HomeMy WebLinkAboutO-2434 - Adds Sec. 19.14.095, subdivision screening (Repealed by 2852).'
CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.~t{3 e,t
AN ORDINANCE OF THE CITY OF MARYSVILLE ADDING A
NEW SECTION~OF THE MARYSVILLE MUNICIPAL
CODE RELATING -YO RESIDENTIAL SUBDIVISION
SCREENING.
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 1.Marysville Municipal Code Chapter ~.14.6~is hereby added to read as
follows:~o."'2.4·075'J..o.1-~..015-Fenee/'"R.e Cw·....e ~et1f-.s.
i9.14.Q!lIil Prior to prelimmary plat or short plat approval, it shall be determined
whether a six-foot high, sight-obscuring fence shall be required along the affected perimeter
of new formal single-family subdivisions or short subdivisions. A fence shall be required
when one or more of the following criteria have been met (unless waived by adjacent
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property owner):
1. If it is determined during grading plan review that the existing grade will be
increased by a 2' or greater vertical grade change and the grade increase causes the
newly created lots to be at a higher elevation than the abutting property. The grade
change shall be measured from the affected property line to the foundation wall of
the newly constructed dwelling. In the case of formal subdivisions, the fencing
issue shall be determined by the Hearing Examiner at the public hearing for the
preliminary plat. The Planning Director shall be responsible for determining the
fencing requirements for short subdivisions. The Planning Director's decision may
be appealed to the Hearing Examiner, in accordance with MMC Title 15.
2.If a newly created lot contains a front yard that directly abuts the rear yard of an
adjacent property, and the existing lot contains a dwelling unit that is located within
20'of the newly created lot.
3.If a newly constructed plat road (public or private) directly abuts either the side
or rear yard of a residentially developed property, and the existing dwelling unit is
located within 20'of the newly constructed road.
All required fencing shall be constructed prior to final plat and/or short plat
approval. Where existing trees and associated vegetation or existing fencing serve
the same or similar function on either the subject property or the abutting property,
they shall have priority over and may be substituted for the required fencing,
provided the following conditions are met:
a. Supplemental landscaping is provided within or adjacent to these
areas, as necessary, to accomplish the specific intent of this section.
All required screening shall be reviewed to ensure that access and connectivity
between single-family developments are not being precluded as a result of these
requirements.
Section 2.Severability.If any section,subsection,sentence,clause,phrase or word
of this ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction,such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section,SUbsection,sentence,clause,phrase or word of this
ordinance.
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PASSED by the City Council and APPROVED by the Mayor this J..~day of
f\~,2002.
CITY OF MARYSVILLE
By fki~
DAVID A. I R,Mayor
ATTEST:
BY~~<tERRYBECR,City Clerk
Approved as to form:
By,~K.,~
GRANT K.WEED,City Attorney
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