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HomeMy WebLinkAboutO-2575 - Adds Sec. 19.06.499 and 19.18.115; amends Sec. 19.02.070, 19.08.030 and 19.12.040, zoning (Repealed by 2852)., ~--_..---------------_._--------~---- , CITY OF MARYSVILLE ~ Marysville,Washington -'tJ ORDINANCE NO.,2S7,) AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,AMENDING THE ZONING CODE TO IMPLEMENT THE DOWNTOWN VISION PLAN AND RELATED POLICIES IN THE COMPREHENSIVE PLAN AND AMENDING CHAPTERS 19.02, 19.06, 19.08, 19.12, AND 19.18 OF THE MARYSVILLE MUNICIPAL CODE. WHEREAS,asoneof the cities in Snohomish County,theCityof Marysville is required under RCW 36.70A.130(4) to review and,if needed, revise its Comprehensive Plan and development regulations to ensure that the Plan and regulations comply with the Growth Management Act (GMA); and WHEREAS, in reviewing and updating the City's Comprehensive Plan and development regulations as required by the GMA, the City has identified various Zoning Code provisions as needing to be revised in order to implement the Downtown Vision Plan, as set forth in Ordinance .2SJe1 and the findings adopted therein; and WHEREAS, the Zoning Code revisions adopted herein are intended to implement the Downtown Vision Plan and other policies in the Comprehensive Plan, as part of the GMA update process referenced above; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section I.Chapters 19.02, 19.06, 19.08, 19.12, and 19.18 of the Marysville Municipal Code are hereby amended by amending or adopting MMC 19.02.070(1), 19.06.499, 19.08.030, 19.12.040, and 19.18.115 to read as follows: 19.02.070 Interpretation -Classification and Defmitions. (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, and the New I1llustrated Book of Development Definitions,prepared by Moskowitz and Lindbloom,will be used as reference guides in the classification and/or interpretation of a proposed use. ORDINANCE - I /wpf/mv/ord.Vision Code cI 't',,. 19.06.499 Townhouse "Townhouse"means a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. 19.08.030 Residential land uses. (])Table. Specific Land Use RU R4.5-R 12-NB CB GC DC MU BP LI GI 8 28 Dwelling Units, Types: Single detached P P P Duplex P PllC P Townhouse P3 P PI7 P Multiple-family P C9 P9, P9, PI7 P CI5 CI5 Mobile home -P C3 Mobile home park C C14, P P Senior citizen assisted C2 C2 P C Factory-built PIO PIO PIO Guesthouse P6 Caretaker's quarters (8)P P P P P P Group Residences: Adult family home P P P P P P P P Convalescent, nursing,retirement C2 C2 C P P C Residential care facility P P P P P P P P Accessory Uses: Residential accessory uses (I)P P P (12) (16) Home occupation (5)P P Temporary Lodging: Hotel/Motel P P P P P P P P Bed and breakfast guesthouse (4)C C13 P Bed and breakfast inn (4)C P P P P ORDINANCE - 2 Iwpf/mv/ord.Vision Code cl , r-•• (2)Development Conditions. 1. Accessory dwelling units must comply with development standards in Chapter 19.34 MMC, Accessory Dwelling Units. 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. 3. Only as part of a PRD 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 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. ORDINANCE - 3 Iwpf/mv/ord.Vision Codecl 10. 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 inspections. 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. II.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 percent of the units, but no more than two 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. ORDINANCE - 4 /wpf/mv/ord.Vision Codecl 16. a.Accessory buildings or uses may not be established until the principal building or buildings are constructed on the property. b. A detached garage, carport or other permitted accessory building may be located in the rear yard,provided: i. Not more than 50 percent ofthe required rear setback area is covered;and ii.Accessory building(s)located within rear setback areas shall have a minimum interior side setback of five feet, or 10 feet on the flanking street of a comer lot, and a minimum rear setback of five feet; and iii.Vehicle access points from garages,carports,fenced parking areas or other accessory building(s),the entrance of which faces the rear lot line, shall not be located within 10 feet from the rear lot line, except where the accessory building(s)entrance faces an alley with a right-of-way width of 10 feet, in which case the accessory building(s)shall not be located within 20 feet from the rear lot line; and iv.Detached accessory buildings exceeding one story shall provide the minimum required yard setbacks for principal buildings in the zone; and v. An accessory building,which is located in the rear setback area, may be attached to the principal building;provided,that no portion of the principal building is located within the required yard setbacks for principal buildings in the zone. c. A detached garage, carport or other permitted accessory building may be located in the front or side yard only if the applicant demonstrates,to the satisfaction of the community development director,that the following conditions can be met: i.Accessory buildings that are located in the front or side yard shall not compromise the integrity of the residential neighborhood in which it is proposed to be located, and shall be subject to, but not limited to, the following development standards: A.The architectural character of the principal building shall be preserved;and ORDINANCE - 5 Iwpf/mv/ord.Vision Codecl '. B. The accessory building shall have a roof pitch similar to the primary building and have siding and roofing materials similar to or compatible with those used on the primary building. No metal siding or roofing shall be permitted unless it matches the siding and roofing of the dwelling. Plans for the proposed accessory building(s)indicating siding and roofing materials shall be submitted with the application. ii. Detached accessory buildings located in the front or side yard shall provide the minimum required yard setback for principal buildings in the zone. 17. Permitted in Southwest sector of Downtown Vision Plan area, as incorporated into the City of Marysville Comprehensive Plan. (Ord. 2463A §1,2003;Ord. 2433 §1,2002;Ord. 2410 §1,2002;Ord. 2151 §5,1997;Ord. 2131,1997). 19.12.040 Resource and commercial/industrial zones. (I)Densities and Dimensions. Standards NB CB GC DC MU (16)BP LI GI REC Base density:(8) 12 12 34 28 (1) - -- -Dwelling unit/acre Maximum density:None None None 34 (2)Dwelling unit/acre -(17) (17)(17)--- - Minimum street 20 ft. None None None None None None None 20 ft.setback (4)(10) (10) (10)(10)(11)(10) (10) (10) 10ft.25 ft. Minimum interior side 25 ft. 25 ft. 25 ft. 20 ft. (12) 25 ft. (6) (6) 25 ft. setback 20 ft. (6) (6) (6) 10 ft. (13) 50 ft. (7) 50 ft. (6) rear (7) 45 ft., Base height (9) 25 ft. 55 ft. 35 ft. 85 ft. 65 ft. 45 ft. 65 ft. 65 ft. 35 ft. (14) Maximum 85%,impervious surface: 75% 85% 85% 85%75% 85% 85% 35% Percentage 75% (15) WCF height (18)60 ft. 85 ft. 85 ft. 85 ft. 85 ft. 120 ft. 120 ft. 120 ft. - ORDINANCE - 6 /wpf/mvlord.Vision Code cl (2)Development Conditions. I. These densities are allowed only through the application of mixed use development standards. 2. These densities may only be achieved in the downtown portion of Planning Area 1 through the application of residential density incentives,see Chapter 19.26 MMC. 3.(Reserved) 4. Gas station pump islands shall be placed no closer than 25 feet to street front lines. Pump island canopies shall be placed no closer than 15 feet to street front lines. 5.(Reserved) 6.25-foot setback only required on property lines adjoining residentially designated property, otherwise no specific interior setback requirement. 7.50-foot setback only required on property lines adjoining residentially designated property for industrial uses established by conditional use permits,otherwise no specific interior setback requirement. 8.Residential units are permitted iflocated above a ground level commercial use. 9. Height limits maybe increased when portions of the structure building which exceed the base height limit provide one additional foot of street and interior setback beyond the required setback for each foot above the base height limit. 10. Subject to sight distance review at driveways and street intersections. 11. A 20-foot setback is required for multiple-family structures outside of the downtown portion of Planning Area 1. ORDINANCE - 7 Iwpf/mv/ord.Vision CodecI "'c reduction.Parking may be reduced by up to 50%if consistent with the Downtown Vison Plan guidelines. In approving a reduction to required off-street parking, the department may require improvement of exisitng right-of-way to meet the intent of this code in providing improved parking, walkways and access to the business. Section 2. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 3. Effective Date. This Ordinance shall take effect five days after the date of its publication by summary. PASSED by the City Council and APPROVED by the Mayor thi~5 }I\day offdp,..:I ,2005.. CITY OF MARYSVILLE BY~Z~ DENNIS L.KENDALL, Mayor ATTEST: R, City Clerk Approved as to form: By~~t W~ G NT K. WEED, CIty Attorney Date of Publication:--3/2.7/0 5 Effective Date (5 days after publication):-..::....1---1-''---- ORDINANCE - 9 Iwpf/mv/ord.Vision Codecl