HomeMy WebLinkAboutO-2526,t.j.ct·
CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE No.2S"J(,
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AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING
SECTIONS OF CHAPTER 19. OF THE MARYSVILLE MUNICIPAL
CODE, 19.02.070, 19.02.080 (5), 19.06.340, 19.08.040, 19.08.060,
19.08.060 (2) 10, 19.08.070, 19.08.100, 19.12.060, 19.12.090, 19.18.160,
19.22.030,19.26.030 (5) 6.b AND c,19.37.030, 19.37.040, 19.44.030,
19.44.040;AND ADDING 19.04.220;AND REPEALING 19.04.200,
WHEREAS,the State Growth Management Act,Chapter 36.70A, RCW mandates that
cities periodically review and amend development regulations which include but are not
limited to zoning ordinances and official controls; and
WHEREAS,RCW 36.70A.I 06 requires the processing of amendments to the City's
development regulations in the same manner as the original adoption of the City's
comprehensive plan and development regulations;and
WHEREAS,the State Growth Management Act requires notice and broad public
participation when adopting or amending the City's comprehensive plan and development
regulations;and
WHEREAS,the City, in reviewing and amending its zoning code and development
regulations has complied with the notice,public participation and processing requirements
established by the Growth Management Act, as more fully described below; and
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 Development
Code Administration (Title 15 MMC), 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 March 23, 2004
and April 13,2004;and
WHEREAS,after providing notice to the public as required by law, on April 27, 2004
and the Marysville Planning Commission held a public hearing on proposed changes to the
City's zoning and subdivision codes and received public input and comment on said proposed
revisions;and
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WHEREAS,at a public workshop on June 7, 2004 the Marysville City Council
reviewed amendments proposed by the Marysville Planning Commission to Titles 15,Title 19
and 20 MMC and also heard comments from the public concerning the Planning Commission
recommendation at a public meeting on June 14, 2004;
NOW,THEREFORE THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.Marysville Municipal Code Chapter 19.02.070 is hereby amended to read as
follows:
19.02.070 Interpretation:Standard industrial classification.
1. The Planning Director shall determine whether a proposed land use is allowed in a
zone. The Standard Industrial Classification Manual (SIC), current 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.
2. 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:
a. The physical characteristics of the use and its supporting structures,
including but not limited to scale,traffic and other impacts, and hours of
operation;
b.Whether or not the use complements or is compatible with other uses
permitted in the zone; and
c. The SIC classification,if any, assigned to the business or other entity that
will carry on the primary activities of the proposed use.
3. 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.
Section 2 Marysville Municipal Code Chapter 19.02.080 (5)is amended to read as
follows:
19.02.080 (5) 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.
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In the event the property does not have a comprehensive plan designation assigned to it by
the City of Marysville, it shall be designated R 4.5 as an interim zoning classification, until
such time when the city amends its comprehensive plan and assigns a land use designation
and corresponding zoning to the property.
Section 3.Marysville Municipal Code Chapter 19.04.200 is hereby repealed:
Section 19.04.200 titled "Interim zoning". Is herby repealed as following the area wide
rezones in 1998, these zones no longer exist.
Section 4 Marysville MunicipalCode Chapter 19.04 is amended to add 19.04.220
"Public/Institutional"which reads as follows:
19.04.220 Public/Institutional
(I)The purpose of the Public/Institutional (P/I) land use zone is to establish an overlay
zone for governmental buildings, churches and public facilities.
(2) This PublicI Institutional zone is applied to all land designated as
"Public/Institutional"on the comprehensive plan map.
Section 5 Marysville Municipal Code Chapter 19.06.340 Net Density is hereby amended
to read as follows:
19.06.340 Net Density
''Net Density" means the number of dwelling units divided by the net project area.
Section 6 Marysville Municipal Code Chapter 19.08.040 is hereby amended to add the
following designation regarding "Community Center":
19.08.040 Recreationallculturalland uses.
Add "Community Center" to listed land uses as a conditional use in RI2-28,and permitted
use in NB, CB, GC, DC, MU,SP,LI, GI and REC zones.
Soecific land use RU R4.5 8 R12 28 NB CB GC DC MU BP LI GI REC
Park/Recreation:
Cormnunitv Center C C P P P P P P P P P
Section 7 Marysville Municipal Code Chapter 19.08.060 and 19.08.060 (2) 10 (a)are
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hereby amended to add the following section to provide for additional opportunities for
construction of model homes within subdivisions,as follows:
19.08.060 Governmentlbusiness service land uses.
Specific land use RU
R4.5-RI2-NB CB GC DC MU BP LI G1 REC
8 28
Model house sales PIO PIO
office
19.08.060 (2) 10
(2) Development Conditions.
10.
a. 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. In no event shall the total number of model homes in a preliminary subdivision be
greater than nine;
111.A hard-surfaced roadway to and abutting all model homes shall be constructed to
standards determined by the city engineer or designee;
IV.Operational fire hydrant(s) must be available in accordance with the Uniform Fire
Code;
v. Submittal of a site plan, stamped by a registered civil engineer or licensed
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 permit applications for each of the proposed structures;
V11.Approval of water, sewer and storm sewer extension plans to serve the proposed
structures; and
V111.Execution of an agreement with the city saving and holding it harmless from any
damages, direct or indirect, as a result of the approval ofthe 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.
Section 8 Marysville Municipal Code Chapter 19.08.070 is hereby amended to add the
following designation regarding Retail /wholesale uses:
19.08.070 Retail/wholesale uses.
Allow motor vehicle and boat dealers as a permitted use (instead of conditional) in CB zone.
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Specific land use RU R4.5- R12- NB CB GC DC MU BP LI GI REC
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Motor vehicle and .£P P P
boat dealers
Section 9 Marysville Municipal Code Chapter 19.08.100 is hereby amended to add the
following designation regarding Regional Land Uses:
19.08.100 Regional land uses.
Snecific land use RU
R4.5-8 R12-28 NB CB GC DC MU BP LI GI REC
Racetrack C C5 C5
C5 C5 C P
Section 10 Marysville Municipal Code Chapter 19.12.060 is hereby amended to read as
follows:
19.12.060 Calculations -Allowable dwelling units.
Permitted number of dwelling units shall be determined as follows:
(I)The maximum allowed number of dwelling units shall be computed by multiplying the
net project area (in acres) by the applicable residential density.
(2) When calculations result in a fraction, the fraction shall be rounded to the nearest
whole number as follows:
(a)Fractions of .50 or above shall be rounded up,provided this will not exceed the
base density by more than 10 percent; and
(b)Fractions below .50 shall be rounded down.
Section 11 Marysville Municipal Code Chapter 19.12.090 is hereby amended as
follows:
19.12.090 Lot area-Minimum lot area for construction.
Except as provided for in Chapter 19.48 MMC:
(I)In the R zones, a single-family dwelling maybe established on an existing vacant lot,
which cannot satisfy the bulk or dimensional requirements of this chapter, provided
the following criteria are met:
(a) The lot was established by conveyance of record prior to 1970 and its
dimensions have not been modified since said conveyance; or the lot was
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created by an approved plat and satisfied the bulk and dimensional
requirements applicable at the time of its creation; and;
(b) 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
(c)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.
(2) In the RU zone:
(a)Construction shall not be permitted on a lot containing less than 5,000 square
feet; and
(b)Construction shall be limited to one dwelling unit and residential accessory
uses for lots greater than 5,000 square feet,but less than 12,500 square feet.
Section 12 ..Marysville Municipal Code Chapter 19.18.160 is hereby amended to read as
follows:
19.18.160 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.
L DUSE
RESIDENTIAL USES
Single-family dwellings, duplexes, townhouses, and
mobile homes
Accesso Dwellin Unit
Multi le-fami! dwellin one bedroom er unit
Multi le-famil dwellin two or more bedrooms
Retirement housin and a artments
Mobile home arks
Roomin houses simiJaruses
Bed &Breakfast Accommodations
RECREATIONAL/CULTURAL USES
Movie theaters
Stadiums,sports arenas and similar open assemblies
Dance halls and laces of assembl w 0 fixed seats
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MINIMUM RE UIRED SPACES
Two per dwelling; driveways may be counted as one
arkin s ace
One ace er dwellin unit
One and one-half er dwellin unit
One and three-fourths er dwellin unit
One er dwellin
Two er unit Ius uest arkin at one er four lots
One er dwellin
I space for each room for rent, plus 2 spaces for the
rinei al residential use
One er four seats
One per eight seats or one per 100 square feet of
assembl s ace withoutfixed seats
One er 75 s uare feet of ross floor area
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Bowline allevs Five oer lane
Skating Rinks One oer 75 souare feet of 2roSS floor area
Tennis courts,racquet clubs,handball courts and other One space per 40 square feet of gross floor area used for
similar commercial recreation assemblv nlus two ner court
Swimming pools (indoor and outdoor)One per 10 swimmers, based on pool capacity as defined
bv the Washington State Dent.of Health
Golf Course Four spaces for each green, plus 50 percent of spaces
otherwise required for any accessory uses (e.g. bars,
restaurants)
Gvmnasium health club One soace ner each 200 square feet of 2roSS floor area
Churches,auditoriums and similar enclosed places of One per four seats or 60 lineal inches of pew or 40
assemblv souare feet 'ross floor area used for assernblv
Art aalleries and museums One ner 250 souare feet of 2roSS floor area
COMMERCIAL/OFFICE USES
Banks,business and professional offices (other than One per 400 square feet gross floor area
medical and dental)with on-site customer service
Retail stores and personal service shops unless otherwise If <5,000 sq. ft. floor area, one per 600 sq. ft. gross
provided herein floor area;If>5,000 sq. ft.floor area, 8 plus one per
each 300 so.ft.2roSS floor area
Grocerv stores One soace ner 200 so. ft.of customer service area
Barber and beauty shoos One space oer 200 so. ft.
Motor vehicle sales and service Two per service bay plus one per 1,000 sq. ft.of outdoor
disnlav
Motor vehicle or machinerv repair without sales Two olus two oer service bav
Mobile home and recreational vehicle sales One oer 3 000 so. ft.of outdoor disnlav area
Motels and hotels One ner unit orroom
Restaurants,taverns,bars with on premise consumption If <4,000 sq. ft. one per 200 sq. ft. gross floor area;If>
4000 so. ft. 20 olus one ner 100 so. ft. zross floor area
Drive-in restaurants and similar establishments,One per 75 sq. ft.of gross floor area. Stacking spaces
primarily for auto-borne customers shall be provided in accordance with Section 19.18.095
MMC Stackine soaces{or drive-throueh facilities.
Shopping Center 1f<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 oer I 000 so. ft.of 2roSS 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 deternained 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 narkinz area or lines of traffic.
Funeral parlors,mortuaries or cemeteries One per four seats or eight feet of bench or pew or one
per 40 square feet of assembly room used for services if
not fixed seatina is nrovided
Gasoline/Service station w/grocery One per employee plus one per 200 sq. ft. gross floor
area
Adult facility as defmed by MMC 19.06.012.One per 75 square feet of gross floor area or, in the case
of an adult drive-in theater one ner viewing snace.
HEALTH SERVICES USES
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Nursing homes,convalescent homes for aged.One per five beds plus one space per employee and
medical staff.
Medical and dental clinics One ner 200 SQ.ft.zross floor area
Hosoitals One ner two beds excludinz bassioets
EDUCATIONAL USES
Elementarv - Jr.Hizh school (nublic &nrivate)Five olus Onener each emolovee and facultv member
Senior High school (public &private)One per each 10 students plus one per each employee or
facultv member
CommerciaVVocational school One oer each emolovee nlus one oer each 2 students
PUBLIC/GOVERNMENT USES
Public Utilitv and aovernmenral buildinzs One oer 400 sa. ft.of zross floor area
Libraries One ner 250 square feet of Pross floor area
MANUFACTURINGIWAREHOUSE USES
Manufacturing and industrial uses of all types,except a One per 500 sq. ft.of gross floor area plus one per two
buildinz used exclusivelv for warehouse ourooses.each emnlovees on maximum workinz shift.
Warehouses storaze and wholesale businesses One ner each two emnlovees on maximum workinz shift
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 project
office.
Section 13 Marysville Municipal Code Chapter 19.22.030 is hereby amended read as
follows:
19.22.030 Categorical exemptions and threshold determinations.
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 173-806-065;
(2) WAC 173-806-070;provided,that subsection (I)thereof shall be amended to read
as follows:
The City establishes the following exempt levels for minor new construction under WAC 197-
11-800(1)(b)based on local conditions:
(a) For residential dwelling units in WAC 197-11-800(l)(b)(i): up to 9
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 12,000 square feet and up to 40 parking
spaces,provided that the project site is:
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(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 (I)(b)(iv):up to 40 parking spaces.
(d)For landfills and excavations in WAC 197-11-800(l)(b)(v):up to 500 cubic
yards.
(3)WAC 173-806-080;
(4)WAC 173-806-090;provided,that Section I shall use option I stated therein;
(5)WAC 173-806-100.
Section 14 Marysville Municipal Code Chapter 19.26.030 (5)6.b and c.relating to
density incentives is hereby amended as follows:
19.26.030 (5) 6.b and c.relating to residential density incentives:
Benefit
6.Proiect Desizn
b.Retention or creation of a perimeter
buffer,composed of existing trees and
vegetation,additional plantings,and/or
installation of fencing or landscaping,
in order to improve design or
compatibility between neighboring land
uses.
c.Utilization of a mix of building
plans which emphasize the house more
than the garage. Plan mix and design
types must be approved prior to
approval of each development phase as
Dart of the final site nlan or final nlat.
Densitv Incentive
I bonus unit per 500 lineal feet of
perimeter buffer retained,enhanced or
created (when not otherwise required by
city code).
Five percent increase above the base
density of the zone. (Bonus when not
already required by the city code.)
Section 15 Marysville Municipal Code Chapter 19.37.030 relating the Free Way Service
Zone is hereby amended to read as follows:
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19.37.030 Permitted uses.
The following are permitted uses in an FS zone:
1.Motor vehicle and boat dealers
2.Motorcycle dealers
3.Building,hardware and garden materials
4.Department and variety stores
5.Gasoline service stations
6.Eating and drinking establishments
7.Drug stores
8.Liquor stores
9.Sporting goods and related stores
10.Books,stationary,video &art supply stores
II.Jewelry stores
12.Hobby,toy and game shops
13.Photographic and electronic shops
14.Fabric and crafts shops
15.Florist shops
16. Pet shops
17.Tire stores
18.Bulk retail
19.Retail stores similar to those otherwise named on this list
20.Theatres
21.HotelslMotels
22.Forest Product Sales
23.Banks
24.Grocery Stores
Section 16 Marysville Municipal Code Chapter 19.37.040 relating Accessory Uses is
amended to the title of Conditional uses and is hereby amended to read as follows:
19.37.040 Conditional uses
The following are conditional uses in a FS zone:
(1)Mini-storage facilities.
(2) Park and ride facilities.
Section 17 Marysville Municipal Code Chapter 19.44.030 relating Nonconforming
structures is hereby amended to read as follows:
19.44.030 Nonconforming structures.
A nonconforming structure is one which was in compliance with all land use codes and
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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,maybe 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 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 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.
(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.
Section 18 Marysville Municipal Code Chapter 19.44.040 relating Nonconforming uses is
hereby amended to read as follows:
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.
(I)A nonconforming use loses its status,and must be discontinued,if the structure in
which it is located is voluntarily or accidentally destroyed,demolished or damaged,or
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is allowed to deteriorate, to the extent where restoration costs would exceed 75 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 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
150 percent of that in use at the effective date of the nonconformance.
(4) Use established in part but not all of a building at the effective date of the
nonconformance may expand within said building byup to 100percent 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 ifthe original design of the building indicates
that it was intended to be ultimately dedicated, in its entirety, to the use in question.
Section 19 Seyerabiliq..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 ofthis ordinance.
PASSED by the City Council and APPROVED by the Mayor this )~day of
"\u.-n-e ,2004.
CITY OF MARYSVILLE
B5l.;LdI;
Dennis 1.Kendall, Mayor
ATTEST:
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Approved asto form:
BY~K..~
GRANT K.WEED,City Attorney
Date of Publication:(P.;~./JI-I
Effective Date(5daysafter publication):fe·z(·tJt/
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