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HomeMy WebLinkAboutO-2465 - Adds Sec. 20.80.025; amends Sec. 20.80.020, boundary line adjustments (Repealed by 2852)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.)Y.~~ ~.~ !h,e.Sc.. .~{pvJr ~'.~ AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON AMENDING SECTION 20.80.020 (REVIEW PROCESS)AND ADDING A NEW SECTION 20.80.025 (BOUNDARY LINE ADJUSTMENTS WITH EXISTING STRUCTURES) OF THE MARYSVILLE MUNICIPAL CODE RELATING TO BOUNDARY LINE ADJUSTMENTS. 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 subdivisions code (Title 20 MMC);and WHEREAS,following a comprehensive review of the above-referenced City codes by City staff,the Maryville Planning Commission held a public workshop on December 10, 2002;and WHEREAS,after providing notice to the public as required by law,on January 14, 2003 the Marysville Planning Commission held a public hearing on proposed changes to the City's subdivision code and received public input and comment on said proposed revisions;and WHEREAS,at a public meeting on February 10, 2003 the Marysville City Council reviewed and considered the amendments to the subdivision code proposed by the Marysville Planning Commission; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.MMC 20.80.020 is hereby amended to read as follows: 20.80.020 Review Process. (1)Action by the Department:.If the boundary line adjustment applicationis complete and the required feeis paid, the department shallaccept the application and conduct a city review. (2)Action by Other CityDepartments. The department will circulatecopies of the proposed boundary line adjustment application to the city'sbuilding,fire,and public works departments. Each department shallprovide the department with recommendations within 10 calendar daysfrom the time a completed application is received. (3)Factors Considered by the Department:.In order for a boundary lineadjustment to be approved, it must comply with all of the followingcriteria. Failure to complywith any of the followingcriteriawillresult in denial: (a) Boundary lines may not be adjusted which willresult in the creation of any additional lot, tract, parcel,building site or divisionnor createanylot, 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, parcelsor building sites,except as permitted in subdivision(4)of this subsection; and (b)Boundary lines maynot be adjusted between lots which have been created for tax purposes only. The applicant shallprovide evidence of legal lot status; and (c) Boundary lines may not be adjusted where the adjustment willresult in an increase in the potential number of dwellingunits on lots, tracts, parcelsor building sitespermitted; and (d) Boundary lines of nonconforming lots may not be adjustedwhere the adjustment of the liners) will result in making the lots,tracts,parcels or building sites more nonconfonning;and (e) Boundary lines may not be adjustedwhen the adjustment will result in the citybeing unable to provide adequate utilities;and <,..../.• ... ''1""\ •4 t J".-. (I)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 willresult in an inadequate building site for any lot containing area defined as environmentally sensitive; and 01)Boundary lines may not be adjusted where the adjustment willresult in a violation of a city or state code. (i)Boundary lines in commercial or industrial zones may not be adjusted unless the criteria of MMC 20.80.025 are satisfied.. (4) Decision. Following review of the application, a written notice of approval or disapproval shall be issued to the applicant within 30 calendar days of receiving the completed application. Section 2.MarysvilleMunicipal Code Chapter 20.80 is hereby amended by adding a new Section 20.80.025,which shall read as follows: 20.80.025 Boundary line adjustments with existing structures. \Vhen boundary line adjustments are submitted proposing the adjustment of lines with existing structures in commercial or industrial zones, the existing structures shall be required to comply with all zoning code requirements including, but not limited to, such things as setback, parking, height,landscaping and access requirements as a condition of boundary line adjustment approval.The applicant shall be required to submit a site plan showing that allof these requirements can be met prior to approval. Section 3.Severability.If any section,subsection,sentence, clause, phrase or work 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 J..~day of ~,2003. CITY OF MARYSVILLE A pproved as to form: By:L1~1<-LJfld GRANT K WEED,CITY ATTORNEY By:();;tda~-- DAVID A.WEISER,MAYOR Date of Publication: Effective Date:3 -3/-03 (5 days after publication)