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HomeMy WebLinkAboutO-2410 - Amends Sec. 19.08.030, 19.08.050, 19.08.060, 19.08.070 and 19.08.080, zoning (Repealed by 2852)-,. L -- riUo·. CI TY OF MARYSVILLE Marysville, Washington ORDINANCE NO. ')t/-1() AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING SECTIONS 19.08.030 (RESIDENTIAL LAND USES), 19.08.050 (GENERAL SERVICES LAND USES), 19.08.060 (GOVERNMENT/BUSINESS SERVICE LAND USES), 19.08.070 (RETAIL/WHOLESALE LAND USES) AND 19.08.080 (MANUFACTURING LAND USES), ALL RELATING TO PERMITTED USES. WHEREAS, the City Council of the City of Marysville does find that from time to time it is necessary and appropriate to review and revise provisions of the City's zoning code (Title 19 MMC) and the City's subdivision code (Title 20 MMC); and WHEREAS, following a comprehensive review of the above-referenced City codes by City staff, the Marysville Planning Commission held public workshops on November 14, 2001 and December 11, 2001; and WHEREAS, after providing notice to the public as required by law, on January 8, 2002 and February 12, 2002 the Marysville Planning Commission held public hearings on proposed changes to the City's zoning and subdivision codes and received public input and comment on said proposed revisions; and WHEREAS, at a public meeting on March 11, 2002 the Marysville City Council reviewed amendments proposed by the Marysville Planning Commission to Title 19 and 20 MMC and scheduled a workshop for April 11, 2002 and a public hearing for April 22, 2002; and WHEREAS, after providing notice to the public as required by law, a subsequent workshop and continued hearing by the Marysville City Council was held on May 6, 2002 and May 13, 2002, respectively, to consider proposed revisions to said codes and to receive public input and comment concerning such revisions; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section I. Marysville Municipal Code Section 19.08.030 is hereby amended to read as follows: ORDINANCE -1 /wpf/mv /ord. Ian uses2 (I) Table. Specmc Land Use RU R4.5-R12-NB CB GC DL MU Br LI uwelling Units, Types: Smgle detached p p p Duplex p PllC p lownhome P3 p p Multiple-family p C9 P9,Cl5 P9,C15 P9 p 1v10b!le home p C3 Mobile home park c Cl4,P p Senior citizen assisted C2 C2 p c "actory-bmlt PIO PIO Guesthouse ... aretaker's quarters (8) p p p p p Group Residences: Adult family home p p p p p p p p Convalescent, nursmg, C2 C2 c p p c K.esidenhal care tac1llty p p p p p p p p Accessory Uses: Res1denhal accessory uses p p p 11ome occupat10n (5) p p lemporary Lodging: 11otel/Motel p p p p p p p p tsed and breaKrast guesthouse c C13 p 1:1ed and breakfast mn ( 4) c p p p p (2) Development Conditions. I. Accessory dwelling units must comply with development standards in Chapter 19.34 MMC, Accessory Dwelling Unit. 2. Limited to three residents per the equivalent of each minimum lot size or dwelling units per acre allowed in the zone in which it is located. GI µ 3. Only as part of a PRO 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 Chapter 19.36 MMC, Bed and Breakfasts. 5. Home occupations are subject to the requirements and standards contained in Chapter 19.32 MMC, Home Occupations. 6. a. Guesthouses are not to be used as rental units or as a bed and breakfast; b. Only one guesthouse may be permitted per lot; and ORDINANCE -2 /wpf/mv/ord.lanuses2 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 units must be located above a street level commercial use. I 0. 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 building official will conduct foundation, plumbing and final inspection. 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 7,200 square foot lots. A conditional use permit is required for the R-4.5 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. A garage sale shall comply with the following standards: · i. 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. ii. 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 R-6.5 and R-8 zones only. 14. A conditional use permit is required in the low density multiple-family zone. 15. Twenty (20) percent of the units, but no more than two (2) total units, may be located on the street level of a commercial use, if Conditional Use Permit approval is obtained and the units are designed exclusively for ADA accessibility. The street level units shall be designed so that the units are not located on the street front and primary access is towards the rear of the building. Section 2. Marysville Municipal Code Section 19.08.050 is hereby amended to read as follows: 19.08.050 General Services land uses. (I) Table. ORDINANCE -3 /wpf/mv/ord.lanuses2 SPECIFIC LAND USE RU R !{ 12· NJ:! CB GC LJC MU BP d GI 4.S-8 28 PERSONAL SERVICES: General Personal Service p ... p D p u u u ury cleanmg plant ... D u ury cleaning pick-up stat10r ... ... D u DJ2 u LJ and retail service "uneral home/crematory '"'I .., I p ... p "13 p p u Cemetery, columbanum 0 PIO PJ0 "i 0 PIO PIO "10 p ... D mausoleum C2 C2 C2 C2 Day care I P3 P3 P3 p p " " ... 4 uay care U c p p " u ... u4 ... 4 Veterinary chmc c p p " ... ... ... ... D l\Utomohve repair anc PS c, ... u ... D ,erv1ce PIS vuscellaneous repair p " ... u Social services Cl I p " ... ... Stable c c K.ennel or cattery, hobby u c c K.ennel, commercial anc c ... u c u u exhibitor/breeding Civic, social and rraterna c ... ... u c u , association vlub (commumty, country, c u , vacht, etc.) ttealth Services: Medical/dental chmc c p ... ... ... ... tiOSp1tal c " LJ " '-' Education Services: tilernentary, m1ddle/jUillOI c c c c c c c , c ~igh, and senior higl (including public, private anc Jarochial) vOmmercial school C6 C6 C6 " " l' >J4 School d1stnct suppor C9 C9 C9 c " " D , D D facility ntenm recyclmg fac1hty C7 ... 7 '7 "8 D8 " ORDINANCE -4 /wpf/mv/ord.lanuses2 -------------------~--------------- jVocatJonal school (2) Development Conditions. I. Only as an accessory to a cemetery. 2. Structures shall maintain a minimum distance of I 00 feet from property lines adjoining residential zones. 3. Only as an accessory to a residential use and subject to the criteria set forth in Section 19.32.030 l\1MC. 4. Permitted as an accessory use, see commercial/industrial accessory, l\1MC 19.08.060(1). 5. Only as an accessory to a gasoline service station, see retail and wholesale permitted use table. 6. Only as an accessory to residential use, provided: A. Students are limited to 12 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. I 0. Limited to columbariums accessory to a church; provided, that existing required landscaping and parking are not reduced. 11. 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 I. 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. 15. Car washes shall be permitted as an accessory use to a gasoline service station. Section 3. Marysville Municipal Code Section 19.08.060 is hereby amended to read as follows: sPECIFIC LAND USE KU K K 12-N8 CB GC DC MU tlP LI 4.5-8 28 Government Services: ORDINANCE -5 /wpf/mv/ord.lanuses2 GI "Ublic agency office c ... ... p I-' I-' ... t' t' "Ublic utility yard p " "Ublic safety facilities, Cl Cl Cl ... I ... p ... ... ... ·ncluding police and fire Jtilitv facility p ... " ... ... p c ... p p "rivate storm water P7 ... 7 ... 7 ... ... p ... ... ... p p management facility "Ublic storm water P7 ... 7 ... 7 ... ... p ... ... 7 I-' p p management facility BUSINESS SERVICES: Contractors' office anc P2 P2 1-'2 p p storage yard Jaxi stands ... p J rucking and courier service P3 P3 p p warehouse and wholesale " " ... p rade Self-service storage ( 14) C4 p " ... p "reight and cargo service p I-' ... p Cold storage warehousing " p General business service anc ... ... p ... ... 2 I-' p p bffice (9) Commercial vehicle storage ... p p "rofessional office " " p " " ... p Miscellaneous equ1pmen f'2, Cl6 ... 2, p p rental 15 15 Automotive rental and leasim p p Automotive Parking P6 ... 6 ... 6 ... " p I:' ... ... p p Kesearch, development an< " " p p esting Heavy equipment and trucl p p repair Automobile holding yard c p p Model house sales office PIO PIO Comm ere i al/ind u stria " I 7, "17 Pl7 "I 7, p I 7 ,P " " ~ccessory uses 18 18 18 Adult facility PS Factory built comrnercia " " p p " p p ouilding (11) Attached wirelesi C5b C5b c c c c c c " p k:ommunications facility '5,5a) Wireless communication C5b C5b c c c c c c p p facility with suppor structures (5,5a, 19) (2) Development Conditions. ORDINANCE -6 /wpf/mv/ord.lanuses2 1. 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. 2. No outdoor storage of materials or vehicles. 3. Limited to self-service household moving truck or trailer rental accessory to a gasoline service station. 4. Accessory to an apartment development of at least 12 units provided: a. The gross floor area in self service storage shall not exceed 50 percent 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 similar 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 h. A resident manager shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval. 5. All wireless communication facilities are subject to overall siting criteria and WCF standards identified in Chapter 19.43 MMC. a. WCFs are permitted outright on all publicly owned properties meeting the special setback requirements of MMC 19.43.030(4). b. Only WCFs are permitted as an accessory structure on a nonresidential land use in an R zone, and subject to special setback requirements of MMC 19.43.030(4). 6. Limited to commuter parking facilities for users of transit, carpools 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 MMC 19.46.070. 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. IO.a. If the construction of model homes in an approved preliminary subdivision will ORDINANCE -7 /wpf/mv/ord.1anuses2 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; and 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 purposes 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 and Electrical Inspector during the construction process, and must receive a State approval stamp certifying that it meets all requirements of the Uniform Building and Electrical Codes. At the building site the city building official will conduct foundation, plumbing and final inspections; and b. A factory-built commercial building cannot be attached to a metal frame allowing it to be mobile. All structures must be placed on a permanent, poured in place foundation. The foundation shall be structurally engineered to meet the requirements set forth in Chapter 16 of the Uniform Building Code. c. A factory-built commercial building shall meet the design requirements set forth in Section 19.14.080. 12. Reserved. 13. Repealed by Ord. 2151. 14. Any outdoor storage areas are subject to the screening requirements of the landscape code. 15. Except heavy equipment. 16. With outdoor storage and heavy equipment. 17. Incidental assembly shall be permitted; provided, it is limited to less than 20 percent of the square footage of the site excluding parking. ORDINANCE -8 /wpf/mv/ord.lanuses2 18. Light Industrial uses may be permitted; provided, there is no outdoor storage of materials, products or vehicles. 19. Not permitted in Downtown Planning Area #1. Section 4. Marysville Municipal Code Section 19.08.070 is hereby amended to read as follows: SPECIFIC LAND USE KU K. K. 12-NB ~B GC LJC MU 13P LI (jl 4.5-8 28 1:m1ldmg, Hardware and "i 0 ... p ... PIO ... p Garden Materials ~orest products sales P2 ... 3 ... p ... uepartrnent and vanety stores ... ... u ... p ... Food stores ... ... u ., P8 ., Agncultural crop sales P3 "3 " " c u Storage/retail sales, hvestock P u p feed Motor vehicle and boat c " , I.) dealers Motorcycle Dealers ~ p "12 , u Gasohne service stations D " p D , p tatmg and drinkmg places 04 " p D P9 " , p urug stores D " p " p , p dquor stores " p Used goods: ... p ... p antiques/secondhand shops Sportmg goods and related " p ... " stores tlook, stationery, video and ... " p " p art supply stores ewelry stores " p u p ctobby, toy, game shops ... " " ... p 'holographic and electromc ... " p ... p shops "abric and craft shops ... ... ., u p "Uel dealers P6 ~6 ~6 P6 "Ions! shops ... " " ... p 'et shops ... ... ., ., p 1 ire stores " p ... , ... ORDINANCE -9 /wpf/mv/ord.lanuses2 tlUIK retail ... p ... Auctton houses PS ... 1 ruck and heavy equipment ... ... dealers Mobile home and R v dealers '-' ... ... K.etail stores similar to those ... ... p ... Pll "7 "7 P7 K>therwise named on this list Automobile wreckmg yards c p (2) Development Conditions. 1. Only hardware and garden materials stores shall be permitted. 2. a. Limited to products produced on-site; 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; and 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 and bars and adult entertainment facilities. 5. Excluding vehicle and livestock auctions. 6. If the total storage capacity exceeds 6,000 gallons, a conditional use permit is required. a. Limited to 4,000 square feet or less. b. Drive-through service windows in excess of one lane are prohibited in Planning Area I. However, interim uses that occupy less than 20% of the property on underdeveloped parcels may have more than one Jane, provided that upon further development of the property the interim use is either removed or brought into conformity with the mixed use standards. c. Taverns, bars, lounges, etc. are required to obtain a conditional use permit. 7. Subject to the standards outlined in Chapter 19.42 MMC. 8. Limited to 5,000 square feet or Jess. 9. a. Limited to 4,000 square feet or less. b. Drive-through service window in excess of one lane are prohibited in Planning Area I. c. Taverns, bars, lounges, etc. are required to obtain a conditional use permit. I 0. Limited to hardware and garden supply stores. 11. Limited to convenience retail, such as video, and personal and household items. 12. Provided there is no outdoor storage and/or display of any materials, products or vehicles. Section 5. Marysville Municipal Code Section 19.08.080 is hereby amended to read as follows: ISPECIFIC LAND USE II ORDINANCE -10 /wpf/mv/ord.lanuses2 KU K4.5-KI 2 -Ntl "B I.JC UC MU tlP ..,I ul 8 28 "OOd and kmdred products l'j ... 2,5 ... 2 "2 p Wmery/brewery c t'6 ,, ,,6 P6 ,, p l exttle mill products ,, p l\pparel and other textile c ,, p Wood products, except P3 p ,, p "um1 tu re and fixtures p ,, p "aper and alhed products ,, p Prmting and Publishing "4 "4 p "4 ,, ,, p L-nem1cals and allied products c c "etroleum refining and c c Kubber and misc. plashes " p ,_,eather and leather goods c c Stone, clay, glass and ,, p "rimary metal industries c p "abricated metal products c p ,., p Industrial and commercial '-' p Heavy machmery and c p ...,omputer and office c p io1ectromc and other electric c p Kailroad equipment c p Miscellaneous light ~8 ,, p Motor vehicle and bicycle c ,, l\ircraft, ship and boat c p 1 ire retreadmg c p Movie product10n/distr1but10n ,., p (2) Development Conditions. I. Structures and areas used for processing shall maintain a minimum distance of 75 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 I 0 employees. ORDINANCE -11 /wpf/mv/ord.lanuses2 . ' 6. In conjunction with an eating and drinking establishment. 7. Provided there is no outdoor storage and/or display of any materials, products or vehicles. Section 6. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. PASSED by the City Council and APPROVED by the Mayor this lS 't'f.. day of ~ , 2002. --=-=--o CITY OF MARYSVILLE By_____,,,at--"-· ,, -"---=.()) LUf/1.:..=___-_ DA YID A. WEISER, Mayor ATTEST: By~~ /IERRYBRCity Clerk Approved as to form: By~C.~ GRANT K. WEED, City Attorney Date of Publication: 7-//;-() 2. Effective Date (5 days after publication): __ 7-'----/ 5_-__:&__::_i'l_ ORDINANCE -12 /wpf/mv/ord.lanuses2