through filter fabric or some
other acceptable filtering system before
leaving the development.
H. A minimum of one foot of freeboard
shall be provided for all siltation ponds.
I. The following GENERAL
CONDITIONS shall be included on any
plans dealing with clearing, grading, filling or
drainage activities:
EROSION/SEDIMENTATION
CONTROL PLAN GENERAL
CONDITIONS
1. All workmanship and materials shall
be in accordance with City of Marysville
standards and the most current edition of the
State of Washington Standard Specifications
for Road, Bridge and Municipal
Construction.
2. A preconstruction meeting may be
required by the City prior to the start of
construction.
3. City of Marysville Datum shall be
used for all vertical control.
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4. All approvals and permits reviewed
by the City of Marysville shall be obtained
by the owner, applicant. or contractor prior
to the start of construction, unless otherwise
approved by the Director of Public Works.
5. The City of Marysville Public Works
Department shall be notified a minimum of
48 hours in advance of clearing and grading
activities.
6. The owner and contractor shall be
fully responsible for the location and
protection of all existing utilities. The
contractor shall verify all utility locations
prior to construction by calling Underground
locate at 1-800-424-5555 a minimum of 48
hours prior to any excavation work.
7. All temporary siltation and detention
ponds shall be 'maintained in a satisfactory
condition until such time as clearing and/or
construction is completed and the permanent
drainage facilities are operational.
8. The contractor shall have a copy of
the approved plans at the construction site at
all times.
19.28.050 Temporary Restrictions on
Clearing and Grading.
A In the areas listed below, clearing and
grading may be permitted to continue or to
be initiated during the rainy season, only if
the Director grants specific approval per
19 .28. 050C. The rainy season is defined as
November 1st through April 30th, unless the
Director modifies these dates based on
weather patterns and forecasts. In
determining whether to permit rainy season
construction, the Director shall consult with
the Public Works Department. Such
consultation shall occur on a regular basis to
ensure consistent implementation of the
City's Environmental policies and shall occur
as needed regarding individual projects on
specific sites.
(1) Developments within the
Quilceda/ Allen Creek watershed occurring
on the Getchell hillsides within Planning
Area No. 4: East Sunnyside/Whiskey Ridge,
and Planning Area No. 5:
Cedarcrest/Getchell Hill. The Planning Area
boundaries are defined by the Marysville
Comprehensive Plan.
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B. If clearing and grading is prohibited
during the rainy season, building
construction can nonetheless proceed as long
as necessary clearing and grading is complete
and effective erosion control is in place and
effectively maintained.
C. The Director shall grant approval to
initiate or continue clearing or grading
activity in the areas listed in 19.28.050.A,
during the rainy season only if, based on an
evaluation of site and project conditions, the
Director determines the proposal ensures
slope stability and adequately protects
receiving waters from increased erosion and
sedimentation during construction. The
evaluation of site and project conditions,
shall include, but not be limited to, an
evaluation of the following:
( 1) Whether the clearing and grading is near
completion if the project is already
underway;
(2) Average existing slope of the site;
(3) Quantity of proposed cut and/or fill;
( 4) Classification of the predominant soils
and their erosion and runoff potential;
(5) Proposed deep utility installation;
( 6) Hydraulic connection of the site to
. features that are sensitive to the impacts of
erosion/ sedimentation;
(7) Ability to phase clearing and grading and
to create a feasible clearing and grading
schedule;
(8) Extent of clearing and grading BMPs
proposed, and if the project is underway, the
project's track record at controlling erosion
and sedimentation.
D. Determinations under 19.28.0SOC
shall be made by the Director on a site-
specific basis. However:
( 1) Rainy season construction generally will
be prohibited for proposals requiring large
scale clearing and grading. ·
(2) Rainy season construction generally will
be approved for smaller-scale clearing and
grading proposals that have limited shallow
utility installation and are on sites with less
than 15 percent slopes, predominant soils
that have low runoff potential, and are not
hydraulically connected to sediment/erosion-
sensitive features.
(3) Rainy season construction will be
approved if extraordinary BMPs to control
erosion/sedimentation and slope stability are
proposed when:
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(a) moderate scale clearing and grading is
proposed;
(b) the proposal involves deep utility
installation; or
( c) the proposal is located on sites with
greater than 15 percent slopes, soils with a
high runoff potential, or sites hydraulically
near a sediment/erosion-sensitive feature.
E. Whenever rainy season clearing and
grading is allowed, the applicant may be
required to implement extraordinary BMPs if
the BMPs that are initially implemented are
not working. If the permit was issued in the
dry season, and work is allowed to continue
in the rainy season, the City may modify the
previously issued permit to require
additional, extraordinary BMPs.
Extraordinary BMPs may include, but not be
limited to:
(I) Performance monitoring to determine
compliance with state water quality
standards, or more stringent standards if
adopted by the City.
(2) Funding additional City inspection time,
up to a full-time inspector.
(3) Shutting down work if necessary to
control erosion and sedimentation.
(4) Construction of additional
siltation/sedimentation ponds.
( 5) Use of a series of temporary filter vaults.
(6) Use of high quality catch basin inserts to
filter runoff.
(7) Use of erosion control blankets, nets, or
mats in addition to or in conjunction with
straw mulch.
F. If a clearing and grading permit is issued,
and the City subsequently issues three stop
work orders or correction notices for
insufficient erosion and sedimentation
control, the permit will be suspended until
the dry season, or, if violations occurred in
the dry season, until weather conditions are
favorable and effective erosion and
sedimentation control is in place.
G. The Director has the authority to
temporarily stop clearing and grading during
periods of heavy rain. .
H. When clearing and grading is suspended
during the rainy season or interrupted at any
time of the year due to heavy rain or for
other reasons, the permittee shall stabilize
the site and maintain the erosion control
BMPs.
19.28.060
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Maintenance and Secnrity.
A A maintenance schedule of constructed
private facilities shall be developed for the
life of any facilities and measures
implemented pursuant to these standards and
shall state the maintenance to be completed,
the time period for completion, and who
shall perform the maintenance. This schedule
shall be included with all required plans and
permits.
B. The City Engineer may require the
applicant to furnish security in the form of a
bond, cash escrow account, an irrevocable
letter of credit, or other security which may
be acceptable to the City in its sole
discretion, in an amount determined by the
City Engineer to be sufficient to reimburse
the City if it should become necessary for the
City to enter the property to correct
conditions relating to soil instability, erosion, .
or environmental damage caused by lack of
or improper completion of the work.
19.28.070 Inspections. Prior to any
clearing, grading, filling, and/or drainage
facility construction, the contractor may be
required to conduct a preconstruction
conference with the City's inspector to
coordinate the project.
A All projects which include clearing,
grading, filling or drainage shall be subject to
inspection by the City Engineer or his
designee, who shall be granted reasonable
right of entry to the work site by the
permittee. When required by the City
Engineer, special inspection of the grading
operations and special testing shall be
performed by qualified professionals
employed by the permittee. Inspections in
conjunction with Hydraulic Permits will be
performed and enforced by the Washington
State Department of Fisheries or Wildlife.
B. Each site that has approved grading,
erosion and sediment control or other
required plans must be inspected as
necessary to ensure that the sediment control
measures are installed and effectively
maintained in compliance with the approved
plan and permit requirements. Where
applicable, . the permittee must obtain
inspection by the City at the following
stages:
(1) Following the installation of sediment
control measures or practices and prior to
any other land disturbing activity;
1!8
(2) During the construction of sediment
basins or stormwater management structures;
(3) During rough grading, including hauling
ofimported or wasted materials;
( 4) Prior to the removal or modification of
any sediment control measure or facility; and
( 5) Upon completion of final grading,
including establishment of groundcover and
planting, installation of all vegetative
measures, and all other work in accordance
with an approved plan and/or permit.
C. The permittee may secure the
services of an engineer, subject to the
approval of the City Engineer, to inspect the
construction of the facilities and provide the
City with a fully documented certification
that all construction is done in accordance
with the provisions of an approved grading,
erosion and sedimentation control or other
required plan, applicable rules, regulations,
permit conditions and specifications. If
inspection certification is provided to the
City, then the normal inspections performed
by the City for the permit may be waived. In
these cases the City shall be notified at the
required inspection points and may make
spot inspections. The engineer shall use the
"Engineer's Construction Inspection Report"
form attached for certification of the
construction or other similar form approved
by the City Engineer.
19.28.080 Completion of the Work.
A Construction Changes. Whenever
changes must be made to the original,
approved plan, the changes shall be
submitted in writing to and approved by the
City Engineer in advance of the construction
of those changes.
B,' Final reports. Upon completion of the
rough grading and at the final completion of
the work, the City Engineer may require the
following ·· reports, drawings, and
supplements thereto to be prepared and
submitted by the owner and/or an
appropriate qualified professional approved
by the City Engineer:
( 1) An as-built grading plan, including
original ground surface elevations, final
surface elevations, lot drainage patterns, and
locations and elevations of all surface and
subsurface drainage facilities.
(2) A soils grading and/or geologic grading
report, including locations and elevations of
field density tests and geologic features,
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summaries of field and other laboratory tests,
and other substantiating data and comments
or any other changes made during grading
and their effect on the recommendations
made in the approved grading plan.
C. Notification of completion. The
permittee or his/her agent shall notify the
City Engineer when the grading operation is
ready for final inspection. Final approval
shall not be given until all work has been
completed in accordance with the final
approved grading, erosion sedimentation
control and other required plans, and the
required reports have been submitted and
accepted.
19.28.090 Construction Specifications.
A Filter Fabric Fences. Filter fabric fences
shall conform to the following:
(1) Filter fabric shall be purchased in a
continuous roll cut to the length of the
barrier to avoid use of joints. When joints are
necessary, filter cloth shall be spliced
together only at a support post, with a
minimum 6-inch overlap, and securely
fastened at both ends to the post.
(2) Posts shall be spaced a maximum of 6
feet apart and driven securely into the
ground (minimum of30 inches).
(3) A trench shall be excavated
approximately 8 inches wide and 12 inches
deep along the line of the posts and upslope
from the barrier.
( 4) When standard strength filter fabric is
used, a wire mesh support fence shall be
fastened securely to the upslope side of the
posts using heavy-duty wire staples at least l
inch long, tie wires or hog rings. The wire
shall extend into the trench a minimum of 4
inches and shall not extend more than 36
. inches above the original ground surface.
( 5) The standard strength filter fabric shall
be stapled or wired to the fence, and 20
inches of the fabric shall be extended into the
trench. The fabric shall not extend more than
36 inches above the original ground surface.
Filter fabric shall not be stapled to existing
trees.
( 6) When extra-strength filter fabric and
closer post spacing is used, the wire mesh
support fence may be eliminated. In such
case, the filter fabric is stapled or wired
directly to the posts with all of the other
above provisions still applying.
119
(7) Filter fabric fences shall not be removed
before the upslope area has been
permanently stabilized.
(8) Filter fabric fences shall be inspected
immediately after each rainfall and at least
daily during prolonged rainfall. Any required
repairs shall be made immediately. Sediment
must be removed prior to reaching
approximately one third the height of the
fence.
B. Straw or Hay Bale Barriers. Straw or
hay bale barriers consist of a row of
entrenched and anchored straw or hay bales
installed across the toe of a slope. These
barriers are temporary and have a life
expectancy of 2 months or less. The purpose
of this type of barrier is to intercept and
detain small amounts of sediment from
disturbed areas of limited extent in order to
prevent sediment from leaving the site and to
decrease the velocity of sheet flows and low
level channel flows. The use of these barriers
shall conform to the following:
(1) Straw and hay bales may be used below
areas subject to sheet and rill erosion. The
size of the drainage area shall be no greater
than 0.25 acre and the length of the slope
behind the barrier shall be no greater than
100 feet If the slope has a gradient greater
than 10 percent slope, then the length shall
not be greater than 50 feet.
(2) There shall be no concentration of water
or possibility of a washout in a channel
above the barrier.
(3) Bales shall be placed in a single row,
lengthwise, on the contour, with ends of
adjacent bales tightly abutting one another.
( 4) All bales shall be either wire-bound or
string-tied and placed with bindings oriented
around the sides rather than the tops and
bottoms of the bales in order to prevent
rapid deterioration of the bindings.
( 5) The barrier shall be entrenched and
backfilled. A trench shall be excavated the
length and width of the proposed barrier to a
depth of at least 4 inches. After the bales are.
staked and cracks between the bales chinked
as necessary, the excavated soil shall be
backfilled against the barrier. Backfill soil
shall conform to the ground level on the
downhill side and shall be built up to 4 inches
against the uphill side of the barrier.
( 6) Each bale shall be anchored by at least
two stakes or rebar driven through the bale.
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The first stake in each bale shall be driven
towards the previously laid bale in order to
force the bales together.
C. Plastic Sheeting or Covering. Plastic
covering is for use on bare slopes which
require immediate protection from erosion.
Plastic covering shall conform to the
following:
(I) Plastic sheeting shall have a minimum
thickness of 6 mills and shall meet
WSDOT/APWA Specification 9-14.5.
(2) Covering shall be installed and
maintained tightly in place by using sandbags
or ties on ropes with a maximum 10 foot
grid spacing in all directions. All seams shall
be taped or weighted down full length and
there shall be at least a 12 inch overlap of all
seams.
(3) Clear plastic covering shall be installed
immediately on areas seeded between
November I and March 31 and remain until
vegetation is firmiy established.
(4) When the covering is used on unseeded
slopes, it shall be kept in place until the next
seeding period.
(5) Plastic covering sheets shall be buried
two feet at the top of slopes in order to
prevent surface water flow beneath the
sheets.
( 6) Proper maintenance shall be performed,
including regular checks for rips and
dislodged ends.
D. Stair Stepping Cut Slopes and Grooving
Slopes. Graded areas with slopes greater
than 3: 1 but less than 2: I shall be roughened
before seeding. This can be accomplished in
a variety of ways, including "trackwaiking"
or driving a crawler tractor up and down the
slope, leaving a pattern of cleat imprints
parallel to the slope contours: Graded areas
steeper than 2: 1 shall be stair-stepped with
benches in order to help vegetation become
established and trap soil eroded from the
slopes above.
E. Erosion Control Blankets. Erosion
blankets shall conform to the following:
Erosion blankets (nets and mats) may be
used on level areas, on slopes up to 2: l, and
in waterways, with hydraulics permit
approval.
( 1) Before installing, all needed surface
runoff control measures such as gradient
120
terraces and sediment basins shall be in
place.
(2) Where soil is highly erodable, the net
shall only be used in conjunction with an
organic mulch such as straw and wood fiber.
(3) Jute net shall be heavy, uniform cloth
woven of single jute yam, which if 36 to 48
inches wide shall weigh an average of 1.2
pounds/linear yard. It must be so applied that
it is in complete contact with the soil. If it is
not, erosion will occur beneath the net.
( 4) Netting shall be securely anchored to the
soil with No. 11 gauge wire staples at least 6
inches long.
F. Mulching. Mulching provides immediate
protection to exposed soils during periods of
short construction delays, steep slopes, or
over winter months through the application
of plant residues and other suitable materials.
Mulching shall conform to the following:
(I) Mulching shall be used in areas with
slopes greater than 2: I.
SEED MIXTURE
(2) Mulching shall be used immediately after
seeding or in areas which cannot be seeded
because of the season.
(3) If clear plastic sheeting is not used,
mulch may be applied to exposed surface
soils, including stockpiles, which shall not be
final graded within 15 days.
G. Erosion Control Seeding.
(1) Erosion control seeding may be used
where permanent structures are to be
installed or extensive grading of the area will
occur before the establishment of permanent
vegetation. Seeding will reduce erosion and
sedimentation by stabilizing exposed soils
that will not be brought to final grading or
permanent cover treatment or vegetation
within 15 days of the exposure. Seed mixture
shall be as shown in the table that follows.
Other seed mixtures may be used following
local supplier recommendations and approval
of the City.
Name Proportions by Weight Percent .Percent
Redtoni-1 ,.,;:ostis ~1ba'i 10%
Annual rveiLolium multiflorum) 40%
Che wings fesque (festuca rubrii 40%
commutata, Jamestown, Banner,
Shadow or Kotet)
White dutch clover (Trifolium 10%
renens•
(2) Erosion control seeding shall conform to.
the following criteria:
a. Seed shall not be used in areas subject to
wear by construction traffic,
b. Seed beds planted between May 1 and
October 31 will require irrigation and other
maintenance as necessary to foster and
protect the root structure. Between October
31 and April 30, armoring of the seed bed
will be necessary using geotextiles, jute mat,
or clear plastic covering.
c. Before seeding, install needed surface
runoff control measures, such as gradient
terraces, swales and sediment basins,, shall
be installed.
6/2197
Purity Germinatio
n
92% 90%
98% 90%
97% 80%
96% 90%
d. The seed bed shall be firm with a fairly
fine surface, following surface roughening.
Perform all cultural operations across or at
right angles to the slope.
e. Fertilizers shall be used according to
suppliers recommendations.
f. For developments adjacent to water
bodies and wetlands, a fertilizer shall be used
as specified by an agronomist based upon a
soil analysis to meet the needs of the
growing plants without harming the
waterbody or wetland.
g. The seed mixture in the table shall be
applied at a rate of 120 lbs./acre.
121
H. Topsoiling. Topsoiling provides a
suitable growth medium for final site
stabilization with vegetation. Preservation or
importation of topsoil are the most effective
methods. Topsoiling shall conform to the
following:
(l) Topsoil should be applied to areas with
highly dense or impermeable soils, where
mulch and fertilizer alone would not provide
a suitable growth medium and where slopes
do not exceed 3: 1.
(2) Field exploration of the site shall be
made to determine if there is surface soil of
sufficient quantity and quality to justify
stripping. Topsoil shall be friable and loamy.
{3) Stripping shall be confined to the
immediate construction area. A 4 to 6 inch
stripping depth is commonly necessary, but
depth may vary depending on the particular
soils. All surface runoff control structures
shall be in place before stripping.
(4) Stockpiles shall be stabilized with plastic
covering or other approved method daily
between Nov. I and March 31. In any
season, sediment leaching from the stock
piles shall be prevented.
( 5) Topsoil shall not be placed while in a
frozen or muddy condition, when the
subgrade is excessively wet, or when
conditions exist that may otherwise be
detrimental to proper grading, sodding, or
seeding.
(6) Previously established grades on the
areas to be topsoiled shall be maintained
according to the approved plan.
I. Stabilization with Sod. Sod stabilizes soil,
reduces damage from sediment and runoff to
downstream areas, and enhances natural
beauty by establishing long-term strands of
grass. Use of sod shall conform to the
following:
( 1) Sod shall be used on sites which can be
maintained with ground equipment (generally
on slopes not exceeding 2:1).
(2) Sod shall be machine cut at a uniform
soil thickness of 3/4 inch at the time of
curing, not including top growth and thatch. ·
(3) Standard size sections of sod shall be
strong enough to support their own weight
and retain their size and shape when
suspended by the end of a 3 foot section.
( 4) Sod shall not be harvested or
transplanted when moisture content, either
too dry or too wet, may adversely affect its
6/2/97
survival. Sod shall be harvested, delivered
and installed within a period of 36 hours.
J. Construction Road Stabilization.
Construction road stabilization is used
whenever rock-based roads or parking areas
are constructed, whether permanent or
temporary, for use by construction traffic.
This practice provides erosion protection to
subdivision roads, parking areas, and other
on-site vehicle transportation routes
immediately after grading. Construction road
stabilization shall conform to the following:
(1) A 12 inch depth of 4" to 8" crushed
rock, gravel base, or crushed surfacing base
course shall be applied immediately after
grading or the completion of utility
installation within the right-of-way. A 4 inch
course of asphalt treated base (ATB) may be
used in lieu of crushed rock.
(2) Where feasible, alternative route shall be
made for construction traffic; one for use in
dry conditions, the other for use in wet
conditions.
(3) Temporary roads shall follow the
contour of the natural terrain to the extent
possible.
( 4) Slope shall not exceed 15 percent.
( 5) Roadways shall be carefully graded to
drain transversely.
( 6) Drainage swales shall be provided on
each side of the roadway in case of a
crowned section or on one side in the case of
a super elevated section.
122
CHAPTER 19.32 HOME
OCCUPATIONS.
SECTIONS:
19.32.010
19.32.020
Purpose
Home occupation standards
19.32.010 Purpose. The purpose of this
chapter is to allow small scale commercial
occupations incidental to residential uses to
be located in residences while guaranteeing
all residents freedom from excessive noise,
traffic, nuisance, fire hazard, and other
possible effects of commercial uses being
conducted in residential neighborhoods.
19.32.020 Home occupation standards.
A. . Home occupations are permitted as an
accessory use to the residential use . of a
property only when all of the. following
conditions are met:
1. The total area devoted to all home
occupation(s) shall not exceed twenty-five
percent of the floor area of the dwelling unit
or 600 square feet, whichever is less;
2. The home occupation may be located in
the principal dwelling or in an accessory
structure. If located in an accessory
structure, the area devoted to the
occupation, as described in subsection 1 of
this paragraph, shall be based upon the floor
area of the dwelling only;
3. Not more than one person outside of the
family shall be employed on the premises;
4. The home occupation shall in no way
alter the normal residential character of the
premises;
5. The home occupation(s) shall not use
electrical or mechanical equipment that
results in:
a. A change to the fire rating of the
structure(s) used for the home occupation(s);
b. Visual or audible interference in radio or
television receivers, or electronic equipment .
located off-premises; or
c. Fluctuations in line voltage off-premises.
6. No equipment or material may be stored,
altered or repaired on any exterior portion of
the premises.
7. Sales shall be limited to merchandise
which is produced on the premises and/or
6/2/97
mail order and telephone sales with off-site
delivery;
8. Services to patrons shall be arranged by
appointment or provided off-site;
9. The home occupation(s) may use or
store a vehicle for pickup of materials used
by the home occupation(s) or the distribution
of products from the site, provided:
a. No more than one such vehicle shall be
allowed;
b. Such vehicle shall not park within any
required setback areas of the lot or on
adjacent streets; and
c. Such vehicle shall not exceed a weight
capacity of one ton. ·
10. Signs in connection with the home
occupation shall comply with the restrictions
of Section 19.20.200(h) of the City's sign
code.
11. No sales or services will be conducted on
the premises which will generate more than
l 0 average daily round trips per day by
customers.
B. A home occupation permit issued to
one person shall not be transferable to any
other person; nor shall a home occupation
permit be valid at any other address than the
one listed on the permit.
C. In granting approval for a home
occupation, the reviewing official may attach
additional conditions to insure the home
occupation will be in harmony with, and not
detrimental to, the character of the
residential neighborhood.
D. Any home occupation authorized under
the provisions of this Chapter shall be open
to inspection and review at all reasonable
times by enforcement officials for puryoses
of verit}'ing compliance with the conditions
of approval and other provisions of this Title.
123
CHAPTER 19.34 ACCESSORY
DWELLING UNITS.
SECTIONS:
19.34.010
19.34.020
Purpose
Accessory dwelling unit
standards.
19.34.010 Purpose. The purpose of this
chapter is to allow for secondary dwelling
units to be established which are incidental to
the primary residential use of a single family
residence, while ensuring compatibility with
surrounding single family uses.
19.34.020 Accessory dwelling unit
standards. In the zones in which an
accessory dwelling is listed as a pennitted
use, the Planning Director shall review all
proposals to establish an accessory dwelling
unit. The following standards and
regulations shall apply to all proposed
accessory dwelling units:
1. An owner-occupant of a single-family
dwelling unit may establish ouly one
accessory unit, which may be attached to the
single-family dwelling or detached in an
accessory building. An accessory dwelling
unit any not be located on a lot on which a
temporary dwelling, as defined in MMC
19.44, is located.
2. The single-family dwelling unit must be
owner-occupied on the date of application
and remain owner-occupied for as long as
the accessory unit exists. A covenant shall
be required which is signed by the owner,
and recorded against the property as part of
the application process.
3. The floor area of the accessory dwelling
unit shall not exceed thirty-five (35) percent
of the total floor area of the original single
family dwelling. In no case, shall the
accessory dwelling unit be less than 300
square feet in size, or have more than two
(2) bedrooms. Floor areas shall be exclusive
of garages, porches, or unfinished
basements.
4. The architectural character of the single-
family dwelling shall be preserved. Exterior
materials, roof form, and window spacing
and proportions shall match that of the
existing single-family dwelling. Ouly one
main entrance shall be permitted on the front
6/2/97
(street face) of the dwelling, provided that
this limitation shall not affect the eligibility of
a residential structure which has more than
one entrance on the front or street side on
the effective date ofthis ordinance.
5. One off-street parking space shall be
provided and designated for the accessory
apartment ( in addition to the two off-street
parking spaces required for the primary
single-family dwelling unit). Driveways may
be counted as one parking space but no
parking areas other than driveways shall be
created in front yards. When the property
abuts an alley, the off-street parking space
for the accessory dwelling unit shall gain
access from the alley.
6. An owner-occupant of a single-family
dwelling with an accessory apartment shall
file, on a form available from the planning
department a declaration of owner
occupancy with the planning department
prior to issuance of the building permit for
the accessory apartment and shall renew the
declaration annually. The initial declaration
of owner occupancy shall be recorded with
the county auditor prior to filing the
declaration with the planning department.
7. The owner-occupant(s) may reside in the
single-family dwelling unit or the accessory
dwelling unit.
8. In addition to the conditions which may be
imposed by the Planning Director, all
accessory dwelling units shall also be subject
to the condition that such a permit will
automatically expire whenever:
a. The accessory dwelling unit is
substantially altered and is thus no longer in
conformance with the plans approved by
both the Planning Director and the Building
Official; or
b. The subject lot ceases to maintain at
least three off-street parking·spaces; or
c. The applicant ceases to own or reside
in either the principal or the accessory
dwelling unit.
124
CHAPTER 19.36.BED & BREAKFASTS
SECTIONS:
19.36.010
19.36.020
Purpose
Bed and breakfast inn &
guesthouse standards.
19.36.010 Purpose. The purpose of this
chapter is to allow for small scale
commercial lodging in residential or
commercial areas, and establishing
performance standards to ensure
compatibility when being conducted in
residential neighborhoods.
19.36.020 Bed and breakfast inn &
guesthouse standards. 1. Where bed and
breakfast inns and bed and breakfast
guesthouses are allowed in the same zone,
only one or the other of these facilities may
be located on a subject property at the same
time. An approved bed and breakfast
guesthouse may be expanded to a bed and
breakfast inn if a conditional use application
for an inn is obtained and the original permit
for the guesthouse is vacated.
2. Submittal plan requirements to
accompany a conditional use application:
A Site plan requirements. The site plan
shall indicate the location of the off-street
parking, proposed screening, the location
and size of the bed and breakfast inn, and
any proposed new construction to the
premises, including additions, remodeling
and/or outbuildings.
B. Architectural requirements. For new
construction only, the following shall apply:
I) The applicant shall submit proposed
architectural drawings and renderings of the
proposed structure, including exterior
elevations, which shall project a residential,
rather than a commercial appearance. This
architectural documentation shall be in
sufficient detail to demonstrate discernible
compatibility between the new construction
and the existing on-site development and
structures; PROVIDED FURTHER, The
applicant also shall document a design
which, in scale and bulk, is in keeping with
existing buildings on adjacent properties and
compatible with the surrounding character
and neighborhood in which the guesthouse
or inn is located.
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2) If an outbuilding or outbuildings are
proposed, a grading plan, showing the extent
of clearing activity is required. Site design
shall be sensitive to the natural features of
the site. The use of manufactured and
mobile homes is prohibited.
C. Screening: The owner/operator shall
provide screening with shrubs, trees, fencing
and other suitable materials as necessary to
minimize the impacts upon the residential
character of the surrounding neighborhood.
D. Floor plan: The floor plan shall
indicate bathrooms to be used by guests and
the location and the location and number of
guest moms.
3, Minimum performance standards:
A. Parking requirements shall be in
accordance with subsection 19.18. No on-
street parking shall be allowed.
B. Meal service shall be limited to
overnight guests of the establishment.
Kitchens shall not be allowed in individual
guest rooms.
C. The owner shall operate the facility
and reside on the premises.
D. One sign for business identification
and advertising shall be permitted in
conjunction with the bed and breakfast
establishment.
E. The bed and breakfast establishment
shall be conducted in such a manner as to
give no outward appearance nor manifest
any characteristics of a business, except as to
the sign as allowed above, that would be
incompatible with the ability of the
neighboring residents to enjoy peaceful
occupancy of their properties.
F. Guests shall be permitted to stay at
the establishment for not more than lO
consecutive days at a time.
G, The applicant shal.l submit a letter
from the applicable water purveyor and
sewer district, if applicable, stating that each
of them has the respective capacity to serve
the bed and breakfast.
H. The applicant shall comply with all
applicable city codes for fire, health and
building requirements and any applicable
food service regulations and on-site sewage
125
disposal requirements of the Snohomish
Health District.
I. If three or more guest rooms are
proposed, the applicant shall also meet state
requirements for a "transient accommodation
license", as required by Chapter 212-52
WAC, as now written or hereafter amended.
J. Bed and breakfast houses shall be
permitted where indicated by the permitted
use table for individual zones and within
homes on the National or State Historic
Register m any zone.
6/2/97 126
Chapter 19.37 .
FREEWAY SERVICE ZONE
Sections:
19.37.010
19.37.020
19.37.030
19.37.040
19.37,050
19.37.060
19.37.070
19.37.080
19.37.090
19.37.100
19.37.110
19.37.120
19.37.130
Purpose.
Establishing in certain areas.
Permitted uses.
Accessory uses.
Lot area.
Lot width.
Yards.
Height regulations.
Lot coverage.
Parking.
Screening.
Issuing building permits.
Granting permission for an
FSzone.
19.37.010 Purpose. .
The purpose of establishing the freeway
service (FS) zone is to pennit 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 confiestion in the
vicinity of the ramp. Perm:ttted uses are
therefor limited to commercial
establishments required by highway users.
Certain performance standards, subject to
hearing examiner review, are included to
protect the freeway design.
19.37.020 Establishing in certain areas.
The FS zone is to be established only upon
land abutting a frontage or access road of a
limited access highway and under single
ownership or unified control. The proposed
development plan for the zone must include
provisions for the elimination of existing uses
which are made nonconforming by the
rezoning amendments.
19.37 .030 Permitted uses.
The following are pennitted uses in an FS
zone:
(1) Motels, motor hotels, tourist trailer
courts and other temporary lodging facilities
for the highway traveler;
(2) Facilities for highway vehicle servicing
and maintenance;
(3) Restaurants and drive-in restaurants.
19.37.040 Accessory uses.
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Uses pennitted only in conjunction with
appropriate principal uses, subject to gross
floor area limitations in furtherance of the
policies of this chapter are as follows:
(1) Facilities for emergency vehicle repair,
when conducted entirely within a building;
(2) Confectionery, delicatessen, drug store
and candy store;
(3) 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 the 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.
19.37.050 Lot area.
No minimum site area shall be required·
except as required by the planning
commission in considering the site plan for
approval.
19.37.060 Lot width.
There are no lot width requirements in an FS
zone.
19.37.070 Yards.
(1) There shall be a minimum setback from
all public or private rights-of-way and all
easements as outlined herein unless
modified IJy MMC 19.a7.040(7), relating
te fFee sftl:Bding sigB strnetuFeS.
(2) There shall be a minimum setback of 25
feet from any FS zone rear or side property
line adjoining a residential area or zone. If
not adjoining a residential area or zone, the
minimum setback shall be five feet from the
side yard line and 15 feet from the rear yard
line.
19.37.080 Height regulations.
Buildings, sign and structure height shall not
exceed 3 5 feet as measured at the front face
of the building unless modified herein,
19.37.090 Lot coverage.
There are no lot coverage requirements in an
FS zone.
19.37.100 Parking.
Parking shall be provided as outlined in
Chapter 19.18 MMC.
127
19.37.110 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 areas or by
topography or other natural conditions. No
screening shall be required when abutting
existing parks, parkways, recreation areas or
by topography or other natural conditions.
19.37.120 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 develo~ment plans as
they contribute to or !itnJt the possible
ultimate development of the zone.
19.37.130 Granting permission for an
FSzone.
Prior to formal hearing examiner
consideration for the granting of an FS zone,
the planning department shall have on file the.
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.
6/2197 128
CHAPTER 19.38 Development Standards
Mobile Horne Parks.
Sections:
19.38.010
19.38.020
19.38.030
19.38.040
19.38.050
19.38.060
19.38.070
19.38.080
19.38.090
19.38.100
19.38.110
19.38.120
19.38.130
19.38.140
Purpose.
General requirements.
Mobile/manufactured home
park zone.
Procedures for review and
approval.
Development standards.
Required elements of site
plans.
Design standards.
Park administration.
Authority to issue permits
for and inspect installations
of mobile/manufactured
homes.
Permits for
mobile/manufactured
homes.
Permits for accessory
structures.
Inspections.
Installation standards.
Insignia requirement.
19.38.010 Purpose.
The purpose of this chapter shall be to insure
a suitable living environment for owners of
mobile/ manufactured homes located within
mobile/manufactured home parks. The
following standards and regulations are
necessary for the health, safety, general
welfare and convenience of the inhabitants of
the city of Marysville.
19.38.020 General requirements.
(1) No mobile/manufactured home shall be
located outside of a mobile/manufactured
home park, except in the case of temporary
uses as defined in MMC 19.44 and subject to
strict compliance with the requirements of
said section.
(2) Mobile/manufactured homes shall be
used for residential purposes only, except for
limited home occupations as provided for in
MMC 19.32, and except in cases of
temporary uses as defined in MMC 19.44,
subject to strict compliance with the
requirements of said section.
(3) No space shall be rented for any purpose
within a mobile/manufactured home park
except for a permanent residence.
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( 4) No person, company or corporation shall
establish a new mobile/manufactured home
park, or enlarge the size of or increase the
allowed density of an existing
mobile/manufactured home park, without
first complying with the provisions of this
chapter.
19.38,030 l\ilobile/manufactured home
park zone.
There is created a mobile/manufactured
home park zone (MHP) which shall be
construed as an overlay classification which
may be enacted for any area within the city
zoned in the multiple-family residential
classification (R 12-R 28), and Planned
Residential Development classification (PRD
4.5-PRD 8), Rural Use classification with a
conditional use permit, or the general
commercial classification.
(1) Purpose. The purposes of the MHP
classification are:
(a) To provide a suitable living environment
within a park-like atmosphere for persons
residing in mobile/manufactured homes;
(b) To encourage variety in housing styles
within areas designated for other residential
development;
( c) To permit flexibility in the placement of
mobile/manufactured homes on a site in
order to minimize costs associated with
development of roads, utilities, walkways
and parking facilities, while providing
adequate common and private open space.
(2) Permitted Uses. In the lVIHP zone the
following uses are permitted:
(a) Mobile/manufactured home parks,
subject to the requirements of this chapter; ·
(b) Mobile/manufactured homes, located
only within an . approved
mobile/manufactured home park;
( c) Accessory uses and structures as
provided in MMC 19.08.030(A);
( d) Recreational facilities located within and
primarily for the use of residents of an
approved mobile/manufactured home park;
(e) Recreational vehicle and boat storage
facilities located within and limited to use by
residents of an approved
mobile/manufactured home park
19.38.040 Procedures for review and
approval.
(1) Rezone. For an MHP overlay zoning
classification to be enacted, all procedural
129
requirements, including filing fees specified
in Chapter 19.60 MMC, shall be complied
with in full.
(2) Conditional Use Permit. A mobile home
park shall be allowed in a single family
residential zone only upon approval of a
PRD rezone and the issuance of a
conditional use permit by the city. The
owner, operator and occupants of a mobile
home 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.
(3) Preliminary Site Plan. A preliminary site
plan meeting the requirements of MMC
19 .3 8. 060 (1) 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.
( 4) Final 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 final
site plan meeting the requirements of MMC
19.38.060(2). The city staff shall review the
final 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 final site
plan shall be signed by the Planning Director.
An approved final 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 final
site plan.
(5) 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 final site plan
6/2/97
shall preclude the necessity to plat the park
or comply with any subdivision laws or
ordinances.
(6) Amendment of Final Site Plan. An
approved final 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 hearin~ examiner and city
council as a rezone application pursuant to
MMC 19.54.
(7) Duration of Approval. An MHP rezone
and the final 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
30 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 final site plan shall be completed or
bonded. Bonding shall conform to the
bonding requirements for plats specified in
Chapter 20.24 MMC.
(8) Completion Prior to Occupancy. All
required improvements and other conditions
of the MHP rezone and final 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.
(9) Compliance. Any use · of land which
requires an MHP rezone and final 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 final site plan,
constitutes a violation of this title.
(10) 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
130
requirements of the health district shall be
construed as being supplements to the
provisions of this chapter.
19.38.050 Development standards.
The purpose of this section is to establish
minimum development standards for
mobile/manufactured home parks.
(I) Density. The number of
mobile/manufactured homes permitted in a
mobile/manufactured home park shall not
exceed eight units per gross acre. In rezoning
property to MHP, the city may limit density
further to insure compatibility with the
surrounding residential area.
(2) Site Area. The minimum site area of a
mobile/manufactured home park shall be
three acres. The maximum site area of a
mobile/manufactured home park, or
combination of adjacent parks, shall be 15
acres. Parks shall be considered to be
"adjacent" to one another unless they are
separated by an unrelated land use, and not
merely by a public or private street, easement
or buffer strip.
19.38.060 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 40 feet and shall
include, at a minimum, the following:
(1) Preliminary Site Plan.
(a) The title and location of the proposed
park, together with the names, addresses and
telephone numbers of the owners of record
ofthe 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;
(b) Area of the site;
( c} Project staging or phases, if any; .
(d) The number of mobile/manufactured
homes to be accommodated;
(e) 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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(f) The location, identification and
dimensions of all property lines, streets,
alleys and easements. Indicate· the condition
of all public rights-of-way;
(g) The location of all existing and proposed
structures, including but not limited to
buildings, fences, culverts, bridges, roads and
streets;
(h) The proposed location of all mobile/
manufactured homes and accessory
structures with setback requirements and lot
coverage limitations;
(i) 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;
G) The location and intended use of outdoor
storage areas;
(k) The location and intended use of
recreational areas and facilities;
(I) Such additional detail as a city staff
reasonably requires.
(2) Final Site Plan.
(a) All elements of the preliminary site plan,
as approved by the city council;
(b) Original and proposed topography at
maximum five-foot contour intervals, and
preservation measures for fill and cut slopes;
( c) Typical cross-sections of all proposed
internal circulation streets;
( d) The existing edge and width of pavement
of any adjacent roadways and all proposed
internal streets, off-street · parking facilities,
driveway approaches, curbmg, sidewalks or
walkways, street canalization and type of
surfaces;
( e) The location, size and type of all
proposed signs;
(t) The location, type and wattage of all
outdoor lighting with typical standards
illustrated;
(g) The location of all water mains, valves
and fire hydrants;
(h) The location of all sewer mains, laterals,
manholes, pump stations, and other
appurtenances;
(i) The location of all storm water drainage
facilities, retention/detention ponds, and
oil/water separators;
(j) A certificate of approval prepared for the
signature of the Planning Director.
19.38.070 Design standards.
131
The purpose of this section is to establish
minimum standards for mobile/manufactured
homeparksc
(1) Lot Coverage. All structures and
buildings, including mobile homes and
outbuildings, and any carports, decks or
stairways attached thereto, and all
impervious surfaces such as paved
driveways, parking areas, sidewalks and
patios, shall not cumulatively cover more
than 60 percent of the total area of an
individual mobile/manufactured home lot.
Provided, that patios, decks and sidewalks
shall not be included in said 60 percent
calculation if a lot is landscaped, on a
permanent basis, in a way which emphasizes
the appearance of natural vegetation.
(2) Yard Requirements. All
mobile/manufactured homes, together with
their additions and appurtenant structures,
accessory structures and other structures on
the site (excluding fences), shall observe the
following setbacks (excluding any hitch or
towing fixture) which supersede · the
standards of the .underlying zoning district:
(a) Park roads: not less than 20 feet from the
centerline of right-of-way, and in no case less
than five feet from the paved, surfaced edge;
(b) Exterior site boundary, not abutting an
off-site public right-of-way: not less than 15
feet from the property line;
( c) Exterior site boundary, abutting an off-
site public right-of-way: one-half of right-of-
way plus 20 feet, measured from centerline;
( d) Side yard setback: all
mobile/manufactured homes, together with
their habitable additions, but excluding open
porches and carports, shall be set back nor
less than three feet from side yard property
lines.
(3) Height. No building or structure and no
accessory building or structure shall exceed a
height of35 feet.
(4) Structure Separations. A minimum 10-
foot separation shall be maintained between
all mobile/ manufactured homes, together
with their habitable additions, and other
mobile/manufactured homes. One-hour fire
resistant accessory structures and/or service
buildings shall maintain a minimum three-
foot separation from adjacent mobile homes.
Non-fire-rated accessory structures and/or
service buildings shall maintain a minimum
six-foot separation between themselves and
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mobile homes, except that carports may abut
the unit to which they are an accessory use.
(5) Accessory Structures. Buildings or
structures accessory to individual
mobile/manufactured homes are permitted,
provided that the total developed coverage
of the space shall not exceed the maximum
lot coverage requirements.
Buildings or structures accessory to the
mobile/manufactured home park as a whole,
and intended for the use of the park
occupants, are permitted, provided the
building area does not exceed 50 percent of
the common open space.
( 6) Access and Circulation. The layout and
general development plan for major and
minor access streets and driveways within
the mobile/ manufactured home park,
together with the location and dimensions of
access junctions with existing public streets
and rights-of-way, shall be approved by the
city engineer.
(a) Right-of-Way. All interior park roads
shall be constructed within a right-of-way
which shall be sufficient to construct and
maintain the roadway plus a provision for
utilities, but in no case shall be less than 30
feet in width.
(b) Pavement Width. Park roads shall have a
minimum paved width of 30 feet, including
the area improved with curbs and gutters.
Cul-de-sac turnarounds shall have a
minimum paved diameter of70 feet.
( c) Public/Private Streets. The city engineer
shall determine whether the streets within a
park shall be public or private. If the streets
are to be public they shall be constructed to
public street standards.
(d) Roadway Surface. All access roadways
and service drives shall be bituminous
surfacing or better and at a surface depth
classified by the city engineer:
( e) Curbs and Gutters. Rolled curbs and
gutters shall be constructed on both sides of
all interior park roadways.
(f) External Access Points. External access
to the park shall be limited to not more than
one driveway from a public street for each
200 feet of fronta$e.
(7) Parking Requrrements. At least two off-
street parking spaces, located adjacent to
each respective mobile/manufactured home,
shall be provided for each such unit and shall
be hard surfaced. In addition to occupant
parking, guest and service parking shall be
132
provided within the boundaries of the park at
a ratio of one parking space for each four
mobile/manufactured home lots, and shall be
distributed for convenient access to all lots
and may be provided by a parking lane
and/or separate parking areas. Clubhouse
and community building parking facilities
may account for up to 50 percent of this
requirement.
The front and side yard setbacks for mobile/
manufactured home units shall not be
calculated for purposes of meeting the
minimum parking requirements. All off-street
parking spaces shall have a minimum
dimension of I 0 feet by 20 feet.
(8) Utility Requirements. All
mobile/manufactured home parks shall
provide permanent electrical, water and
sewage disposal connections to each
mobile/manufactured home in accordance
with applicable state and local rules and
regulations.
All sewage and waste water from toilets,
urinals, slop sinks, bathtubs, showers,
lavatories, laundries, and all other sanitary
fixtures in a park shall be drained into a
public sewage collection system.
All water, sew~r, electrical and
communication semce Jines shall be
underground and shall be approved by the
agency or jurisdiction providing the service.
Gas shut-off valves, meters and regulators
shall not be located beneath
mobile/manufactured homes.
(9) Open Space/Recreational Facilities. A
minimum of 10 percent of the site shall be set
aside and maintained as open space for the
recreational use of park occupants. Such
·space and location shall be accessible and
usable by all residents of the park for passive
or active recreation. . Parking spaces,
driveways, access streets and storage areas
are not considered to be usable open space.
The percentage requirement may be reduced
if substantial and appropriate recreational
facilities (such as recreational buildings,
swimming pool, or tennis courts) are
provided.
The area shall be exclusive of the required
perimeter buffer, centrally located, and of
such grade and surface to be suitable for
active recreation.
(10) Sidewalks/Walkways. The park shall
contain pedestrian walkways to and from all
6/2/97
service and recreational facilities. Such
walkways shall be adequately surfaced and
lit. A portion of the roadway surface may be
reserved for walkways, provided that the
same are marked and striped and provided
that the roadway width is widened
accordingly. Walkways shall be a minimum
width of four feet.
(11) Lighting. Outdoor lighting shall be
provided to adequately illuminate intemal
streets and pedestrian walkways. Lights shall
be sized and directed to avoid adverse
impact on adjacent properties.
(12) Storm Drainage. Storm drainage control
facilities shall be subject to approval by the
city engineer, and shall comply with the city's
storm sewer code.
(13) Landscaping/Screening. The park shall
provide visual screening and landscaping as
required in perimeter setback areas and open
space. Landscaping may consist of suitable
groundcover, shrubs and trees, provided that
they are installed prior to the first occupancy
of the park, and are of such species and size
as would normally fulfill a screening function
within five years of being planted. Site
development shall be . sensitive to the
preservation of existing vegetation.
All trees, flowers, lawns and other
landscaping features shall be maintained by
the park management in a healthy, growing
condition at all times.
The following minimum requirements for
landscaping and screening shall apply:
(a) Along .the exterior site boundary,· a
minimum IO-foot wide planting strip of
evergreen trees and shrubs;
(b) Where abutting a major arterial, the
planting strip shall be a minimum of 20 feet
wide; provided that a minimum 10-foot strip
may be considered sufficient when it can be
demonstrated that with earth sculpturing and
recontouring, or a sight-obscuring fence, the
development is buffered sufficiently;
(c) Perimeters of common parking areas and
bulk storage areas shall be landscaped to
provide visual screening.
(14) Signs. Signs and adverrising devices
shall be prohibited in a mobile/manufactured
home park except:
(a) One identifying sign at each entrance of
the park which may be indirectly lit, but not
flashing. Said sign shall comply with Chapter
19.20MMC;
133
(b) Directional and informational signs for
the convenience of tenants and the public
relative to parking, office, traffic movement,
· etc.
( 15) Storage.
(a) The owner of a mobile/manufactured
home park shall provide, or shall require its
tenants to provide, adequate indoor tenant
storage facilities which are conveniently
located near each mobile/manufactured home
lot for the storage of household items and
equipment. There shall be no outside storage
of such items and equipment.
(b) Bulk storage and parking areas for boats, .
campers, travel trailers, recreational vehicles,
trucks, snowmobiles, motorcycles and other·
seldom or seasonally used recreational
equipment shall be provided within the park,
A minimum of 300 square feet of space,
exclusive of driveways, shall be provided for
every l 0 mobile/manufactured homes. Bulk
storage and parking areas shall be separated .
from other parking facilities and shall be
provided with some means of security. The
requirements of this subsection may be
waived by the city when the park developer
agrees to prohibit the storage of such items ·
within the park. All bulk storage and parking
areas shall be surfaced.
19.38.080 Park administration.
(1) 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 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.
(2) A mobile/manufactured home park shall
have internal rules and re~ations
governing, at a minimum, the followmg:
(a) A requirement that all tenants comply
with city inspection codes at the time a
mobile/ manufactured home is installed or
modified;
(b) A requirement that all tenants comply
with city zoning code restrictions relating to
the use of their mobile/manufactured home
and lot;
( c) A requirement that all landscaping, buffer
areas, recreational areas and facilities,
storage areas, streets, walkways and other
common areas and facilities be continuously
612191
maintained to at least the minimum standard
required by the city and approved by the
planning director at the time of Initial
occupancy.
(3) 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.
19.38.090 Authority to issue permits
for and inspect installations of
mobile/manufactured homes.
Pursuant to WAC 296-15013-220, the city of
Marysville assumes responsibility for issuing
permits, conducting inspections, and
enforcin~ federal, state and local standards
for the mstallation 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-ISOB-220(5).
19.38.100 Permits for
mobile/manufactured homes.
( 1) Prior to the location, relocation,
establishment or occupancy of any
mobile/manufactured home, the
mobile/manufactured home owner or
authorized representative shall obtain a
permit from the city building department.
Application for the permit shall be made on
forms prescribed and furnished by the
department.
(2) No person, firm, partnership, corporation
or other entity may install a mobile home
unless he, she or it owns the mobile home, is
a licensed mobile home ··dealer, or is a
contractor registered under Chapter 18.27
RCW.
(3) The fee for the permit shall be $50.00.
Where a mobile/manufactured home is
established as a residence without a permit as
required herein, the fee shall be doubled; but
the payment of such doubled fee shall not
relieve any person from fully complying with
all the requirements of this chapter, nor from
any other penalties prescribed herein.
( 4) Each permit issued by the building
department for a mobile/manufactured home
shall be valid until the mobile/manufactured
134
home is moved to another location, whether
on the same or different property.
19.38.110 Permits for accessory
structures.
Building permits shall be required pursuant
to Chapter 16.04 MMC for all accessory
structures on a mobile/manufactured home
lot, including awnings, porches, steps, decks,
stbrage sheds and carports.
19 .38.120 Inspections.
(1) 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.
(2) 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.
(3) 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 permit. 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.
19.38.130 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 296-1 SOB
WAC. Said standards relate to site
612197
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.
19.38.140 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:
(1) The home must have safe, operable
heating facilities.
(2) The home must be equipped with a water
lavatory, bathtub 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.
(3) All electrical service-entrance
conductors, service equipment, switches,
lighting outlets, power outlets and appliances
shall be maintained in a safe manner.
(4) The home must be weather protected so
as to provide shelter for the occupants
against the elements and to exclude
dampness.
(5) All openable windows and doors must be
in openable condition to provide for
adequate natural ventilation and emergency
exit.
( 6) An operable smoke detector shall be
installed within the home.
(7) The home shall be structurally sound
with no apparent hazardous conditions in the
floors, walls, ceilings and roofs.
(8) The home shall be well maintained, free
of debris and infestations of insects, vermin
or rodents.
(9) The inspection form shall include a
statement that inspection does not constitute
a warranty that the home is safe or livable. .
135
CHAPTER 19.40 Development Standards
Recreational Vehicle Parks.
Sections:
19.40.010
19.40.030
19.40.040
19.40.050
19.40.060
19.40.070
19.40.080
19.40.090
19.40.100
19.40.110
Purpose.
General requirements.
Criteria for locating a
recreational vehicle park.
Conditional use permit
required.
Health district approval
required.
Binding site plan.
Completion prior to
occupancy • Phasing.
Design standards.
Accessory uses.
Park administration.
19.40.010 Purpose.
The purpose of this chapter shall be to
ensure that recreational vehicle parks are
located, developed and occupied in
accordance with standards and regulations
which will protect the health, safety, general
welfare and convenience of the occupants of
such parks and the citizens of the city of
Marysville.
19.40.030 General requirements.
(1) No recreational vehicle shall be occupied
overnight unless the same is parked inside an
approved recreational vehicle park An
exception to this rule may be granted for
temporary uses as defined in Chapter 19. 44
MMC, subject to strict compliance with the
requirements of said section.
(2) No recreational vehicle shall be occupied
for commercial purposes anywhere in the
city of Marysville. An exception to this rule
may be granted for temporary uses as
defined in Chapter 19.44 MMC, subject to
strict compliance with the requirements of
said section.
(3) No recreational vehicle shall be used as a
permanent place of abode, or dwelling, for
indefinite periods of time. Occupancy in a
park for more than 180 days in any 12-month
period shall be conclusively deemed to be
permanent occupancy. Any action toward
removal of wheels of a recreational vehicle,
except for temporary purposes of repair; or
placement of the unit on a foundation, is
hereby prohibited.
612197
(4) No external appurtenances, such as
carports, cabanas or patios, may be attached
to any recreational vehicle while it is in a
park
(5) No srace within a recreational vehicle
park shal be rented for any purpose other
than those expressly allowed by this chapter.
( 6) No person, company or corporation shall
establish or modify a recreational vehicle
park without first complying with the
provisions of this chapter.
19.40.040 Criteria for locating a
recreational vehicle park.
Recreational vehicle parks may only be
established on property within the city of
Marysville which meets the following
critetia:
(1) Recreational vehicle parks shall be
allowed in all zones of the city except single-
family and multiple-family residential zones.
(2) The minimum site area of a park shall be
l 0 acres. The maximum site area of a park,
or combination of adjacent parks, shall be 15
acres. Parks shall be considered to be
"adjacent" to one another unless they are
separated by an unrelated land use, and not
merely by a public or private street, easement
or buffer strip.
(3) After development, the conditions of the
soil, ground water level, drainage, and
topography shall not create hazards to the
property or to the health or safety of the
occupants.
( 4) Property under the jurisdiction of the
Shoreline Management Act shall be excluded
from development of recreational vehicle
parks if it 1s designated as being in the
natural environment.
(5) Parks shall be located with direct access
to a major arterial or state highway and with
appropriate :frontage thereon to permit
appropriate design of entrances and exits. No
entrance or exit from a park shall be
permitted through a residential district, nor
require movement of traffic from the park
through a residential district.
19.40.050 Conditional use permit
required.
A recreational 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
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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. ·
19.40.060 Health district approval
required.
Prior to occupancy of a recreational vehicle
park, the owner shall obtain a permit from
the Snohomish 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.
19.40.070 Final 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 final
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 final 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 hearing examiner as a
conditional use permit application pursuant
to MMC 19.52.060(B).
19.40.080 Completion prior to
occupancy -Phasing.
All required site improvements, and other
conditions of the permit and final site plan
shall be met prior to occupancy of any site by
a recreational vehicle; provided, that
completion may be accomplished by phases if
such phases are identified and approved in
the permit.
19.40.090
612197
Design standards.
The purpose of this section is to establish
minimum design standards for recreational
vehicle parks.
(1) Density. The number of recreational
vehicles permitted in a park shall not exceed
a density of 20 units per gross acre. The
agency issuing the permit may limit density
further to ensure compatibility with the
surrounding areas.
(2) Campsite Size. Each individual
recreational vehicle site shall be not less than
800 square feet in size.
(3) Access Points. Entrances and exits to the
park shall be designed for safe and
convenient movement of traffic into and out
of the park and to minimize friction with free
movement of traffic on adjacent streets. All
traffic into and out of the park shall be
through such entrances and exits. No
entrance or exit shall require a tum at an ·
acute angle for vehicles moving in the
direction intended, and radii of curbs and
pavements at intersections shall be such as to
facilitate easy turning movements for
vehicles with trailers attached. No material
impediment to visibility shall be created or
maintained which obscures the view of an
approaching driver in the right lane of the
street within 100 feet of the intersection with
the park entrance.
(4) Parking. At least one parking space shall
be provided on each site. At least one
parking space for each 20 sites shall be
provided for visitor parking in the park.
(5) Internal Park Roads. All internal park
roads shall be privately owned and
maintained. They shall be constructed to all-
weather standards, as approved by the city
engineer. Park roads shall have a minimum·
improved width as follows:
(a) One-way road no parking, 11 feet;
(b) One-way road with parking on one side,
or two-way road with no parking, 18 feet;
(c) Two-way road with parking on one side,
27 feet;
(d) Two-way road with parking on both
sides, 34 feet.
(6) Open Space/Recreational Facilities. A
minimum of20 percent of the site shall be set
aside and maintained as open space for the
recreational use of park occupants. Such
space and location shall be accessible and
usable by all residents of the park for passive
or active recreation. Parking spaces,
driveways, access streets, and storage areas
137
are not considered to be usable open space.
The percentage requirement may be reduced
if substantial and appropriate recreational
facilities (such as recreational buildings,
swimming pool or tennis courts) are
provided.
(7) Setbacks. No recreational vehicle site
shall be closer than 3 5 feet from any exterior
park property line abutting upon a major
arterial, shoreline, or residential zone, or 20
feet from any other exterior park property
line. Permanent structures within a park shall
have minimum front and rear yards of20 feet
each, and minimum side yards of 10 feet
each.
(8) Landscaping/Screening.
(a) The park shall provide visual screening
and landscaping as required in perimeter
setback areas and open space. Landscaping
may consist of suitable ground cover, shrubs
and trees, provided that they are installed
prior to the first occupancy of the park and
are of such species and size as would
normally fulfill a screening function within
five years of being planted. Site development
shall be sensitive to the preservation of
existing vegetation.
(b) The minimum width for perimeter
landscaping and screening shall be 20 feet for
all exterior park property lines. It shall be
designed and maintained to be aesthetically
pleasing, and functional for site screening
and noise buffering.
( c) Where needed to enhance aesthetics or to
ensure public safety, recreational vehicle
parks shall be enclosed by a fence, wall,
earth mound or by other designs which will
complement the landscape and assure
compatibility with the adjacent environment.
( d) All trees, flowers, lawns and other
landscaping features shall be maintained by
the park management in a healthy growing
condition at all times.
(9) Signs. Signs and advertising devices shall
be prohibited in recreational vehicle parks
except:
(a) If the park is visible from Interstate 5,
one on-site identification sign complying
with the standards of the State Highway
Signage Code;
(b) One identifying sign at each entrance of
the park which may be indirectly lit, but not
flashing. Said sign shall comply with Chapter
19.20_MM:C;
6/2/97
( c) Directional and information signs for the
convenience of occupants of the park.
(l 0) Utilities. Electricity shall be provided to
each recreational vehicle site. All utility lines
in the park shall be underground and shall be
approved by the agency or jurisdiction
providing the service.
(11) Storm Drainage. Storm drainage control
facilities shall be subject to approval by the
city engineer and shall comply with the city's
storm sewer code.
(12) Public Facilities. Recreational vehicle
parks shall provide the following public
facilities in such quantity, size and location as
is approved by the agency issuing the
conditional use permit:
(a) A water distribution system connected to
the city's water utility;
(b) A water station for filling recreational
vehicle water storage tanks;
( c) Restroom facilities containing showers
and toilets connected to the city's sewer
utility, the minimum number of which shall
be one commode and one shower for each
20 recreational vehicle sites;
( d) A sanitary waste station for emptying
sewage holding tanks of recreational
vehicles;
( e) Refuse containers for solid waste in
adequate quantity shall be rented from and
serviced by the city of Marysville garbage
utility. Park garbage shall be picked up daily
by park personnel, who shall also maintain
the park free of any uncontrolled garbage.
19.40.100 Accessory uses.
Management headquarters, recreational
fucilities, restrooms, dumping stations,
showers, coin-operated laundry facilities, and
other uses and structures customarily
incidental to operation of a recreational
vehicle park are permitted as accessory uses
to the park. In addition, grocery stores and
convenience shops shall be permitted as
accessory uses in the discretion of the agency
issuing the conditional use permit, subject to
the following restrictions:
(1) Such establishments and the parking
areas primarily related to their operations
shall not occupy more than five percent of
the gross area of the park.
(2) Such establishments shall present no
visible evidence from any street outside the
park of their commercial character which
138
would attract customers other than
occupants of the park.
(3) The structures housing such facilities
shall not be located closer than 50 feet to any
public street and shall not be directly
accessible from any public street, but shall be
accessible only from a street within the park.
19.40.110 Park administration.
(1) The owner of a recreational vehicle park
shall be responsible for the development and
maintenance of the park in strict conformity
with the binding site plan, the conditional use
permit, and all applicable laws and
ordinances. Each park shall have an on-site
manager available 24 hours per day, seven
days per week.
(2) A written management plan shall· be
submitted for approval as a part of the
conditional use permit process. It shall
include, at a minimum, the proposed
management structure, proposed park rules
and regulations, and proposed methods to
enforce occupancy limitations and other
requirements of this chapter.
612191 139
CHAPTER 19.42 Development Standards
Industrial and Business Park zones--
PROCEDURES
AND STANDARDS
Sections:
19.42.010
19.42.020
19.42.030
19.42.040
19.42.050
19.42.060
19.42.070
19.42.080
19.42.090
19.42.100
19.42.UO
19.42.120
19.42.130
19.42.140
19.42.150
19.42.160
Applicability.
Purpose.
Minimum zoning criteria.
Rezone and review
procedures.
Preliminary plan.
Rezone and preliminary
plan review.
Requirements for the final
plan.
Approval of the final plan.
Final plan filing fee.
Disputes.
Revocation of approval.
Amendments to plans.
General performance
requirements.
General landscaping and
open space requirements.
Landscaping -Alternative
options.
Table of permitted uses.
19.42.010 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/urpose of administering this chapter, all
Ian zoned industrial park (IP) or planned
industrial park (PIP) on or before the
effective date of the ordinance codified in
this chapter shall be reviewed as light
industrial (LI).
19.42.020 Purpose.
(1) 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, heavy
trucking and certain uses, though perhaps
inherently commercial, that are best suited to
industrial areas of the city. It is the purpose
of this zone to protect a land base for the
aforesaid businesses and the employment
opportunities they represent. These
purposes are accomplished by:
6/2/97
(a) Allowing for a wide range of industrial
and manufacturing uses, but providing also
for certain commercial uses that have a need
to be separated from residential areas;
(b) Establishing appropriate development
standards and public review procedures for
the aforesaid businesses; and
( c) Except for the permitted uses, limiting
other service, residential and commercial
uses to those necessary to directly support
the permitted uses.
(2) Use of this zone is appropriate in
areas designated by the comprehensive plan
as industrial and which are served at the time
of development by adequate public sewers,
water supply, roads and other needed public
facilities and services. ·
19.42.030 Minimum zoning criteria.
(1) A tract of land proposed for BP zoning
shall contain sufficient area to create a
contiguous tract of BP zoned land no less
than 10 acres in size. ·
(2) 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 acres in size.
(3) 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.
( 4) Zoning request must be accompanied by
a preliminary development plan prepared in
compliance with the regulations and
requirements of this chapter.
(5) Preliminary and final plans must comply
with bulk regulations contained in Chapter
19.12MMC. .
( 6) 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.
19.42.040 Rezone and review
procedures.
(1) General Procedures. The BP, GI and LI
zones require a two-step approval process:
(a) The preliminary plan and rezone
application are considered together through
the normal rezone process; and
140
(b) 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.
(2) 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
19.42.050 and 19.42.060 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 19.54 and Chapter 20.44 MMC.
(3) 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 19.42.030(1) through (4) 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.
(4) 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.
19.42.050 Preliminary plan.
The preliminary development plan shall
contain, at a minimum, the following:
(1) Textual Material.
(a) The name and addresses of the developer,
land surveyor, engineer, architect, planner
and other professionals involved;
(b) A description of intended type of uses
and operations including timing, management
control, growth prospects, community need,
and other pertinent information;
( c) A statement and intention to formally
subdivide the property, if applicable;
( d) A description of proposed building
design, including probable exterior finish;
( e) A provision for phasing out
nonconforming uses and for removing
612197
existing structures or incorporating them into
the overall development scheme; and
(f) A statement of landscape maintenance
provisions.
(2) Graphic Material. Prints of drawings, the
number and scale determined by the planning
department, drawn in compliance with the
performance standards of MMC 19.42.130,
showing all the following information:
(a) A vicinity sketch locating the
development;
(b) Property boundaries of the development
area;
(c) Topography, sufficient to show direction
of drainage and site development suitability,
with contour intervals of two 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;
( d) All existing structures and improvements
within the development area which are to
remain;
(e) Existing streets bounding and/or within
the development area;
( f) Tentative traffic and pedestrian
circulation pattern within the development
area, showing intended street widths;
(g) Tentative location of buildin~ lots and/or
building areas and major areas mtended for
open space;
(h) Phasing plan depicting development
divisions, if applicable; and
(i) General landscape plan showing areas to
be landscaped, proposed plant height, and
treatment of existing vegetation.
19.42.060 Rezone and preliminary
plan review.
( 1) The city shall review the proposal for its
relatiol}ship 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;
(2) 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.
19.42.070
plan.
Requirements for the final
141
(I) A planned development may be finalized
as a whole or in successive divisions;
(2) The final plan for a planned development
shall consist of the following for each
division:
(a) A completed application form signed by
the developer( s) of the project and by the
property owner( s) if other than the
developer;
(b) 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:
(i) 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,
(ii) 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),
(iii) Plans for signing and lighting, including
trpical entrance treatment and entrance
signs,
(iv) Plans for buildings and related
improvements to a scale of not less than one
inch to 50 feet, showing:
(A) Typical plot plan for each type of
building,· including location of building
entrance, driveway, parking, fencing and
sight screening,
(B) Typical elevations (side views) of each
type of building, including identification of
exterior building materials,
( v) Typical street and walkway cross-
sections,
(vi) Plans for open space area improvements,
if any;
( c) Restrictive covenants as required,
together with a statement from a private
attorney as to their adequacy to fulfill the
requirements of this chapter; and
( d) 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.
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19.42.080 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 are 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.
19.42.090 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.
19.42.100 Disputes.
Where the applicant and planning director or
other departments are not ab.le 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.
19.42.110 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 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.
19.42.120 Amendments to plans.
Plans which are approved by the hearing
examiner may, upon request of the property
142
)
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.
19.42.130 ~neral performance
requirements.
Each planned zone and uses located in the
BP, GI and IP zones shall comply with the
following requirements:
( 1) 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.
(2) 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.
(3) Buildings shall be designed to be
compatible with their surroundings, both
within and adjacent to the zone.
( 4) 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 perfonnance obligations
through lease agreements.
(5) Permanent off-street parking shall be in
accordance with terms of Chapter 19.18
MMC.
6/2/97
(6) Signs for business identification or
advertising of products shall comply with
Chapter 19.20 MMC.
(7) 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.
(8) 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.
(9) 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.
143
(10) All outdoor lighting shall conform to
the unified architectural lighting scheme for
the BP, GI or LI development and shall not
(a) Shine on adjacent residential properties;
(b) Conflict with the readability of traffic
control devices; or
( c) Rotate or flash.
6/2197 144
CHAPTER 19.44 Nonconformance, and
Temporary Uses.
SECTIONS:
19.44.010 Purpose
19.44.020 Nonconformance • applicability
19.44.030 Nonconforming structures
19.44.040 Nonconforming uses
19.44.050 Discontinuance or
abandonment
19.44.060 Conditional uses
19.44.070 Temporary uses ·Purpose
19.44.080 Temporary uses -Permitted
Uses
19.44.090 Temporary use variances
19.44.100 Temporary use permits -uses
requiring permits
19.44.110 Temporary use permits -
exemptions to permit
requirement
19.44.120 Temporary use permits·
duration and frequency
19.44.130 Temporary use permits -
parking
19.44.140 Temporary use permits· traffic
control
19.44.010 Purpose.
Nonconforming structures and
nonconforming uses, as defined in this
chapter, shall be allowed to continue in
existence, and to be repaired, maintained,
remodeled, expanded and intensified, but
only to the extent expressly allowed by the
provisions of this chapter. It is the purpose
of the city to ultimately have all structures
and uses brought into conformity with the
land use codes and regulations duly adopted
by the city, as the same may be amended
from time to time. Nonconforming structures
and uses should be phased out or brought
into conformity as completely and as
speedily as possible with due regard to the
special interests and property rights of those
concerned.
19.44.020 Nonconformance
applicability.
A All nonconformances shall be subject to
the provisions of this chapter.
B. The provisions of this chapter do not
supersede or relieve a property owner from
compliance with:
612191
1. The requirements of the Uniform
Building and Fire Codes; or
2. The provisions of this code beyond the
specific nonconformance addressed by this
chapter.
19.44.030 Nonconforming structures.
A nonconforming structure is one which was
in compliance with all land use codes and
regulations at the time it was constructed,
but which violates the bulk or dimensional
requirements of the current land use codes
and regulations of the city.
(I) Nonconforming structures may be
repaired and maintained. The interior of said
structures may be restored, remodeled and
improved to the extent of not more than 25
percent of the assessed value of the structure
in any consecutive period of 12 months.
(2) The exterior dimensions of a·
nonconforming structure may be enlarged by
up to 100 percent of the floor area existing
at the effective date of the nonconformance
upon obtaining a conditional use permit
pursuant to this chapter; provided, that the
degree of nonconformance shall not be
increased, and the then-current bulk and
dimensional requirements of the zone in
which it is located shall be observed with
respect to the new portion of the building.
(3) A nonconforming structure which is
voluntarily or accidentally destroyed,
demolished or damaged, or allowed to
deteriorate, to the extent where restoration
costs would exceed 75 percent of the
assessed value of the structure, may be
restored and rebuilt only if the structure, in
its entirety, is brought into conformity with
the then-current bulk and dimensional
requirements of the zone in which it is
located; provided, that a single-family
residence with nonconforming status on a
substandard lot in a residential zone may be
restored and rebuilt to any extent as long as
it does not increase the preexisting degree of
nonconformance. Provided, a single-family
residence with nonconforming status on a
substandard lot in zones other than
residential may be restored and rebuilt to any
extent on the original footprint of the
structure's foundation so long as it does not
increase the preexisting degree of
nonconformance, upon obtaining a
conditional use permit pursuant to this
chapter.
145
(4) When a structure or a portion thereof is
moved to a new location, it must be made to
conform to all then-current land use
restrictions applicable to the new location.
( 5) Nonconforming structures shall not be
exempt from compliance with all current
codes and regulations relating to storm
drainage, landscaping, off-site traffic
mitigation and frontage improvements
including curbs, gutters and sidewalks.
19.44.040 Nonconforming uses.
A nonconforming use is any use of land or of
a structure which was legal at the time of its
establishment but which violates the land use
provisions of the current codes and
regulations of the city, including those
relating to zoning districts, density, access
and off-street parking.
(1) A nonconforming use loses its status, and
must be discominued, if the structure in
which it is located is voluntarily or
accidentally destroyed, demolished or
damaged, or is allowed to deteriorate, to the
extent where restoration costs would exceed
7 5 percent of the assessed value of the
structure. Provided, all nonconforming
residential structures which are allowed to be
restored and rebuilt as described in MMC
19.44.020(3) above, shall be allowed to
continue the residential use thereof.
(2} A nonconforming use cannot be changed
to a fundamentally different use unless it is
brought into complete conformity with the
current codes and regulations. An increase in
volume or intensity of a nonconforming use
is permissible, however, where the nature
and character of the use is unchanged and
substantially the same facilities are used. The
test is whether the intensified use is different
in kind from the nonconforming use in
existence at the effective date of the
nonconformance.
(3) A nonconforming use may be expanded
throughout land held under single ownership
at the effective date of the nonconformance
and which has continued in unbroken single
ownership to the present, upon the granting
of a conditional use permit as provided in
this chapter; provided, that such expansion
of a nonconforming use shall not increase the
land area devoted to the nonconforming use
by more than 100 percent of that in use at
the effective date of the nonconformance.
6/2/97
(4) Use established in part but not all of a
building at the effective date of the
nonconformance may expand within said
building by up to l 00 percent of the
preexisting floor area dedicated to said use
upon obtaining a conditional use permit as
provided in this chapter. Unlimited expansion
within the building shall be permissible upon
obtaining a conditional use permit if the
original design of the building indicates that
it was intended to be ultimately dedicated, in
its entirety, to the use in question.
19.44.050 Discontinuance or
abandonment.
( 1) Any nonconforming structure which has
been unoccupied for a period of 24
consecutive months, or more, shall lose its
nonconforming status and shall not be
reoccupied unless and until it is brought into
conformity with the current bulk . and
dimensional requirements of the city codes.
(2) If a nortconforming use is discontinued or
abandoned for a period of 12 consecutive
months or more, the nonconforming status of
the use is terminated, and any future use of
the land or structure shall be in conformity
with the then-current requirements of the
city's land use codes. The mere presence of a
structure, equipment or material shall not be
deemed to constitute a continuance of a
nonconforming use unless the structure,
equipment or material is actually being
occupied or employed in maintaining such
use.
19.44.060 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 MMC. 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,
146
\
. ----
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.
19.44.070 Temporary uses -Purpose.
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 herein, and
where it is found that they do not endanger
the public health, safety and welfare.
19.44.080 Temporary uses -Permitted
Uses. Permitted Uses. (1) The following
temporary uses and structures shall be
allowed:
(a) 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.
(b) 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.
( c) 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
6/2197
the conclusion of the special event or upon
termination of the extraordinary public need.
( d) A temporary real estate sales office
located in a model or display home, subject
to the following conditions:
(i) If situated in a residential zone, the office
may only be used for sale activities related to
the plat in which it is located;
(ii) If situated in a commercial zone, the
office may only be used for sales related to
the model or display home itself;
(iii) 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.
(2) 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:
(a) 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 marria~e 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:
(i) The permit shall not be granted where
other provisions of city ordinance provide a
reasonable alternative for meeting the need
for the dwelling.
(ii) The need for such continuous care and
assistance shall be attested to in writing by a
licensed physician.
(iii) The temporary dwelling shall be
occupied by not more than two persons.
(iv) Use as a commercial residence is
prohibited.
(v) The temporary dwelling shall be situated
not less than 20 feet from the principal
dwelling on the same lot and shall not be
located in any required yard of the principal
dwelling.
(vi) A current vehicular license plate, if
applicable, shall be maintained during the
147
period of time the temporary unit is situated
on the premises.
(vii) Adequate screening, landscaping or
other measures shall be provided to protect
surrounding property values and insure
compatibility with the immediate
neighborhood.
(viii) 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.
19.44.090 Temporary use variances.
The planning director may, in special
hardship cases, administratively grant a
variance to the requirement that the
temporary dwelling be a mobile home in
cases where the temporary dwelling · is an
already existing single-family residence
which will be occupied by 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.
Said variance shall contain any or all of the
minimum conditions set forth in subsections
19.44.080(2)(a)(i) through (vii), and shall
include as a condition a deed restriction or
restrictive covenant executed by the property
owner which requires removal of the
temporary dwelling upon the death of the
relative receiving care, the cessation of
occupancy in the temporary dwelling, or the
cessation of the infirmity of the relative
which required that he or she receive
continuous care and assistance. The
applicant shall provide a bond in favor of the
city in sufficient amount to cover the cost of
removal or demolition of the structure in the
event the applicant fails or refuses to do so.
As an alternative to removal of the
temporary dwelling, the property owner may
remove the principal dwelling in place of the
temporary dwelling or, within 180 days of
the death of the relative or cessation of
occupancy, complete the subdivision of the
subject property, consistent with all zoning
and other land use requirements, so that the
temporary dwelling is situated on a separate
612197
legal lot and the principal dwelling is situated
upon a separate legal lot. In such event, the
status of the structure as a temporary
dwelling shall cease and the restrictive
covenant or deed restriction may be
rescinded. The form of said restrictive
covenant or deed restriction shall be
approved by the city attorney. An applicant
aggrieved by the administrative decision of
the planning director may, within IO calendar
days of the written decision of the planning
director, appeal to the city council by filing a
written request with the city clerk. The
council shall, within 30 days of the appeal,
schedule a public hearing to consider the
matter. The decision of the city council shall
be final.
19.44.100 Temporary use permits -uses
requiring permits. Except as provided by·
MMC 19.44.110, a temporary use permit
shall be required for all permitted and
conditional uses listed in Section 19.44.080
MMC.
19.44.110 Temporary use permits
exemptions to permit requirement.
A The following uses shall be exempt
from requirements for a temporary use
permit when located in the GC, CB, DC, LI
or GI zones when the use does not exceed a
total of 14 days each calendar, year whether
at the same location in the City or at
different locations:
a. Uses subject to the Special Events
provisions of Ordinance No. 2099;
b. Community festivals, Amusement
rides, carnivals, or circuses;
c. Parking lot sales, except automobile
sales; and
d. Fireworks stands, subject to the
provisions of Chapter 9.20 MMC.
B. Any use not exceeding a cumulative
total of 2 days each calendar year shall be
exempt from requirements for a temporary
use permit.
19.44.120 Temporary use permits
duration and frequency. Unless specified
elsewhere in this chapter, temporary use
permits shall be limited in duration and
frequency as follows:
A The temporary use permit shall be
effective for no more than 180 days from the
date of the first event or occurrence;
148
B. The temporary use shall not exceed a
total of 60 days, provided that this
requirement applies only to the days that the
event( s) actually takes place; ,
C. The temporary use permit shall
specify a date upon which the use shall be
terminated and removed; and .
D. A temporary use permit shall not be
granted for the same temporary use on a
property more than once per calendar year,
provided that a temporary use permit may be
granted for multiple events during the
approval period.
19.44.130 Temporary use permits
parking. Parking and access for proposed
temporary uses shall be approved by the
City.
19.44.140 Temporary use permits -traffic
control. The applicant for a proposed
temporary use shall provide any
parking/traffic control attendants as specified
by the City of Marysville.
612197 149
CHAPTER 19.46 SPECIAL DISTRICTS
AND OVERLAY WNES
SECTIONS:
19.46.010
19.46.020
19.46.030
19.46.040
19.46.050
19.46.060
19.46.070
Purpose
Authority and application
Special districts and overlay
zones -general provisions
Small Farms overlay zone
Special district -Mixed Use
(Reserved)
Adult Use overlay zone
19.46.010 Purpose. The purposes of this
chapter are to provide for alternative
development standards to address unique site
characteristics and to address development
opportunities which can exceed the quality of
standard developments, by:
A Establishing authority to adopt
property-specific development standards for
increasing minimum requirements of the
code on individual sites; and
B. Establishing special districts and
overlay zones with alternative standards for
special areas designated by the
Comprehensive Plan or neighborhood plans.
19.46.020Authority and application.
A. This chapter authorizes the City of
Marysville to increase development
standards or limit uses on specific properties
beyond the general requirements of the code
through property-specific development
standards, and to carry out Comprehensive
Plan policies through special districts and
overlay zones which supplement or modify
standard zones through different uses, design
or density standards or review processes;
B. Special districts and overlay zones
shall be applied to specific properties or
areas containing several properties through
zoning reclassification as provided in MMC
19.56.
19.46.030Special districts and overlay
zones -general provisions. Special districts
and overlay zones shall be designated on the
City zoning map as follows:
A. Designation of an special district or
overlay zone shall include policies that
prescribe the purposes and location of the
overlay;
6/2/97
B. A special district or overlay zone
shall be indicated on the zoning map with the
suffix "-SO" following the map symbol of the
underlying zone or zones;
C. The special district or overlay zones
set forth in this chapter are the only overlays
authorized by the code. New or amended
overlays to carry out new or different goals
or policies shall be adopted as part of this
chapter;
D. The special districts and overlays set
forth in this chapter may expand the range of
permitted uses and development standards
established by the code for any use or
underlying zone; and
E. Unless they are specifically modified
by the provisions of this chapter, the
standard requirements of the code and other
City ordinances and regulations ~overn all
development and land uses within special
districts and overlay zones.
19.46.040Small Farms Overlay Zone.
A. Recitals. Agriculture, whether on a
large commercial basis or on a small farm
basis, has been a cherished facet of life in the
City of Marysville from its beginning. While
large scale commercial farms are
disappearing from the area, small farms
continue to be a part of life in the city and its
environs. Such small farms currently
produce vegetables, horses, cattle, Christmas
trees, sheep, goats, nursery stock, llamas,
poultry, waterfowl, fruit, buffalo, and the
like. In addition, small farms provide an
opportunity for youth to participate in 4-H
and other similar education related activities.
Recent public opinion polls and surveys, as
well as public testimony have indicated the
public strongly support these type of uses be
allowed to continue in the Marysville area.
In addition, the city wishes to respond to the
concerns of the small farm owners located
within the Urban Growth Area, but not yet
annexed to the City, by adding regulations
that minimizes adverse impacts on their way
of life upon annexation to the City of
Marysville.
B. Purpose. The purpose of the small farms
overlay is to provide a process for registering
small farms, thereby applying the small farm
overlay zone and recording official
recognition of the existence of the small
farm, and to provide some encouragement,
150
for the preservation of such farms, as well as
encouraging good neighbor relations
between single family and adjacent
development.
C. Applicabilitv. This code sets forth an
administrative process of procedures and
standards to be followed in applying for the
small fann overlay zone. This overlay zone
may be applied to all zones within the City of
Marysville.
D. Definitions. 1. "Existing and ongoing
agricultural activities." Those activities
involved in the production of crops and
livestock:, and changes between agricultural
activities and uses, and normal operation,
maintenance, repair, or reconstruction of
existing serviceable structures, as well as
construction of new fann structures, facilities
or improved areas. An operation ceases to
be ongoing when a formal plat has been
approved by the city for development of the
small farm.
2. "New Small Farms". The conversion of
a property from a non-agricultural activity to
one involved in the production of crops
and/or livestock, as well as construction of
agricultural structures and/or facilities.
3. "Crops". All plants grown for human or
animal consumption or use.
4. "Livestock". All animals commonly
raised on farms, whether now or in the
future, and includes such animals as emus,
ostriches, buffaloes, llamas, and the like,
which are not traditional farm animals but
are raised on farms throughout the nation.
Livestock does not include dogs, cats or
exotic animals as defined by city ordinance
or state statute.
E. Permitted Uses in Small Farm Overlay
Zone:
Horticulture p
Flori culture p
Viticulture p
Animal husbandrv p
Production of seed. hav and silage p
Christmas tree farming p
Aauaculture p
Roadside stands pen
Simtle familv. detached Pf2)
6/2/97
(1) Roadside stands not exceeding three
hundred square feet in area, exclusively for ·
the sale of products produced on the
premises, from the above listed uses. Space
adequate for the
parking of a minimum of three (3)
vehicles shall be provided adjacent to any
stand and not less than twenty feet from
any street right-of-way.
(2) One Single family dwelling per lot,
together with accessory structures and uses.
F. Approval Requirements.
Administrative approval for the small fann
overlay shall be requested by the property
owner and shall be granted by the Planning
Director if the following requirements are
met:
l. The minimum lot size shall be I 00,000 sq.
ft. (2.3 acres). Smaller tracts shall be
permitted if such tracts were in existence and
in agricultural use on the date this ordinance
is enacted.
2. The use of the property is an existing and
ongoing agricultural activity, as defined in
Section 19.28. 040 MMC, or in the case of a
new small farm larger than 2.3 acres, the
property will be used for such agricultural
activity.
3. The applicant pays a registration fee of
$50.00.
4. The property owner provides the legal
description and street address of the subject
property.
5. In the case of new farms, the applicant
shall submit a site plan which includes the
following additional information:
a) Existing and/or proposed structures and
required setbacks;
b) Drainage channels, water courses,
marshes, lakes and ponds;
c) Fences, proposed grazing/exercise areas;
d) Distance of adjacent dwellings to the
subject site's property boundaries and
buildings;
e) Method of manure disposal; and
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i) Any regulated sensitive area such as
wetlands, steep slopes or wildlife habitat.
G. Small Farm Protections. 1. All
agricultural activities, when conducted
consistent with good agricultural practices,
are declared to be a permitted activity within
the Small Farm Overlay Zone, not
withstanding any other section of the code.
Agricultural activities undertaken in
conformity with all applicable laws and rules
are presumed to be good agricultural
practices not adversely affecting the public
health and safety.
2. Farm machinery and livestock animal
noises emanating from a furm granted the
small farm overlay shall be exempt from the
city's noise code, Chapter 6. 76, provided the
small farm has been in existence two (2)
years prior to the enactment of this
ordinance.
3. New development occurring next to
tracts granted the small farm overlay shall
provide adequate fencing and screening
consistent with Section 20.24.300 MMC
"Divisions ofland adjacent to the Small Farm
Overlay Zone."
H. Bulk and Dimensional Reouirements.
Bulk and dimensional requirements shall be
consistent with the underlying residential
zoning classification, as set forth in Section
19.20.010 MMC.
L Notification Requirements. The
notification requirements of this section shall
apply to new small farm overlay requests, as
well as existing and ongoing agricultural
activities which were not granted the small
farm overlay during the initial designation
process:
1. Signs. When the planning department
determines that the proposed overlay request
meets all the requirements as specified in
Section 19.28.060, then the applicant shall
post the property with a public notice sign ..
This sign shall be supplied, organized,
designed and placed as defined by the city's
planning department. All signs designed
herein are exempt from the city's zoning and
sign codes. All signs required to be posted
shall remain in place until the final decision
6/2/97
has been reached on the overlay zone.
Following the decision, the applicant must
remove the sign within fourteen calendar ·
days.
2. Upon receipt of a complete application,
the city shall send written notice to adjacent
property owners within three hundred feet of
any portion of the subject property. Notice
is deemed sent once placed in the mail.
3. Upon receipt of a complete application,
the city shall cause one notice of application
to be published in the official newspaper.
4. Upon receipt of a complete application,
the notice of application shall be posted at
Marysville City Hall, at the United States
Post Office in the city, and in at least one
additional location with public exposure.
J. Disclosure Text. Subject to subsections
a and b, below, the following shall constitute
the Disclosure required by this section for
new small farms, development permits,
building permits and transfers of real
property within the small farms overlay zone:
"Your real property is within,
adjacent to, or within 300 feet of
property designated as a small farm;
therefore, you may be subject to
inconveniences or discomforts arising
from agricultural activities,
INCLUDING BUT NOT LIMITED
TO NOISE, ODORS, FUMES,
DUST, SMOKE, THE
OPERATION OF MACHINERY OF
ANY KIND, THE STORAGE AND
DISPOSAL OF MANURE, THE
APPLICATION BY SPRAYING
OR OTHERWISE OF CHEMICAL
OR ORGANIC FERTILIZERS,
SOIL AMENDMENTS,
HERBICIDES AND PESTICIDES,
HOURS OF OPERATION, AND
OTHER AGRICULTURAL
ACTIVITIES.
Agricultural act1v1t1es conducted
within the overlay zone and in
compliance with acceptable
agricultural practices and established
prior to surrounding non-agricultural
activities are presumed to be
reasonable and shall not be found to
152
1.
2.
6/2/97
constitute a nuisance unless the
activities have a substantial adverse
effect on the public health and safety
or are clearly not related to the small
farm activities.
This disclosure applies to the real
property which is subject to a
development or building permit as of
the date of the development or
building permit approval or, in the
case of real property transfers, the
disclosure applies to the subject
property as of the date of the
transfer. This disclosure may not be
applicable thereafter if areas subject
to Small Farm Overlay Zone are
changed from the small farm overlay
designation."
Prior to the closing of a transfer of
real property within the overlay zone,
or real property adjacent to or within
300 feet of the overlay zone, by deed,
exchange, gift, real estate contract,
lease with option to purchase, option
to purchase, or any other means of
transfer or conveyance (except
transfers made by testamentary
provisions or the laws of descent),
the transferor shall provide the
transferee a copy of the disclosure
text in Section 19.28.100 MMC and
shall record with the county auditor a
copy of the same showing an
acknowledgment of receipt executed
by the transferee in a form prescribed
by the Planning Director. The form
of the acknowledged disclosure text
shall include a statement that the
disclosure notice applies to the
subject real property as of the date of
the transfer and may not be
applicable thereafter if the overlay
designation is removed.
Development permits and building
permits for land designated farmland
or land adjacent to or within 300 feet
of designated farmland shall include
the disclosure text in 19.28.100
MMC on the final development or
building permit in. a location
determined by the Planning Director.
Said disclosure notice shall apply to
the real property which is subject to
the development or building permit
as of the date of development or
building permit approval and may not
be applicable thereafter if areas
designated with the small farm
overlay zone are removed from said
designation.
K. Appeals to Hearing Examiner. (1) All
appeals of decisions relating to the small
farm overlay zone shall be made to the
hearing examiner. Such appeals must be
made in writing and filed with the office of
the hearing examiner within fourteen
calendar days from the date on which the
· decision was rendered.
(2) The written appeal shall include a
detailed explanation stating the reason for
the appeal. The decision of the hearing
examiner shall constitute a recommendation
to the city council, pursuant to MMC
Section 2. 70.130.
(3) Standing to appeal is limited to the
following: (a) the applicant or owner of the
property on which the small farm overlay is
proposed; (b) any aggrieved person that
will thereby suffer a direct and substantial
impact from the proposed overlay zone.
L. Time period stay --Effect of appeal
The filing of an appeal shall stay the running
of the time periods for small farm overlay
approval as set forth in this title.
M. Aupeals to Court. Any appeals from a
decision approving or disapproving the small
farm overlay zone shall be in accordance
with the Land Use Petition Act and shall be
filed within 21 days of a final city council
decision.
19.46.050 Special district -Mixed Use
A. The purpose of the Mixed Use zone
(MU) is to provide for pedestrian and
transit-oriented high-density employment
uses together with limited complementary
retail and higher density residential
development in locations within activity
centers where the full range of commercial
activities is not desirable. These purposes
are accomplished by:
153
I. Allowing for uses that will take advantage
of pedestrian-oriented site and street
improvement standards;
2. Providing for higher building heights and
floor area ratios than those found in other
commercial zones;
3, Reducing the ratio of required parking to
building floor area;
4. Allowing for on-site convenient daily
retail and personal services for employees
and residents; and
5. Minimizing auto-oriented, outdoor or
other retail sales and services which do not
provide for the daily convenience needs of
on-site and nearby employees or residents.
B. Use of this zone is appropriate in areas
designated by the Comprehensive Plan for
Mixed Use which are served at the time of
development by adequate public sewers,
water supply, roads and other needed public
facilities and services.
C. A tract of land must be in single
ownership or for multiple parcels under
unified control. This requrrement shall apply
during preliminary and final plan stages to
insure continuity of plan development
D. A rezone 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 this
Chapter and Chapter 19.12 MM:C.
F. All proposed sites shall be served by
public water and sewer services and paved
streets.
G. General Performance standards.
All development within this zone shall
strictly comply with the following general
performance standards:
1. Open space/recreation fucilities shall be
provided as outlined in Chapter 19.14 MM:C.
2. Vehicular Access and Traffic. (a) Each
project shall be limited to a maximum of two
points of vehicular access on any one street
unless it can be demonstrated that additional
points of vehicular access would not
materially impede the flow of traffic on the
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adjoining streets. (b) Developments which
provide both residential and nonresidential
uses, may be eligible for an appropriate ·
traffic mitigation fee reduction. ( c)
Pedestrian access shall be a priority in review
of the vehicular access plan. ( d) Access
points on arterial streets shall be coordinated
with adjacent properties in order to limited
the overall number of access points.
3. Pedestrian Access. All projects which
contain multiple businesses and/ or residential
uses shall provide an interconnecting
pedestrian circulation system. When a
proposed development is on an established
bus route, the applicant may be required to
provide a bus shelter. ·
4. Parking. Off-street parking for residential
and nonresidential uses shall comply with
MM:C 19.18 for off-street parking. Off-
street parking requirements are modified as
follows for developments which provide both
residential and nonresidential uses: (a) No
less than one space for every 1000 square
feet of nonresidential floor area shall be
provided; (b) For duplexes, triplexes,
fourplexes, apartments, and condominiums
one space per each studio or one bedroom
dwelling unit, and one and one half space per
each two or more bedroom units.
5. Lighting. Outdoor lighting shall not shine
on adjacent properties, rotate or flash.
6. Utilities. All new utility services and
distribution lines shall be located
underground.
7. Sidewalks. Sidewalk width requirements
shall be increased to a range of 7 to 10 feet
on streets designated as major pedestrian
corridors. For sidewalk widths exceeding the
amount required in the City of Marysville
street standards, credit will be given on a
square footage basis for any dedication of
the additional ri~ht-of-way:
8. Signs. Signs shall comply with the
requirements of MM:C 19.20, provided that
pole signs are not allowed.
9. 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
MU zone, including parking requirements,
storm drainage requirements, sign
regulations, and noise regulations.
154
H. General Design Requirements. All
development within this zone shall strictly
comply with the following general design
requirements.
1. Vehicular access and parking location.
(a) On sites abutting an alley, apartment and
townhome developments shall have parking
areas placed to the rear of buildings with
primary vehicular access via the alley, except
when waived by the Planning Director due to
physical site limitations. (b) When alley
respect to streets and sidewalks, the use of
awnings or marquees, and the placement of
parking fu.cilities ).
l Maintenance of open space, 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.
19.46.060(Reserved)
19.46.070 Adult use overlay zone.
A. The purpose of establishing the adult
facilities overlay zone is to permit the
location of adult facilities in an area of the
city which will reduce the secondary effects
of such an establishment on the community.
The performance criteria included in this
zone are intended to control external as well
as internal impacts of the development and
bulk and special limitations in other chapters
of the zoning code are superseded by the
provisions of this chapter. It is the further
purpose of this zone to prevent the location
of adult facilities throughout the city by
consolidating them in one area. Because of
the unique character of this zone, and its
potential to disrupt preexisting residential
and commercial development in the .
community, the city will only consider
classifying property in this zone if such
property is designated on the comprehensive
plan as general industrial and is suitable for
adult facilities.
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access is available, and provides adequate
access for the site, its use will be
encouraged. (c) No more than 30 percent of
the site street frontage can be used for
parking or driveways. ( d) Direct parking
space access to an alley may be used for
parking lots with five or fewer spaces.
2. Every use shall be subject to the
pedestrian-oriented development standards
outlined in the comprehensive plan (e.g.
placement and orientation of buildings with
B. All adult facilities, as defined in this title,
shall be subject to the provisions of this
chapter.
C. The adult facility overlay zone is to be
established only upon land located along the
east side of the 47th Avenue NE alignment,
in the east half of the northeast quarter of
Section 33, Township 30 N., Range 5 E., ·
W.M., and in the northeast quarter of the
southeast quarter of Section 33, Township
30 N., Range 5 E., W.M., as identified on
the attached Exhibit A map.
D. The following uses shall be permitted in
the adult facilities overlay zone:
(1) Adult facilities.
(2) All uses allowed in the underlying zone.
E. Notwithstanding the provisions of
Chapter 19.44 relating to nonconforming
uses, any adult facility lawfully existing and
operating on the effective date of the
ordinance or at the time of annexation of an
area into the city may be continued and
maintained without regard to the restrictions
on adult facilities contained herein 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 facility or use is vacated,
abandoned or closed for continuous periods
of 180 days, the nonconforming status shall
be lost.
3. The adult facility or use cannot be
expanded into additional buildings or areas
of buildings on the property.
155
4. All other codes, ordinances,
regulations and statutes shall be complied
with in full.
5. All nonconforming adult facilities and
uses shall be granted a phase-out period of
two years, unless said two-year period is an
unreasonable period of amortization for the
said use. In that event, a nonconforming
adult facility shall make application to the
City Land Use Hearing Examiner no later
than 180 days prior to expiration of the two-
year amortization period for an extension of
time. The decision of the Hearing Examiner
shall be in accordance with the provisions of
Chapter 2.70 Marysville Municipal Code. In
determining whether to recommend the
granting of an extension or not, the Hearing
Examiner shall determine whether or not the
harm or hardship to the nonconforming adult
facility outweighs the benefit to be gained by
the public from termination of the use.
Factors to be considered by the Examiner
include the secondary adverse effects of the ·
business on the neighborhood/community,
the location of the business in relationship to
schools, parks, churches, athletic facilities,
convention facilities, residential zones, initial
capital investment, investment realization to
date, life expectancy of the investment, the
existence or nonexistence of a lease option,
6/2/97
as well as a contingency clause permitting
termination of the lease, and whether a
reasonable alternative use of the property
exists.
F. Violation.
1. Violation of any of the provisions of this
chapter relating to adult 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
G. Each provision of this chapter is separate
and severable from all other provisions of
this chapter. The invalidity of any clause,
sentence, paragraph, subdivision, section or
portion of this chapter, or the invalidity of
the application thereof to any person or
circumstances shall not affect the
enforcement of the remainder of this chapter
to any person or circumstances.
156
CHAPTER 19.48
Planned Residential Developments.
Sections:
19.48.010
19.48.020
19.48.030
19.48.040
19.48.050
19.48.060
19.48.070
19.48.080
19.48.090
19.48.100
19.48.110
19.48.120
19.48.130
Purpose.
Planned residential
development -Site
qualifications.
Permitted uses -Ratio of
housing types.
Procedures for review and
approval.
Required elements of PRD
site plans.
Dispersal of housing types.
Bonuses.
Buffering and screening
between housing types.
Compatibility with adjacent
land uses.
Open spaces.
Bulk and dimensional
requirements.
Preservation of existing
features.
Perpetual maintenance of
open space and common
facilities.
19.48.010 Purpose. The purpose of this
chapter is to permit design flexibility and
provide performance criteria which can result
in planned residential developments which
produce:
(1) A maximum choice in the types of
environment and living units available to the
public;
(2) Open space and recreation areas;
(3) A pattern of development which
preserves trees, outstanding natural
topography and geologic features, and
prevents soil erosion;
(4) A creative approach to the use of land
and related physical development;
( 5) An efficient use of land resulting in
smaller networks of utilities and streets and
thereby lower housing costs;
( 6) An environment of stable character in
harmony with surrounding development;
(7) A more desirable environment than
would be possible through the strict
application of other sections of this title.
This chapter is designed to provide for small
and large scale developments incorporating a
single type or a variety of housing types and
612197
related uses which are planned and
developed as a unit. Developments may
consist of individual lots or may have
common building sites. Commonly owned
land must be related to and preserve the
long-term value of the residential
development.
19.48.020 Planned residential
development -Site qualifications.
( 1) The planned residential development
designation (PRD) shall be construed as an
overlay zoning classification which may be
adopted for any area within the city zoned in
a residential classification, or designated for
residential uses on the Comprehensive Plan.
(2) The minimum site area of a PRD shall be
three acres.
(3) The city may accept PRDs less than three
acres in size, but in no case less than one ·
acre in size, provided:
(a) The site has some unique features (slope,
vegetation, sensitive area, etc.) which would
possibly be destroyed if traditional
development techniques were employed; or
(b) The site is located in an area in need of
rehabilitation or undergoing rehabilitation
and renovation, and the assembling of
additional land is not possible.
19.48.030 Permitted/Conditional uses -
Ratio of housing types.
(1) The following uses are permitted within a
PRD: single-family dwellings, duplexes,
attached single-family dwellings up to six
units, multiple-family dwellings up to six
units per building (only applicable to single
family zoned PRD's), and recreational
facilities; provided, that the mix of housing
types in a PRD shall be restricted so that not
more than 30 percent of all structures, or
potential structures, in the single family
zoned PRD and the surrounding residential
neighborhood within a 300-foot radius, as a
whole, are multiple-family dwellings.
(2) Mobile homes are permitted within a
PRD as a conditional use: provided, that the
mix of housing types in a PRD shall be
restricted so that not more than 30 percent
of all structures, or potential structures, in
the PRD and the surrounding residential
neighborhood within a 300-foot radius, as a
whole, are mobile homes.
157
19.48.040 Procedures for review and
approval.
(1) Rezone Procedures Required. For a
PRD overlay designation to be adopted, all
procedural requirements specified in this
Title shall be complied with in full.
(2) 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 vanances
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.
(3) Preliminary Site Plan. A preliminary
site plan meeting the requirements of
subsection (1) of this section 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, gradin~, construction, or
other development actiV1ties commenced on
an approved PRD until the preliminary site
plan is upgraded to a final site plan, and the
same is approved by the city.
(4) Final Site Plan. Following approval by
the city council of a PRD and preliminary
site plan, but before development activities
commence . on the pr?perty, the ai;>plicant
shall sub1TI1t a final site plan meetmg the
requirements of MMC 19.48.050(2). The
city staff shall review the final 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 final site plan shall be signed by
the planning director. An approved final 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
6/2/97
PRD shall be consistent with the final site
plan.
(5) Simultaneous Platting -Exemption. A
preliminary plat subdividing the subject
property pursuant to MMC 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 final
site plan shall preclude the necessity to plat
the property or comply with any subdivision
laws or ordinances.
(6) Amendment to Final Site Plan. An
approved final 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 M1vl:C 19.54.
(7) Duration of Approval. A PRD and
preliminary site plan shall be effective for five
years from the date of approval by the city
council. An applicant who files a written
request with the city council at least 30 days
before the expiration of said approval period
may 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 final 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
MMC Title 20.
(8) Completion Prior to Occupancy. All
required improvements and other conditions
of the PRD and final 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.
(9) 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 final site plan, constitutes
a violation of this title.
158
19.48.050 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: ·
( 1) Preliminary Site Plan.
(a) The title and location of the proposed
PRD, together with the names and addresses
and telephone numbers of the owners of
rec0rd 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;
(b) Where there is multiple ownership, a
document satisfactorily assuring urufied
control through final approval and
construction phases;
( c) Statement of intention to formally
subdivide the property, if applicable;
( d) Calculation of total land area; gross
project area; net project area; net density;
(e) The total number of proposed dwelling
units and a description of the housing type
for each such unit;
(f) Elevation drawings showing the exterior
of all proposed attached dwellings and
multiple-family dwellings;
(g) Probable building materials and treatment
of exterior surfaces on all proposed multiple-
family structures;
(h) Proposed methods to control stonn
drainage;
(i) Project staging or phases, if any;
(j) Provision for phasing out nonconforming
uses;
(k:) 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;
(I) The calculation of the housing-mix ratio
within a 300-foot radius of the project, as
required by MMC 19.48.030;
(m) The location, identification and
dimensions of all existing property lines,
streets, alleys and easements, indicating the
condition of all public rights-of-way;
(n) Topography sufficient to show direction
of drainage and site-development suitability,
with contour intervals from five to 20 feet
depending upon the slope characteristics,
extending not less than 150 feet beyond the
boundaries of the project;
612191
( o) 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;
(p) The location of all existing and proposed
structures, proposed lot lines and/or building
pads, and major areas intended for open
space;
( q) Preliminary landscape plans showing
areas to be landscaped, proposed plant
height, treatment of existing vegetation, and
maiutenance provisions;
(r) The location and intended use of
recreational areas and facilities;
(s) Such additional detail as city staff
reasonably requires.
(2) Final Site Plan.
(a) All elements of the preliminary site plan,
as approved by the city council;
(b) Original and proposed topography at
maximum five-foot contour intervals, and
preservation measures for fill and cut slopes;
( c) 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;
(d) The existing edge and width of pavement
of any adjacent roadways and all proposed
internal streets, off-street parking facilities,
driveway approaches, curbmg, sidewalks or
walkways, street channelization, and type of
surfaces;
( e) Typical cross-sections of all internal
streets and sidewalks;
(f) Final landscaping plan, including plant
locations, species size at planting, together
with location and typical side view of
perimeter fencing or berms, if any; ..
(g) Plans for all attached dwellings and
multiple-family dwellings and related
improvements, to a scale of not less than one
inch to 50 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;
(h) Plans for open space improvements, if
any;
(i) Plans for signing and lighting, including
typical side view of entrance treatment and
entrance signs;
159
(j) The location of all water mains, valves,
fire hydrants, sewer mains, laterals,
manholes, pump stations and other
appurtenances;
(k) Restrictive covenants as required by
l\.1MC 19.48. 130, together with a statement
from a private attorney as to the adequacy of
the same to fulfill the requirements of this
chapter;
(I) Detailed drainage plans, including the
location of all storm water drainage facilities,
retention/detention ponds and oil/water
separators;
(n) A certificate of approval prepared for
the signature of the planning director.
19.48.060 Dispel'llal of housing types.
When PRDs are located within or adjacent to
single-family residential zones and may be
surrounded by traditional development with
detached dwelling units, PRDs shall be
designed and developed so as to be
consistent with a single-family residential
environment. Attached dwellings and
multiple-family dwellings within a PRD
should be dispersed throughout the project.
19.48.070 Bonuses. The city, in its
discretion, may allow an increase in the net
density of the project by a factor of up to 20
percent. ( 1) A bonus request must comply
with the residential density incentive
requirements of Chapter 19.26. (2) Lot
sizes may utilize the R-8 dimensional
standards when significant active recreation
facilities are provided.
19.48.080 Buffering and screening
between housing types. Multiple-family
dwelling units within a PRD shall be visually
segregated from single-family attached or
detached dwelling units by the 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 housing types.
19.48.090 Compatibility with adjacent
land uses. Any residential development
within 100 feet of the perimeter of a PRD
must be the same housing type as that of
adjacent properties outside of the PRD.
612197
i
19.48.100 Open spaces. (1) A minimum
of 15 percent of the gross project area shall
be established as open space. Parking areas,
driveways, access streets and required yards
are not considered to be open space for
purposes of this section. Fencing and plant
screening shall separate recreation areas
from public streets, parking areas and
driveways.
(2) Open space and recreational facilities
shall be owned, operated and maintained in
common by the PRD property owners.
Provided, that by agreement with the city
council, open space may be dedicated in fee
to the public.
(3) The open space requirement may be
reduced if substantial and appropriate
recreational facilities ( sucli as recreational
buildings, swimming pools or tennis courts)
are provided. If an open space reduction is
proposed, detailed plans showing . the
proposed recreational facilities must be
submitted with the preliminary site plan.
19.48.110 Bulk and dimensional
requirements. Except as specifically
modified in this section, the bulk and
dimensional requirements of Chapter 19.20
l\.1MC shall apply to all development within a
PRD.
Simlle Famllv Detached Dwellin2 Units
R 4.5-R R 8 zone ! RlZ..28
6.5 · zones
zones i
Min. lot 5000 4000 4000
size sa./ft. sa./ft. SQ./ft.
Front/rear 20 ft. 20ft. 20 ft.
yard
setback(l)
Side yard 5 ft. 5 ft. 5 ft.
setback .
Minimum 50 ft 50 ft. 40 ft.
'lot width
Maximum 40% 40% 45%
building
coveral{e
Attached Sin1de-Familv Dwellin1 Units
R 4.5-R RS zone R12-28
6.5 zones
zones
·Min. lot 2000 2000 2000
size so./ft. sa./ft. so./ft.
Front/rear 20 ft. 20 ft. 20 ft.
vard
160
I
!
'
'
i
setback(!)
Side yard
setback
None None None
Minimum 25 ft. 25 ft. 25 ft.
lot width
Maximum 50% 50% 50%
building
coverage
Multiple Family Dwellin2 Units
R 4.5-R R 8 zone Rl2-28
6.5 zones
zones
Min. lot ---
size
Front/rear 20 ft. 20 ft. 20 ft.
yard
setback(!)
Side fard lOft. 10 ft. 10 ft.
setbac
Minimum 70 ft. 70 ft. 10tt.
lot width
Maximum 40% 45% 50"/o
1 building
! coverage
Sin2le Familv Detached Zero lot line
R 4.5-R R8zone Rl2-28
6.5 zones
zones
Min. lot 3500 3500. 3500
size so./ft. sa./ft. so./ft.
Front/rear 20 ft. 20 ft. 20 ft.
yard
setback
Side yard
setback<2)
None None None
Minimum 35 ft. 35 ft. 35 ft.
lot width
Maximum 45% 45% 45%
building
coverage
Duolex Dwellin2 Units
R 4.5-R RS zone R12-28
6.5 zones
zones
Min. lot 7200 4000 -
size <ll./ft. sa./ft.
Front/rear 20 ft. 20 ft. 20 ft.
yard
setback(l)
Side yard 5 ft. 5 ft. 5 ft.
setback
Minimum soft. 50 ft. son.
lot width
6/2/97
I
.
!
I
Maximum 40% 40% 40%
building
coveraae
(1) The front yard setback may be reduce to
10 feet provided that at least 20 linear feet of
driveway is provided between any garage,
carport, or other fenced parking area and the
street property line, or the lot takes access
from an alley. The linear distance shall be
measured along the centerline of the
driveway from the access point to such
garage, carport or fenced area to the street
property line. No more than two
consecutive lots may be reduced to 10 feet.
(2) Provided there is a minimum of 10 feet
separation between single family structures.
19.48.120 Preservation of existing
features •
( 1) Existing trees and other natural and
unique features shall be preserved wherever
possible. The location of these features must
be considered when planning the open space,
location of buildings, underground services,
walks, paved areas, playgrounds, parking
areas, and finished grade levels.
(2) The city shall inquire into the means
whereby trees and other natural features will
be protected during construction. Excessive
site-clearing of topsoil, trees and natural or
unique features before commencement of
building operations may disqualify the
project as a PRD.
19.48.130 Perpetual maintenance of
open space and common facilities.
Before approval of the final site plan or
occupancy of any dwelling units, the
applicant shall submit to the city, for its
approval, covenants, deed restrictions,
homeowner association bylaws, and/or other
documents providing for preservation and
maintenance of all common open space,
private parking areas, walkways,
landscaping, signs, lights, roads and
community facilities at the cost of the
property owners in the PRD. All common
areas and facilities shall be continuously
maintained at a minimum standard at least
equal to that required by the city, and
approved by the compliance officer at the
time ofinitial occupancy.
161
CHAPTER 19.50 APPLICATION
REQUIREMENTS
SECTIONS:
19.50.010 Applications -Specific form
and content of application
determined
19.50.020 Applications -Initiation of
required approvals or permits
19.50.030 Applications -Complete
applications
19.50.035 Applications -Vesting
19.50.040 Applications -Modifications
to proposal
19.50.050 Applications -Supplemental
information
19.50.060 Applications -Oath of
accuracy
19.50.070 Applications -Limitations on
reftling of applications
19.50.0lOApplications -Specific form and
content of application determined. The
Department shall:
A Prescribe, prepare and provide the
form on which applications required by this
code are made; and
B. Prescribe the type of information to
be submitted by the applicant.
19.50.020Applications -Initiation of
required approvals or permits. The
Department shall not commence review of
any application set forth in this chapter until
the property owner has submitted the
materials and fees specified for complete
applications.
19.50.030Applications Complete
applications.
A. Applications for conditional use
permits, variances, and zone reclassifications
shall be considered complete as of the date
of submittal upon determination by the
Department that the materials submitted
contain the following:
1. Application forms provided by the
Department and completed by the applicant;
2. Certificates of sewer and water
availability from the appropriate purveyors,
where sewer and/or water service is.
proposed to be obtained from a purveyor,
confirming that the proposed water supply
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and/or sewage disposal are adequate to serve
the development in compliance with adopted ·
state and local system design and operating
guidelines;
3. Identification on the site plan of all
easements, deed restrictions, or other
encumbrances restricting the use of the
property, if applicable;
4. Proof that the lot or lots are
recognized as separate lots pursuant to the
provisions of MMC Title 20 Subdivision
Code;
5. A sensitive area report, if applicable;
6. A completed environmental checklist,
if required by MMC 19.22, Procedures and
Policies for implementing the State
Environmental Policy Act;
7. Payment of any development permit
review fees, excluding impact fees; and
8. Complete applications for other
required permits that are required to be
processed concurrently with the proposed
application, or copies of approved permits
that are required to be obtamed prior to the
proposed application.
B. Applications found to contain
material errors shall not be deemed complete
until such material errors are corrected.
C. The Planning Director may waive
specific submittal requirements determined
to be unnecessary for review of an
application.
19.50.035Vesting.
A Only a complete application for a
conditional use permit shall be considered
under zoning and other land use control
ordinances in effect as of the date of
submittal.
B. Supplemental information required
after acceptance and vesting of a complete
application shall not affect the validity of the
vesting for such application.
C. Vesting of an application does not
vest any subsequently required permits, nor
does it affect the requirements for vesting of
subsequent permits or approvals.
D. This section vests only conditional
use permits. Vesting for other development
permits shall be governed by other applicable
titles.
19.50.040Applications -Modifications to
proposal.
162
(.
A. Modifications to an application
required by the City shall not be deemed a
new application.
B. An applicant-requested modification
occurrin~ either before or after issuance of
the perrrut shall be deemed a new application
for the purpose of vesting when such
modification would result in a substantial
increase in a project's impacts as determined
by the Department. Such substantially
increased impacts may include increases in
residential density or traffic generation or a
greater than 10 percent increase in building
square footage.
19.50.0SOApplications -Supplemental
information.
A. The Department may cease
processing of a complete application while
awaiting supplemental information which is
found to be necessary for continued review
subsequent to the initial screening by the
Department.
B. The Department shall set a
reasonable deadline for the submittal of such
supplemental information and shall provide
written notification to the applicant by
certified mail. An extension of such deadline
may be granted upon submittal by the
applicant of a written request providing
satisfactory justification for an extension.
C. Failure by the applicant to meet such
deadline shall be cause for the Department to
cancel/deny the application:
D. When granting a request for a
deadline extension, the Department shall give
consideration to the number of days between
receipt by the Department of a written
reci.uest for a deadline extension and the
mailing to the applicant of the Department's
decision. regarding that request.
19.50.060Applications -Oath of accuracy.
The applicant shall attest by written oath to
the accuracy and completeness of all
information submitted for an application.
19.50.070Applications -Limitations on
refiling of applications. Upon denial by the
City Council of a zone reclassification or a
conditional use permit, no new application
for substantially the saine proposal shall be
accepted within one year from the date of
denial.
612197 163
CHAPTER 19.52 REVIEW
PROCEDURES
SECTIONS:
19.52.010 Code compliance review -
Actions subject to review
19.52.020 (Reserved)
19.52.030 Planning Director review -
Decisions and appeals
19.52.040 Planning Director review -
Actions subject to review
19.52.050 Planning Director review -
Notice requirements and comment period
19.52.060 Planning Director review -
Decision or public hearing required
19.52.070 Planning Director review -
Additional requirements prior to hearing
19.52.080 Planning Director review -
Decision regarding proposal
19.52.090 Planning Director review -
Time Limitations
19.52.010 Code compliance review -
Actions subject to review. The following
actions shall be subject to the administrative
review for determining compliance with the
provisions of this title and/or any applicable
development conditions which may affect the
proposal:
A. Building permits;
B. Grading permits; and
C. Temporary use permits.
19.52.020 (Reserved)
19.52,030 Planning Director review -
Decisions and appeals.
A The Planning Director shall approve
with conditions or deny permits based on
compliance with this title and any other
development conditions affecting the
proposal.
B. · Planning Director decisions may be
appealed to the Hearing Examiner.
C. Permits approved through code
compliance review shall be effective for the
time periods and subject to the terms set out
as follows:
1. Building permits shall comply with
Uniform Building Code as adopted by the
City of Marysville;
2. Grading permits shall comply with
MMC 19.28 and the Uniform Building Code
as adopted by the City of Marysville; and
612/97
3. Temporary use permits shall comply
with MMC 19.44
19.52.040 Planning Director review -
Actions subject to review. The following
actions shall be subject to the Planning
Director review procedures set forth in this .
chapter:
A Applications for conditional uses.
19.52.050 Planning Director review •
Notice requirements and comment period.
A The Department shall provide
published, posted and mailed notice pursuant
to Title 15 MMC for all applications subject
to Planning Director review.
B. Written comments and materials
regarding applications subject to Planning
Director review procedures shall be
submitted within 15 days of the date of
published notice or the posting date,
whichever is later.
19.52.060 Planning Director review -
Decision or public hearing required.
Following the comment period provided in
MMC 19.52.050, the Planning Director
shall:
A Review the information in the record
and render a decision pursuant to MMC
19.52.080; or
B. Forward the · application to the
Hearing Examiner for public hearing, if:
1. Adverse comments are received from
at least five persons or agencies during the
comment period which are relevant to the
decision criteria of MMC 19.54 or state
specific reasons why a hearing should be
held; or
2. The Planning Director determines
that a hearing is necessary to address issues
of vague, conflicting or inadequate
information, or issues of public significance.
19.52.070 Planning Director review -
Additional requirements prior to hearing.
When a hearing before the Hearing Examiner
is deemed necessary by the Planning
Director:
A Application processing shall not
proceed until the supplemental permit review
fees set forth in the MMC are received; and
B. The application shall be deemed
withdrawn if the supplemental fees are not
164
received within 30 days of applicant
notification by the Department.
19.52.080 Planning Director review -
Decision regarding proposal.
Decisions regarding the approval or denial of
proposals subject to Planning Director
review pursuant to MMC 19.52.040 shall be
based upon compliance with the required
showings ofMMC 19.54.
19.52.090 Planning Director Review -
Time limitations.
Permit approvals which are subject to review
per MMC 19.52.040 shall have a time-limit
of two years from issuance or date of the
final appeal decision, whichever is applicable,
in which any required conditions of approval
must be . met; however, conditional .use
approval for schools shall have a time limit
of five years. The time-limit may be
extended one additional year by the Planning
Director or the Hearing Examiner if the
applicant provides written justification prior
. to the expiration of the time limit. For the
purpose of this chapter, issuance date shall
be the date the permit is issued or date upon
which the Hearing Examiner's decision is
issued on an appeal of a permit, whichever is
later. A permit is effecttve indefinitely once
any required conditions of approval have
been met.
6/2/97 165
CHAPTER 19.54 DECISION
CRITERIA
SECTIONS:
19.54.010
19.54.020
19.54.030
19.54.040
19.54.050
19.54.060
19.54.070
19.54.080
19.54.090
19.54.100
19.54.110
19.54.120
Purpose
(Reserved)
Temporary use permit
Variance
Conditional use permit
(Reserved)
Zone reclassification
19.54.080 Rezone and
review procedures.
Home occupation permit
Continuing jurisdiction.
Cancellation of decisions.
Transfer of ownership.
19.54.010 Purpose. The purposes of this
chapter are to allow for consistent evaluation
of land use applications and to protect
nearby properties from the possible effects of
such requests by:
A Providing clear criteria on which to
base a decision;
~-Recognizing the effects of unique
ctrcumstances upon the development
potential of a property;
C.. . Avoiding the granting of special
pnvtleges;
D. Avoiding development which may be
unnece~sarily detrimental to neighboring
propemes;
~-. Requiring that the design, scope and
mtens1ty of development is in keeping with
the physical aspects of a site and adopted
land use policies for the area; and
F. Providing criteria which emphasize
protection of the general character of
neighborhoods.
19 .54.020 (Reserved)
19.54.030 Temporary use permit A
temporary use permit shall be granted by the
City, only if the applicant demonstrates that
A The proposed temporary use will not
be materially detrimental to the public
welfare;
B. The proposed temporary use is
compatible with existing land use in the
immediate vicinity in terms of noise and
hours of operation;
612197
C. Adequate public off-street parking
and traffic control for the exclusive use of
~he proposed temporary use can be provided
m a safe manner; and
D. The proposed temporary use is not
otherwise permitted in the zone in which it is
proposed.
19.54.040 Variance. A A variance shall
be granted by the City, only if the applicant
demonstrates all of the following:
I. The strict enforcement of the
provisions of this title creates an unnecessary
hardship to the property owner
2. The variance is necess~ry because of
the unique size, shape, topography or
location of the subject property; '
3. . . The subjec! pr~perty is deprived, by
pr?".1Sions ?f this title, of rights and
p~~eges enjoyed by other properties in the
v1c1ruty and under an identical zone·
4. The need for the variance is not the
result of deliberate actions of the applicant or
property owner;
5. The variance does not create health
and safety hazards;
6. The variance does not allow
establishment of a use that is not otherwise
permitted in the zone in which the proposal
is located;
7. The variance does not allow the
creation of lots or densities that exceed the
base residential density for the zone;
8. The variance is the minimum
necessary to gr~t relief to the applicant;
9. The variance from setback or height
requirements does not infringe upon or
interfere with easements; and
B. In granting any variance, the City
may prescribe appropriate conditions and
safe~ards that :vii! ensure that the purpose
and mtent 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 Title 4 .l\1}JC.
19.54.050 Conditional use permit. A
conditional use permit shall be granted by the
City, only if the applicant demonstrates that:
A The conditional use is designed in a
manner which is compatible with the
character and appearance with the existing,
or proposed development in the vicinity of
the subject property;
166
B. The location, size and height of
buildings, structures, walls and fences, and
screening vegetation for the conditional use
shall not hinder neighborhood circulation or
discourage the pennitted development or use
of neighboring properties;
C. The conditional use is designed in a
manner that is compatible with the physical
characteristics of the subject property, and
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;
D. Requested modifications to standards
are limited to those which will mitigate
impacts in a manner equal to or greater than
the standards of this title;
E. The conditional use will not endanger
the public health or safety if located where
proposed ahd developed, and that the use
will not allow conditions which will tend to
generate nuisance conditions such as noise,
dust, glare, vibration;
F. The conditional use is such that
pedestrian and vehicular traffic associated
with the use will not be hazardous or conflict
with existing and anticipated traffic in the
neighborhood; and
G. The conditional use will be supported
by adequate public facilities or services and
will not adversely affect public services to
the surrounding area or conditions can be
established to mitigate adverse impacts on
such facilities.
H. The use meets all required conditions
and specifications set forth in the zone where
it proposes to locate;
I. The use will not be injurious or
detrimental to adjoining or abutting property,
or that the use is a public necessity;
l In addition, the City 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 (b) of this subsection,
( 4) Impose conditions similar to those set
forth in (b) and ( c) above, as deemed
necessary to establish parity with uses
permitted in the same zone in their freedom
612197
from nuisance generating features in matters
of noise, odors, air pollution, wastes,
vibration, traffic, physical hazards;
19,54.060 (Reserved)
19.54.070 Zone reclassification. A zone
reclassification shall be granted only if the
applicant demonstrates that the proposal is
consistent with the Comprehensive Plan and
applicable functional plans and complies with
the following criteria:
A There is a demonstrated need for
additional zoning as the type proposed.
B. The zone reclassification is consistent
and compatible with uses and zoning of the
surrounding properties.
C. There have been significant changes
in the circumstances of the property to be
rezoned or surrounding properties to warrant
a change in classification.
D. The property is practically and
physically suited for the uses allowed in the
proposed zone reclassification.
19.54.080 Rezone and review procedures.
(1) General procedures. A rezone requires a
two-step approval process:
(a) The preliminary plan and rezone
application are considered together through
the normal rezone process; and
(b) A final plan is reviewed administratively
after the rezone has been approved. No
development pennits shall be issued until a
final plan has been approved by the City.
(2) Alternative Procedure -Concurrent
Rezone, and Preliminary Subdivision/Binding
Site Plan. Concurrent applications for
rezone, and preliminary subdivision/binding
site may be made, provided that all items
required for the entirety of. the rezone sue
are submitted at the time application is made.
The rezone application, and preliminary
subdivision/binding site plan shall be
processed as a master permit application.
(3) City-Initiated Rezone -Alternative
Procedure. When recommended by the city
comprehensive plan, the city may initiate
rezoning as part of the comprehensive plan
implementation process. When this
alternative is exercised, the provisions of
MMC 19.54.080 (1) and (2) 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
167
Planning Department for review and
approval.
19.54.090 Home occupation permit. A
home occupation permit shall be granted by
the City only if the applicant demonstrates
that the home occupation will be conducted
in compliance with the provisions of MMC
19.32. .
19.54.100 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 Title 15
MMC. 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.
19.54.110 ·Cancellation of decisions.
The decision of the city granting a 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
two years from the date of the decision.
19.54.120 Transfer of ownership.
A variance or conditional use permit runs
with the land. Compliance with the
conditions of any such variance or permit is
the responsibility of the current owner of the
property, whether that be the applicant or a
successor.
6/2/97 168
CHAPTER 19.56 AMENDMENTS
SECTIONS:
19.56.010
19.56.020
19.56.030
19.56.040
Purpose
Authority and Application
Required Findings
Burden of Proof
19.56.0lOPurpose. After reviewing the
Planning Commission's recommendation
concerning a proposed amendment, the City
Council may amend, supplement, or change
by ordinance, any of the provisions, herein.
19.56.020Authority and Application.
Amendments to the text of this title may be
initiated by the City Council, the Planning
Commission, City staff, or petition submitted
by a citizen.
19.56.030Required Findings.
Amendments to the text to this title may be
made if all the following findings are made:
A. The amendment is consistent with the
purposes of the Comprehensive Plan;
B. The amendment is consistent with the
purpose of this title;
C. There have been significant changes
in the circumstances to warrant a change;
D. The benefit or cost to the public
health, safety and welfare is sufficient to
warrant the action.
19.56.040Burden of Proof. The applicant
must demonstrate that the proposed
amendment meets the conditions of the
required findings above.
6/2/97 169
CHAPTER 19.58 ENFORCEMENT
SECTIONS:
19.58.010
19.58.020
19.58.030
Purpose
Authority and application
Violations defined
19.58.010 Purpose. The purpose of
this chapter is to promote compliance with
this title by establishing enforcement
authority, defining violations, and setting
standards for initiating the procedures set
forth in MMC 19.58, Enforcement, when
violations of this title occur.
19.58.020 Authority and
application. The Planning Director is
authorized to enforce the provisions of this
code, any implementing administrative rules,
and approval conditions attached to any land
use approval, through revocation or
modification of permits, or through the
enforcement provisions of Chapter 4.02
MMC.
19.58.030 Violations defined. No
building permit or land use approval in
conflict with the provisions of this title shall
be issued. Structures or uses which do not
conform to this title, except legal
nonconformances specified in MMC 19.44
and approved variances, are violations
subject to the enforcement provisions of
Chapter 4.02 MMC.
612197 170
Chapter 19.60
PLANNING, ZONING AND LAND USE
FEES
Sections:
19.60.010 Purpose.
19.60.020 Schedule of fees.
19.60.010 Purpose. .
The purpose of this chapter is to establish a
compre~ensive schedl!-le of fee~ for various
appbcat1ons and permits authorized pursuant
to Titles 18, 19 and 20 of the Marysville
Municipal Code. It is also the purpose of this
chapter to consolidate the various fees for
applications into one single chapter and to
provide for a schedule of fees which make it
possible to locate and identify within one
section of the city's code the applicable fees
for certain applications and permits.
19.60.020 Schedule of fees.
The following "Schedule of Planning, Zoning
and Land Use Fees" for the permits and
applications referenced therein, as authorized
by MMC Titles 18, 19 and 20, is adopted:
Schedule of Planning, Zoning and Land Use
Fees
Rezone
Simde-familv & PRD
Multinle-familv & commercialfmd.
! Preliminary plat
Final nlat
Short nlat
Final short plat
• Preliminarv Bindin11 site nlan
i
! Final Bindin2 Site Plan
Annexation includin11 filin2 fee
Under 10 acres
Over 10 acres
Variance
Residential & shms
Commercial
'
! SEPA checkli$t
6/2/97
750.00
1.000.00 I
l ,500. 00 + 30/lot
500.00 + 10/lot
' 500.00 + 50/lot
100.00 + 10/lot
1.000.00 + 30/lot. soace or unit '
500.00 + 10/lot. snace or unit
250.00 ' 500.00
300.00
500.00
100.00
171
EIS review includin2 advertisin2
Shoreline permit (administrative review only)
Shoreline permit, shoreline conditional use,
or variance permit with nublic hearine
Boundarv line adJ ustment
Conditional use permit (administrative)
Residential
Grouo residence or communication facilitv
Commercial (including RV park)
Conditional use nermit lnublicl
Administrative anneal
Revisions prior to final annroval
Plats & bindina site nlans
Short olats
Final site plan review
Subdivision, Short Subdivision, or Binding
Site Plan annroval extension request
Home occupation, Bed & Breakfast,
Accessory dwelling unit, or other similar
administrative annroval
Zoning code text amendment
Comprehensive Plan amendment
Pre-application review fee
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.
612191
L000.00 I
250.00
I
1,000.00
75.00
:
300.00 + 100.00 for each duolex ' 500.00 I
750.00 + 50.00/Iot
Administrative fee nlus $500.00
I
50.00 !
300.00 + 10.00/lot
100.00 + 10.00/lot :
.
500.00 + 10.00/lot
I
100.00
!
100.00
:
500.00
'
500.00 map amendment
250.00 text amendment
$100.00 (fee will
annlication submittal)
be credited upon
172
APPENDIX A
Bulk, Dimensional and General Requirements
Zone Area I
Width Front Rear Side i Width Max.Lot Max.
(Sq. Ft.) : cul de-sac Coverage Height
RS-20 20,000 100 20 20 10:5 20 25% 30
j RS-12.5 12,500 75 20 20 10:5 20 25% 30
RS-9.6 9,600 70 20 : 20 10:5 20 35% 30
RS-7.2 7,200 60 20 20 10:5 20 35% 35 . . .
RML 12 du/ac 70 25 25 20:10 45% 35 or3 ! -stories .
iRMM 18 du/ac
:
70 45% 35 or3 I
! 25:55 25:55 20:10 -stories ! i :
'RMH 28du/ac 70 25:65 25:65 20:10 I 45% 35or3 -stories
: l sq. ft. gross
BN
!
None -20 20 5 -floor area per 3 35
sq. ft. oflot area
I : None-unless Gross floor area
BC None i 25 next to R zone -not to exceed 3 35 --
!
then JO' times lot area
i
None-unless 1 sq ft. gross :~
GC None ---next to R zone -floor area per 1 35
then 10' sq. ft. of lot area
I None -unless
LI/GI None ---
I
next to R zone -Same as above 35
then JO'
1
RESIDENTIAL 7200
PERMITIED AND CONDITIONAL USES
This list is only to be used for informational purposes. In the case that
this list is inconsistent with the requirements of Chapter 1 9 of the MMC
(zoning code), the zoning code shall apply.
PERMITTED USES:
Accessory uses and structures incidental to any permitted residential use,
such as servants' quarters, garages, greenhouses or workshops; provided
that none shall be rented or occupied for gain, that no accessory building
to be used for living quarters shall be constructed upon a plot until the
construction of the main building has commenced.
Automobile parking operated in conjunction with permitted uses and in
accordance with the requirements of chapter 19.36.
Day nurseries and day care centers with five or fewer children.
Dwelling, single-family.
Fuel oil and kerosene for domestic heating purposes in ground containers
not exceeding 7 50 gallons capacity.
Golf courses, public.
Home occupations as regulated in Sections 19.08.21 5 and 19.44.020.
Petroleum and petroleum products in unpressurized tanks with bulk
storage capacity of 1 ,000 gallons or less.
CONDITIONAL USES:
Amateur radio tower and antenna.
Churches and other places of worship, including parish houses and Sunday
school buildings.
RS 7200 10/95
2
Cemeteries, mausoleums, columbariums and crematories.
Clinics.
Convalescent, nursing and foster homes conducted within the principal
building as an incidental home occupation.
Day nurseries and day care centers with six to twenty children.
Dwellings used as communal or. cooperative living facilities for persons
whose independence is limited by age, disability, mental, physical or
medical reasons, or who are victims of crime or domestic violence, but
not including persons suffering from acute mental sickness or from
contagious or communicable diseases: Three residents per the equivalent
of each minimum lot size allowed in the zone.
Dwellings, factory-built.
Dwellings, two-family
Excavations, other than simple foundations.
Golf courses, including driving ranges.
Golf courses, private.
Group care facility.
Horse riding stables.
Hospitals.
Kennels, private.
Libraries, museums and art galleries.
Lodges, fraternal and social organizations; provided that any such
establishment shall not be conducted primarily for gain.
RS 7200 10/95
3
Nursing, convalescent and retirement homes: Three residents per the
equivalent of each minimum lot size allowed in the zone.
Office buildings for licensed practitioners in fields related to medicine,
dentistry, optometry, law, engineering, architecture and accounting.
Orphanage and charitable institutions; all provided that no buildings so
used shall be within 1 00 feet of any plot line.
Public and private grade, middle, junior high and high schools having
curricula approximately the same as ordinarily given in public schools
including gymnasiums and assembly halls in conjunction therewith.
Public or private college or universities.
Public safety facilities, including police stations and fire stations.
Public transportation shelter stations.
Quasi-public buildings, nonprofit in character.
Recreational clubs, centers, buildings, gymnasiums, parks and fields,
which are not operated for profit.
Theaters, coliseums and assembly halls housed in a permanent indoor
structure.
Undertaking establishments, mortuaries, funeral homes or parlors.
RS 7200 10/95
4
RESIDENTIAL 9600
PERMITIED AND CONDITIONAL USES
This list is only to be used for informational purposes. In the case that
this list is inconsistent with the requirements of Chapter 1 9 of the MMC
(zoning code), the zoning code shall apply.
PERMITTED USES:
Accessory uses and structures incidental to any permitted residential use,
such as servants' qucirters, garages, greenhouses or. workshops; provided
that none shall be rented or occupied for gain, that no accessory building
to be used for living quarters shall be constructed upon a plot until the
construction of the main building has commenced.
Automobile parking operated in conjunction with permitted us.es and in
accordance with the requirements of chapter 19.36.
Day nurseries and day care centers with five or fewer children.
Dwelling, single-family.
Fuel oil and kerosene for domestic heating purposes in ground containers
not exceeding 750 gallons capacity.
Golf .courses, public.
Home occupations as regulated in Sections 19.08.215 and 19.44.020.
Petroleum and petroleum products in unpressurized tanks with bulk
storage capacity of 1 ,000 gallons or less.
CONDITIONAL USES:
Amateur radio tower and antenna.
Cemeteries, mausoleums, columbariums, and crematories.
R 9600 10/95
5
Churches and other places of worship, including parish houses and Sunday
school buildings.
Clinics.
Convalescent, nursing and foster homes conducted within the principal
building as an incidental home occupation.
Day nurseries and day care centers with six to twenty children.
Dwellings used as communal or cooperative living facilities for persons
whose independence is· limited by age, disability, mental, physical or
medical reasons, or who are victims of crime or domestic violence, but
not including persons suffering from acute mental sickness or from
contagious or communicable diseases: Three residents per the equivalent
of each minimum lot size allowed in the zone.
Dwellings, factory-built.
Dwellings, two-family.
Excavations, other than simple foundations.
Golf courses, including driving ranges.
Golf courses, private.
Group care facility.
Horse riding stables.
Kennels, private.
Lodges, fraternal and social organiiations; provided that any such
establishment shall not be conducted primarily for gain.
Nursing, convalescent and retirement homes: Three residents per the
equivalent of each minimum lot size allowed in the zone.
R 9600 10/95
6
Office buildings for licensed practitioners in fields related to medicine,
dentistry, optometry, law, engineering, architecture and accounting.
Orphanage and charitable institutions; all provided that no buildings so
used shall be within 1 00 feet of any plot line.
Public and private grade, middle, junior high and high schools having
curricula approximately the same as ordinarily given in public schools
including gymnasiums and assembly halls in conjunction therewith.
Public or private college or universities.
Public safety facilities, including police stations and fire stations.
Public transportation shelter stations.
Quasi-public buildings, nonprofit in character.
Recreational clubs, centers, buildings, gymnasiums, parks and fields,
which are not operated for profit.
Swimming pools or beaches, public and semipublic.
Undertaking establishments, mortuaries, funeral homes or parlors.
R 9600 10/95
7
RESIDENTIAL 12500
PERMITTED AND CONDITIONAL USES
This list is only to be used for informational purposes. In the case that
this list is inconsistent with the requirements of Chapter 1 9 of the MMC
(zoning code), the zoning code shall apply.
PERMITTED USES:
Accessory uses and structures incidental to any permitted res.idential use,
such as servants' quarters, garages, greenhouses or workshops; provided
that none shall be rented or occupied for gain, that no accessory building
to be used for living quarters shall be constructed upon a plot until the
construction of the main building has commenced.
Automobile parking operated in conjunction with permitted uses and in
accordance with the requirements of chapter 19.36.
Day nurseries and day care centers with five or fewer children.
Dwelling, single-family.
Farming, ranching and horticulture uses.
Fuel oil and kerosene for domestic heating purposes in ground containers
not exceeding 7 50 gallons capacity.
Golf courses, public.
Home occupations as regulated in Sections 19.08.215 and 19.44.020.
Petroleum and petroleum products in unpressurized tanks with bulk
storage capacity of 1,000 gallons or less.
CONDITIONAL USES:
Amateur radio tower and antenna.
R 12500 10/95
8
Cemeteries, mausoleums, columbariums, and crematories.
Churches and other places of worship, including parish houses and Sunday
school buildings.
Clinics.
Convalescent, nursing and foster homes conducted within the principal
building as an incidental home occupation.
Day nurseries and day care centers with six to twenty children.
Dwellings used as communal or cooperative living facilities for persons
whose independence is limited by age, disability, mental, physical or
medical reasons, or who are victims of crime or domestic violence, but
not including persons suffering from acute mental sickness or from
contagious or communicable diseases: Three residents per the equivalent
of each minimum lot size allowed in the zone.
Dwellings, · factory-built.
Dwellings, two-family.
Excavations, other than simple foundations.
Golf courses, including driving ranges.
Golf courses, private.
Group care facility.
Horse riding stables.
Kennels, private.
Lodges, fraternal and social organizations; provided that any such
establishment shall not be conducted primarily for gain.
Nursing, convalescent and retirement homes: Three residents per the
equivalent of each minimum lot size allowed in the zone.
R 12500 10/95
9
Office buildings for licensed practitioners in fields related to medicine,
dentistry, optometry, law, engineering, architecture and accounting.
Orphanage and charitable institutions; all provided that no buildings so
used shall be within 1 00 feet of any plot line.
Public and private grade, middle, junior high and high schools having
curricula approximately the same as ordinarily given in public schools
including gymnasiums and assembly halls in conjunction therewith.
Public or private college or universities.
Public safety facilities, including police stations and fire stations.
Public transportation shelter stations.
Quasi-public buildings, nonprofit in character.
Recreational clubs, centers, buildings, gymnasiums, parks and fields,
which are not operated for profit.
Swimming pools or beaches, public and semipublic.
Undertaking establishments, mortuaries, funeral homes or parlors.
R 12500 10/95
10
881 Adult Facility Sites
EXHIBIT A
··.,. 1,J
Marysville Municipal Code
due to an inability to comply with its provisions and
achieve compatibility with surrounding uses.
(2) Use of this zone is appropriate in business
park 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. (Ord.
2131, 1997).
19.04.170 Small farms overlay zone.
(1) The purpose of the small farms overlay zone
(-SF suffix to zone's map symbol) is to provide a
process for registering smal I farms, thereby apply-
ing the small farms overlaying zone and recording
official recognition of the existence of the small
farm, and to provide encouragement, for the pres-
ervation of such farms, as well as encouraging
good neighbor relations between single-family and
adjacent development.
(2) Use of this zone is appropriate for existing
and newly designated small farms. (Ord. 2131,
1997),
19.04.180 Waterfront overlay zone.
(Reserved). (Ord. 2131, 1997).
19.04.190 Adult facilities overlay zone.
The purpose of establishing the adult facilities
overlay zone is to permit the location of adult facil-
ities in an area of the city which will reduce the sec-
ondary effects of such an establishment on the
community. The performance criteria included in
this zone are intended to control external as well as
internal impacts of the development and bulk and
special limitations in other chapters of the zoning
code are superseded by the provisions of this chap-
ter. It is the further purpose of this zone to prevent
the location of adult facilities throughout the city
by consolidating them in one area. Because of the
unique character of this zone, and its potential to
disrupt preexisting residential and commercial
development in the community, the city will only
consider classifying propeny in this zone if such
property is designated on the comprehensive plan
as general industrial and is suitable for adult facil-
ities. (Ord. 2131, 1997).
19.04.200 Interim zoning.
The purpose of this section is to provide for the
retainment of the city's current single-family zon-
ing districts until such time that the city conducts
an area-wide rezone to implement the comprehen-
sive plan.
(1) This section authorizes the city of Marys-
ville to continue utilization of development stan-
19-9
19.04.200
<lards, use classifications, and bulk and dimen-
sional standards applicable to the following single-
family residential zoning classifications:
RS-7,200
RS-9,600
RS-12,500
(2) All property which is zoned in one of the
above single-family classifications shall continue
to utilize the existing zoning code development
standards, permitted use classifications, and bulk
and dimensional standards until such time that
either a property specific rezone or an area-wide
rezone has been granted to the new zoning classifi-
cation established by this title, and which imple-
ments the city's comprehensive plan. (S!;ei
Appendbc A, atta;hed to Ord, 2131,,~yirill!~ih
the office of the city clerk.) (Ord. 2131, 1997)l'' '
T\te ~echsd 8/be.
i (\ c~ Coc<t: @ ~e.-
end ~'Bee-lion \Ci
(Revised 9/97)
APPENDIX A
'
' Bulk, Dimensional and General Requirements
Zone Area Front Rear Side Width Max.LOt Max.
{Sq. Ft.) Width cul de-sac Coverage Height
RS-20 20,000 100 20 20 10:5 20 25% 30
I
RS-12.5 12,500 75 20 20 10:5 20 25% 30
RS-9.6 9,600 70 20 20 10:5 20 35% 30
RS-7.2 7,200 60 20 20 10:5 20 35% 35
!
RML 12dulac 70 25 25 20:10 45% 35or3 -stories .
RMM 18 du/ac 70 25:55 25:55 20:10 45% 35 or3 -stories
RMH 28 du!ac 70 25:65 25:65 20:10 45% 35 or3 -stories !
1 sq. ft. gross
BN None -20 20 5 -floor area per 3 35
sq. ft. oflot area
None-unless
!
Gross floor area !
BC None --25 next to R zone -not to exceed 3 35
then 10' times lot area
'
None -unless I sq ft. gross
GC None next to R zone floor area per l
..
35 ----
then 10' sq. ft. of lot area
None -unless
LI/GI None ---next to R zone -Same as above 35
'
then 10'
l
RESIDENTIAL 7200
PERMITTED AND CONDITIONAL USES
This list is only to be used for informational purposes. In the case that
this list is inconsistent with the requirements ofChapter 19 of the MMC
(zoning code), the zoning code shall apply.
PERMITTED . USES:
Accessory uses and structures incidental to any permitted residential use,
such as servants' quarters, garages, greenhouses or workshops; provided
that none shall be rented or occupied for gain, that no accessory building
to be used for living quarters shall be constructed upon a plot until the
construction of the main building has commenced.
Automobile parking operated in conjunction with permitted uses and in
accordance with the requirements of chapter 19.36.
Day nurseries and day care centers with five or fewer children.
Owe lling, single-family.
Fuel oil and kerosene for domestic heating purposes in ground containers
not exceeding 750 gallons capacity.
Golf courses,· public.
Home occupations as regulated in Sections 19.08.215 and 19.44.020.
Petroleum and petroleum products in unpressurized tanks with bulk
storage capacity of 1,000 gallons or less.
CONDITIONAL USES:
Amateur radio tower and antenna.
Churches and other places of worship, including parish houses and Sunday
school buildings.
RS 7200 10/95
2
Cemeteries, mausoleums, columbariums and crematories.
Clinics.
Convalescent, nursing and foster homes conducted within the principal
building as an incidental home occupation.
Day nurseries and day care centers with six to twenty children.
Dwellings used as communal or cooperative living facilities for persons
whose independence is limited by age, disability, mental, physical or
medical reasons, or who are victims of crime or domestic violence, but.
not including persons suffering from acute mental sickness or from
contagious or communicable diseases: Three residents per th.e equivalent .
of each minimum lot size allowed in the zone.
Dwellings, factory~built.
Dwellings, two-family
Excavations, other than simple foundations.
Golf courses, including driving ranges.
Golf courses, private.
Group care facility.
Horse riding stables.
Hospitals.
Kennels, private.
Libraries, museums and art galleries.
Lodges, fraternal and social organizations; provided that any such
establishment shall not be conducted primarily for gain.
RS 7200 10/95
3
Nursing, convalescent and retirement homes: Three residents per the
equivalent of each minimum lot size allowed in the zone.
Office buildings for licensed practitioners in fields related to medicine,
dentistry, optometry, law, engineering, architec~ure and accounting.
Orphanage and charitable institutions; all provided that no buildings so
used shall be· within 1 00 feet of any plot line.
Public and private grade, middle, junior high a.nd high schools having
curricula approximately the same as ordinarily given in public schools
including gymnasiums and assembly halls in conjunction therewith.
Public or private college or universities.
Public safety facilities, including police stations and fire stations.
Public transportation shelter stations.
Quasi-public buildings, nonprofit in character ..
Recreational clubs, centers, buildings, gymnasiums, parks and fields,
which are not operated for profit.
Theaters, coliseums and assembly halls housed in a permanent indoor
structure.
Undertaking establishments, mortuaries, funeral homes or parlors.
RS 7200 10/95
4
RESIDENTIAL 9600
PERMITTED AND CONDITIONAL USES
This list is only to be used for informational purposes. In the case that
this list is inconsistent with· the requirements of Chapter 19 of the MMC
(zoning code), the zoning code shall apply.
PERMITTED USES:
Accessory uses and structures incidental to any permitted residential use,
such as servants' qua.rters, garages, greenhouses or. workshops; provided
that none shall be rented or occupied for gain, that no accessory building
to be used for living quarters shall be constructed upon a plot until the
construction of the main building has commenced.
Automobile parking operated in conjunction with permitted uses and in
accordance with the requirements of chapter 19.36.
Day nurseries and day care centers with five or fewer children.
Dwelling, single-family.
Fuel oil and kerosene for domestic heating purposes in ground containers
not exceeding 7 50 gallons capacity.
Golf courses, public.
Home occupations as regulated in Sections 19.08.215 and 19.44.020.
Petroleum and petroleum products in unpressurized tanks with bulk
storage capacity of 1,000 gallons or less.
CONDITIONAL USES:
Amateur radio tower and antenna.
Cemeteries, mausoleums, columbariums, and crematories.
R 9600 10/95
5
Churches and other places of worship, including parish houses and Sunday
school buildings.
Clinics.
Convalescent, nursing and foster homes conducted within the principal
building as an incidental home occupation.
Day nurseries and day care centers with six to twenty children.
Dwellings used as communal or cooperative living facilities for persons
whose independence is limited by age, disability, mental, physical or
medical reasons, or who are victims of crime or domestic violence, but
not including persons suffering from acute mental sickness or from
contagious or communicable diseases: Three residents per the equivalent
of each minimum lot size allowed in the zone.
Dwellings, factory-built.
Dwellings, two-family.
Excavations, other than simple foundations.
Golf courses, including driving ranges.
Golf courses, private.
Group care facility.
Horse riding stables.
Kennels, private.
Lodges, fraternal and social organizations; provided that any such
establishment shall not be conducted primarily for gain.
Nursing, convalescent and retirement homes: Three residents per the
equivalent of each minimum lot size allowed in the zone.
R 9600 10/95
6
Office buildings for licensed practitioners in fields related to medicine,
dentistry, optometry, law, engineering, architecture and accounting.
Orphanage and charitable institutions; all provided that no buildings so
used shall be within 1 00 feet of any plot line.
Public and private grade, middle, junior high and high schools having
curricula approximately the same as ordinarily given in public schools
including gymnasiums and assembly halls in conjunction therewith.
Public or private college or universities.
Public safety facilities, including police stations and fire stations.
Public transportation shelter stations.
Quasi-public buildings, nonprofit in character.
Recreational clubs, centers, buildings, gymnasiums, parks and fields,
which are not operated for profit.
Swimming pools or beaches, public and semipublic.
Undertaking establishments, mortuaries, funeral homes or parlors.
R 9600 10/95
7
RESIDENTIAL . 12500
PERMITIED AND CONDITIONAL USES
This list is only to be used for informational purposes. In the case that
this list is inconsistent with the requirements of Chapter 19 of the MMC
(zoning code), the zoning code shall apply.
PERMITTED USES:
Accessory uses and structures incidental to any permitted residential use,
such as servants' quarters, garages, greenhouses or workshops; provided
that none shall be rented or occupied for gain, that no accessory building
to be used for living quarters shall be constructed upon a plot until the
construction of the main building has commenced.
Automobile parking operated in conjunction with permitted uses and in
accordance with the requirements of chapter 19.36.
Day nurseries and day care centers with five or fewer children.
Dwelling, single-family.
Farming, ranching and horticulture uses.
Fuel oil and kerosene for domestic heating purposes in ground containers
not exceeding 750 gallons capacity.
Golf courses, public.
Home occupations as regulated in Sections 19.08.215 and 19.44.020.
Petroleum and petroleum products in unpressurized tanks with bulk
storage capacity of 1,000 gallons or less.
CONDITIONAL USES:
Amateur radio tower and antenna.
R 12500 10/95
8
Cemeteries, mausoleums, columbariums, and crematories.
Churches and other places of worship, including parish houses and Sunday
school buildings.
Clinics.
Convalescent, nursing and foster homes conducted within the principal
building as ·an incidental home occupation.
Day nurseries and day care centers with six to twenty children.
Dwellings used as communal or cooperative living facilities for persons
whose independence is limited by age, disability, mental, physical or
medical reasons, or who are victims of crime or domestic violence, but
not including persons suffering from acute mental sickness or from
contagious or communicable diseases: Three residents per the equivalent
of each minimum lot size allowed .in the zone.
Dwellings, factory-built.
Dwellings, two-family.
Excavations, other than simple foundations.
Golf courses, including driving ranges.
Golf courses, private.
Group care facility.
Horse riding stables.
Kennels, private.
Lodges, fraternal and social organizations; provided that any such
establishment shall not be conducted primarily for gain.
Nursing, convalescent and retirement homes: Three residents per the
equivalent of each minimum lot size allowed in the zone.
R 12500 10/95
9
Office buildings for licensed practitioners in fields related to medicine,
dentistry, optometry, law, engineering, architecture and accounting.
Orphanage and charitable institutions; all provided that no buildings so
used shall be within 100 feet of any plot line.
Public and private grade, middle, junior high and high schools having
curricula approximately the same as ordinarily given in public schools
including gymnasiums and assembly halls in conjunction therewith.
Public or private college or universities.
Public safety facilities, including police· stations and fire stations.
Public transportation shelter stations .•
Quasi-public buildings, nonprofit in character.
Recreational clubs, centers, buildings, gymnasiums, parks and fields,
which are not operated for profit.
Swimming pools or beaches, public and semipublic.
Undertaking establishments, mortuaries, funeral homes or parlors.
R 12500 10/95
10
' ,, .,
Legend
April-1996
EXHIBIT A
Title20
SUBDIVISIONS
Chapters:
Article I. Subdivisions and Short Subdivisions
20.04 General Provisions
20.08 Definitions
20.12 Preliminary Subdivision Review
20.16 Final Subdivision Review
20.20 Short Subdivision Review
20.24 Land Division Requirements
20.28 Tax Segregated Lots
20.32 Modifications and Variances
20.36 Appeals
20.40 Enforcement and Penalties
Article II. Binding Site Plan
20.44 General Provisions
20.48 Preliminary Review Process
20.52 Final Review Process
20.56 Standards
20.60 Modifications
20.64 Appeals
20.68 Enforcement and Penalties
Article ID. Boundary Line Adjustments
20.72 General Provisions
20.76 Definitions
20.80 Review Process
20.84 Appeals
20.88 Enforcement and Penalties
20·1
Marysville Municipal Code
Article I. Subdivisions and Short Subdivisions
Chapter 20.04
GENERAL PROVISIONS
Sections:
20.04.010 Title.
20.04.020 Authority.
20.04.030 Purpose.
20.04.040 Jurisdiction.
20.04.050 Applicability-Exemptions.
20.04.010 Title.
This article shall be known as the subdivision
ordinance of the city. (Ord. 1986, 1994).
20.04.020 Authority.
These regulations are authorized by Chapter
58.17 RCW and other applicable state laws .and
city ordinances. (Ord. 1986, J.994).
20.04.030 Purpose.
(1) The purpose of these regulations is to regu-
late the division of land and to promote the public
health, safety and general welfare in accordance
with standards established by the state and city; to
prevent the overcrowding of land; to Jessen con-
gestion in the streets and highways; to promote
effective use of land; to promote safe and conve-
nient travel by the public on streets and highways;
to provide for adequate light and air; to provide for
adequate provisions for water, sewer, parks and
recreation areas, sites for school and school
grounds and other public requirements; to provide
proper ingress and egress; to provide for the expe-
ditious review and approval of proposed subdivi-
sions, and short subdivisions; to adequately
provide for the housing and commercial needs of
the citizens of the city; to promote design that is
compatible with the natural environment; and to
require uniform monumenting of land and convey-
ancing by accurate legal description.
(2) It is further the purpose of these regulations
to provide for and promote the health, safety and
welfare of the general public, and not to create or
otherwise establish or designate any particular
class or group of persons who will or should be
especially protected or benefited by the terms of
these regulations.
(3) It is the specific intent of these regulations
to place the obligation of complying with its
requirements upon the property owner and appli-
cant and no provision or term used in these regula-
tions is intended to impose any duty whatsoever
20-3
20.04.050
upon the city or any of its officers, employees or
agents for whom the implementation or enforce-
ment of these regulations shall be discretionary and
not mandatory.
(4) Nothing contained in these regulations 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 officers, employees or agents, for any
injury or damage resulting from the failure to com-
ply with these regulations, or by reason or in con-
sequence of any inspection, notice, order, certifi-
cate, permission or approval authorized or issued or
done in connection with the implementation or
enforcement of these regulations, or by reason of
any action or inaction on the part of the city related
in any manner of the enforcement of these regula-
tions by its officers, employees or agents. (Ord.
1986, 1994).
20.04.040 Jurisdiction.
These regulations shall apply to all divisions of
all lands within the incorporated area of the city.
(Ord. 1986, 1994).
20.04.050 Applicability-Exemptions.
(1) Divisions of Land-Compliance with State
Law and This Title. Every division or redivision of
land into lots, tracts, parcels, sites or divisions for
the purpose of sale, lease or transfer of ownership
shall proceed in compliance with the provisions of
state law and this title. All contiguous parcels of
land, regardless of date of acquisition or location in
different lots, tracts, parcels, tax lots or separate
government lots, that are to be subdivided or short
subdivided shall constitute a single subdivision or
short subdivision action. Multiple applications or
applications and/or exemptions shall not be uti-
lized as a substitute for comprehensive subdividing
or short subdividing in accordance with the
requirements of this title.
(2) Exemptions.
(a) The provisions of this title as they relate
to subdivisions shall not apply to:
(i) Cemeteries and other burial plots
while used for that purpose;
(ii) A division made by testamentary
provisions, or the laws of descent;
(iii) Boundary line adjustments pursuant
to the city boundary line adjustment ordinance;
(iv) A division which is made by subject-
ing a portion of a parcel or tract of land to Chapter
64.32 RCW (Horizontal Property Regimes Act) or
Chapter 64.34 RCW (Condominium Act) if the
city has approved a binding site plan for all such
20.08.010
land, and the requirements of RCW 58.17.040(7)
have been met;
(v) A division of land into lots, tracts or
parcels classified for business, commercial and
industrial use pursuant to the city's binding site
plan ordinance;
(vi) A division for the purpose of lease
when no residential structure other than mobile
homes or travel trailers are to be placed upon the
land when a binding site plan has been approved by
the city for the use of the land, pursuant to Chapter
19.30 MMC, Mobile/Manufactured Homes and
Chapter 19.31 MMC, Recreational Vehicle Parks.
(b) The provisions of this title as they relate
to short subdivisions shall not apply to:
(i) Cemeteries and other burial plots
while used for that purpose;
(ii) A division made by testamentary
provisions, qr the laws of descent;
(iii) Boundary line adjustments pursuant
to the city boundary line adjustment ordinance;
(iv) A division which is made by subject-
ing a portion of a parcel or tract of land to Chapter
64.32 RCW (Horizontal Property Regimes Act) or
Chapter 64.34 RCW (Condominium Act) if the
city has approved a binding site plan for all such
lands, and the requirements ofRCW 58.17.040(7)
have been met;
(v) A division of land into lots, tracts or
parcels classified for business, commercial and
industrial use pursuant to the city's binding site
plan ordinance;
(vi) A division for the purpose of lease
when no residential structure other than mobile
homes or travel trailers are to be placed upon the
land when a binding site plan has been approved by
the city for the use of the land, pursuant to Chapter
19.30 MMC, Mobile/Manufactured Homes and
Chapter 19.31 MMC, Recreational Vehicle Parks;
and
(vii) A division or redivision of land for
the purpose of sale, lease or transfer of ownership
which is done in accordance with the subdivision
requirements of this title; and
(viii) A division of land for city govern-
mental purposes limited to the acquisition of land
for right-of-way and detention facilities.
(3) The exemptions provided herein shall not
be construed as exemptions from compliance with
all other applicable standards required by the city
and state. (Ord. 1986, 1994).
20-4
Chapter 20.08
DEFINITIONS
Sections:
20.08.0l 0 Adjacent property owners.
20.08.020 Aggrieved person.
20.08.030 Applicant.
20.08.040 Binding site plan.
20.08.050 Block.
20.08.060 Bond.
20.08.070 Building setback line.
20.08.080 Building site.
20.08.090 City.
20.08.100 City standards.
20.08.110 Comprehensive plan.
20.08.120 Contiguous parcels.
20.08.130 Cul-de-sac.
20.08.140 Dedication.
20.08.150 Dedicatory statement.
20.08.160 Division ofland.
20.08.170 Engineering feasibility study.·
20.08.180 Final approval.
20.08.190 Final plat.
20.08.200 Final short plat.
20.08.210 Hearing examiner.
20.08.220 Improvement.
20.08.230 Lot.
20.08.240 Nonresidential division of land.
20.08.250 Owner.
20.08.260 Panhandle lot.
20.08.270 Person.
20.08.280 Plat.
20.08.290 Preliminary approval.
20.08.300 Preliminary plat or short plat.
20.08.310 Public improvements.
20.08.320 Redivision.
20.08.330 Request for final approval.
20.08.340 Short plat.
20.08.350 Short subdivision.
20.08.360 Subdivision.
20.08.370 Subdivision and short subdivision
certificate.
20.08.380 Suitable guarantee.
20.08.390 Zoning ordinance.
20.08.010 Adjacent property owners.
"Adjacent property owners" means the owners
of real property, as shown by the records of the
county assessor, located within 300 feet of any por-
tion of the boundary of the proposed subdivision.
In the case of a mortgage company or bank, the
occupant of the site address shall also be included.
If the owner of the real property which is proposed
to be subdivided owns another parcel or parcels of
Marysville Municipal Code
real property which lie adjacent to the real property
proposed to be subdivided, notice shall be given to
owners of real property located within 300 feet of
any portion of the boundaries of such adjacently
located parcels of real property owned by the
owner of the real property proposed to be subdi-
vided. (Ord. 1986, 1994).
20.08.020 Aggrieved person.
"Aggrieved person" means one whose propri-
etary, pecuniary or personal rights would be sub-
stantially affected by a particular action as
determined by the hearing examiner. (Ord. 1986,
1994).
20.08.030 Applicant.
"Applicant" means any person or legal entity
proposing a division of land. (Ord. 1986, 1994).
20.08.040 Binding site plan.
"Binding site plan" means a drawing to scale
done in accordance with the requirements of the
city's binding site plan ordinance, Chapter 20.44
MMC. (Ord. 1986, 1994).
20.08.050 Block.
"Block" means a group of lots, tract or parcels
within well-defined and fixed boundaries. (Ord.
1986, 1994).
20.08.060 Bond.
See "suitable guarantee," MMC 20.08.360.
(Ord. 1986, 1994).
20.08.070 Building setback line.
"Building setback line" means a line establish-
ing the minimum distance a building may be
located from any property line, improvements,
rights-of-way, stream, drainage way, steep slope or
other boundaries or potential hazards. (Ord. 1986,
1994).
20.08.080 Building site.
"Building site" means an area identified on the
face of the proposed plat and short plat establishing
buildable areas. (Ord. 1986, 1994).
20.08.090 City.
For the purpose of this article, "city" shall be the
city of Marysville. (Ord. 1986, 1994).
20.08.100 City standards.
"City standards" means the engineering design
and development standards as published by the
department of public works. (Ord. 1986, 1994).
20-S
20.08.180
20.08.110 Comprehensive plan.
"Comprehensive plan" means a document or
series of documents adopted by city council that
sets forth broad guidelines and policies for the
development of the city. (Ord. 1986, 1994).
20.08.120 Contiguous parcels.
"Contiguous parcels" m;:ans land adjacent to
other land which is under the same ownership and
not separated by public right-of-way. (Ord. 1986,
1994).
20.08.130 Cul-de-sac.
"Cul-de-sac" (court or dead end street) means a
short street having one end open to traffic and
being permanently or temporarily terminated by a
vehicle tum-around. (Ord. 1986, 1994).
20.08.140 Dedication.
"Dedication" means the deliberate appropria-
tion of land by its owner for any general and public
use, reserving no other rights than such as are com-
patible with the full exercise and enjoyment of the.
public uses to which the property has been devoted.
(Ord. 1986, 1994).
20.08.150 Dedicatory statement.
"Dedicatory statement" means a statement or
representation on the final plat of those conditions
and restrictions required to appear on the face of
the final plat as a condition of plat approval. (Ord.
1986, 1994).
20.08.160 Division of land.
"Division of land" means any segregation not
otherwise exempt as provided for under the provi-
sions of this title which alters the shape, size or
legal description of any part of any owner's land.A
tax segregation does not constitute a division of
land for the purpose of meeting the requirements of
Chapter 58.17 RCW and this title. (Ord. 1986,
1994).
20.08.170 Engineering feasibility study.
"Engineering feasibility study" means a report
prepared by a licensed professional engineer qual-
ified by training to have expert engineering knowl-
edge of a particular subject. The report will identify
the capability of the land to withstand disturbance,
such as erosion, sedimentation, geological hazards,
or other aspects of the development. (Ord. 1986,
1994).
20.08.180 Final approval.
"Final approval" means the final official action
20.08.190
taken by the city on a proposed subdivision, or short
subdivision where all the conditions of preliminary
approval have been met. (Ord. 1986, 1994).
20.08.190 Final plat.
"Final plat" means the final permanent repro-
ducible drawing and dedication of the subdivision
required for.filing for record with the county audi-
tor and containing all elements and requirements
set forth in state law and in this title. (Ord. 1986,
1994).
20.08.200 Final short plat.
"Final short plat" means the final permanent
reproducible drawing and dedication of the short
subdivision required for filing for record with the
county auditor and containing all elements and
requirements set forth in state law and this title.
(Ord. 1986, 1994).
20.08.210 Hearing examiner.
"Hearing examiner" means the land use hearing
examiner for the city. (Ord. 1986, 1994).
20.08.220 Improvement.
"Improvement" means any structure or work
constructed including, but not limited to, buildings,
roads, storm drainage systems, sanitary sewage
facilities, water mains, pedestrian and landscaping
improvements. (Ord. 1986, 1994).
20.08.230 Lot.
"Lot" means a fractional part of divided lands
having fixed boundaries and being of sufficient
area and dimension to meet minimum zoning
requirements for width and area. The term shall
include tracts, parcels and sites. (Ord. 1986, 1994).
20.08.240 Nonresidential division of land.
"Nonresidential division of land" means the
subdividing of business, commercial and industrial
property done in accordance with the city's subdi-
vision or binding site plan ordinance. (Ord. 1986,
1994).
20.08.250 Owner.
"Owner" means any person or legal entity hav-
ing property vested as a fee owner, seller, pur-
chaser, mortgagor, beneficiary or any other, whose
interest controls the disposition of property. The
term owner shall not include any interest which is
acquired solely through the execution of an earnest
money agreement, or persons who are easement
beneficiaries. (Ord. 1986, 1994).
20-6
20.08.260 Panhandle lot.
"Panhandle lot" means a division of land where
the front and rear lots conforms to zoning code
requirements for lot dimensions and lot sizes
except for the panhandle. The panhandle is a nar-
row strip of land which does not, itself, meet the
full frontage or width requirements of a lot and will
be utilized principally for access purposes from an
improved public right-of-way. (Ord. 1986, 1994).
20.08.270 Person.
For the purpose of this title the term "person"
includes, but is not limited to, the following: indi-
viduals, corporations, associations and partner-
ships. (Ord. 1986, 1994).
20.08.280 Plat.
"Plat" means the map or representation of a sub-
division, showing thereon the division of a tract or
parcel of land into lots, blocks, streets and alleys or
other divisions and dedications. (Ord. 1986, 1994).
20.08.290 Preliminary approval.
"Preliminary approval" means an official action
on a proposed subdivision or short subdivision that
refers to placement of specific conditions which
must be complied with before final approval may
be granted. (Ord. 1986, 1994).
20.08.300 Preliminary plat or short plat.
"Preliminary plat" or "preliminary short plat"
means a neat and accurate drawing of a proposed
subdivision or short subdivision, showing the gen-
eral layout of streets, lots, blocks, existing and pro-
posed easements, and other elements consistent
with the requirements of this title. (Ord. 1986,
1994).
20.08.310 Pnblic improvements.
"Public improvements" include but arc not lim-
ited to streets, roads, storm drainage systems, sani-
tary sewage facilities, water mains pedestrian and
landscaping improvements which comply with
adopted city standards and are dedicated to the city
for public use. (Ord. 1986, 1994).
20.08.320 Redivision.
"Redivision" means the division of land in an
approved subdivision or short subdivision. (Ord.
1986, 1994).
20.08.330 Request for final approval.
"Request for final approval" means a request
made by the applicant for final approval of a divi-
sion of land, when the applicant has completed all
Marysville Municipal Code
the requirements of preliminary approval. (Ord.
1986, 1994).
20.08.340 Short plat.
"Short plat" means the map or representation of
a short subdivision, showing thereon the division
of land into lots, blocks, streets and alleys or other
divisions and dedications. (Ord. 1986, 1994).
20.08.350 Short subdivision.
"Short subdivision" means the division or redi-
vision of land into nine or fewer lots, tracts, par-
cels, sites or divisions for the purpose of sale, lease,
or transfer of ownership. (Ord. 1986, 1994).
20.08.360 Subdivision.
"Subdivision" means the division or redivision
ofland into 10 or more lots, tracts, parcels, sites or
divisions for the purpose of sale, lease or transfer
of ownership. (Ord. 1986, 1994).
20.08.370 Subdivision and short subdivision
certificate.
"Subdivision and short subdivision certificate,"
means a report by a title insurance company certi-
fying the title of lands as described and shown on
the subdivision or short subdivision plat is in the
name of the owners signing the final map or decla-
ration of ownership. (Ord. 1986, 1994).
20.08.380 Suitable guarantee.
"Suitable guarantee" means an acceptable guar-
antee to the city to insure perfonnance and/or war-
ranty of improvements. (Ord. 1986, 1994).
20.08.390 Zoning ordinance.
"Zoning ordinance" means city of Marysville
zoning code, MMC Title 19. (Ord. 1986, 1994).
20-7
20.12.010
Chapter 20.12
PRELIMINARY SUBDIVISION REVIEW
Sections:
20.12.010 Preapplication requirements.
20.12.020 Application -Submittal.
20.12.030 Review process -Reports by city
departments.
20.12.040 Review process -Staff report -
Requirements.
20.12.050 Review process -Staff report -
Hearing examiner's agenda.
20.12.060 Review process -Public hearing.
20.12.070 Public hearing -Hearing examiner
duty.
20.12.080 Public hearing -Elements considered.
20.12.090 Hearing examiner decision -
Requirements.
20.12.100 Hearing examiner decision -Records.
20.12.110 Approval of preliminary subdivision -
Effect.
20.12.120 Time limits.
20.12.010 Preapplication requirements.
(1) Preapplication Meeting. Prior to submittal
of a subdivision application for consideration by
the city, the applicant may request a preapplication
meeting with the city staff on the express condition,
that the city, its officers, employees shall be held
harmless and released from any claims fordainages
arising from discussions at said preapplication
meeting. The city shall provide written comments
to the applicant, and may discuss the general goals
and objectives of the proposal, the overall design·
possibilities, the general character of the site~ envi-
ronmental constraints and standards of develop-
ment. The focus of the meeting shall be general in
nature and none of the discussions shall be inter-
preted as a commitment by the city or applicant. No
statements or assurances made by city representa-·
tives shall in any way relieve the applicant of his or
her duty to submit an application consistent with all
relevant requirements of all pertinent city, state and
federal codes, laws, regulations and land use plans.
(2) Preliminary Drawing.
(a) The applicant shall provide an accurate
preliminary drawing to scale showing Jot layout,
existing and proposed building location, size, ac-
cess, utilities, open space, water sources, adjacent
land use and five foot contours. This drawing must
be provided before a preapplication meeting will be
scheduled. ·
20.12.020
(b) The applicant shall also provide a legal
description of the property, a vicinity map. (Ord.
1986, 1994 ).
20.12.020 Application -Submittal.
(1) Fees. The applicant shall pay the required
fees as set forth in the city's fee schedule or other
applicable resolutions or ordinances when submit-
ting the subdivision application.
(2) Application Documents. A subdivision ap-
plication shall consist of the following documents:
application form, legal description, vicinity map,
declaration of ownership form, proposed prelimi-
nary plat map, adjacent property owners form and
environmental checklist. The city shall provide the
above-stated forms and application instructions for
required documents, which shall be used by the ap-
plicant.
(3) Preliminary Plat Map. The proposed pre-
liminary plat map shall be submitted which con-
tains the following information:
(a) The name or title of the proposed subdi-
vision;
(b) The date, north arrow, and appropriate
engineering scale as approved by the planning
department (e.g., 1" = 20', 1" = 30', 111 = 40', 1 ti=
50', 1" = 60');
{ c) Boundary lines of tract, lot lines, lot
number, block number;
( d) Location and name of existing and pro-
posed streets and right-of-way;
(e) Drainage channels, water courses,
marshes, lakes and ponds;
(f) All significant wooded areas as charac-
terized by evergreen trees eight inches in diameter
or greater and/or deciduous trees 12 inches in
diameter or greater, measured four and one-half
feet above grade;
(g) Existing structures and setbacks;
(h) The location of existing driveways;
(i) All easements and uses;
(j) Existing and proposed utilities services;
(k) Fire hydrant location and distance;
(l) Five-foot contour lines;
{m) Preliminary street profile together with
a preliminary grading and storm drainage plan;
(n) A typical cross-section of the proposed
street improvements;
{o) Any regulated sensitive area such as
wetlands, steep slopes or wildlife habitat.
( 4) Additional Application Requirements. If the
city finds the presence of any of the following site
conditions, then the city may require the applicant
to provide additional information such as detailed
studies and site plans:
20-8
(a) Site has existing slopes exceeding 15
percent for more than 50 (running) feet;
(b) Site has a permanent drainage course or
wetlands;
( c) Conditions exist on the site or in the area
adjacent to the site which may contribute to or
cause erosion, drainage problems, surface slippage
or other geological hazards;
( d) Site has other unique physical features
or sensitive features;
(e) The subdivision will result in 10 or more
peak-hour vehicular trips onto public streets, or
sight distance/safety concern.
(5) Subdivisions Processed Simultaneously.
Unless an applicant for preliminary subdivision
approval requests otherwise, a preliminary plat
shall be processed simultaneously with any appli"
cation for rezones, variances, planned residential
development site plans, street vacations and simi-
lar quasi-judicial or administrative actions to the
extent that procedural requirements applicable to
these actions permit simultaneous processing.
(Ord. 1986, 1994).
20.12.030 Review process -Reports by city
departments.
(I) If the application meets all the requirements
specified in MMC 20.12.020 then the application
shall be deemed complete and the planning depart-
ment shall circulate copies of the preliminary sub-
division application to relevant city departments
and affected agencies. 'The department or agency
shall review the preliminary subdivision and fur-
nish the planning department with a report as to the
effect the proposed subdivision may have upon
their area of responsibility and expertise. The
reports submitted shall include recommendations
as to the extent and types of improvements to be
provided.
(2) Once the city receives a complete applica-
tion for a subdivision which is located adjacent to
state highway right-of-way, the city shall give writ-
ten notice of the application, including legal
description and location map, to the Department of
Transportation. The state shall comment, within 14
calendar days of receiving the notice, regarding the
effect the subdivision may have relevant to access
to state highway. (Ord. 1986, 1994).
20.12.040 Review process -Staff report -
Requirements.
The planning department shall prepare a written
recommendation for the hearing examiner for
approval or disapproval of the preliminary subdivi-
sion which shall be entitled "staff report," and
Marysville Municipal Code
which shall include the reports and recommenda-
tions of the city departments and of other consulted
government agencies. This report shall be prepared
at least seven calendar days prior to the public
hearing. (Ord. 1986, 1994).
20.12.050 Review process -Staff report -
Hearing examiner's agenda.
The application for the preliminary subdivision
along with the staff report shall be placed on the
hearing examiner's agenda. (Ord. 1986, I 994).
20.12.060 Review process -Public hearing.
Notice of the public hearing shall conform to the
following:
(1) Notice shall be published not less than I 0
calendar days prior to the public hearing in a news-
paper of general circulation within the city.
(2) Adjacent property owners, as defined in this
title, located within 300 feet of any portion of the
boundary of the property to be subdivided as iden-
tified on the property owners form, shall be noti-
fied by mail not Jess than 15 calendar days prior to
the public hearing.
(3) The applicant shall post the property with a
sign at least 10 calendar days prior to the public
hearing. This sign shall be organized, designed and
placed as defined by the city's planning depart-
ment. All signs described herein are exempt from
the city's zoning and sign codes. All signs required
to be posted shall remain in place until the final
decision has been reached on the preliminary sub-
division. Following that decision, the applicant
must remove the sign within 14 calendar days.
(Ord. 1986, 1994).
20.12.070 Public hearing -Hearing examiner
duty.
After notice of the public hearing has been given
per MMC 20.12.060 the hearing examiner will
consider the proposed subdivision and its compli-
ance with MMC 20.12.080. (Ord. 1986, 1994).
20.12.080 Public hearing-Elements
considered.
The following shall provide a basis for approval
or disapproval of a proposed subdivision:
(1) Public Use and Interest. Evaluation of the
proposed subdivision to determine whether the
public use and interest are served by permitting the
proposed subdivision;
(2) Public Health, Safety and General Welfare.
Evaluation of the proposed subdivision to deter-
mine whether the public health, safety and general
welfare has been served;
20-9
20.12.090
(3) Comprehensive Plan. Evaluation of allele-
ments of the comprehensive plan and its consis-
tency with the proposed subdivision;
( 4) Existing Zoning. E val nation of existing
zoning and its compliance with the proposed sub-
division and Chapter 20.24 MMC;
(5) Natural Environment. Evaluation of the
impacts and provision for mitigation of all impacts
on all elements of the natural environment includ-
ing topography, vegetation, soils, geology and all
environmental issues as defined in the State Envi-
ronmental Policy Act, Chapter 197-11 WAC and
Chapter 20.24 lv!MC;
( 6) Drainage. Evaluation of all drainage
impacts and provisions made for mitigation of all
drainage impacts as defined in the city's drainage
codes and Chapter 20.24 MMC;
(7) Open Space. Evaluation of all impacts and
provision for open space as defined in Chapter
20.24MMC;
(8) Public Systems Capacity. Evaluation of all
impacts and provisions made for mitigation of
impacts on public systems including parks,
schools, and community facilities as defined in
Chapter 20.24 MMC;
(9) Public Services. Evaluation of all impacts
and provisions made for mitigation of impacts on
public services including streets, all public utilities,
fire and police protection as defined in Chapter ·
20.24MMC;
(10) Floodplain. Identification of subdivisions
proposed in the floodplain and compliance with
requirements of this title and Ordinance No. 1339
as amended, codified in Chapter 16.32 MMC.
(Ord. 1986, 1994).
20.12.090 Hearing exanliner decision -
Requirements.
(1) If the hearing examiner finds that appropri-
ate provisions have been made according to MMC
20.12.080, then the hearing examiner may recom-
mend that the subdivision be approved. If the hear-
ing examiner finds that the subdivision does not
conform with the provisions of MMC 20.12.080,
and the public use and interest will not be served,
then the hearing examiner may recommend disap-
proval or return the application to the applicant for
modification and conditions for approval.
(2) Each recommendation of the hearing exam-
iner shall be in writing and shall include findings
and conclusions based on the record to support the
decision. Each recommendation of the hearing
examiner shall be rendered within 15 calendar days
following conclusion of all testimony and hearings,
20.12.100 •
unless a longer period is mutually agreed to by the
applicant and the hearing examiner.
(3) The decision made by the hearing examiner
shall be given the effect of a recommendation to
the city council pursuant to MMC2.70.130. If the
decision is appealed, the appeal shall stay the run-
ning of the 90-day time period defined in MMC
20.12.120(1). (Ord. 1986, 1994).
20.12.100 Hearing examiner decision -
Records.
All records of the hearing examiner's decision
concerning a preliminary subdivision shall be open
to public inspection at the planning department
offices. (Ord. 1986, 1994).
20.12.110 Approval of preliminary subdivision
-Effect.
Approval of the preliminary subdivision shall
constitute authorization for the applicant to
develop the subdivision facilities and improve-
ments as required in the approved preliminary sub-
division. Development shall be in strict accordance
with the plans and specifications as approved by
the public works department and shall be subject to
any conditions imposed by the hearing examiner
and city council. {Ord. 1986, 1994).
20.12.120 Time limits.
(1) Approval Within 90 Days. Preliminary sub-
divisions shall be approved, disapproved or re-
turned to the applicant for modification or
correction within 90 calendar days from the date of
filing a complete application unless the applicant
agrees to an extension of the time period in writing;
provided, should an environmental impact state-
ment be required per RCW 43.21C.030, the 90-day
period shall not include the time spent in preparing
and circulating the EIS statement.
(2) Additional Information Required. In the
event additional information is required as set forth
in MMC 20.12.020( 4), the 90-day time period shall
not commence to run until the additional informa-
tion has been provided to the city.
(3) A subdivision application shall not be
deemed "filed" until all of the application require-
ments of this title have been met at which time the
city shall indicate by sending a letter to the appli-
cant within 21 calendar days from receipt of the
application.
(4) Limitations on Approval. Final subdivision
approval must be acquired within three years of
preliminary approval, after which time the prelim-
inary subdivision approval is void. The three-year
time frame shall commence from the effective date
20-10
of the ordinance or resolution approving the subdi-
vision. An extension may be granted by the city
council for one year if the applicant has attempted
in good faith to submit the final plat within the
three-year time period; provided, however, the
applicant must file a written request with the city
council requesting the extension at least 30 days
before expiration of the three-year period. (Ord ..
1986, 1994).
Marysville Municipal Code
Chapter 20.16
FINAL SUBDIVISION REVIEW
Sections:
20.16.010 Compliance with preliminary approval
required.
20.16.020 Plat map -Requirements.
20.16.030 Dedications.
20.16.040 Acknowledgments and certifications.
20.16.050 Documents required-Subdivision title
report.
20.16.060 Documents required-Restrictions and
covenants.
20.16.070 Documents required Survey.
20.16.080 Review process-Action by city staff.
20.16.090 Review process-Action by city
council.
20.16.100 Time limits for action.
20.16.110 Filing original plat and copies.
20.16.120 Valid land use-Governed by terms of
final approval.
20.16.010 Compliance with preliminary
approval required.
Prior to the submittal of any preliminary subdi-
vision to the city for rmal approval, the applicant
must demonstrate compliance with all of the condi-
tions of the preliminary approval and prepare all
the necessary final documents. (Ord. 1986, 1994).
20.16.020 Plat map -Requirements.
The final plat shall be drawn on mylar drafting
film having dimensions of 18 inches by 24 inches
with a two-inch border on the left edge and one-
half inch borders on the other edges. Information
required shall include, but not be limited to:
(1) The name of the subdivision;
(2) Legal description of the entire parcel to be
subdivided;
(3) The date, north arrow, and appropriate engi-
neering scale as approved by the planning depart-
ment (e.g., 1" = 20-, l" = 30', 1" =40', 1" = 50', 1"
=60');
( 4) Boundary lines, right-of-way for streets,
easements, and property Iine5 of lots and other sites
with accurate bearings, dimensions or angles and
arcs, and of all curve data;
(5) Names and right-of-way widths of all
streets within the subdivision and immediately
adjacent to the subdivision. Street names shall be
consistent with the names of existing adjacent
streets;
(6) Number of each lot consecutively;
20-11
20.16.030
(7) Reference to covenants and special plat
restrictions either to be filed separately or on the
face of the plat:
(8) Zoning setback Jines, building sites when
required by city;
(9) Location, dimensions and purpose of any
easements, noting if the easements are private or
public;
(IO) Location and description of monuments
and all lot corners set and found;
(11) Primary control points, and datum eleva-
tions if applicable, approved by the public works
department. Descriptions and ties to all control
points will be shown with dimensions, angles and
bearings;
(12) Existing structures, all setbacks, and all
encroachments. (Ord. 1986, 1994).
20.16.030 Dedications.
(1) All streets, highways and parcels of land
shown on the final plat and intended for public use
shall be offered for dedication for public use,
except where the provisions of this title provide
otherwise.
(2) Streets, or portions of streets, may be
required to be set aside by the city for future dedi-
cation where the immediate opening and improve-
ment is not required, but where it is necessary to
ensure that the city can later accept dedication
when the streets become needed for future devel-
opment of the area or adjacent areas.
(3) Easements being dedicated shall be indi-
cated on the face of the plat as follows: an easement
shall be reserved for and granted to all utilities serv-
. ing the subject plat and their respective successors
and assigns, under and upon the exterior 10 feet
parallel with and adjoining the street frontage of all
lots in which to install, lay, construct, renew, oper-
ate and maintain underground conduits, cables,
pipe and wires with necessary facilities and other
equipment for the purpose of serving this subdivi-
sion and other property with electric, telephone and
utility service together with the right to enter upon
the lots at all times for the purposes herein stated.
Drainage easements designated on the plat are
hereby reserved for and granted to the city of
Marysville, except those designated on the plat as
private easements, together with the rightofingress
and egress and the right to excavate, construct,
operate, maintain, repair and/or rebuild an enclosed
or open-channel storm water conveyance system
and/or other drainage facilities, under, upon or
through the drainage easement. (Ord. 1986, 1994).
20.16.040
20.16.040 Acknowledgments and
certifications.
Acknowledgments and certificates required by
this title shall be in language substantially similar
to that indicated in the following subsections:
(1) Dedications. The intention of the owner
shall be evidenced by his presentation for filing of
a final plat clearly showing the dedication thereof
and bearing the following certificate signed by all
real parties of interest:
Know all men by these presents that
.,--~-.,-the undersigned owner(s), in
fee simple of the land hereby platted, and
____ , the mortgage thereof, hereby
declare this plat and dedicate to the use of
the public forever all streets, avenues,
places and sewer easements or whatever
public property there is shown on the plat
and the use for any and all public purposes
not inconsistent with the use thereof for
public highway purposes. Also, the right lo
make all necessary slopes for cuts and fills
upon lots, blocks, tracts, etc. shown on this
plat in the reasonable original grading of all .
the streets, avenues, places, etc. shown
hereon. Also, the right to drain all streets
over and across any lot or lots where water
might take a natural course after the street
or streets are graded. Also, all claims for
damage against any governmental author·
ity are waived which may be occasioned to
the adjacent land by the established con-
struction, drainage, and maintenance of
said roads.
Following original reasonable grading of
the roads and ways hereon, no drainage
waters on any lot or lots shall be diverted
or blocked from their natural course so as
to discharge upon any public road rights-
ol-way to hamper proper road drainage.
The owner of any lot or lots, prior to mak-
ing any alteration in the drainage system .
after the recording of the plat, must make
application to and receive approval from
the director of the department of public
works for said alteration. Any enclosing of
drainage waters in culverts or drains or re-
routing thereof across any Joi as may be
undertaken by or for the owner of any lot
shall be done by and at the expense of
such owner. IN WITNESS WHEREOF we
set our hands and seals this __ day of
.. _.19_.
In the event that a waiver of right of direct
access is included, then the certificate shall contain
substantially the following additional language:
20.12
That said dedication to the public shall in
no way be construed to permit a right of di-
rect access to street from lots numbered
nor shall the city of Marysville or any other
local governmental agency ever be re-
quired to grant a permit to build or con· · ·
struct an access of approach to said street
from said Jots.
(2) Acknowledgment.
STATE OF WASHINGTON)
SS.
COUNTY OF SNOHOMISH)
This is to certify that on this _ day of
__ , 19_, before me, the undersigned, a
notary public, personally appeared
___ , to me known to be the person(s)
who executed the foregoing dedication
and acknowledgment to me that signed
the same as. free and voluntary act ·
and deed for the uses and purposes there-
in mentioned.
Witness my hand and official seal the day
and year first above-written.
(Seal)
NOTARY PUBLIC in and for
the State of Washington,
residing at
(3) Restrictions. The following restrictions
shall show on the face of the final plat: ·
(a) "No further subdivision of any lot with-
out resubmitting for formal plat procedure."
(b) "The sale or lease of less than a whole
lot in any subdivision platted and filed under Title
20 of the Marysville Municipal Code is expressly
prohibited except in compliance with Title 20 of
the Marysville Municipal Code."
(c) The following shall be required when the
plat contains a private road:
The cost of construction and maintaining
all roads not herein dedicated as public
roads shall be the obligation of all of the
.owners and the obligation to maintain shall
be concurrently the obligation of any cor·
poration in which title of the roads and
streets may be held. In the event that the
owners of any lots seived by the roads or
streets of this plat shall petition the council
to include these roads or streets in the pub-
lic road system, the petitioners shall be ob-
ligated to bring the same to city road
Marysville Municipal Code
standards applicable at the time of petition
in all respects, Including dedication of
rights-of-way, prior to acceptance by the
city.
(d) "All landscaped areas in public rights-
of-way shall be maintained by the developer and
his successor(s) and may be reduced or eliminated
if deemed necessary for or detrimental to city road
purposes." .
( e) "The location and height of all fences
and other obstructions within an easement as dedi-
cated on this plat shall be subject to the approval of
the Director of Public Works or his designee."
(4) Approvals.
{a) "Examined and approved this __ day
of __ , 19_.
Public Works Director, City of Marysville"
(b) "Examined and approved this __ _
day of __ , 19_.
Planning Director, City of Marysville"
( c) "Examined, found to be in conformity
with applicable zoning and other laud use controls,
and approved this day of __ , 19_.
Mayor Attest: City Clerk"
(5) Certificates.
(a) "I hereby certify that the plat of __ is
based upon an actual survey and subdivision of
Section Township North, Range _
EWM as required by the state statutes; that the dis-
tances, courses and angles are shown thereon cor-
rectly; that the monuments shall be set and lot and
block corners shall be staked correctly on the
ground, that I fully complied with the provisions of
the state and local statutes and regulations govern-
ing platting.
Licensed Land Surveyor (Seal)"
(b) "I hereby certify that all state and county.
ta,xes heretofore levied against the property
described herein, according to the books and
records of my office, have been fully paid and dis-
charged, including __ taxes.
Treasurer, Snohomish County"
(c) "Filed for record at the request of __
this __ day of __ , 19_, at __ minutes past
_m, and recorded in Vol. -···-of Plats, page .
records of Snohomish County Washington. __ ,
Auditor, Snohomish County"
(Ord. 1986, 1994).
20-13
20.16.080
20.16.050 Documents required -Subdivision
title report.
All final subdivision applications shall be
accompanied by a title company certification cur-
rent to within 30 days from filing of final plat; pro-
. vided, however, the applicant shall be responsible
for updating the title report to ensure that it is cur-
rent as of the time of final plat review. This report
must confirm that the title of the lands as described
and shown on the subdivision plat is in the name of
the owners signing the plat map. (Ord. 1986, 1994 ).
20.16.060 Documents required-Restrictions
and covenants.
The applicant shall submit copies of restrictions
and covenants, if any, proposed to be imposed
upon the use of the land. Such restrictions and cov-
enants, if not on the face of the plat must be
recorded prior to or simultaneously with the subdi-
vision. (Ord. 1986, 1994).
20.16.070 Documents required -Survey.
The final plat must be accompanied by a com-
plete survey in accordance with MMC 20.24.270.
(Ord. 1986, 1994).
20.16.080 Review process -Action by city staff.
(1) Applicants for final subdivision approval
shall file their final plats meeting all the require-
ments of Chapter 58.17 RCW and this title with the
city's planning department. The planning depart-
ment shall review the final plat and circulate it to
other city departments to detennine whether the
requirements of this title have been met.
(2) The planning director and city engineer
shall detennine whether requirements of this title
have been met. If the requirements have been met,
they shall certify that the proposed final plat meets
the requirements of Chapter 58.17 RCW and this
title, and forward a complete copy of the proposed
plat to city council.
(3) If either the planning director or the city
engineer determine that the requirements of this
title have not been met, the final plat shall be
returned .to the applicant for modification, correc-·
tion or other action as may be required for
approval; provided, that the final plat shall be for-
warded to the city council together with the deter-
minations of the planning director and the city
engineer, upon written request of the applicant.
(4) Pursuant to the requirements of RCW
58.17.150, neither the planning director nor the
city engineer shall modify the requirements made
in the hearing examiner approval of the prelimi-
nary plat when making recommendations on the
20.16.090
final plat without the consent of the applicant,
except as provided in Chapter 58.17 RCW. (Ord.
1986, 1994).
20.16.090 Review process -Action by city
council.
(1) For the purposes to ensure all conditions
have been met, the city council shall detennine, at
a public meeting, whether the subdivision pro-
posed for final subdivision approval conforms to
all terms of preliminary approval, and whether the
subdivision meets the requirements of this title,·
applicable state laws and all other local ordinances
adopted by the city which were in effect at the time
of preliminary approval.
(2) If the conditions have been met, the city
council shall authorize the mayor to inscribe and
execute their written approval on the face of the
plat map. If the city council disapproves the plat, it
will be returned to the applicant with reasons for
denial and conditions for compliance. (Ord. 1986,
1994).
20.16.100 Time limits for action.
Final subdivisions shall be approved, disap-
proved or returned to the applicant within 30 calen-
dar days from date of filing the final subdivision for
approval by the city council, unless the applicant
consents to an extension of such time period in
writing. The 30-day time period shall not com-
mence to run until the applicant files with the city
all required final subdivision documents completed
to the satisfaction of the city. (Ord. 1986, 1994). ·
20.16.110 Filing original plat and copies.
When the city council fmds that the subdivision
proposed for final approval has met all the condi-
tions offinal approval, then the applicant shall give
the original plat of said fmal subdivision for
recording to the Snohomish County auditor. The
applicant will also furnish the city with one repro-
ducible mylar copy of the recorded plat and one
blue line copy. (Ord. 1986, 1994).
20.16.120 Valid land use -Governed by terms
of final approval.
As required by RCW 58.17.170, a subdivision
shall be governed by the terms of the approval of
the final plat, and any lots created thereunder shall
be a valid land use notwithstanding any change in
zoning laws for a period of no less than five years
from date of filing, unless the city council finds that
a change in conditions in subdivision creates a seri-
ous threat to the public health or safety. (Ord. 1986,
1994).
20-14
Chapter 20.20
SHORT SUBDIVISION REVIEW
Sections:
20.20.010 Applicability -Lot number
requirement.
20.20.020 Preapplication requirements.
20.20.030 Application submittal.
20.20.040 Review process -City department
action -State action.
20.20.050 Review process State Environmental
Policy Act.
20.20.060 Review process -Elements
considered.
20.20.070 Review process -Decision by city.
20.20.080 Time limits for action.
20.20.090 Final submittal Preliminary approval
compliance.
20.20.100 Final submittal -Short plat.
20.20.110 Final submittal -Vicinity map.
20.20.120 Final submittal -Restrictions and
covenants.
20.20.130 Final submittal -Short subdivision
title report.
20.20.140 Final submittal -Legal descriptions.
20.20.150 Final submittal -Declaration of
ownership.
20.20.160 Final submittal -Contiguous parcel
owners.
20.20.170 Final submittal -Survey.
20.20.180 Final approval -Procedure.
20.20.190 Recording requirement.
20.20.200 Resubdivision restrictions.
20.20.010 Applicability-Lot number
requirement.
Every division or redivision ofland into nine or
fewer lots, tracts, parcels, sites or divisions for the
purpose of sale, lease or transfer of ownership shall
proceed in compliance with the provisions of this
chapter. (Ord. 1986, 1994).
20.20.020 Preapplication requirements.
(1) Preapplication Meeting. Prior to submittal
of a short subdivision application for consideration
by the city, the applicant may request a preapplica-
tion meeting with the city staff on the express con-
ditions that the city, its officers, employees, shall
be held harmless and released from any claims for
damages arising from discussions at said preappli-
cation meeting. The city shall provide written com-
ments to the applicant, and may discuss the general
goals and objectives of the proposal, the overall
design possibilities, the general character of the
Marysville Municipal Code
site, including environmental constraints, and
development. The focus of the meeting shall be
general in nature and none of the discussions shall
be interpreted as a commitment by the city or appli-
cant. No statements or assurances made by city
representatives shall in any way relieve the appli-
cant of his or her duty to submit an application con-
sistent with all relevant requirements of all
pertinent city, state and federal codes, laws, regula-
tions and land use plans.
(2) Preliminary Drawing.
(a) The applicant shall provide an accurate
drawing showing proposed lot layout, existing
building location, size, access, utilities location,
open space and adjacent land use. This drawing
must be provided to the city before a preapplication
meeting may be scheduled.
(b) The applicant shall also provide a legal
description of the property and a vicinity map.
(Ord. 1986, 1994).
20.20.030 Application submittal.
(1) Fees. The applicant shall pay the required
fees when submitting the short subdivision appli-
cation.
(2) Application Documents. A short subdivi-
sion application shall consist of the following doc-
uments: application form, legal description form,
declaration of ownership form, vicinity maps, pro-
posed plat map, adjacent property owners form and
environmental checklist. The city shall provide the
above stated forms and application instructions for
required documents, in which event they shall be
used by the applicant.
(3) Preliminary Short Plat Map. The proposed
preliminary short plat map shall be submitted
which contains the following information:
(a) The name or title of the proposed short
subdivision;
(b) The date, north arrow and appropriate
engineering scale as approved by the planning
department (e.g., l" = 20', 1" = 30', 1" = 40', 1" =
50', l" = 60');
( c) Boundary lines of tract, lot lines, Jot
number, block number;
( d) Location and name of existing and pro-
posed streets and right-of-way;
( e) Drainage channels, water _ courses,
marshes, lakes and ponds;
(f) All significant wooded areas as charac-
terized by evergreen trees eight inches in diameter
or greater and/or deciduous trees 12 inches in
diameter or greater, measured four and one-half
feet above grade;
(g) Existing structures and setbacks;
20-15
20.20.040
(h) The location of existing driveways;
(i) All easements and uses;
Q) Existing and proposed utilities services;
(k) Fire hydrant location and distance;
(I) Five-foot contour lines;
(m) Preliminary street profile together with
a preliminary grading and storm drainage plan;
(n) A typical cross-section of the proposed
street improvements;
(o) Any regulated sensitive area such as
wetlands, steep slopes or wildlife habitat.
(4) Additional Application Requirements. If the
city finds the presence of any of the following site
conditions, then the city may require the applicant
to provide additional information such as detailed
studies and site plans.
(a) Site has existing slopes exceeding 15
percent for more than 50 (running) feet;
(b) Site has permanent drainage course or
wetlands;
( c) Conditions exist on the site or in the area
adjacent to the site which may contribute to or
cause erosion, drainage problems, surface slippage
or other geological hazards;
(d) Site has other unique physical features
or sensitive features;
(e) The subdivision will result in 10 or more
peak-hour vehicular trips onto public streets, or
sight distance/safety concern.
(5) Subdivisions Processed Simultaneously.
Unless an applicant for preliminary short subdivi-
sion approval requests otherwise, a preliminary
short plat shall be processed simultaneously with
any application for rezones, variances, planned res-
idential development site plans, street vacations
and similar quasi-judicial or administrative actions
to the extent that procedural requirements applica-
ble to these actions permit simultaneous process-
ing. (Ord. 1986, 1994).
20.20.040 Review process -City department .
action -State action.
(I) If the preliminary short subdivision applica-
tion meets all the requirements specified in MMC
20.20.030 then the application shall be deemed
complete and, the planning department shall circu-
late copies of the short subdivision application to
relevant city departments who shall review the
short subdivision and furnish the planning depart-
ment with a report as to the effect of the proposed
short subdivision upon the public health, safety and
general welfare, and containing their recommenda-
tions as to the approval of the short subdivision.
The report submitted shall include recommenda-
20.20.050
tions as to the extent and types of improvements to
be provided.
(2) The applicant shall post the property with
notice signage upon official acceptance of the
application. This sign shall be supplied, organized,
designed and placed as defined by the city's plan-
ning department. All signs described herein are
exempt from the city's zoning and sign codes. All
signs required to be posted shall remain in place
until the final decision has been reached on the pre-
liminary short subdivision. Following that deci-
sion, the applicant must remove the sign within 14
calendar days.
(3) The city shall send notice to adjacent prop-
erty owners within 300 feet of any portion of the
subject property. Notice is deemed sent once
placed in the mail.
(4) Any individual shall have 14 working days
from the date of mailing in which to submit written
comments to the planning department concerning
the proposed short subdivision.
(5) Once the city receives a complete applica-
tion for a short subdivision which is located adja-
cent to state highway right-of-way, the city shall ·
give written notice of the application, including le-
gal description and location map, to the Department
of Transportation. The state shall comment, within
14 calendar days of receiving the notice, regarding
the effect the short subdivision may have relevant
to access to state highway. (Ord. 1986, 1994).
20.20.050 Review process -State
Environmental Policy Act.
SEPA review is required. If specific uses are not
known at the time of application, worst case
impacts will be used. (Ord. 1986, 1994).
20.20.060 Review process -Elements
considered.
The following shall provide a basis for approval
or disapproval of proposed short subdivision:
(1) Public Use and Interest. Evaluation of the
proposed short subdivision to detennine whether
the public use and interest are served;
(2) Public Health, Safety and General Welfare.
Evaluation of the proposed subdivision to deter-
mine whether the public health, safety and general
welfare has been served and that the subdivision is
consistent with the requirements of RCW
58.17.110;
(3) Comprehensive Plan. Evaluation of all ele-
ments of the comprehensive plan and its consis-
tency with the proposed short subdivision;
20-16
(4) Existing Zoning. Evaluation of existing
zoning and its compliance with the proposed short
subdivision and Chapter 20.24 MMC;
(5) Natural Environment. Evaluation of the
impacts and provision for mitigation of all impacts
on all elements of the natural environment includ-
ing topography, vegetation, soils, geology and all
environmental issues as defined in the state Envi-
ronmental Policy Act, Chapter 197-1 I WAC and
Chapter 20.24 MMC;
(6) Drainage. Evaluation of all drainage
impacts and provisions made for mitigation of all
drainage impacts as defined in the city's compre-
hensive drainage ordinance and Chapter 20.24
MMC;
(7) Open Space. Evaluation of all impacts and
provision for open space as defined in Chapter
20.24MMC;
(8) Public Systems Capacity. Evaluation of all
impacts and provisions made for mitigation of
impacts on public systems including parks, schools
and community facilities as defined in Chapter
20.24MMC;
(9) Public Services. Evaluation of all impacts
and provisions made for mitigation of impacts on
public services including streets, all public utilities,
fire and police protection as defined in Chapter
20.24MMC;
(10) Floodplain. Identification of short subdivi-
sions proposed in the floodplain and compliance
with requirements of this title and Ordinance No.
1339 as amended, codified in Chapter 16.32 MMC;
(11) Sidewalks. Pursuant to RCW 58.17.060
(2) the applicant shall be required to show that
sidewalks are provided to assure safe walking con-
ditions for students who walk to and from school.
(Ord. 1986, 1994).
20.20.070 Review process -Decision by city.
(I) If the city engineer and planning director
find that appropriate provisions have been made
according to MMC 20.20.060, then the short sub-
division may be granted preliminary approval. If
the city engineer and planning director find that the
short subdivision does not make the appropriate
provision for MMC 20.20.060, the city may disap-
prove or return it to the applicant for modification
and conditions for approval.
(2) The preliminary short subdivision decision
shall be in writing and shall include findings of fact
and conclusions.
(3) Approval of the preliminary short subdivi-
sion by the planning director and city engineer
shall constitute authorization for the applicant to
develop the short subdivision facilities and
Marysville Municipal Code
improvements as required in the approved prelim-
inary short subdivision. (Ord. 1986, i994).
20.20.080 Time limits for action.
(1) Approval Within 60 Calendar Days. Prelim-
inary short subdivisions shall be approved, disap-
proved or returned to the applicant within 60
calendar days from the date of filing a complete
application, unless the applicant consents to a writ-
ten extension of such time period; provided, that if
an environmental impact statement is required as
provided in RCW 43.21.C.030, the time period
shall not include the time spent preparing and cir-
culating the EIS.
(2) Limitation on Approval.
(a) Where there are no required public
improvements, final short subdivision approval
must be obtained within one year of the city's pre-
liminary approval, after which time the prelimi-
nary short subdivision approval is void.
(b) Where there are required public
improvements, final short subdivision approval
must be obtained within three years of the city's
preliminary approval, after which time the prelim-
inary short subdivision approval is void, provided
that an applicant who files a written request with
the planning director at least 30 days before the
expiration of this three-year period may be granted
a one-year extension upon a showing that the appli-
cant has attempted in good faith to submit the final
short plat within the three-year period.
(3) A short subdivision application shall not be
deemed filed until all of the application require-
ments of this title have been met at which time the
city shall indicate by sending a letter to the appli-
cant within 21 calendar days from receipt of the
application.
(4) Records. All records of the proceedings
concerning the preliminary short subdivision shall
be kept in the planning department. (Ord. 1986,
1994).
20.20.090 Final submittal -Preliminary
approval compliance.
Prior to the submittal of any final short subdivi-
sion to the city for final approval, the applicant
must demonstrate compliance with the conditions
of the preliminary approval and prepare and com-
plete to the satisfaction of the city all of the final
documents. (Ord. 1986, 1994 ).
20.20.100 Final submittal -Short plat.
The final short plat drawings shall be on mylar
drafting film having the dimensions of 18 by 24
inches. Information required shall include:
20-17
20.20.100
( l) The date, north arrow, and appropriate engi-
neering scale as approved by the planning depart-
ment (e.g,, l U = 20', 1Tl::30', I If= 40', 1I!=501
, 1 ti
= 60');
(2) Boundary lines, right-of-way for streets,
easements, and property lines of lots and other sites
with accurate bearings, dimensions or angles and
arcs, and of all curve data;
(3) Names and right-of-way widths of all
streets within the short subdivision and immedi-
ately adjacent to the subdivision. Street names will
be consistent with the names of existing adjacent
streets;
(4) Number of each lot consecutively;
(5) Reference to private covenants or special
plat restrictions either to be filed separately or on
the face of the plat;
(6) Zoning setback lines, building sites when
required by the city;
(7) Existing structures, all setbacks, and all
encroachments;
(8) Location, dimensions and pmpose of any
easements;
(9) Location and description of monuments and
lot comers set and found;
(10) Primary control points, and datum eleva-
tions if applicable, approved by the public works
department. Descriptions and ties to all control
points will be shown with dimensions, angles and
bearings;
(11) The final short plat will also contain the fol-
lowing:
(a) Dedications. The intention of the owner
shall be evidenced by his presentation for filing of
a final short plat clearly showing the dedication
thereof and bearing the following certificate signed
by all real parties of interest:
Know all men by these presents that
___ the undersigned owner(s). in fee
simple of the land hereby platted, and
___ , the mortgage thereof, hereby
declare this short plat and dedicate to the
use of the public forever all streets, ave-
nues, places and sewer easements or
whatever public property there is shown on
the short plat and the use for any and all
public purposes not inconsistent with the
use thereof for public highway purposes.
Also, the right to make all necessary
slopes for cuts and fills upon lots, blocks,
tracts, etc. shown on this short plat in the
reasonable original grading of all the
streets, avenues, places, etc. shown here-
on. Also, the right to drain all streets over
and across any lot or lots where water
20.20.100
might take a natural course after the street
or streets are graded. Also, a!! claims for
damage against any governmental author-
ity are waived which may be occasioned to
the adjacent land by the established con-
struction, drainage, and maintenance .of
said roads.
Following original reasonable grading of
the roads and ways hereon, no drainage
waters on any lot or lots shall be diverted
or blocked from their natural course so as
to discharge upon any public road rights·
of-way to hamper proper road drainage.
The owner of any lot or lots, prior to making
any alteration in the drainage system after
the recording of the short plat, must make
application to and receive approval from
the director of the department of public
works for said alteration. Any enclosing of
drainage waters in culverts or drains or re-
routing thereof across any lot as may be
undertaken by or for the owner of any lot
shall be done by and at the expense of
such owner.
IN WITNESS WHEREOF we set our
hands and seals this __ day of __ ,
19_.
In the event that a waiver of right of direct
access is included, then the certificate shall contain
substantially the following additional language:
Thal said dedication to the public shall in
no way be construed to permit a right of di·
reel access to street from lots
numbered __ nor shall the city of Marys-
ville or any other local governmental agen-
cy ever be required to grant a permit to
build or construct an access of approach to
said street from said lots.
(b) Acknowledgment.
STATE OF WASHINGTON)
ss.
COUNTY OF SNOHOMISH)
This is to certify that on this __ day of
__ , 19_, before me, the undersigned, a
notary public, personally appeared __ ,
to me known to be the person(s) who exe·
outed the foregoing dedication and ac-
knowledgment to me that __ signed
the same as ·--free and voluntary act
and deed for the uses and purposes there·
in mentioned.
20-18
Witness my hand and official seal the day
and year first above-written.
(Seal)
NOTARY PUBLIC in and for
the State of Washington,
residing at __ _
(c) Restrictions. The following restrictions
shall show on the face of the final short plat:
(i) "No further subdivision of any lot
without resubmitting for formal plat or revised
short plat consistent with Title 20 of the Marysville
Municipal Code."
(ii) "The sale or lease of Jess than a
whole lot in any subdivision platted and filed under
Title 20 of the Marysville Municipal Code is
expressly prohibited except in compliance with
Title 20 of the Marysville Municipal Code."
(iii) The following shall be required
when the short plat contains a private road:
The cost of construction and maintaining
all roads not herein dedicated as public
roads shall be the obligation of all of the
owners and the obligation to maintain shall
be concurrently the obligation of any cor-
poration in which title of the roads and
streets may be held. In the event that the
owners of any lots served by the roads or
streets of this short plat shall petition the
council to include these roads or streets in
the public road system, the petitioners
shall be obligated to bring the same to city
road standards applicable at the time of
petition In all respects, including dedication
of rights-of-way, prior to acceptance by the
city.
(iv) "All landscaped areas in public
rights-of-way shall be maintained by the developer
and his successor(s) and may be reduced or elimi-
nated if deemed necessary for or detrimental to city
road puiposes."
(v) "The location and height of all fences
and other obstructions within an easement as dedi-
cated on this plat shall be subject to the approval of
the Director of Public Works or his designee."
(d) Approvals.
(i) "Examined and approved this __
day of __ , 19_.
Public Works Director, City of Marys-
ville"
(ii) "Examined and approved this __
day of __ , 19_.
.
\
Marysville Municipal Code
Planning Director, City of Marysville"
( e) Certificates.
(i) "I hereby certify that the short plat of
__ is based upon an actual survey and subdivi·
sion of Section _, Township_ North, Range
EWM as required by the state statutes; that the
distances, courses and angles are shown thereon
correctly; that the monuments shall be set and lot
and block comers shall be staked correctly on the
ground, that I fully complied with the provisions of
the state and local statutes and regulations govern-
ing platting.
Licensed Land Surveyor
(Seal)"
(ii) "I hereby certify that all state and
county taxes heretofore levied against the property
described herein, according to the books and
records of my office, have been fully paid and dis·
charged, including __ taxes. ·
Treasurer, Snohomish County"
(iii) "Filed for record at the request of
this __ day of_, 19_, at_ minutes
past _m, and recorded in Vol._ of Plats, page_,
records of Snohomish County, Washington.
Auditor, Snohomish County"
(Ord. 1986, 1994).
20.20.110 Final submittal -Vicinity map.
A vicinity sketch clearly identifying the location
of the property must be prepared and completed.
(Ord. 1986, 1994 ).
20.20.120 Final submittal -Restrictions and
covenants.
Copies ofrestrictions and covenants, if any, pro·
posed to be imposed upon the use of the land must
be prepared and completed. (Ord. 1986, 1994).
20.20.130 Final submittal -Short subdivision
title report.
All final short subdivision applications shall be
accompanied by a title company certification cur-
rent to within 30 days from filing of final short plat;
provided, however, the applicant shall be responsi·
ble for updating the title report to ensure that it is
current of the time of final short plat review. This
report must confirm that the title of the lands as
described and shown on the declaration of owner-
ship is in the name of the owners signing the decla-
ration. (Ord. 1986, 1994).
20-19
20.20.180
20.20.140 Final submittal -Legal descriptions.
All final short subdivision applications shall
have a legal description of the entire parcel to be
short subdivided, each lot, easement and tract to be
created and shall be on forms acceptable to the city
and stamped "Registered Land Surveyor." (Ord.
1986, 1994).
20.20.150 Final submittal -Declaration of
ownership.
All final short subdivision applications shall be
accompanied by notarized signatures of all owners
that have interest in the property to be short subdi-
vided on the declaration of ownership form pro-
vided by the city. If the plat is subject to a
dedication, the certificate listed in MMC
20.20.lOO(ll)(a) or a separate written instrument
shall also contain the dedication of all streets and
other areas to the public, an individual or individu-
als, religious society or societies or to any corpora·
tion, public or private or other legal entity as shown
on the short plat and a waiver of all claims for dam·
ages against any governmental authority which
may be occasioned to the adjacent land by the
established construction, drainage and mainte·
nance of the road. The certificate or instrument of
dedication shall be signed and acknowledged
before a notary public by all parties having any
ownership interest in the land subdivided and
recorded as part of the final short plat. (Ord. 1986,
1994).
20.20.160 Final submittal -Contiguous parcel
owners.
Name and address of contiguous parcel owners
on the property owner's form must be prepared and
completed. (Ord. 1986, 1994).
20.20.170 Final submittal-Survey.
Final short plats must be accompanied by a com-
plete survey in accordance with MMC 20.24.270.
(Ord. 1986, 1994).
20.20.180 Final approval -Procedure.
(!) The planning director and public works
director shall detennine that the short subdivision
proposed for final approval conforms to all the
terms of preliminary approval, and that the short
subdivision meets the requirements of this title,
applicable state laws and all other local ordinances
adopted by the city which were in effect at the time
of preliminary approval.
(2) If the conditions have been met, the plan·
ning director and public works director shall
20.20.190
inscribe and execute their written approval on the
face of the plat map. (Ord. 1986, 1994).
20.20.190 Recording requirement.
When the city finds that the short subdivision
proposed for final approval meets all the conditions
of final approval and the requirements of this title
and state law and all other local ordinances adopted
by the city which were in effect at the time of pre-
liminary approval, then the applicant shall record
the original of said final short subdivision with the
county auditor. The applicant must provide the city
with a mylar copy of the recorded short plat before
the short subdivision becomes valid. (Ord. 1986,
1994).
20.20.200 Resubdivision restrictions.
(1) Land within an approved short subdivision
shall not be resubdivided for a period of five years
from the date of final approval of the short subdivi-
sion without the submission and approval of a fmal
subdivision pursuant to all provisions of this title
concerning the subdivision ofland into 10 or more
lots, tracts or parcels.
(2) When the original short subdivision con-
tains nine or fewer lots, the above restrictions shall
not apply to the creation of additional lots, not
exceeding a total of nine. In that case, a new appli-
cation must be filed and processed. After five
years, further division may be permitted when oth-
erwise consistent with the regulations of the city.
(3) Where there have been no dedications to the
public and no sales of any lots in a short subdivi-
sion, nothing contained in this section shall pro-
hibit a subdivider from completely withdrawing
his entire short subdivision and thereafter present-
ing a new application. (Ord. 1986, 1994).
20-20
Chapter 20.24
LAND DIVISION REQUIREMENTS
Sections:
20.24.010 Standards generally.
20.24.020 Provisions for approval.
20.24.030 Public use reservations.
20.24.040 Design with environment required.
20.24.050 Divisions of land with existing
structures.
20.24.060 Building design with natural slope.
20.24.070 Landscaping requirements.
20.24.080 Floodplain requirements.
20.24.090 Street improvements.
20.24.100 Pedestrian improvements.
20.24.110 Drainage improvements.
20.24.120 Sewer improvements.
20.24.130 Water improvements.
20.24.140 Fire hydrant improvement.
20.24.150 Clearing and grading.
20.24.160 Lot requirements.
20.24.170 Utilities improvements.
20.24.180 Easements.
20.24.190 Public uses, park, playground and
recreation areas.
20.24.200 Underground wiring.
20.24.210 Improvements -Smooth transition
required.
20.24.220 Improvements -Utility improvement
plans.
20.24.230 Improvements -Acceptance.
20.24.240 Perfonnance guarantee requirements.
20.24.250 Site improvements designated.
20.24.260 Warranty requirements for acceptance
of final improvements.
20.24.270 Survey requirement.
20.24.280 Dedication -Statutory warrant deed.
20.24.290 Model homes.
20.24.010 Standards generally.
The following standards set forth in this chapter
are to be used for division and redivisions of the
land. (Ord. 1986, 1994).
20.24.020 Provisions for approval.
No division or redivision of land shall be
approved unless appropriate provisions are made
for, but not limited to, the public health, safety and
general welfare, relating to open space, drainage
ways, streets, alleys, other public ways, water sup-
plies, sanitary wastes, parks, school facilities and
other standards as may be required by this title.
(Ord. 1986, 1994).
Marysville Municipal Code
20.24.030 Public use reservations.
(l) Reservation or Dedication. If the city con-
cludes in the review of the subdivision or short sub-
divisions that the dedication or reservation of areas
or sites for school facilities, park land, and play-
grounds are reasonably necessary and are a direct
result of the proposal and are consistent with the
capital facilities element of the comprehensive
plan, the city may require that such reservation or
dedication be provided.
(2) Street Right-of-way Realignment or Widen·
ing.
(a) If the city concludes that the street right-
of-way adjacent to a proposed divisiOn of land is
inadequate for widening and realignment of the
existing street, then the city may require a dedica-
tion of necessary right-of-way and improvement of
that right-of-way.
(b) The city may allow up to 10 percent
deviation in minimum lot size in short subdivisions
only if the requirement of a dedication of right·of-
way on an existing publicly improved street
reduces a proposal below the minimum zoning
code requirements.
(3) Nothing herein shall prohibit voluntary
agreements with the city that allow a payment in
lieu of dedication of land or to mitigate a direct
impact that has been identified as a consequence of
a proposed subdivision or short subdivision as
authorized in Chapter 82.02 RCW and Chapter
18.24 MMC. (Ord. 1986, 1994).
20.24.040 Design with environment required.
Information generated through the environmen-
tal review process will be used in designing the
subdivision and short subdivisions in such a way as
to mitigate potential adverse environmental
impacts. (Ord. 1986, 1994).
20.24.050 Divisions ofland with existing
structures.
(1) When divisions or redivisions of land are
submitted proposing the creation of new lots with
existing structures, the existing structures shall
comply with all zoning code requirements includ-
ing, but not limited to, such things as setback
requirements, parking requirements and height
standards; provided, however, if the structures are
legal nonconforming buildings, nothing shall pro-
hibit the di vision of such land, so long as the divi-
sion does not increase or intensify the nonconform-
ing nature of the structure.
(2) Exception. If the existing structure cannot
meet setback requirements and the structure(s) is a
legal nonconforming structure, the applicant may
20-21
20.24.090
then apply for a variance under MMC 20.32.010.
(Ord. 1986, 1994 ).
20.24.060 Building design with natural slope.
The design and development of subdivisions
shall attempt to preserve the topography of the site
by selection and location of buildings which fit the
natural slope of the land. Proposals to alter geo-
logic hazard areas will be reviewed in accordance
with Chapter 18.28 MMC, Sensitive Areas Man-
agement. (Ord. 1986, 1994).
20.24.070 Landscaping requirements.
Landscaping shall be in conformance with
Chapter 19.32 MMC, Landscaping and Fences;
provided that for lands which have been cleared of
significant wooded areas as characterized by ever-
green trees eight inches in diameter or greater
and/or deciduous trees 12 inches in diameter or
greater, measured four and one-half feet above
grade, within three years preceding the date of
application, a landscaping plan will be required.
This plan shall provide for revegetation with simi-
lar species of trees to that which was cleared, at a
density approved by the planning director. The use
of street trees will be recommended at one tree per
40 feet of frontage along the public street when a
subdivision or short subdivision removes signifi-
cant amounts of trees and natural vegetation. The
trees shall be placed on private property unless oth-
erwise approved by the city. (Ord. 1986, 1994). ·
20.24.080 Floodplain requirements.
Land identified in the Marysville Flood Insur-
ance Study dated February 15, 1984 as may from
time to time be amended, with accompanying flood
insurance maps as may from time to time be
amended, shall not be subdivided unless the
requirements of floodplain regulations are met. ·
(Ord. 1986, 1994).
20.24.090 Street improvements.
(1) Whenever a division or redivision of land is
on an existing public street such frontage shall be
improved to current city standards.
(2) Local streets shall be laid out to discourage
use by through traffic.
(3) The use of curvilinear streets, cul-de-sacs,
and short loops shall be encouraged where such use
will result in a more desirable layout.
(4) Proposed streets shall be extended to the
boundary lines of the tract to be subdivided and
short subdivided unless prevented by topography
or other physical conditions, and in the opinion of
the city engineer such extension is not necessary or
20.24.090
desirable for the coordination of the layout of the
subdivision or short subdivision with the existing
road network, master street plan for the city, or the
most advantageous future development of adjacent
tracts.
(5) Access to Arterials. When a division or
redivision of land borders on or contains an exist-
ing or proposed arterial, the city may require that
access to such streets may be limited, such as com-
mon lot access points and lots fronting on interior
streets.
(6) Dead End Streets. All permanent and tem-
porary dead end streets or access easements shall
not exceed 600 feet in length. Any dead end street
or easement access exceeding 150 feet in length
shall provide a turnaround in accordance with city
standards and the Uniform Fire Code. Dead end
streets shall be measured from the edge of the inter-
secting right-of-way to the geometric center monu-
ment of the cul-de-sac.
(7) Street Standards. All streets shall be built to
current city standards and meet minimum require-
ments for right-of-way width, pavement width,
sidewalks and off-street parking as defined in
MMC Title 12. The minimum requirement for each
street classification shall be based on the maximum
potential number of dwelling units served.by the
logical extension of common streets to serve other
land. The public works director will have the
authority to deviate from construction and street
classification standards.
(8) Right-of-way width in excess of the stan-
dards of this title may be required when due to
topography.
(9) Easement Access Exception. The city may,
at the request of the applicant in a short subdivi-
sion, only allow access to lots by easement when in
the opinion of the city engineer:
(a) The improvement of a public street is not
necessary to facilitate adequate supply of water,
sewer and utilities;
(b) The improvement of a public street is
not necessary to provide on-street parking;
( c) The improvement of a public street is not
necessary to provide access to potential additional
lots or future developable area;
(d) The improvement of a public street is
not necessary to protect the public health, safety
and welfare of the residence and general public.
(10) Ease.men! Access Drive Standards. All
easement access drives shall be built to the stan-
dards set out in Schedule 20.24.090A, set out at the
end of this section, for easement widths, paving
width, and off-street parking and utilities, a turn-
20-22
around will also be provided when required by the
city engineer.
(11) The computations for complying with the
zoning code minimum lot size shall not include the
easement access area.
(12) For any easement with public utilities. the
city engineer shall determine easement width.
(13) Street Design Criteria.
(a) The minimum grade of any street, except
for vertical curves, shall be .25 percent for pur-
poses of facilitating storm drainage.
(b) The maximum grade of any street shall
be determined as follows:
Access Collector Minor
Topography Streets Streets Arterial
Flat 8% 7% 6%
Rolling 12% 10% 7%
Mountainous 15% 12% 9%
The director of the department of public works
may authorize deviations from this criteria of up to
one percent. Any other deviations shall require the
issuance of a variance.
(c) The slope from the centerline of the
pavement to the shoulder of the pavement shall be
one-fourth inch per foot, subject to minor modifi-
cations with the approval of the director of the
department of public works.
(d) Streets shall be required to intersect with
one another at an angle as near to a right angle as is
practicable in each specific case.
(e) A party constructing any new street shall
improve the extension of the same to the intersect-
ing pavement of the nearest public street.
(f) All street names and street numbers shall
be approved by the planning director and shall be
in confonnlty with the established grid system of
the city.
(g) All streets shall generally follow contour
lines to the extent feasible.
{h) Street jogs shall have a minimum sepa-
ration of 150 feet.
(i) Except as otherwise specified in this sec-
tion, street design standards shall conform to the
adopted policies and standards of the American
Association of Safe Highway Transportation Offi-
cials (AASHTO).
Schedule 20.24.090A
Easement Access Drive Standards
Easement
Access Drive
Standards for;
SingJe-famlly
Detached or one
Duplex
Potential No.
of Dwelling
Units Served
! lot or
I duplex*
Easement
~linimum
Width
20'**
Surface and
Pavement
12' with 6"
crushed rock
or gravel
Marysville Municipal Code
Single-family 2-4 lots or• 30'**
Detached or
Duplexes
Single-family
Detached or
Duplexes
5-8 units*
5-9 lots or
10-18 units*
30'**
40'**
16' paving
with 1-112"
ClassB and
6" crushed
rock, plus
4" crushed
rock or gravel
shoulders,
both sides
22' paving
with 1-112"
ClassB and
6" crushed
rock, plus
4" crushed
rock or gravel
shoulder,
one side
22' paving
with 1-1/2"
ClassB and
6" crushed
rock, plus
a4' paved
walkway
(attached or
detached
from road~
way) and an
80' diameter
cul-de~sac
turn around
* Calculation of number of dwelling units in a short subdivi~
sion.
For determining the number of units served by an easement
access drive, the city shall count the maximum number of
potential lots or the maximum number of potential units for the
total short subdivision.
** Minimum requirement.
The city engineer shall determine the actual easement and
pavement width necessary based on maximum potential num-
bers of dwelling units served, available off-street parking~
need for utilities, pedestrian improvements1 drainage improve-
ments and fire access.
(Ord. 1986, 1994).
20.24.100 Pedestrian improvements.
(1) Pedestrian Access. In order to facilitate
pedestrian access from the streets to schools, parks,
playgrounds or other nearby streets, the city may
require perpetual unobstructed easements. Ease-
ments shall be noted on the face of the final plat
(2) When a proposed division or redivision of
land is on an established bus route, the applicant
may be required to provide a bus shelter. The city
engineer shall make this decision as it relates to the
potential needs of the development. (Ord. 1986,
1994).
20.24.110 Drainage improvements.
(l) Drainage improvements shall be required as
specified in MMC Title 14.
20-23
20.24.160
(2) Drainage Easements. When a subdivision or
short subdivision is traversed by a watercourse,
drainageway, channel or stream, the applicant shall
provide a drainage easement or drainage right-of-
way confonning substantially to the lines of the
watercourse or drainageway. The easement or
drainage right-of-way shall be maintained in its
natural state with proper setback and landscaping
as approved by the city. (Ord. 1986, 1994).
20.24.120 Sewer improvements.
All sewer improvements will be per city stan-
dards. (Ord. 1986, 1994).
20.24.130 Water improvements.
All water improvements will be per city stlm-
dards. (Ord. 1986, 1994).
20.24.140 Fire hydrant improvement.
( 1) Fire hydrants shall be installed per city's
fire code.
(2) Fire hydrants must be approved and operat-
ing prior to framing of buildings. (Ord. 1986,
1994).
20.24.150 Clearing and grading.
(1) Before any site modification where existing .
natural features would be disturbed or removed, a
grading plan must be submitted to the city and
approved by the city showing the extent of the pro-
posed modification.
(2) Debris, waste, trees, timber, junk, rubbish or
other materials of any kind shall not be buried in
any land or deposited in any surface water.
(3) All erosion control plans must be in compli-
ance with city standards and MMC Title 14. ·
(4) In critical drainage areas no clearing of!ots
shall be allowed until building permits and/or a
grading pennit has been issued. (Ord. 1986, 1994).
20.24.160 Lot requirements.
(1) Lot arrangement shall be related to the nat-
ural features of the site and provide a suitable
building site and driveway access from existing or
proposed streets.
(2) Double-frontage lots shall be avoided
whenever possible.
(3) Lots shall not, in general, access off of arte-
rials. Where driveways access from a street may be
necessary for several adjoining lots, the city may
require that such lots be served by combined access
points and driveways designed or arranged so as to
avoid requiring vehicles to back into traffic.
( 4) Residential lots shall have a minimum of 80
feet of lot depth.
20.24.170
(5) Residential lots must have a front yard set-
back orientation toward the public street or ease-
ment access.
(6) Interior lot lines should be composed of
straight lines.
(7) Residential lots shall maintain the minimnm
setback requirements as specified by the city's zon-
ing ordinance, unless shown otherwise on the fmal
plat or short plat, as a building site. In no case shall
the city staff or the hearing examiner grant a devi-
ation from the setback requirement on an exterior
lot line on abutting property under separate owner-
ship without following the procedure of MMC
20.32.010.
(8) Residential lots shall maintain a minimum
lot width as required by the city's zoning ordi-
nance.
(9) Panhandle-shaped lots shall only be permit-
ted in a residential subdivision and short subdivi-
sion if the following are met:
(a) The minimum width of the minor access
portion shall be 20 feet;
(b) The computations for complying with
the zoning code minimum lot size shall not include
the minor portion of a panhandle-shaped lot;
(c) No panhandle-shaped lot shall be per-
rnittedin short subdivisions where the ownership is
common with a contiguous property;
( d) Side-by-side panhandles in subdivisions
are not permitted;
(e) No panhandle-shaped lot will be permit-
ted if there is a potential for additional develop-
ment, unless adequate area is left for the future
development potential; and
(f) All panhandle access drives shall comply
with easement access standards, including type of
units allowed and improvements required. (Ord.
1986, 1994).
20.24.170 Utilities improvements.
All utility facilities shall be per city standards.
(Ord. 1986, 1994). .
20.24.180 Easements.
Permanent easements shall be provided for util-
ities and other public services identified at the time
of preliminary plat approval. (Ord. 1986, 1994).
20.24.190 Public uses, park, playground and
recreation areas.
(1) Each division or redivision of land shall be
required to reserve for passive or active recreation,
a designated area within the subdivision or short
subdivision based on a minimum of five acres per
1,000 people as deemed reasonably necessary as a
20-24
direct result of the proposed subdivision or short
subdivision.
(2) Such land reserved for recreation purposes
shall be a suitable location for proposed recreation
uses.
(3) Nothing herein shall prohibit voluntary
agreements with the city that allow a payment in
lieu of dedication of land to mitigate a direct
impact that has been identified as a consequence of
a proposed subdivision or short subdivision as ·
authorized in Chapter 82.02 RCW and Chapter
18.24 MMC. (Ord. 1986, 1994).
20.24.200 Underground wiring.
It is the intent of this provision to eliminate inso-
far as possible the installation of overhead wires
and of wire carrying poles within residential subdi-
visions and short subdivisions being henceforth
developed under this title.
(1) All subdivisions or short subdivisions shall
have all necessary power lines, telephone wires,
television cables, fire alarm systems and other
communication wires, cables or lines placed in
underground location either by direct burial or by
means of conduit or ducts and with the exception of
the city fire alarm system, providing service to
each lot or potential building site in the plat.
(2) All such underground installations or sys-
tems shall be approved by the appropriate utility
company and shall adhere to all governing applica-
ble regulations including but not limited to the city
and state applicable regulations and specific
requirements of the appropriate utility.
(3) If the appropriate utility company deter-
mines that an underground system as proposed
above cannot reasonably be installed according to
accepted engineering practices this requirement
may be waived upon receipt of a written notice
from said utility to the city engineer.
( 4) All utility easements within a proposed sub-
division and short subdivision shall be approved by
the appropriate utility company before final accep-
tance of the plat and shall be shown in their exact
location on the final drawing of said subdivision or
short subdivision.
(5) Nothing in this section or any other section
of this title in relation to underground wiring shall
apply to power lines carrying a voltage of 15 KV or
more, nor shall it be construed to prohibit the
placement of pad mounted transfonners, terminal
pedestals or other electrical and communications
devices above ground, as detennined by the appro-
priate utility involved. (Ord. 1986, 1994).
Marysville Municipal Code
20.24.210 Improvements -Smooth transition
required. ·
All improvements required by this title shall be
extended as necessary to provide a smooth transi-
tion with existing improvements, both laterally
across the street and longitudinally up and down
the street, for utilities, vehicular and pedestrian
traffic. (Ord. 1986, 1994).
20.24.220 Improvements -Utility
improvement plans.
All street and utility improvement plans shall be
prepared by a state of Washington licensed civil
engineer to meet city standards. All plans shall be
prepared on reproducible mylar material and pre·
sented to the city for approval. (Ord. 1986, 1994).
20.24.230 Improvements -Acceptance.
The city engineer is authorized to accept all
improvements and/or right-of-way dedication
required in this title on behalf of the city. (Ord.
1986, 1994).
20.24.240 Performance guarantee
requirements.
(1) Site improvements shall be completed prior
to approval of the final plat or short plat, or at the
discretion of the city engineer, or his designee, a
performance bond may be furnished guaranteeing
such completion within one year from the date of
acceptance of the plat. The performance bond shall
be drawn in favor of the city in the amount specified
by the city engineer, or his designee, or in lieu of a
bond an equal sum placed in escrow. When all site
improvements have been completed and all monu-
ments and property comers have been properly
placed, according to the required city standards,
and have been approved by the city engineer, or his
designee, the road bond or balance of money held
in escrow shall be relea.Sed to the subdivider.
(2) Guarantee funds shall not be released by the.
city unless approval has been received· from all
applicable departments that are responsible for
acceptance and/or maintenance of such improve-
ments. (Ord. 1986, 1994).
20.24.250 Site improvements designated.
Site improvements shall include, but are not
limited to: grading of entire width of street rights-
of-way, asphalt/concrete surfacing of roadways (as
per city standards contained in the street code),
curbs, gutters and sidewalks constructed according
to the street code and construction of drainage
facilities included in the preliminary plat. The
developer shall request inspection of the improve-
20-25
20.24.270
ments by the city engineer or his designee at the
following times:
(I) Erosion control measures are installed;
(2) Rough grading is complete and prior to
placing pit run;
(3) Storm sewer completion;
(4) Roadway including curb and gutter comple-
tion;
(5) When all improvements, including monu-
ments, have been placed.
All improvements which do not meet city stan-
dards shall be immediately replaced or repaired
prior to proceeding. The city engineer, or his des-
ignee, will inform the developer in writing of any
improvements which are not acceptable. (Ord.
1986, 1994).
20.24.260 Warranty requirements for
acceptance of final improvements.
(1) After satisfactory completion of roadway
improvements. including streets, curbs, gutters and
sidewalks, and storm water drainage improve-
ments, and after satisfactory completion of on-site ·
retention facilities, if any, the owner and/or devel-
oper shall provide to the city a two-year warranty
at 10 percent of all costs incurred for the roads,
right-of-way improvements and storm drainage
system and shall warrant against defects in the
design, materials and workmanship relating to such
improvements and facilities, and costs of maintain-
ing and repairing said improvements and facilities
for said two-year period. The amount of the war-
ranty shall be determined by the city engineer, or
his designee, and may be increased to as much as ·
20 percent of all costs incurred for roads, right-of-
way improvements and storm drainage system
based on site characteristics/conditions. In lieu of a
surety bond, the city may accept a cash bond,
assignment of a bank account or irrevocable letter
of credit.
(2) For the pmpose of this title, final approval
shall not be given until such time as all of the
required improvements have been satisfactorily
installed in accordance with the requirements of
preliminary approval and the approved road and
storm plans, or have been bonded for as mentioned
above. (Ord. 1986, 1994).
20.24.270 Survey requirement.
(1) A survey for division and redivision must be
conducted by or under the supervision of a licensed
land surveyor registered in the state of Washing-
ton. The surveyor shall certify on the plat or short
plat that it is a true and correct representation of the
20.24.280
lands actually surveyed and the survey was done in
accordance with city and state Jaw.
(2) In all subdivisions and short subdivisions,
Jot comer monuments must be set before final
approval can be granted.
(3) In all subdivisions and short subdivisions,
perimeter monuments must be set before final
approval can be granted.
( 4) In all subdivisions and short subdivisions,
control monuments must be set before final accep-
tance of public improvements. Performance guar-
antees must include the installation of all control
monuments. Control monuments must be installed
per city design and construction standards.
(5) In all subdivisions and short subdivisions
where final approval is to be granted by the accep-
tance of a performance guarantee, lot comer and
perimeter monuments must be set. The perfor-
mance guarantee must include the resetting of any
monument that has been lost during construction of
public improvements. (Ord. 1986, 1994).
20.24.280 Dedication -Statutory warrant
deed.
Any dedication, donation or grant as shown on a
short plat or plat map shall constitute a statutory
warranty deed to said grantee for the use intended.
(Ord. 1986, 1994).
20.24.290 Model homes.
(1) Model homes maybe pennittedas part of an
application for preliminary subdivision approval or
prior to final plat approval in the sole discretion of
the city council. Provided, however, the total num-
ber of model homes allowed shall not exceed the
total number of legal lots existing prior to the sub-
division application. In no event shall the total
number of model homes in a preliminary subdivi-
sion be greater than four.
(2) If the city council finds that the construction
of model homes prior to final plat approval will not
interfere with the proposed subdivision and meets
all other applicable city requirements, it may, in its
discretion, approve construction of model homes
subject to the following conditions:
(a) No model home shall be constructed
without the issuance of a building permit;
(b) No more than one model home shall be
constructed per existing legal lot;
(c) A hard-surfaced roadway to and abutting
all model homes shall be constructed to standards
determined by the city engineer;
(d} Operational fire hydrant(s) must be
approved and constructed in accordance with the
Uniform Fire Code;
20-26
(e) Submittal of a site plan, certified by a
registered civil engineer/surveyor, delineating the
location of each structure relative to existing and
proposed utilities, lot lines, easements, roadways,
topography and sensitive areas;
(t) Submittal of building plans for each of
the proposed structures;
(g) Approval of water, sewer and storm
sewer extension plans to serve the proposed struc-
tures;
(h) Execution of an agreement with the city
saving and holding it harmless from any damages,
direct or indirect, as a result of the approval of the
construction of model homes on the site. ·
(3) Prior to occupancy of any model home, the
final plat of the subject subdivision shall be
approved and recorded. (Ord. 1986, 1994).
Marysville Municipal Code
Chapter 20.28
TAX SEGREGATED LOTS
Sections:
20.28.010 Subdivision requirements.
20.28.010 Subdivision requirements.
(1) Tax lots created through the tax segregation
process, Chapter 84.56 RCW, are not recognized
as lots for the purpose of the city subdivision ordi-
nance and zoning code unless they have been for-
mally divided pursuant to the requirements of
Chapter 58.17 RCW and applicable city ordinance.
If the lots have not been formally divided pursuant
to the requirements of Chapter 58.17 RCW and
applicable city ordinances, then they must be sub-
divided or short subdivided in accordance with the
requirements of this title; provided, however, lots
which have been created solely through the tax
segregation process shall no.t be required to be
divided in accordance with the requirements of
Chapter 58.17 RCW and this title if they meet the
following requirements:
(a) The lots were created by the tax segrega-
tion process defined in Chapter 84.56 RCW prior
to August 10, 1969; and the lots meet all zoninl!
regulations in effect at the time they were created;
(b) In the event the subject property has
been annexed into the city, the property must meet
county zoning regulations as of the time of annex-
ation.
(2) If a tax segregated lot was created prior to
August 10, 1969, and does not meet .the zoning
requirements set forth in subsection (!)(a) of this
section, an application for a variance as set forth in
MMC 20.32.010 may be made to the hearing
examiner. When considering the variance, the
hearing examiner may consider as an "exceptional
circumstance or condition" for purposes of MMC
20.32.010(5)(a), when appropriate for the subject
property, whether building permit(s) were issued
by the city and whether the information provided
by the applicant when applying for said building
permit(s) was complete and accurate. In granting a
modification/variance the hearing examiner may
impose as a condition of approval, any conditions
which the hearing examiner determines to be nec-
essary for the health, safety and welfare of tbe gen-
eral public. (Ord. 1986, 1994).
20-27
20.32.010
Chapter 20.32
MODIFICATIONS AND VARIANCES
Sections:
20.32.010 Modifications and variances.
20.32.010 Modifications and variances.
(I) Applications for variances are limited to the
following sections of this title: MMC 20.24.050,
20.24.090(6), 20.24.090(13)(b), 20.24.160 and
20.28.010. Variances are not permitted from other
sections of this title.
(2) For subdivisions and short subdivisions, a
request for a variance of more than 10 percent shall
be considered by the hearing examiner. The appli-
cation shall be submitted with the subdivision or
short subdivision application.
(3) For subdivisions and short subdivisions, a
request for a variance of less than or equal to 10
percent shall be considered by the planning direc-
tor. The application shall be submitted with the
subdivision or short subdivision application.
(4) All variances to new lots created under this
subdivision code relating to MMC 20.24.050 and
20.24.160 shall be heard by the hearing examiner
or planning director per subsections (2) and (3) of
this section. The hearing examiner shall hear
requests for variances made pursuant to MMC
20.24.090(6), 20.24.090(13)(b) and 20.28.010.
(5) In order for the planning director or hearing
examiner to grant a variance, he or she must find
that all of the following conditions have been met:
(a) There are exceptional circumstances or
conditions such as: location of existing structures,
lot configuration, topographic or unique physical
features that apply to the subject property which
prohibit the applicant from meeting the standards
of this title;
(b) The authorization of the variance will
not be detrimental to the public welfare or iajurious
to the property in the vicinity or zone in which the
property is located; and
(c) A hardship would be incurred by the
applicant if required to comply with the strict
application of the section or sections identified in
subsection (1) of this section.
(6) The filing of an application with the city
requesting a variance shall stay the running of the
time period for preliminary subdivision and short
subdivisions approval as is set forth in Chapters
20.12 and 20.20 MMC. (Ord. 1986, 1994).
20.36.010
Chapter 20.36
APPEALS
Sections:
20.36.010 Preliminary subdivision -Appeals to
city council.
20.36.020 Short subdivisions -Appeals to
hearing examiner.
20.36.030 Time period stay -Effect of appeal.
20.36.040 Appeal to court.
20.36.010 Preliminary subdivision-Appeals to
city council.
All decisions rendered by the hearing examiner
on preliminary subdivisions shall be appealed to
city council in accordance with the requirements of
city's hearing examiner ordinance, as amended and ·
codified in Chapter 2.70 MMC. (Ord. 1986, 1994).
20.36.020 ..Short subdivisions -Appeals to
hearing examiner.
(1) All appeals of decisions relating to short
subdivisions shall be made to the hearing exam-
iner. Such appeals must be made in writing and
filed with the office of the hearing examiner within
14 calendar days from the date on which the pre-
liminary decision was rendered.
(2) The written appeal shall include a detailed
explanation stating the reason for the appeal. The
decision of the hearing examiner shall constitute a
recommendation to the city council, pursuant to
MMC 2.70.130.
(3) Standing to appeal is limited to the follow-
ing:
(a) the applicant or owner of the property on
which the short subdivisions proposed;
(b) any aggrieved person who will thereby
suffer a direct and substantial impact from the pro-
posed short subdivision; and
(c) RCW 58.17.180 grants standing to prop-
erty owners within 300 feet of the subject property.
(Ord. 1986, 1994).
20.36.030 Time period stay -Effect of appeal.
The filing of an appeal shall stay the running of
the time periods for subdivision and short subdivi-
sion approval as are set forth in this article. (Ord.
1986, 1994).
20.36.040 Appeal to court.
Any appeals from a decision approving or disap-
proving a subdivision or short subdivision shall be
in accordance with RCW 58.17.180 and shall be
20-28
filed with the court only after all administrative
appeals as set forth herein have been exhausted.
(Ord. 1986, 1994).
)
Marysville Municipal Code
Chapter 20.40
ENFORCEMENT AND PENALTIES
Sections:
20.40.010 Delegation ofresponsibilities.
20.40.020 Compliance -Prior provisions -
Transition.
20.40.030 Effect of noncompliance.
20.40.040 Filing unapproved subdivisions or
short subdivisions.
20.40.050 Violation -Injunctive action.
20.40.060 Violation -Exception.
20.40.070 Provisions nonexclusive.
20.40.080 Rules and regulations.
20.40.090 Severability.
20.40.100 Savings.
20.40.010 Delegation of responsibilities.
Whenever the terms of this title specifically
authorize the planning director or the city engineer
to perform specific acts, the planning director and
city engineer are authorized to delegate those spe-
cific responsibilities to members of their respective
staffs. (Ord. 1986, 1994).
20.40.020 Compliance -Prior provisions -
Transition.
All applications for preliminary subdivisions
and short subdivisions which are properly filed
with the city on or after the fifteenth day following
the validation date of the ordinance codified in this
title shall proceed in full compliance with the
requirements of this article as it presently is or is
hereafter amended and state law. All other subdivi-
sions and short subdivisions which received pre-
liminary approval prior to the fifteenth day
following the validation date of the ordinance cod-
ified in this title shall comply with the require~
ments of the prior subdivision code and state law.
(Ord. 1986, 1994 ).
20.40.030 Effect of noncompliance.
No building permit or other development permit
including approvals for preliminary subdivisions
and short subdivisions shall be issued for any Jot or
parcel ofland divided in violation of Chapter 58.17
RCW or this title. All purchases or transfers of
property shall comply with the provisions of Chap-
ter 58. l 7 RCW and this title, and each purchaser,
transferee or other legal entity may recover his
damages from any person, firm, corporation or
agent selling or transferring land in violation of
Chapter 58.17 RCW or this title, including any
amount reasonably spent as a result of an inability
20·29
20.40.070
to obtain any development permit and spent to con-
form to the requirements of Chapter 58.17 RCW
and this title as well as the cost of investigation,
suit and reasonable attorney's fees. A purchaser,
transferee or other legal entity may, as an alterna-
tive to confonning the property to these require-
ments, rescind the sale or transfer and recover the
cost of investigation, suit and reasonable attorney's
fees. (Ord. 1986, 1994).
20.40.040 Filing unapproved subdivisions or
short subdivisions.
The county auditor shall refuse to accept the fil-
ing of any division or redivision of land that has not
been approved by the city in accordance with the
provision of this title. Should any division or redi-
vision of land be filed without such certification, as
set forth in Chapters 20.16 and 20.20 MMC, the
city attorney may apply for a writ of mandamus on
behalf of the city directing the auditor to remove
the unapproved subdivision. from the auditor's
files. (Ord. 1986, 1994).
20.40.050 Violation -Injunctive action.
Any violation of the provisions of this title con-
stitutes a public nuisance per se which the city can
abate by action in Snohomish County superior
court. All costs of such action, including attorney
fees, shall be taxed against the violator. (Ord. 1986,
1994}.
20.40.060 Violation -Exception.
If performance of an offer or agreement to sell,
lease or otherwise transfer a lot, tract or parcel of
land following preliminary plat or preliminary
short plat approval is expressly conditioned on the
recording of the final plat or short plat containing
the Jot, tract or parcel under th.is title, the offer or
agreement is not a violation of any provisions of
this title. All payments on account of an offer or
agreement conditioned as provided in this section
shall be deposited in an escrow or other regulated
trust account and no disbursement to sellers shall
be permitted until the final plat or short plat is
recorded. (Ord. 1986, 1994).
20.40.070 Provisions nonexclusive.
Penalty and enforcement provisions provided in
this title are not to be exclusive, and the city may
pursue any remedy or relief it deems appropriate.
(Ord. 1986, 1994).
20.40.080
20.40.080 Rules and regulations.
The city's planning director is authorized to pro-
mulgate rules and regulations which are consistent
with the terms of this title. (Ord. 1986, 1994).
20.40.090 Severability.
If any provision of this title shall be declared
unconstitutional or invalid by any court of compe-
tent jurisdiction, it shall be conclusively presumed
that this title would have been enacted without the
provision so held unconstitutional or invalid, and
the remainder of this title shall not be affected as a
result of said part being held unconstitutional or
invalid. (Ord. 1986, 1994). ·
20.40.100 Sadngs.
Nothing contained in this title shall be construed
as abating any action now pending under or by vir-
tue of any ordinance of the city herein repealed, or
as discontinuing, abating, modifying or altering
any penalty accrued or to accrue, or as affecting the
liability of any person, firm or corporation, or as
waiving any right of the city under any ordinance
or provision thereof in force at the time of passage
of the ordinance codified in this title. (Ord. 1986,
1994).
20-30
Article II. Binding Site Plan
Chapter 20.44
GENERAL PROVISIONS
Sections:
20.44.010 Title for citation.
20.44.020 Authority.
20.44.030 Purpose.
20.44.040 Jurisdiction.
20.44.050 Applicability.
20.44.060 Administration.
20.44.070 Definitions.
20.44.010 Title for citation.
This article shall be known as the binding site
plan ordinance of the city. The requirements set
forth in this article are applicable to all divisions of
land zoned business, commercial and industrial
within the city. (Ord. 1986, 1994).
20.44.020 Authority.
These regulations are authorized by Chapter
58.17 RCW and all other applicable state laws and
city ordinances. (Ord. 1986, 1994).
20.44.030 Purpose.
It is the intent and purpose of this article to
establish an alternative process to subdividing and
short subdividing of land as provided in the city's
subdivision ordinance. The binding site plan
review process is approval of a division of land
with an overall site plan. The binding site plan shall
promote the harmonious development of such
properties in a manner that will have the most ben-
eficial relationship between the development of the
land and such things as the circulation of traffic,
the effective use of utilities, adequate landscaping,
parking, loading, refuse disposal, outdoor storage
and pedestrian flow. (Ord. 1986, 1994).
20.44.040 Jurisdiction.
These regulations shall apply to all properties
exempt from the city's subdivision code that is
being divided through the binding site plan process
in business, commercial and industrial zones
within the incorporated area of the city. (Ord.
19E6, 1994).
20.44.050 Applicability.
Any person, finn, corporation or other entity
which does not divide their property per the city's
subdivision ordinance artd seeks to divide busi·
Marysville Municipal Code
ness, commercial or industrial zoned land for the
purpose of sale, lease or transfer of ownership is
required to apply for and complete a binding site
plan as is required by this title. (Ord. 1986, 1994).
20.44.060 Administration.
The planning director and the city engineer shall
have the duty and responsibility of administering
the provisions of this title. (Ord. 1986, 1994).
20.44.070 Definitions.
(1) "Applicant" means any person or legal
entity proposing a development plan or a binding
site plan.
(2) "Binding site plan" means a drawing to
scale which:
(a) Identifies and shows the areas and loca-
tions of all streets, roads, improvements, utilities,
open spaces:
(b) Any other matters required to be identi-
fied by the city, and containing inscriptions or
attachments setting forth such appropriate limita-
tions and conditions for the use of the land as estab-
lished by the city;
(c) Contains provisions making any devel-
opment be in conformity with the site plan; and
(d) Contains provisions in which an appli-
cant can offer for sale, lease, transfer of ownership
of lots, parcels or tracts.
(3) "City," for purposes of this article, is the
city of Marysville.
( 4) "City standards" means the engineering
design and development standards as published by
the department of public works.
(5) "Zoning code" means city of Marysville
zoning ordinance, MMC Title 19. (Ord. 1986,
1994). .
20-31
20.48.020
Chapter 20.48
PRELIMINARY REVIEW PROCESS
Sections:
20.48.010 Preapplication requirements.
20.48.020 Application submittal.
20.48.030 Action by city departments.
20.48.040 Preliminary approval -Effect.
20.48.050 Time limitation for action.
20.48.010 Preapplication requirements.
( 1) Meeting. Prior to submittal of a binding site
plan application for consideration by the city, the
applicant may request a preapplication meeting
with the city staff on the express condition, that the
city, its officers, employees shall be held harmless
and released from any claims from damages arising
from discussions at said preapplication meeting.
The city shall provide written comments to the
applicant, and the applicant m!IY discuss the gen-
eral goals and objectives of the proposal, the over-
all design possibilities, the general character of the
site, environmental constraints and standards of
development. The focus of the meeting shall be
general in nature and none of the discussions shall
be interpreted as a commitment by the city or appli-
cant. No statements or assurances made by city
representatives shall in any way relieve the appli-
cant of his or her duty to submit an application con-
sistent with all relevant requirements of all
pertinent city, state and federal codes, laws, regula-
tions and land use plans.
(2) Preliminary Drawings.
(a) Binding Site Plan. The applicant shall
provide an accurate preliminary drawing to scale
showing lot layout, dimensions, circulation, build-
ing location, parking, landscaping and utilities.
(b) Legal Description. The applicant shall
provide a legal description of the property.
(c) Vicinity Map. The applicant shall pro-
vide a vicinity sketch of the subject area.
(3) Scheduling of Meeting. All information set
forth in subsection (2) of this section must be pro-
vided to the city before a preapplication meeting
may be scheduled. (Ord. 1986, 1994 ).
20.48.020 Application submittal.
(1) Fees. The applicant shall pay the required
fees as set forth in the city's fee schedule or other
applicable resolutions or ordinances when submit-
ting the binding site plan application.
(2) Application Documents. An applicant for a
binding site plan shall submit an application, form,
legal description of the property, a vicinity map,
20.48.030
declaration of ownership, a listing of the names and
addresses of the adjacent property owners, an envi-
ronmental checklist and a proposed binding site
plan.
(3) Preliminary Binding Site Plan. The pro-
posed binding site plan shall be submitted which
contains the following information:
(a) The name or title of the proposed bind-
ing site plan;
(b) The date, north arrow and appropriate
engineering . scale as approved by the planning
department (e.g., I" = 20', l" = 30', I" = 40', 1" =
50', 1" = 60');
( c) Boundary lines of tract, lot lines, lot
number, block number;
(d) Location and name of existing and pro-
posed streets and right-of-way;
( e) Drainage channels, water courses,
marshes, lakes and ponds;
(f) AlLsignificant wooded areas as charac·
terized by evergreen trees eight inches in diameter
or greater and/or deciduous trees 12 inches in
diameter or greater, measured four and one-half
feet above grade;
(g) Existing structures and setbacks;
(h) The location of existing driveways;
(i) All easements and uses;
Q) Existing and proposed utilities services;
(k) Fire hydrant location and distance;
(l) Five-foot contour lines;
(m) Preliminary street profile of all streets
within the development to be dedicated as public
roads together with a preliminary grading and
storm drainage plan;
(n) A typical cross-section of the proposed
street improvements;
(o) Any regulated sensitive areas such as
wetlands, steep slopes or wildlife habitat.
( 4) Additional Application Requirements. If the
city finds the presence of any of the following site
conditions, then the city may require the applicant
to provide additional information such as detailed
studies and site plans.
(a) Site has existing slopes exceeding 15
percent for more than 50 (running) feet;
(b) Site has permanent drainage course or
wetlands;
( c) Conditions exist on the site or in the area
adjacent to the site which may contribute to or
cause erosion, drainage problems, surface slippage
or other geological hazards;
(d) Site has other uniqne physical features
or sensitive features;
20-32
( e) The subdivision will result in 10 or more
peak-hour vehicular trips onto public streets, or
sight distance/safety concern. (Ord. 1986, 1994).
20.48.030 Action by city departments.
(1) Action by the Planning Department. If the
binding site plan application is complete and the
fee is paid, the planning department shall accept
the application and conduct a city review.
(2) Action by Other City Departments. The
planning department will circulate copies of the
proposed binding site plan to relevant city depart-
ments and affected agencies. The department or
agency shall review the preliminary subdivision
and furnish the planning department with a report
as to the effect the proposed binding site plan may
have upon their area of responsibility and exper-
tise. The reports submitted shall include recomc
mendations as to the extent and types of
improvements to be provided.
(3) Factors Considered by City Departments.
The city shall review the proposed binding site
plan to determine whether it meets the following
criteria:
(a) Comprehensive Plan. Whether the pro-
posed binding site plan and development of the
parcel relates to all elements of the comprehensive
plan;
(b) Zoning. Whether the proposed binding
site plan meets the zoning regulations;
(c) Physical Setting. Whether the binding
site plan properly takes into account the topogra-
phy, drainage, vegetation, soils and any other rele-
vant physical elements of the site;
(d) Public Services.
(i) Adequate water supply,
(ii) Adequate sewage disposal,
(iii) Appropriate storm drainage
improvements,
(iv) Adequate fire hydrants,
(v) Appropriate access to all anticipated
uses within the site plan,
(vi) Provisions for all appropriate deeds,
dedications, and/or easements,
(vii) Examination of the existing streets
and utilities and how the proposed binding site plan
relates to them;
(e) Environmental Issues. Examination of
the project through the SEPA process and a deter-
mination of whether the proposed binding site plan
complies with the SEPA requirements.
(4) Notice Requirements.
(a) Notice to Adjacent Property Owners.
The city shall send adjacent property owners, as
defined by this title, notice that the binding site
)
Marysville Municipal Code
application has been filed with the city. Notice is
deemed sent once placed in the mail.
(b) Adjacent property owners shall have 14
calendar days from the date of mailing in which to
submit written comments to the planning depart-
ment concerning the proposed binding site plan
and/or request a public hearing ..
(c) The applicant shall post the property
with a large sign when the application is deemed
complete. This sign shall be supplied by the city,
and organized, placed and built to the specifica-
tions of this title and applications instructions as
defined by the city's planning department. The cost
for said sign shall be born by the applicant. All
large signs described herein are exempt from the
city's zoning and sign codes. All signs required to
be posted shall remain in place until the final deci-
sion has been reached on the preliminary subdivi-
sion. Following that decision, the applicant must
remove the sign within 14 days. The signs shall be
as follows:
(i) Sign size shall be four feet by eight
feet;
(ii) All letters and numbers shall be Hel-
vetica style; black letters and numbers with white
background;
(iii) Required information on sign:
(A) Notice of Public Hearing (three-
inch CAPS letters);
(B) · Applicant and Application Num-
ber (1.5-inch letters and numbers);
(C) Address of property (1.5-inch let-
ters and numbers);
(D) Proposal (1.5-inch letters and
numbers);
(E) Location and time of public hear-
ing (1.5-inch letters and numbers);
(F) To submit comments or to obtain
additional infonnation, "Contact City of Marys-
ville Planning Department, 80 Columbia Avenue,
Marysville, Washington, 98270-5158, 206-659-
8470 (1.5-inch letters and numbers)";
(G) Sketch drawing of preliminary
subdivision showing lots, adjacent street and
alleys, north arrow and scale (three feet by three
feet);
(iv) All large signs shall be located so
that they can be read clearly from adjacent streets.
The signs shall be at midpoint of the street frontage
10 feet from the front property line unless other-
wise directed by the city. Top of signs must be
between seven and nine feet above grade;
(v) Organization, construction and
mounting of large signs shall be as defined in the
city's application instructions.
20-33
20.48.050
(d) If in the opinion of the planning depart, .
ment, the large sign as described herein would not ·
be highly visible, the applicant shall post three
placards within the local neighborhood or place the
large sign in a location approved by the city.
(e) SEPA notice requirements shall be com-
bined with subsection (4)(c) of this section.
(5) Preliminary Decision.
(a) If at the end of the 14-day comment
period no request for a public hearing has been
received, the city planning director and city engi-.
neer shall determine whether the requirements set
forth herein have been met and based thereon, shall
approve, conditionally approve, disapprove or
return to the applicant for further modification.
This administrative decision shall be in writing and
shall include findings and conclusions.
(b) If a request for a public hearing is
received within the 14-day comment period, the
binding site plan shall be subject to the public
review process outlined in Chapter 20.12 MMC.
(Ord. 1986, 1994).
20.48.040 Preliminary approval -Effect.
Preliminary approval of the binding site plan by
the city shall constitute authorization for the appli-
cant to take the necessary steps to meet the condi-
tions imposed by the city before commencing the
final binding site plan review process. (Ord. 1986,
1994).
20.48.050 Time limitation for action,
(I) Approval Within 90 Days. Preliminary
binding site plans shall be approved, disapproved
or returned to the applicant for modification or cor-
rection within 90 calendar days from the date of fil-
ing a complete application unless the applicant
agrees to an extension of the time period in writing;
provided, should an environmental impact state-
ment be required per RCW 43.21C.030, the 90-da:y
period shall not include the time spent in preparing
and circulating the EIS statement.
(2) Additional Infonnation Required. In the
event additional information is required as set foi:th
inMMC20.48.020(4), the 90-daytime period shall
not commence to run until the additional informa-
tion has been provided to the city.
(3) A binding site pl~n application shall not be
deemed filed until all of the application require-
ments of this title have been met at which time the
city shall indicate by sending a letter to the appli-
cant within 21 calendar days from receipt of the
application.
(4) The applicant must complete all conditions
of preliminary approval within three years follow-
20.52.010
ing the date of preliminary approval, after which
time the preliminary approval is void. An exten-
sion may be granted by the planning department
for one year if the applicant has attempted in good
faith to complete the requirements of preliminary
approval within the original time period; provided,
however, the applicant must file a written request
with the planning department requesting the exten-
sion at lea~t 30 days prior to the expiration of the
original time period. If the binding site plan was
approved through the public review process this
extension request must be made to the city council.
(Ord. 1986, 1994).
20-34
Chapter 20.52
FINAL REVIEW PROCESS
Sections:
20.52.010 Preliminary approval compliance.
20.52.020 Binding site plan -Requirements.
20.52.030 Binding site plan -Certifications
required -Requirements.
20.52.040 Binding site plan -Title report.
20.52.050 Binding site plan -Survey required.
20.52.060 Approval procedure.
20.52.070 Recording requiremen~~.
20.52.080 Development requirements.
20.52.010 Preliminary approval compliance.
Prior to the submittal of any binding site plan to
the city for final approval, the applicant must dem-
onstrate compliance with all of the conditions of
the preliminary approval and prepare all of the nec-
essary final documents. (Ord. 1986, 1994).
20.52.020 Binding site plan -Requirements.
The final binding site plan shall be drawn on
mylar drafting film having dimensions of 18 inches
by 24 inches and must include the following:
(1) The name of the binding site plan;
(2) Legal description of the entire parcel;
(3) The date. north arrow and appropriate engi-
neering scale as approved by the planning depart-
ment (e.g., I" = 20', I" = 30', 1" = 40', 1" = 50', 1"
= 60'):
(4) Boundary lines, right-of-way for streets,
easements, and property lines oflots and other sites
with accurate bearings, dimensions or angles and
arcs, and of all curve data;
(5) Names and right-of-way widths of all
streets within the parcel and immediately adjacent
to the parcel. Street names shall be consistent with
the names of existing adjacent streets;
(6) Number of each lot consecutively;
(7) Reference to covenants and special restric-
tions either to be filed separately or on the face of
the binding site plan:
(8) Zoning setback lines, building sites when
required by the city;
(9) Location, dimensions and purpose of any
easements, noting if the easements are private or
public;
(10) Location and description of monuments
and all lot comers set and found;
(l l) Existing structures, all setbacks and all
encroachments;
(12) Primary control points, and datum eleva-
tions if applicable, approved by the public works
Marysville Municipal Code
department. Descriptions and ties to all control
points will be shown with dimensions, angles and
bearings;
(13) A dedicatory statement acknowledging
public and private dedications and grants;
(14) Parking areas, general circulation, land-
scaping area when required;
(15) Proposed use and location of buildings
when required;
(16) Loading areas when required;
(17) Other restriction and requirements as
deemed necessary by the city. (Ord. 1986, 1994).
20.52.030 Binding site plan -Certifications
required -Requirements.
(I) A certificate giving a full and correct
description of the lands divided as they appear on
the binding site plan, including a statement that the
division has been made with the free consent and in
accordance with the desires of the owners. If the
binding site plan is subject to a dedication, the cer-
tificate or a separate written instrument shall also
contain the dedication of all streets and other areas
to the public, and an individual or individuals, reli-
. gious society or societies or to any corporation,
public or private or other legal entity as shown on
the binding site plan and a waiver of all claims for
damages against any governmental authority
which may be occasioned to the adjacent land by
the established construction, drainage and mainte-
nance of the road. The certificate of instrument of
dedication shall be signed and acknowledged
before a notary public by all parties having any
ownership interest in the land divided and recorded
as part of the final binding site plan.
(2) A certification by a licensed surveyor,
licensed in the state of Washington, that the bind-
ing site plan survey is accurate and confonns to the
provisions of these regulations and state law;
(3) Certification by planning director that the
binding site plan conforms to all conditions of pre-
liminary approval;
( 4) Certification by city engineer that the bind-
ing site plan conforms to survey data, layout of
streets, alleys and rights-of-way, design of bridges,
sewage and water systems, and all other public
improvements;
(5) A certificate of approval prepared for the
signature of the mayor (applicable to binding site
plans reviewed through the public review process);
(6) Certification by the county treasurer that the
taxes on the described property are current;
(7) Recording certificate for the county auditor.
(Ord. 1986, 1994).
20-35
20.52.080
20.52.040 Binding site plan -Title report.
All binding site plans shall be accompanied by a
title company certification (current within 30 days
from filing of the binding site plan) confinning that
the title of the lands as described and shown on the
binding site plan are in the name of the owner(s)
signing the binding site plan. (Ord. 1986, 1994).
20.52.050 Binding site plan -Survey required.
A survey must be performed for every binding
site plan by or under the supervision of a state of
Washington licensed land surveyor. (Ord. 1986,
1994).
20.52.060 Approval procedure.
(1) Applicants for final binding site plan
approval shall file all required documents meeting
all the requirements of this title with the city plan·
ning department The planning department shall
review the final binding site plan and circulate it to
other city departments to determine whether the
requirements of this title and preliminary approval
have been met.
(2) If the planning director and city engineer
determine that the requirements are met, they shall
approve the binding site plan.
(3) If either the planning director or the city
engineer detennine that the requirements have not
been met, the final binding site plan shall be
returned to the applicant for modification, correc-
tion orother action as may be required for approval.
(4) If the conditions have been met, the plan-
ning director and city engineer shall inscribe and
execute their written approval on the face of the
binding site plan.
(5) If the binding site plan was reviewed
through the public review process, the binding site
plan shall be subject to the final review process out-
lined in Chapter 20.16 MMC. (Ord. 1986, 1994).
20.52.070 Recording requirements.
When the city finds that the binding site plan
proposed for. final approval meets ail the conditions
of final approval, then the applicant shall record the
original of said binding site plan with the Snohom-
ish County auditor. The applicant will also furnish
the city with one reproducible mylar copy of the
recorded binding site plan, and the Snohomish
County assessor shall be furnished one paper copy.
(Ord. 1986, 1994).
20.52.080 Development requirements.
All development must be in conformance with
the recorded binding site plan. (Ord. 1986, 1994).
20.56.010
Chapter 20.56
STANDARDS
Sections:
20.56.010 Approval.
20.56.020 Public use reservations.
20.56.030 Design with environment.
20.56.040 Development with existing structures.
20.56.050 Site-specific energy conservation.
20.56.060 Floodplain regulations.
20.56.070 Landscaping.
20.56.080 Parking.
20.56.090 Loading areas.
20.56. J 00 Outdoor storage.
20.56.110 Signs.
20.56.120 Lots.
20.56.130 Building setbacks.
20.56.140 Fire hydrants.
20.56.150 Access and circulation.
20.56.160 Street frontage.
20.56.170 Sewer improvements.
20.56.180 Waterimprovements.
20.56.190 Drainage improvements.
20.56.200 Clearing and grading.
20.56.210 Utilities improvements.
20.56.220 Easements.
20.56.230 Underground wiring.
20.56.240 Improvements -Smooth transition
required.
20.56.250 Utility improvement plans.
20.56.260 Acceptance of improvements.
20.56.270 Performance guarantee requirements.
20.56.280 Site improvements designated.
20.56.290 Warranty requirements for acceptance
of final improvements.
20.56.300 Survey required.
20.56.310 Dedication Warranty deed.
20.56.010 Approval.
(1) Standards for Binding Site Plans. The stan-
dards set forth in this chapter are to be used. for
binding site plans.
(2) Provisions for Approval. No binding site
plans shall be approved unless appropriate provi-
sions are made for, but not limited to, the public
health, safety, and general welfare. (Ord. 1986,
1994).
20.56.020 Public use reservations.
(1) Street Right-of-Way Realignment, Dedica-
tion or Widening. If the city concludes that the
street right-of-way adjacent to a proposed binding
site plan is inadequate for widening and realign-
ment of the existing street is necessary as a direct
20-36
result of the proposed development, then the city
may require a dedication of necessary right-of-way
and improvement of that right-of-way.
(2) Nothing herein shall prohibit voluntary
agreements with the city that allow a payment in
lieu of dedication of land or to mitigate a direct
impact that has been identified as a consequence of
a binding plan as authorized by Chapter 82.02
RCW. (Ord. 1986, 1994).
20.56.030 Design with environment.
Information generated through the environmen-
tal review process will be used in designing the
development in such a way as to mitigate potential
adverse environmental impacts. (Ord. 1986, 1994).
20.56.040 Development with existing
structures.
In reviewing any project, all existing structures
shall comply with the standard of this title and zon-
ing code requirements. However, if the structures
are nonconforming, the applicant shall bring the
project into compliance with the standards set forth
in this chapter to the maximum extent possible.
This title does not allow the applicant to increase or
intensify the nonconforming nature of the struc-
ture. (Ord. 1986, 1994).
20.56.050 Site-spe<:ific energy conservation.
The use of the site-specific energy schemes shall
be encouraged that best offer opportunities for·
maximum use of southern exposures and the use of
natural climate conditions. (Ord. 1986, 1994).
20.56.060 Floodplain regulations.
Land identified in the Marysville Flood Insur-
ance Study dated February 15, 1984 as amended
from time to time, with accompanying flood insur-
ance maps, as amended from time to time, shall not
be developed unless the requirements of floodplain
regulations are met. (Ordinance No. 1339 as
amended, codified in Chapter 16.32 MMC). (Ord.
1986, 1994).
20.56.070 Landscaping.
Landscaping shall be required on all projects per
zoning code requirements and city standards. (Ord.
1986, 1994).
20.56.080 Parking.
The number of parking stalls shall be provided
per zoning code requirements. All parking Jots
. shall be paved and designed per city standards.
(Ord. 1986, 1994).
Marysville Municipal Code
20.56.090 Loading areas.
Loading areas shall be provided per zoning code
requirements. (Ord. 1986, 1994).
20.56.100 Outdoor storage.
Outdoor storage areas that contain material not
for sale, rent or lease to the public shall be fully
screened from view from all streets and residential
zoning boundary. (Ord. 1986, 1994).
20.56.110 Signs.
All signs shall be per zoning code requirements
and city sign ordinance in Chapter 16.16 MMC.
All signing shall be approved by the city and inte-
grated into the building design and the overall site
plan. (Ord. 1986, 1994).
20.56.120 Lots.
(1) Lot arrangement shall be related to the nat-
ural features of the site and provide a suitable
building site.
(2) Lots in general in a binding site plan do not
have to meet lot requirements of the zoning code,
as long as the city has approved the overall binding
site plan.(Ord. 1986, 1994).
20.56.130 Building setbacks.
AU setbacks for structures shall be the same as
the zoning code; provided, however, when the city
has approved a binding site plan, interior lots may
be approved on a case by case basis. (Ord. 1986,
1994).
20.56.140 Fire hydrants.
(1) Fire hydrants shall be installed per city f'rre
code.
(2) Fire hydrants must be approved and operat-
ing prior to wood framing of buildings. (Ord. 1986,
1994).
20.56.150 Access and circulation:
Ingress, egress and general circulation shall be
approved by the city engineer. {Ord. 1986, 1994).
20.56.160 Street frontage.
Whenever a project is proposed on an existing
public street, frontage shall be improved to current
city standards. (Ord. 1986, 1994).
20.56.170 Sewer improvements.
All sewer improvements shall be per city stan-
dards. (Ord. 1986, 1994).
20-37
20.56.230
20.56.180 Water improvements.
All water improvements shall be per city stan-
dards. (Ord. 1986, 1994).
20.56.190 Drainage improvements.
Drainage improvements shall be required as
specified in MMC Title 14. (Ord. 1986, 1994).
20.56.200 Clearing and grading.
(1) Before any site modification where existing
natural features would be disturbed or removed, a
grading plan must be submitted to the city and
approved by the city showing the extent of the pro-
posed modification.
(2) Debris, waste, trees, timber, junk, rubbish or
other materials of any kind shall not be buried in
any land or deposited in any surface water. ·
(3) All erosion control plans must be in compli-
ance with city standards, and MMC Title 14.
(4) In critical drainage areas, no clearing of!ots
shall be allowed until building permits and/or a
grading permit has been issued. (Ord. l 986, 1994).
20.56.210 Utilities improvements.
All utility facilities shall be per city standards.
(Ord. 1986, 1994).
20.56.220 Easements.
Permanent easements shall be provided for util-
ities and other public services identified at the time
of preliminary site plan approval. (Ord. 1986, .
1994).
20.56.230 Underground wiring.
(I) It is the intent of this provision to eliminate
insofar as possible the installation of overhead
wires and of wire carrying poles being henceforth
developed under this article.
(2) All projects shall have all power lines, tele-
phone wires, television cables, fire alarm systems
and other communication wires, cables or lines
placed in underground location either by direct
burial or by means of conduit or ducts and with the
exception of the city fire alarm system, providing
service to each lot or potential building site in the
plat.
(3) All such underground installations or sys-
tems shall be approved by the appropriate utility
company and shall adhere to all governing applica-
ble regulations including but not limited to the city
and state applicable regulations and specific
requirements of the appropriate utility.
( 4) If the appropriate utility company deter-
mines than an underground system as proposed
above cannot reasonably be installed according to
20.56.240
accepted engineering practices, this requirement
may be waived upon receipt of a written notice
from said utility to the city engineer.
(5) All utility easements within a proposed
binding site plan shall be approved by the appropri-
ate utility company before final acceptance of the
binding site plan and shall be shown in their exact
location on the final drawing of said plat.
(6) Nothing in this section or any other section
of this title in relation to underground wiring shall
apply to power lines carrying a voltage of 15 KV or
more, nor shall it be construed to prohibit the
placement of pad mounted transformers, terminal
pedestals or other electrical and communications
devices above ground, as determined by the appro-
priate utility involved. (Ord. 1986, 1994).
20.56.240 Improvements -Smooth transition
required.
All improvements required by thls title shall be
extended as 'necessary to provide a smooth transi-
tion with existing improvements, both laterally
across the street and longitudinally up and down
the street, for utilities, vehicular and pedestrian
traffic. (Ord. 1986, 1994).
20.56.250 Utility improvement plans.
All street and utility improvement plans shall be
prepared by a state of Washington licensed civil
engineer. All plans shall be prepared on reproduc-
ible mylar material and presented to the city for
approval. (Ord. 1986, 1994).
20.56.260 Acceptance of improvements.
The city engineer is authorized to accept all
improvements and/or right-of-way dedications
required in this title on behalf of the city. (Ord.
1986, 1994).
20.56.270 Performance guarantee
requirements.
(1) Site improvements shall be completed prior
to approval of the final plat or short plat, or at the
discretion of the city engineer. or his designee, a
performance bond may be furnished guaranteeing
such completion within one year from the date of
acceptance of the plat. The performance bond shall
be drawn in favor of the city in the amountspecified
by the city engineer, or his designee, or in lieu of a
bond an equal sum placed in escrow. When all site
improvements have been completed and all monu-
ments and property corners have been properly
placed, according to the required city standards,
and have been approved by the city engineer, or his
20-38
designee, the road bond or balance of money held
in escrow shall be released to the subdivider.
(2) Guarantee funds will not be released by the
city unless approval has been received from all .
applicable departments that are responsible for
acceptance and/or maintenance of such improve-
ments. (Ord. 1986, 1994).
20.56.280 Site improvements designated.
Site improvements shall include, but are not
limited to: grading of entire width of street rights-
of-way, asphalt/concrete surfacing of roadways (as
per city standards contained. in the street code),
curbs, gutters and sidewalks constructed according
to the street code and construction of drainage
facilities included in the preliminary plat. The
developer shall request inspection of the improve-
ments by the city engineer or his designee at the
following times:
(1) Erosion control measures are installed;
(2) Rough grading is complete and prior to
placing pit run;
(3) Storm sewer completion;
( 4) Roadway including curb and gutter comple-
tion; ·
(5) When all improvements, including monu-
ments, have been placed.
All improvements whlch do not meet city stan-
dards shall be immediately replaced or repaired
prior to proceeding. The city engineer, or his des-
ignee, will inform the developer in writing of any
improvements which are not acceptable. (Ord.
1986, 1994).
20.56.290 Warranty requirements for
acceptance of final improvements.
(1) After satisfactory completion of roadway
improvements, including streets, curbs, gutters and
sidewalks, and storm water drainage improve-
ments, and after satisfactory completion of on-site
retention facilities, if any, the owner and/or devel-
oper shall provide to the city a two-year warranty
at 10 percent of all costs incurred for the roads,
. right-of-way improvements and storm drainage
system and shall warrant against defects in the
design, materials and workmanship relating to
such improvements and facilities, and costs of
maintaining and repairing said improvements and
facilities for said two-year period. The amount of
the warranty shall be determined by the city engi-
neer or his designee, and may be increased to as
much as 20 percent of all costs incurred for roads,
right-of-way improvements and storm drainage
systems based on site characteristics/conditions. In
lieu of a surety bond, the city may accept a cash
Marysville Municipal Code
bond, assignment of a bank account, or irrevocable
letter of credit.
(2) For the purpose of this title, final approval
shall not be given until such time as all of the
required improvements have been satisfactorily
installed in accordance with the requirements of
preliminary approval and tbe approved road and
storm plans, or bonded for as mentioned above.
(Ord. 1986, 1994).
20.56.300 Survey required.
(1) A survey must be conducted by or under the
supervision of a registered land surveyor licensed
in the state of Washington. The surveyor shall cer-
tify on the binding site plan that it is a true and cor-
rect representation of the lands actually surveyed
and the survey was done in accordance with city
and state law.
(2) In all binding site plans, lot corners must be
set before final approval can be granted.
(3) In all binding site plans, perimeter monu-
ments must be set before final approval can be
granted.
( 4) In all binding site plans, control monuments
must be set before final acceptance of public
improvements. Performance guarantees must
include the installation of all control monuments.
Control monuments must be installed per city
design and construction standards.
(5) In all binding site plans, where final
approval is to be granted by the acceptance of a
performance guarantee, lot corner and perimeter
monuments must be set. The performance guaran-
tee must include the resetting of any monument
that has been lost during construction of public
improvements. (Ord. 1986, 1994).
20.56.310 Dedication -Warranty deed.
Any dedication, donation or grant as shown on a
binding site plan shall be considered a statutory
warranty deed to the said grantee for the use
intended. (Ord. 1986, 1994).
20-39
20.60.010
Chapter 20.60
MODIFICATIONS
Sections:
20.60.010 Modification.
20.60.010 Modification.
(1) Any applicant can request and make appli-
cation to the city requesting a modification from
the requirements of MMC 20.56.030 through
20.56.130.
(2) For a modification of 25 percent or less, it
shall be considered by the planning director as an
administrative decision.
(3) For a modification of more than 25 percent,
it shall be considered by the hearing examiner at a
public hearing.
(4) The modification shall not be granted by the
planning director or hearing examiner until the fol-
lowing criteria have been established:
(a) There are exceptional circumstances or
conditions such as: locations of existing structures,
lot configuration, topographic or unique physical
features that apply to the subject property which
prohibit the applicant from meeting the standards
of this title;
(b) The authorization of the modification or
variation will not be detrimental to the public wel-
fare or injurious to property in the vicinity or zone
in which the property is located;
(c) A hardship would be incurred by the
applicant if he/she complied with the strict applica-
tion of the regulations. The filing of an application
with the city requesting a modification for varia-
tion shall stay the running of the time period for
binding site plans and development plans. (Ord.
1986, 1994).
20.64.010
Chapter 20.64
APPEALS
Sections:
20.64.010 Appeals to hearing examiner.
20.64.010 Appeals to hearing examiner.
(1) An appeal of the decision relating to the
binding site plan shall be made to the hearing
examiner. Such an appeal must be made in writing
and filed with the office of the hearing examiner
within 14 calendar days from the date on which the
decision was rendered.
(2) The written appeal shall include a detailed
explanation stating the reason for the appeal. The
decision of the hearing examiner shall constitute a
recommendation to the city council, pursuant to
MMC 2.70.130.
(3) Standing to appeal is limited to the follow-
ing:
· (a) The applicant or owner of the property
on which the binding site plan is proposed;
(b) Any aggrieved person who will thereby
suffer a direct and substantial impact from the pro-
posed binding site plan; and
(c) RCW 58.17.180 grants standing to prop-
erty owners within 300 feet of the subject property.
(Ord. 1986, 1994).
20-40
Chapter 20.68
ENFORCEMENTANDPENALTIES
Sections:
20.68.010 Enforcement.
20.68.020 Violation -Nuisance declared.
20.68.030 Provisions not exclusive.
20.68.040 Severability.
20.68.050 Savings.
20.68.010 Enforcement.
The auditor shall refuse to accept for recording
any binding site plan which does not bear the veri-
fication of approval as defined by this title. The
city attorney is authorized to commence an action
to restrain and enjoin a violation of this title and
compel compliance with the provisions of this title.
The costs of such action shall be taxed against the
violator. (Ord. 1986, 1994).
20.68.020 Violation -Nuisance declared.
Any violation of the provisions of this title con-
stitutes a public nuisance per se which the city can
abate by an action in Snohomish County superior
court. All costs of such action, including attorney
fees, shall be taxed against the violator. (Ord. 1986,
1994).
20.68.030 Provisions not exclusive.
Penalty and enforcement provisions in this title
are not exclusive, and the city may pursue any rem-
edy or relief it deems appropriate. (Ord. 1986,
1994).
20.68.040 Severabillty.
If any provision of this title shall be declared
unconstitutional or invalid by any court of compe-
tent jurisdiction, it shall be conclusively presumed
that this title would have been enacted without the
provision so held unconstitutional or in1(alid, and
the remainder of this title shall not be affected as a
result of said part being held unconstitutional or
invalid. (Ord. 1986, 1994).
20.68.050 Savings.
Nothing contained in this title shall be construed
as abating any action now pending under or by vir-
tue of any ordinance of the city herein repealed, or
as discontinuing, abating, modifying or altering
any penalty accrued or to accrue, or as affecting the
liability of any person, firm or corporation, or as
waiving any right of the city under any ordinance
or provision thereof in force at the time of passage
of this title. (Ord. 1986, 1994).
Marysville Municipal Code
Article III. Boundary Line Adjustments
Chapter 20.72
GENERAL PROVISIONS
Sections:
20.72.010 Title for citation.
20.72.020 Jurisdiction.
20.72.030 Purpose.
20.72.040 Administration.
20.72.010 Title for citation.
This article shall be known as the boundary line
adjustment ordinance of the city of Marysville, and
the requirements set forth in this article are appli-
cable to all boundary line adjustments. (Ord. 1986,
1994).
20.72.020 Jurisdiction.
These regulations shall apply to all boundary
line adjustments within the incorporated area of the
city of Marysville. (Ord. 1986, 1994).
20.72.030 Purpose.
(1) The purpose of this article is to provide a
method for approval of boundary line adjustments
which does not create any additional lot, tract, par-
cel, building site or division, while insuring that
such boundary line adjustment satisfies public con-
cerns of health, safety and welfare. The boundary
line adjustment ordinance shall not be utilized as a
substitute for comprehensive subdividing or short
subdividing in accordance with the requirements of
the city's subdivision ordinance and Chapter 58.17
RCW.
(2) It is further the purpose of this article to pro-
vide for and promote the health, safety and welfare
of the general public, and not to create or otherwise
establish or designate any particular class or group
of persons who will or should be especially pro-
tected or benefited by the terms of this title.
(3) It is the specific intent of this article to place
the obligation of complying with its requirements
upon the property owner and applicant, and no pro-
vision or term used in this ordinance is intended to
impose any duty whatsoever upon the city or any of
its officers, employees, or agents for whom the
implementation or enforcement of this article shall
be discretionary and not mandatory.
(4) Nothing contained in this article is intended
to be, nor shall be, construed to create or form the
basis for any liability on the part the city, or its
officers, employees or agents, for any injury or
20-41
20.72.040
damage resulting from the failure to comply with
this article, or by reason or in consequence of any
inspection, notice, order, certificate, permission or
approval authorized or issued or done in connec-
tion with the implementation or enforcement of
this article, or by reason of any action or inaction
on the part of the city related in any manner to the
enforcement of this article by its officers, employ-
ees, or agents. (Ord. 1986, 1994 ).
20.72.040 Administration.
The planning director shall have the duty and
responsibility of administering the provisions of
this article with the authority to promulgate rules
and regulations to implement and administer this
article. (Ord. 1986, 1994).
20.76.010
Chapter 20.76
DEFINITIONS
Sections:
20.76.010 Applicant.
20.76.020 Boundary line adjustment.
20.76.030 Boundary lines.
20.76.040 Boundary line adjustment/survey map.
20.76.050 Building site.
20.76.060 City.
20.76.070 Department.
20.76.080 Planning director.
20.76.090 Environmentally sensitive areas.
20.76.100 Lot.
20.76.110 Lot line.
20.76.120 Nonconfining lot.
20.76.130 Parcel.
20.76.140 Public street.
20.76.150 Tract.
20.76.160 Zoning code.
20.76.010 Applicant.
Any person or corporation proposing a bound-
ary line adjustment of any lot, tract, parcel, build-
ing site or division. (Ord. 1986, 1994).
20.76.020 Boundary line adjustment.
A division made for the purpose of adjusting lot
lines between platted and unplatted lots or both
which does not create any additional lot, tract, par-
cel, building site or division, nor create any Jot,
tract, parcel, building site or division which con-
tains insufficient area and dimension to meet min-
imum requirements as specified by the city's
zoning code for width and area for Jots, tracts, par-
cels, building sites. (Ord. 1986, 1994).
20.76.030 Boundary lines.
Lines that separate and establish an area with
fixed limits for lots, tracts, parcels or building sites.
(Ord. 1986, 1994).
20.76.040 Boundary line adjustment/survey
map.
A drawing to scale showing all the required
information as specified in MMC 20.80.040(1).
(Ord. 1986, 1994).
20.76.050 Building site.
Portion of a lot occupied or to be occupied by a
building(s). (Ord. 1986, 1994).
20.76.060 City.
The City of Marysville. (Ord. 1986, 1994).
20-42
20.76.070 Department.
The city's planning and building department.
(Ord. 1986, 1994).
20.76.080 Planning director.
Appointed by the mayor to administer the
department of planning and building. (Ord. 1986,
1994).
20.76.090 Environmentally sensitive areas.
Those areas regulated by Chapter 18.28 MMC,
and their buffers. (Ord. 1986, 1994).
20.76.100 Lot.
A fractional part of legally divided lands having
fixed boundaries and being of sufficient area and
dimension to meet minimum zoning requirements
for width and area; and the term "lot" includes
tracts and parcels. (Ord. 1986, 1994).
20. 7 6.110 Lot line.
A line of record that divides a lot from another
lot or from a public or private street or alley. (Ord.
1986, 1994).
20. 7 6.120 Nonconfming Jot.
A legally established lot, tract or parcel, the area
dimensions or location of which met the applicable
zoning code requirements in effect at the time the
lot, tract or parcel was created, but which falls by
reason of such adoption, revision or amendment of
the zoning code to conform to the present require-
ments of the zone in which it is located. (Ord. 1986,
1994).
20.76.130 Parcel.
See definition for lot. (Ord. 1986, 1994).
20.76.140 Public street.
A right-of-way which provides vehicular and
pedestrian access to adjacent properties, which the
city has officially accepted into its street system.
(Ord. 1986, 1994).
20.76.150 Tract.
See definition for lot. (Ord. 1986, 1994).
20.76.160 Zoning code.
City of Marysville zoning ordinance, MMC
Title 19. (Ord. 1986, 1994).
Marysville Municipal Code
Chapter 20.80
REVIEW PROCESS
Sections:
20.80.010 Application submittal.
20.80.020 Review process.
20.80.030 Approval.
20.80.040 Infonnation for recording.
20.80.050 Survey required.
20.80.060 Recording.
20.80.010 Application submittal.
(1) Application Fees. The applicant shall pay
the required fees as established by the city's fee
ordinance when submitting the boundary line
adjustment application. Note: county recording
fees are the applicant's responsibility and must be
paid to the county auditor by the applicant at the
time of recording.
(2) Application Documents. A boundary line
adjustment application shall consist of the follow-
ing documents: application fonn, legal descriptions
of existing and adjusted lot, tract, parcel or building
site, affidavit of ovmership, vicinity map, boundary
line adjustment certificate including proof of legal
lot status, declaration of legal documentation, and
proposed boundary line adjustment/survey map.
The city shall provide appropriate fonns and appli-
cation instructions. (Ord. 1986, 1994).
20.80.020 Review process.
(1) Action by the Department. If the boundary
line adjustment application is complete and the
required fee is paid, the department shall accept the
application and conduct a city review.
(2) Action by Other City Departments. The
department will circulate copies of the proposed
boundary llne adjustment application to the city's
building, fire, and public works departments. Each
department shall provide the department with rec-
ommendations within 10 calendar days from the
time a completed application is received.
(3) Factors Considered by the Department. In
order for a boundary line adjustment to ·be
approved, it must comply with all of the following
criteria. Failure to comply with any of the follow-
ing criteria will result in denial:
(a) Boundary lines may not be adjusted
which will result in the creation of any :!dditional
lot, tract, parcel, building site or division, nor cre-
ate any lot, tract, parcel, building site or division
which contains insufficient area dimension to meet
the minimum requirements as specified by the
city's zoning code for lots, tracts, parcels or build-
20-43
20.80.040
ing sites, except as pennitted in subdivision ( 4) of
this subsection; and
(b) Boundary lines may not be adjusted
between lots which have been created for tax pur-
poses only. The applicant shall provide evidence of
legal lot status; and
(c) Boundary lines may not be adjusted
where the adjustment will result in an increase in
the potential number of dwelling units on lots,
tracts, parcels or building sites permitted; and
( d) Boundary lines of nonconforming lots
may not be adjusted where the adjustment of the
line(s) will result in making the lots, tracts, parcels
or building sites more nonconforming; and
(e) Boundary lines may not be adjusted
when the adjustment will result in the city being
unable to provide adequate utilities; and
(f) Boundary lines may not be adjusted
when the adjustment will result in inadequate
frontage on a public street; and
(g) Boundary lines may not be adjusted
where the adjustment will result in an inadequate
building site for any lot containing area defined as
environmentally sensitive; and
(h) Boundary lines may not be adjusted
where the adjustment will result in a violation of a
city or state code.
(4) Decision. Following review of the applica-
tion, a written notice of approval or disapproval
shall be issued to the applicant within 30 calendar
days of receiving the completed application. (Ord.
1986, 1994).
20.80.030 Approval.
Time Limits For Approval. The applicant must ·
submit and complete all required documents as
specified by this title within six months following
the date of approval. Failure to submit and com-
plete the required documents within the six-month
period will result in lapse of the approval, requiring
the submittal of a new application for consideration
of the department. No time extension will be
granted; the final required documents must be
recorded within the above stated time frame. (Ord.
1986, 1994).
20.80.040 Information for recording.
Infonnation for recording must include the fol-
lowing:
(1) Original Mylar of Boundary Line Adjust-
ment/Survey Map. After the city has given the
applicant approval, the applicant shall submit the
original mylar map, a photo mylar map and two
blue line maps prepared by a registered land sur-
veyor, drawn in ink on mylar, having a trimmed
20.80.040
size of 18 by 24 inches. If authorized by the city,
the applicant may submit two photo mylars instead
of the one original and one photo mylar. Informa-
tion required on the map shall include:
{a} The date, scale and north arrow;
(b) Boundary lines (both present and
revised), right-of-way for streets, easements and
property lines of Jots, tracts, parcels or sites, with
accurate bearings, dimensions or angles and arcs,
and central angles of all curves;
(c) Names and right-of-way widths of all
streets;
( d) Number of each Jot, trac~ parcel or
building site and each block;
(e) Description of private covenants and
special restrictions;
(f) Location, dimensions and purpose of any
easements;
(g) Location and description of monuments
and lot, tract, parcel or building site comers set and
found;
(h) If required to define flood elevations or
other features relative to the lot, then datum eleva-
tions and primary control points approved by the
city. Descriptions and ties to all control points will
be shown with dimensions, angles and bearings;
(i) Designation by phantom letters of the
lot(s}, tracts, parcels or building sites existing prior
to the boundary line adjustment, and designation
by solid letters of the proposed lots, tracts, parcels
or building sites;
(j) Special setback lines when different ·
from city's zoning code;
(k) A dedicatory statement acknowledging
any public or private dedications, donations or
grants;
(I) Location of existing structures, utilities,
setbacks, encroachments and area of all lots, tracts,
parcels or building sites after adjustment;
(m) The file number of the boundary line
adjustment must be on the boundary line adjust-
ment/survey map with the legal description of the
total area being adjusted before the boundary line
adjustment/survey is ready for recording.
(2) Certificates.
(a) "Examined, found to be in conformity
with applicable zoning and other land use controls,
and approved this __ day of __ , 19 _.
Planning Director"
(b) "I hereby certify that this boundary line
adjustment is based upon an actual survey and sub-
division of Section ___ , Township _ North,
Range _ EWM; that the distances, courses and
angles are shown thereon correctly; that the monu-
20-44
ments shall be set and lot corners shall be staked
correctly on the ground, that I fully complied with
the provisions of the state and local statutes and
regulations governing surveying.
Licensed Land Surveyor
(Seal)"
(c) Vicinity Map. A vicinity map clearly
identifying the location of the property shall be
submitted.
( d) Legal Descriptions. All boundary line
adjustment application submittals shall include
legal descriptions of the existing and proposed lots,
tracts, parcels or building sites. The applicant is
also required to submit a legal descriptions for the
area being conveyed at the time of the application.
All legal descriptions must be prepared by a
licensed surveyor in the state of Washington, attor-
ney, or title company.
(e) Affidavit of Ownership. All boundary
line adjustment appllcation submittals shall be
accompanied by a notarized signature of the
owner, and owners of the property subject to the
boundary line adjustment. Those signing as owners
must conform to those designated as owners in the
boundary line adjustment certificate. The record-
ing number of the boundary line adjustment/survey
map shall be on the affidavit of ownership form.
(f) Declaration of Legal Documentation. All
boundary line adjustment application submittals
shall be accompanied by a notarized statement con-
taining:
(i) The signatures of owner, or owners of
the property subject to the boundary line adjust-
ment, declaring that they are solely responsible for
securing and executing all necessary legal advice
or assistance concerning the legal documents nec-
essary to transfer title to those portions of the prop-
erties involved in the boundary line adjustment;
and
(ii) a declaration that the legal documents
necessary to transfer title to the property in ques-
tion bave been prepared and executed so that upon
the recording of the boundary line adjustment, the
title to the propenies will accurately reflect the new
configuration resulting from the boundary line
adjustment as approved by the city.
(g) Boundary Line Adjustment Certificate.
All boundary line adjustment application submit-
tals shall be accompanied by a boundary line
adjustment cenificate current to within 30 days of
date submitted from a title company that certifies
the following:
(i) The legal description of all Jots, par-
cels, tracts or building sites to be adjusted; and
\
}
Marysville Municipal Code
(ii) The names of the owners of any lots,
tracts, parcels or building sites to be adjusted; and
(iii) Any easements, restrictions or cove-
nants affecting the property to be adjusted, with a
description of such easements, restrictions and
covenants. (Ord. 1986, 1994).
20.80.050 SuJ:Vey required.
(1) A survey for a boundary line adjustment
must be conducted by or under the supervision of a
registered Washington State licensed land sur-
veyor. The surveyor shall certify on the boundary
line adjustment/survey (mylar) map that it is a true
and correct representation of the lands actually sur-
veyed, in accordance with city and state law.
(2) The survey must indicate that all lot comers
are staked. The survey must also show all
encroachment(s), buildings and setbacks from
property lines.
(3) A record of survey must be filed with the
county auditor in accordance with Chapter 58.09
RCW.
(4) Based on the complexity of the proposed
boundary line adjustment the planning director
may waive the requirement for survey on a case-by-
case basis. (Ord. 1986, 1994).
20.80.060 Recording.
Recording with Auditor. When the boundary
line adjustment proposed for recording has been
signed by the planning director, and the applicant
has complied with all of the requirements of this
title and state law, then the applicant shall record
the original boundary line adjustment/survey map
and the original affidavit of ownership with the
county auditor. The applicant will also furnish the
city with one reproduced photo copy of the
recorded boundary line adjustment/survey map.
After this has been done and the boundary line
adjustment has been properly recorded, the bound-
ary line adjustment will become valid. The appli-
cant is responsible for recording the boundary line
adjustment and paying all associated recording
fees. It shall be a violation of this title for anyone
to record a boundary line adjustment which does
not bear the verification of approval as defined by
this title. (Ord. 1986, 1994).
20-45
20.84.030
Chapter 20.84
APPEALS
Sections:
20.84.010 Boundary line adjustments -Appeals
to hearing examiner.
20.84.020 Time period stay -Effect of appeal.
20.84.030 Appeal to court.
20.84.010 Boundary line adjustments -
Appeals to hearing examiner.
(1) All appeals of decisions relating to bound-
ary line adjustments shall be made to the hearing
examiner. Such appeals must be made in writing
and filed wlth the office of the hearing examiner
within 14 calendar days from the date on which the
decision was rendered.
(2) The written appeal shall include a detailed
explanation stating the reason for the appeal. The
decision of the hearing examiner shall constitute a
recommendation to the city council, pursuant to
MMC 2.70.130.
(3) Standing to appeal is limited to the follow-
ing:
(a) The applicant or owner of the property
on which the boundary line adjustment is pro-
posed;
(b) Any aggrieved person will thereby suf-
fer a direct and substantial impact from the pro-
posed boundary line adjustment. (Ord. 1986,
1994).
20.84.020 Time period stay-:-Effect of appeal.
The filing of an appeal shall stay the running of
the time periods for boundary line adjustment
approval as are set forth in this title. (Ord. 1986,
1994).
20.84.030 Appeal to court.
Any appeals from a decision approving or disap-
proving a boundary line adjustment shall be in
accordance with RCW 58.17.180 and shall be filed
with the court only after all administrative appeals
as set forth herein have been exhausted. (Ord.
1986, 1994).
20.88.010
Ch•wter 20.88 ·
ENFOR~ENT AND PENALTIES
Sections:
20.88.010 Violation.
20.88.020 Severability.
20.88.030 Savings.
20.88.010 Violation.
(1) Penalty. Any person, firm or corporation, or
association, or any agent of any person, finn or cor-
poration, or asspeiation who violates any provision
of this title shall be guilty of a misdemeanor, and
upon conviction thereof, shall be punishable by a
fine not to exceed $1,000, or imprisonment in jail
not to exceed 90 days, or both imprisonment and
fine. Each separate day, or any portion thereof, dur-
ing which any violation of any provision of this
title occurs or continues, shall be deemed a sepa-
rate and distinct offense.
(2) Civil Action. Any violation of the provi-
sions of this title constitutes a public nuisance per
se which the city can abate by an action in Snohom-
ish County Superior Court. The city attorney is au-·
thorized to commence an action to restrain and
enjoin a violation of this ordinance and compel
compliance with the provisions of this title. The
cost of such action shall be truced against the viola-
tor. .
(3) Enforcement Provisions. Penalty and en-
forcement provisions provided in this title are not
exclusive, and the city may pursue any remedy or.
relief deemed appropriate. (Ord. 1986, 1994).
20.88.020 Severability.
If any provision of this title shall be declared
unconstitutional or invalid by any court of compe-
tent jurisdiction, it shall he conclusively presumed
that this title would have been enacted without the
provision so held unconstitutional or invalid, and
the remainder of this title shall not be affected as a
result of said part being held unconstitutional or
invalid. (Ord. 1986, 1994).
20.88.030 Savings.
Nothing contained in this title shall be construed
as abating any action now pending under or by vir-
tue of any ordinance of the city herein repealed, or
as discontinuing, abating, modifying or altering any
penalty accrued or to accrue, or as affecting the lia-
bility of any person, firm or corporation, or as waiv-
ing any right of the city under any ordinance or pro-
vision thereof in force at the time of passage of the
ordinance codified in this title. (Ord. 1986, 1994).
20-46