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HomeMy WebLinkAboutO-2640 - Amends Sec. 19.08.040, zoning (Repealed by 2852)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.2'va , ~" AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON, AMENDING THE ZONING CODE REGARDING RECREATION/CULTURAL PERMITTED LAND USES BY AMENDING MMC 19.08.040 TO ALLOW THE FOLLOWING AS PERMITTED USES IN THE DOWNTOWN COMMERCIAL ZONE:MARINA;DOCK AND BOATHOUSE,PRIVATE,NONCOMMERCIAL;BOAT LAUNCH, COMMERCIAL OR PUBLIC;AND BOAT LAUNCH,NONCOMMERCIAL OR PRIVATE. WHEREAS,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 J\1MC);and WHEREAS,this Zomng 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 ORDAIN AS FOLLOWS: Section 1: MMC Section 19.08.040 is hereby amended to read as follows: 19.08.040 Recreation/cultural land uses. (1)Table. Specific Land Use RU R 4.5-8 R 12-28 NB CB GC DC MU BP L1 GI REC P/I Park/Recreation: ORDINANCE-PERMn·mD REe/cuLruRAL LANI)U~ES ORD NO 3 PERMITRECUSE.S 051506(2) 10F4 Park 1'1 1'1 1'1 1'1 I'I'I'I' I'I' I'1'1 I' Marina I' I'C I' Dock and boathouse,private,noncommercial 1'6 I' I'1'6 I' Recreational vehicle park C2 C2 C I' BaM launch,commercial or public I' I'I' Boat launch,noncommercial or private C7 I'I'1'7 I' Community center C C I'I' I' I'I' I'I'I'I'I' Amusemenf/Entertainment; Theater I'I'I'I' Theater, drive-in C Amusement and recreation services 1'8 1'8 1'8 1'9 I' I'C Sports club C I'I'I'I'I'I'I' I' Golf facility (3)C C I'I'I'I'I'I'C Shooting range (4)C 1'5 1'5 1'5 Outdoor performance center C C C C C Riding academy C I'I'C Cultural: Library,museum and art gallery C C C I'I'I'I' I' I' I' I'C I' Church, synagogue, and temple C C I'I'I'I'I' I'I'I'I'I' Dancing,music and art center I'I' I' I'C I' (2)Development Conditions. 1.The following conditions and limitations shall apply,where appropriate: a.Parks are permitted in residential and mixed use zones when reviewed as part of a subdivision or multiple-family development proposal;otherwise a conditional use permit is required; b.Lighting for structures and fields shall be directed away from residential areas; and c.Structures or service yards shall maintain a minimum distance of 50 feet from property lines adjoining residential zones. 2.Recreational vehicle parks are subject to the requirements and conditions of Chapter 19.40 l-.1MC. 3. a.Structures,driving ranges and lighted areas shall maintain a minimum distance of 50 feet from property lines adjoining residential zones. b.Restaurants are permitted as an accessory use to a golf course. 4. a.Structures and ranges shall maintain a minimum distance of 50 feet from property lines adjoining residential zones; b. Ranges shall be designed to prevent stray or ricocheting projectiles or pellets from leaving the property;and c.Site plans shall include safety features of the range;provisions for reducing noise produced on the firing line;and elevations of the range showing target area,backdrops or butts. 5.Only in an enclosed building. 6. a.The height of any covered over-water structure shall not exceed 20 feet as measured from the line of ordinary high water; b.The total roof area of covered,over-water structures shall not exceed 1,000 square feet; QRDlNAi'lCE-Pnnarrmu REC/CLJI,TURAJ.I.AND USES ORD NO 3 l'ERMITRECUSI'.S 051506{2) 201"4 ---_.--------------------------------------- c.The entirety of such structures shall have not greater than 50 percent of the width of the lot at the natural shoreline upon which it is located; d.No over-water structure shall extend beyond the average length of all preexisting over-water structures along the same shoreline and within 300 feet of the parcel on which proposed.\Vbere no such preexisting structures exist within 300 feet, the pier length shall not exceed 50 feet; e.Structures permitted hereunder shall not be used as a dwelling; and f.Covered structures are subject to a minimum setback of five feet from any side lot line or extension thereof.No setback from adjacent properties is required for any uncovered structure,and no setback from water is required for any structure permitted hereunder. 7. a.The city may regulate,among other factors,required launching depth,and length of docks and piers; b. Safety buoys shan be installed and maintained separating boating activities from other water- oriented recreation and uses where this is reasonably required for public safety, welfare and health; and c. All site improvements for boat launch facilities shall comply with all other requirements of the zone in which itis located. 8..Excluding racetrack operation. 9.Amusement and recreation services shall be a permitted use if they are located within an enclosed building,or a conclitional use if located outside.In both instances they would be subject to the exclusion of a racetrack operation similar to other commercial zones. Section 2. Severability.If any section,subsection,sentence,clause,phrase or work of this orclinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality thereof shall not affect the valiclityor 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 12.Go<day ofyA..f)---==!.",,--,,-n_-..,--'-,2006. CITY OF MARYSVILLE By: DENNIS L KENDALL,MAYOR A~"~ Bv:t&~ ,IGERRYBEKER,CITY CLERK Approved as to form: Date of Publication: By: GRANT K.WEED,CITY ATIORNEY o{p f2.-1 It?(" ORDI"'J'~CE-PERMtTJED REC/CUI;t1JRALI_"ND USES ORt)NO 3 PERMlTRECUSI';$05150(,(2) 30r4 f • Effective Date: (5 days after publication) ORDlNA:":CE-PE.R)lIITfED REc/CULTIJRAI.U\l"D USE..s ORD NO 3 PERMITREcUSES 051506(2) 401'4