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HomeMy WebLinkAboutO-2151,- /-~'P.,J. 1_~.7ik,. /-9~ CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.)../s/ AN ORDINANCE OF THE CITY OF MARYSVILLE MAKING TECHNICAL REVISIONS AND CORRECTIONS TO TITLE 19 OF THE MARYSVILLE MUNICIPAL CODE(THE"ZONING CODE"), INCLUDING THEFOLLOWING: (1) TO CHAPTER 19.06 MMC ADDING NEW DEFINITIONS FOR ADULT FAMILY HOME, BUILDING FACADES,PEOPLE WITH FUNCTIONAL DISABILITIES AND RESIDENTIAL CARE FACILITIES;AMENDING DEFINITIONS FOR DAY CARE ESTABLISHMENTS, DWELLING UNIT, MULTI-FAMILY AND REPEALING THE DEFINITION OF GROUP CARE FACILITY;(2) TO CHAPTER 19.08 MMC AMENDING THE RESIDENTIAL LAND USE TABLE, THE NOTES AFFECTING DAY CARE, THE ZONES IN WHICH MISCELLANEOUS RENTAL EQUIPMENT AND AUTOMOBILE HOLDING YARD ARE OR MAY BEPERMITTED,AND EXCLUDING ADULT ENTERTAINMENT FACILITIES IN CERTAIN ZONES; (3) TO CHAPTER 19.12 MMC AMENDING THE CALCULATION METHOD FOR ALLOWABLE DWELLING UNITS AND ADDRESSING PARKING LOTS AND DRIVE AISLES AND INCREASING THE MAXIMUM DENSITY FORDUPLEXES IN THE R-4.5 ZONE FROM FIVE TO SIX UNITS PER ACRE; (4) TO CHAPTER 19.14 MMC CLARIFYING PARKING REQUIREMENTS FOR COMMERCIAL DEVELOPMENT; (5) TO CHAPTER 19.20 MMC AMENDING WHEREPOLE SIGNS ARE PERMITTED; (6) TO CHAPTER 19.24 MMC CHANGING CROSS-REFERENCES TO CHAPTER 19.06 MMC;(7) TO CHAPTER 19.44 MMC CHANGING THE MANNER OFCONSIDERATION OF APPLICATIONS FOR CONDITIONAL USES; (8) TO CHAPTER 19.50 MMC CHANGING VESTING; AND (9) TO CHAPTER 19.60 MMC AMENDING FEES FOR APPLICATIONS FOR HOME OCCUPATIONS. WHEREAS,on or about June 2,1997 the City Council approved and enacted a new Zoning Code for the City of Marysville;and WHEREAS,the need for certain technical corrections to the provisions of the Zoning Code has been observed;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.Chapter 19.06 of the Marysville Municipal Code is hereby amended to enact the following new sections: ORDINANCE - 1 Imv/title19.ord 19.06.019 Adult Family Home means the regular family abode of a person or persons who are providing personal care,room and board to more than one (1)but not more than four (4)adults who are not related by blood or marriage to the person or persons providing the services;except that a maximum of six (6)adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (RCW 70.128.010) 19.06.071 Building Facade.The front of the building and any street wall face. 19.06.379 People With Functional Disabilities means: A. a person who because of a recognized chronic physical or mental condition or disease is functionally disabled to the extent of: 1.needing cure,supervision or monitoring to perform activities of daily living or instrumental activities of daily living,or 2.needing support to ameliorate or compensate for the effects of a functional disability so as to lead as independent a life as possible,or 3.having a physical or mental impairment which substantially limits one or more of such person's major life activities,or 4.having a record of having such an impairment,or B.being regarded as having such an impairment, but such term does not include current,illegal use of or active addiction to a controlled substance. 19.06.426 Residential Care Facility.A facility, licensed by the state,that cares for at least five (5) but not more than fifteen (15)people with functional disabilities,that has not been licensed as an adult family home pursuant to RCW 70.128.175. Section 2.Section 19.06.125(2)of the Marysville Municipal Code,which reads as follows: ORDINANCE - 2 /mv/title19.ord A building The term 2.Day care establishments are subclassified as follows: (a)Day care I --a maximum of 12 adults or children in any 24-hour period;and, (b)Day care II --over 12 adults or children in any 24-hour period. is hereby repealed,and a new Section 19.06.125(2)is hereby enacted reading as follows: 2.Day care establishments are subclassified as follows: (a)Day care I --A facility licensed by the State Department of Social and Health Services to provide day care to a maximum of twelve (12)adults or children in any 24-hour period;and (b)Day care II --A facility licensed by the State Department of Social and Health Services to provide day care to over twelve (12)adults or children in any 24-hour period. Section 3.Section 19.06.148 of the Marysville Municipal Code,which reads as follows: 19.06.148 Dwelling Unit,Multi-Family. containing three (3)or more dwelling units. includes triplexes,four-plexes,apartments, condominiums and the like.It does not include boarding houses,motels or hotels. is hereby repealed,and a new Section 19.06.148 is hereby enacted reading as follows: 19.06.148 Dwelling Unit,Multi-Family.A building containing three (3)or more dwelling units,or units when above a ground floor commercial use.The term includes triplexes,four-plexes,apartments, condominiums and the like.It does not include boarding houses,motels or hotels. Section 4. Municipal Code, its entirety. Section 19.06.245 of the Marysville Group Care Facility,is hereby repealed in Section 5.Section 19.08.030(1)of the Marysville Municipal Code,Residential Land Uses table,is hereby ORDINANCE - 3 (mv/title19.ord revised to repeal all references to a group care facility and to identify and enact specific land uses consisting of an adult family home(s)and residential care facilities under Group Residences and permitting each in the RU, R 4.5,R 12, NB, CB, DC,GC and MU zones,the Land Use Table under Group Residences as amended hereby reading as follows: SPECIFIC RU R 4.5-8 R 12-28 NB CB GC DC MU BP LI GI LAND USE Adult Family P P P P P P P P Home Convalescent,C2 C2 C P P C nursing, retirement Residential P P P P P P P P Care Facility Section 6.Section 19.08.050(2)(3)of the Marysville Municipal Code,which reads as follows: 3.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.Outdoor play equipment shall maintain a minimum distance of 20 feet from property lines adjoining residential zones; c.Only two non-resident staff are present on-site at anyone time;and d.Outdoor play yards or equipment shall not be located within any required street setback. is hereby repealed,and a new subsection 19.08.050(2)(3)is hereby enacted reading as follows: 3.Only as an accessory to residential use,provided: a.The facility is certified by the State Department of Licensing as providing a safe passenger loading area; ORDINANCE - 4 /mv/title19.ord b.The day care provider has provided written notification to immediately adjoining property owners of the intent to locate and maintain such a facility. Section 7.MMC 19.08.060(1),Government/Business Service Land Use Table,is hereby amended to repeal the existing entries for miscellaneous equipment rental and automobile holding yard and to enact and permit the said land uses for miscellaneous equipment rental and automobile holding yard as follows: SPECIFIC RU R 4.5-8 R 12-28 NB CB GC DC MU BP LI GI LAND USE Miscellaneous P2,C P2,P P Rental 15 16 15 Equipment Automobile C P P Holding Yard Section 8.Section 19.08.060(2)of the Marysville Municipal Code,Development Conditions,is hereby amended,and a new number 16 is enacted,reading as follows: 16.With outdoor storage and heavy equipment. Section 9.Section 19.08.070(2)of the Marysville Municipal Code,Development Condition 4,which reads as follows: 4.Excluding drinking places such as taverns,bars,etc. is hereby repealed,and a new Development Condition 4 is enacted reading as follows: 4.Excluding drinking places such as taverns and bars and adult entertainment facilities. Section 10.Section 19.12.030(2)(2)of the Marysville Municipal Code,which reads as follows: 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 "Duplex Disclosure",and comply with the density 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). ORDINANCE - 5 /mv/title19.ord is hereby repealed,and a new Section 19.13.030(2)(2)is enacted reading as follows: 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 "Duplex Disclosure," and comply with the density requirements of the Comprehensive Plan (6 units per acre for the R-4.5 zone and 8 units per acre for the R-6.5 and R-8 zones). Section 11.Section 19.12.060 of the Marysville Municipal Code, which reads as follows: 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. is hereby repealed,and a new Section 19.12.060 is hereby enacted reading as follows: 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: l. provided 10%;and 2 . Fractions of .50 or above shall be rounded up, this will not exceed the base density by more than Fractions below .50 shall be rounded down. Section 12.Section 19.14.070(1)of the Marysville Municipal Code,which reads as follows: ORDINANCE - 6 /mv/title19.ord 19.14.070 Multiple family,townhome,and group residences Vehicular access and parking location. (1)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. is hereby repealed,and a new Section 19.14.070(1)is hereby enacted reading as follows: 19.14.070 Commercial,multiple family,townhome,and group residences -Vehicular access and parking location. (1)On sites abutting an alley,commercial,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. Section 13.Section 19.16.090 of the Marysville Municipal Code, Table 1,is hereby amended and under the column headed "Proposed Use,"the proposed use "commercial,industrial &business park, parking areas and drive aisles"is hereby repealed,and enacted as the identification for the proposed use instead of "Commercial, industrial &business park,parking areas and drive aisles"is "Parking lots and drive aisles." Section 14.Section 19.20.200(3)(d)of the Marysville Municipal Code,which reads as follows: (d)Pole signs are not permitted in the Community Business zone along 88th Street NE,between 1-5 and State Avenue NE,and in the Mixed Use zone. is hereby repealed,and a new Section 19.20.200(3)(d)is hereby enacted reading as follows: (d)Pole signs are not permitted in the Community Business and General Commercial zones along 88th Street NE,located between 1-5 and State Avenue NE.Pole signs are not permitted in the mixed use zone. Section 15.Section 19.24.220 of the Marysville Municipal Code, which reads as follows: ORDINANCE - 7 /mv/title19.ord 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, III,or IV according to the criteria established in MMC 19.24.180. is hereby repealed,and a new Section 19.24.220 is enacted reading as follows: 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, III,or IV according to the criteria established in MMC Chapter 19.06. Section 16.Section 19.24.320(1)of the Marysville Municipal Code which reads as follows: (1)Existing and ongoing agricultural activities,as defined in MMC 19.24.040,and any lands designated long-term commercially significant agricultural lands; is hereby repealed,and a new Section 19.24.320(1)is enacted reading as follows: (1)Existing and ongoing agricultural activities,as defined in Chapter 19.06 MMC,and any lands designated long-term commercially significant agricultural lands; Section 17.Section 19.44.060 of the Marysville Municipal Code which reads as follows: 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 lack of immediate A nonconforming use or structure should not result in compatibility with existing and potential uses in the 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. ORDINANCE - 8 fmv/title19.ord (3)Adequate provisions must be made for public improvements such as sewer,water,drainage,pedestrian circulation and vehicle circulation,both on-site and off-site. (4)Concerns of adjacent property owners and the general public must be properly considered. is hereby repealed,and a new Section 19.44.060 is enacted reading as follows: 19.44.060 Conditional Uses The Department shall have authority to grant conditional use permits referred to in this chapter.The procedures used by the Department shall comply with Chapter 19.52 MMC.The Department shall apply the following criteria: (1) a lack of immediate A nonconforming use or structure should not result in compatibility with existing and potential uses in the area. (2)Adverse impacts of a nonconforming use or structure must be mitigated by site design elements such as landscaping, provision for parking,elimination of outside storage,and general visual improvement of the property. (3)Adequate provisions must be made for public improvements such as sewer,water,drainage,pedestrian circulation and vehicle circulation,both on-site and off-site. (4)Concerns of adjacent property owners and the general public must be properly considered. Section 18.Section 19.50.035(4)of the Marysville Municipal Code,which reads as follows: 4.This section vests only conditional use permits. Vesting for other development permits shall be governed by other applicable titles. is hereby repealed,and a new Section 19.50.035(4)is hereby enacted, reading as follows: 4.This section vests only conditional use permits. Vesting for other development permits shall be governed by other applicable titles.No rights shall vest by virtue of any application for a zone reclassification. Section 19.Section 19.60.020 of the Marysville Municipal Code, Schedule of Planning,Zoning and Land Use Fees,the left-hand column entry,which reads as follows: ORDINANCE - 9 Imv/title19.ord Home occupation,bed &breakfast,accessory dwelling unit, or other similar administrative approval is hereby repealed,and at the same place in the schedule a new heading is enacted charging the self-same $100 fee reading as follows: Bed &breakfast,accessory dwelling unit,or other similar administrative approval Section 20.Section 19.60.020 of the Marysville Municipal Code, Schedule of Planning,Zoning and Land Use Fees,is hereby amended, and enacted is a new entry to be added to the end of said schedule, reading as follows: Home occupation administrative approval $25.00 Section 21.Section 20 of this ordinance is hereby made effective retroactive to June 2,1997,and anyone having paid a fee greater than $25.00 for home occupation administrative approval on or after June 2,1997 shall receive a refund for funds paid greater than $25.00. Section 22.If any section,subsection,sentence,clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section,subsection, sentence,clause,phrase or word of this ordinance. day PASSED by the City of ~~tQ~~Qr,1997.o«"beY" Council and APPROVED by the Mayor this d-~ CITY OF MARYSVILLE MAYOR :~~CLERK ORDINANCE -10 Imv/title19.ord Approved as to form: By .Jl~1<'W~ CITY ATTORNEY Date of Publication:,0 I~11_'1'--1-'-----__ Except as provided otherwise effective date (5 days after ORDINANCE -11 fmv/title19.ord in this ordinance,) / publication):/I::i 97r'