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HomeMy WebLinkAboutO-2639 - Amends Sec. 19.08.030, zoning (Repealed by 2852)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.Z 6 ~if AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON, AMENDING THE ZONING CODE BY AMENDING MMC 19.08.030 REGARDING PERMITTED RESIDENTIAL LAND USES AND DEVELOPMENT CONDITIONS. \'(IHEREAS,the City Council of the City of Marysville finds 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 WHEREAS,this Zoning Code amendment is consistent with the following required findings ofMMC 19.56.030: (1)The amendment is consistent with the purposes of the comprehensive plan; (2)The amendment is consistent with the purpose of Title 19 MMC; (3)There have been significant changes in the circumstances to 'warrant a change; (4)The benefit or cost to the public health,safety and welfare is sufficient to warrant the action; and WHEREAS,the Planning Commission discussed the above-referenced amendment during public meetings March 14 and March 28, 2006; and WHEREAS,after providing notice to the public as required by law, on May 9, 2006, the Marysville Planning Commission held a Public Hearing on proposed changes to the City's Zoning Code; and WHEREAS,at a public meeting on June 12, 2006, the Marysville City Council reviewed and considered the amendment to the Zoning Code proposed by the Maryville Planning Commission; and NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO OlillAIN AS FOLLOWS: Section 1: MMC Section 19.08.030 is hereby amended to read as follows: 19.08.030 Residential land uses. (1) Table. Specific Land Use RU R 4.5-R 12-NB CB GC DC MU BP LI GI PII 8 28 Dwelling Units,Types: Single detached P18 PIS PIS ORDINANCE-PERMriTED RESLAND USE ORONO 2 PERMITRE.'iUSES 051506_3 101'5 (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 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 c.Each guesthouse shall be sited so that future division of the property will allow each structure to mcet 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. Duplex P rnc l' Townhouse 1'3 l'1'17 l' Multiple-family l'C9 1'9, 1'9,1'9,l'C15 C15 1'17 Mobile home 1'19 1'19,1'19 1'191'19 1'19 1'19 1'19 1'19 1'191'19 C3 Mobile home park C C14,P l' Senior citizen assisted C2 C2 l'C l' Factory-built 1'10 1'10 1'10 Guesthouse 1'6 Caretaker's quarters (8)l'l'l' l'l'l'l' Group Residences: Adult family home l'l'l' l'l'l'l'l'l' Convalescent,nursing,C2 C2 C l' l'l'l'l' retirement Residential care facility l'l'l'l'l'l'I'l'l' Accessory Uses: Residential accessory uses (1)l' l' l'(12) (16) Home occupation (5)l'l'1'20 1'20 1'20, 1'20, 1'20, 1'20,1'21 1'211'211'21 1'21 1'21 1'21 Temporary Lodging: Hotel/Motel l'l'l'l'l'l' l'I' Bed and breakfast guesthouse C C13 l'(4) Bed and breakfast inn (4)C l'l'I'l' .. ORDINANCE-PERl\JIITmD RES LAND USE ORD NO 2 PER..\llTRF$USES051506_3 201'5 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. 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. 11.Permitted outright in the R-8 and R-6.S zones on minimum 7,200 square foot lots. A conditional use permit is required for the R-4.S 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 IS-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,mal' 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. 16. a.Accessory buildings or uses mal'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 of the 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 corner 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 alleywith 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, mal' 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. ORDINANCE-PERMITI1:.D RES LAND USE ORO NO 2 I'Ii.Ri\IlTRESUSE.S 05 t 506_3 3 OF 5 "..\,.1 " 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 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 on the ground floor in the southwest sector of downtown vision plan area, as incorporated into the city of Marysville comprehensive plan. 18.Manufactured homes must:1)be no more than two (2)years old, as evidenced by the date of manufacture recorded on the HUD data plate;2)set on a permanent foundation,as specified by the manufacturer,enclosed with an approved concrete product from the bottom of the home to the ground which may be either load bearing Or decorative;3)meet all the design standards applicable to all other single-family homes in the neighborhood in which the manufactured home is to be located. 19.Mobile homes are only allowed in existing mobile home parks established prior to the effective date of this ordinance. 20.Home occupations are limited to home office uses in multi-family dwellings.No signage permitted in townhouse or multi-family dwellings. 21.Permitted in a legal nonconforming or conforming residential structure. Section 2.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 j\PPROVED by the Mayor this /2-~day of J c.vre..,2006. ::YrL2~ DENNIS L KENDALL,MAYOR A"~ By:./!)lA!.AUJL-. GERRY BE R,CITY CLERK Approved as to form: OltDINI\NCE-PERMrJl1m RI~S LAND USE OR!)NO 2 PERMITRE.'iUSES051506_3 40"5 Date of Publication: By: GRANT K.\XiEED,CI1Y ATTORNEY CUp hi/Oro J Effective Date: (5 days after'publication) ORDINANCE:'PERMITfED RES LAND USE ORD NO 2 PER;>,lITRI:..sUSES05150<i~3 501'5