HomeMy WebLinkAboutO-2742 - Adds Sec. 19.06.120 and 19.14.040; amends Sec. 19.08.030, cottage housing developments (Repealed by 2852) (2)\
CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.)..1tj-)..
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON RELATED
TO COTTAGE HOUSING,ADDING A NEW SECTION 19.14.040 COTTAGE
HOUSING DEVELOPMENTS;ADDING A NEW SECTION 19.06.120 COTTAGE
HOUSING;AMENDING SECTION 19.08.030 TABLE 1;AND ADDING A
FOOTNOTE 23 TO 19.08.030(2).
WHEREAS,the City Council of the City ofMarysville does find 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,the City's Planning Commission and professional planning staffare
recommending that the City's development regulations related to Cottage Housing need to be added
in order to encourage developers to utilize more flexible land use development approaches,which
can result in projects that accomplish the goals of the Comprehensive Plan and that further the
public interest of the City and its citizens;and
WHEREAS,the amendments proposed for adoption in this ordinance are consistent the
following required findings ofMMC 19.56.030:
(1)The amendments are consistent with the purposes of the comprehensive plan;
(2)The amendments are consistent with the purpose ofTitle 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,after providing notice to the public as required by law, on February 12, 2008
the Marysville Planning Commission held a public hearing on proposed changes to the City's zoning
code and received public input and comment on said proposed revisions;and
WHEREAS,at a public meeting on June 23rd, 2008 the Marysville City Council reviewed and
considered the amendments to the zoning code proposed by the Maryville Planning Commission;
WHEREAS,the City has submitted the proposed development regulation revisions to the
Washington State Department ofCommunity,Trade,and Economic Development as required by
RCW 36.70A.106;and
WHEREAS,the City has complied with the requirements ofthe State Environmental Policy
Act, Ch. 43.21C RCW, (SEPA) by adopting a determination ofnon-significance for the adoption of
the proposed revisions to the City's development regulations;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Adding a new Section 19.14.040 'Cottage Housing Developments'to read as follows:
MMC 19.14.040 Cottage Housing Developments
ORDINANCE·1
FINAL COTTAGE HOUSING ORD
(1)Purpose.
The purpose of this section is to:
(a)Provide a housing type that responds to changing household sizes and ages
(e.g.,retirees,small families, single person households);
(b)Provide opportunities for ownership of small,detached units within a single-
family neighborhood;
(c)Encourage creation ofmore usable space for residents of the development
through flexibilityin density and lot standards;
(d)Support the growth management goal of more efficient use ofurban residential
land;and
(e)Provide guidelines to ensure compatibility with surrounding uses.
(2) Applicability.
Cottage housing developments are allowed in the following areas:residentially zoned
properties within in Downtown Planning Area 1; single-family zones where properties are
encumbered by at least 35% critical areas and associated buffers;and single-family zoned
parcels adjacent,including across the street in some cases, to multi-family,commercial and
industrial zoned parcels, as a transition to multi-family,commercial and industrial uses.
(3)Accessory dwelling units shall not be permitted in cottage housing developments.
(4)Density and Minimum Lot Area.
(a)Cottage housing developments shall contain a minimum of four (4)cottages
arranged on at least two (2)sides of a common open space or configuration as
otherwise approved by the director,with a maximum of twelve (12)cottages per
development.
(b)On a lot to be used for a cottage housing development,existing detached single-
family residential structures,which may be nonconforming with respect to the
standards ofthis section,shall be permitted to remain,but the extent of the
nonconformity may not be increased.Such nonconforming dwelling units shall be
included in the maximum permitted cottage density.
(c)Cottage housing developments shall be allowed a density not to exceed 2.0 times
the base density allowed in the underlying zone.
(5)Height Limit and Roof Pitch.
(a)The height limit permitted for structures in cottage housing developments shall
be eighteen (18) feet.
(b)The ridge ofpitched roofs with a minimum slope ofsix to twelve (6:12) may
extend up to twenty-eight (28) feet.The ridge ofpitched roofs with a minimum
slope offour to twelve (4:12) may extend up to twenty-three (23) feet. All parts of
the roof above eighteen (18) feet shall be pitched.
(6)Lot Coverage and Floor Area.
(a)The maximum lot coverage permitted for buildings in cottage housing
developments shall not exceed forty percent (40%)and the maximum total lot
coverage shall not exceed sixty percent (60%).
(b)The maximum main floor area is 800 square feet.
ORDINANCE - 2
FINAL COTIAGE HOUSING ORD
(c)The total floor area ofeach cottage shall not exceed either 1.5 times the area of
the main level or twelve hundred (1,200)square feet,whichever is less.Enclosed
space in a cottage located either above the main level and more than twelve (12)
feet above finished grade,or below the main level, shall be limited to no more than
fifty (50)percent ofthe enclosed space ofthe main level, or four hundred (400)
square feet,whichever is less. This restriction applies regardless ofwhether a floor
is proposed in the enclosed space,but shall not apply to attic or crawl spaces (less
than 6' in height).
(d)Attached garages shall be included in the calculation of total floor area.
(e) Areas that do not count as total floor area are:
(i)Unheated storage space located under the main floor of the cottage.
(ii)Attached roofed porches.
(iii)Detached garages or carports.
(iV)Spaces with the ceiling height ofsix feet or less measured to the
exterior walls, such as a second floor area under the slope of a roof.
(I)The total square foot area of a cottage dwelling unit may not be increased. A
note shall be placed on the title to the property for the purpose ofnotifying future
property owners that any increase in the total square footage of a cottage is
prohibited for the life of the cottage or duration ofCity cottage regulations.
(7) Yards.
(a)Front Yards.The front yard for cottage housing developments shall be ten feet
(10').
(b)Rear Yards.The minimum rear yard for a cottage housing development shall be
ten (10) feet.Ifabutting an alley the rear yard setback may be reduced to five feet
(5,).
(c) Side Yards.The minimum required side yard for a cottage housing development
shall be five (5) feet.When there is a principal entrance along a side facade, the side
yard shall be no less than ten (10) feet along that side for the length ofthe
pedestrian route.This ten (10)foot side yard shall apply only to a height of eight
(8) feet above the access route.
(d)Interior Separation for Cottage Housing Developments.There shall be a
minimum separation ofsix (6) feet between principal structures.When there is a
principal entrance on an interior facade of either or both of the facing facades, the
minimum separation shall be ten (10) feet.
(8)Required Open Space.
(a)Quantity ofOpen Space. A minimum offour hundred (400)square feet per unit
oflandscaped open space is required.This quantity shall be allotted as follows:
i. A minimum oftwo hundred (200)square feet per unit shall be private
usable open space (Setbacks and common open space shall not be counted
as private open space.);and
11.A minimum ofone hundred fifty (150)square feet per dwelling unit
shall be provided as common open space. (Setbacks and private open
space shall not be counted as common open space.)
(b)Critical areas and buffers shall not be counted as open space.
ORDINANCE - 3
FINAL CQTIAGE HOUSING ORD
(c)Each house shall abut it's private open space. A fence or hedge not to exceed 3'
may separate private open space from common open space.
(9)Development Standards.
Cottages shall be oriented around and have their main entry from the common open space.
(a)Private usable open space shall be provided in one (1)contiguous area with a
minimum area of two hundred (200)square feet.No horizontal dimension of the
open space shall be less than ten (10) feet and shall be oriented toward the
common open space,as much as possible.
(b)Required common open space shall be provided at ground level in one (1)
contiguous parcel.Each cottage shall abut the common open space,and the
common open space shall have cottages abutting at least two (2) sides.
(c)The minimum horizontal dimension for common open space shall be ten (10)
feet.
(d)Each cottage unit shall have a covered porch or entry ofat least 60 square feet
with a minimum dimension ofsix (6) feet on any side.
(e)Secondary entrances facing a street or sidewalk shall have a five-by-five foot
porch.
(f)Separation ofidentical building elevations.Units ofidentical elevation types
must be separated by at least two different elevations.This will result in at least
three different elevation plans per cluster.No two adjacent structures shall be built
with the same building size or orientation (reverse elevations do not count as
different building elevations),facade,materials,or colors.
(g)Variety in building design. A variety of building elements and treatments of
cottages and accessory structures must be incorporated.Structures must include
articulation,change in materials or texture,windows,or other architectural feature
as shown in the City's Design Standards.No blank walls are allowed.
(b)5'wide Pedestrian pathways (sidewalks)must be included to provide for
movement ofresidents and guests from parking areas to homes and other
amenities.
(10)Parking shall be:
(a)Located on the cottage housing development property.
(b)Located in clusters of not more than five (5)adjoining spaces.
(c)Screened from public streets and adjacent residential uses by landscaping or
architectural screening.
(d)Parking is allowed between or adjacent to structures only when it is located
toward the rear ofthe principal structure and is served by an alley or private
driveway.
(e)Off-street parking requirements are as follows:Units under 700 square feet: 1
space per unit;Units between 700-1,000 square feet: 1.5 spaces per unit; and
Units over 1,000 square feet 2 spaces per unit.At least one (1)parking stall per
dwelling will be enclosed or covered.
(f)Access to parking shall be from the alleywhen property abuts a platted alley
improved to the City's Engineering Design and Development Standards or when
the Director determines that alley access is feasible and desirable to mitigate
parking access impacts.
(g)Not located in the front yard.
ORDINANCE - 4
FINAL COTTAGE HOUSING ORD
(ll)Covered Parking areas should be located so their visual presence is minimized,and
associated noise or otherimpacts do not intrude into public spaces.These areas should
also maintain the single family character along public streets.
(a)For shared detached garages, the design ofthe structure must be similar and
compatible to that of the dwelling units within the development.
(b)Shared detached garage structures shall be reserved for the parking ofvehicles
owned by the residents of the development.Storage ofitems which preclude the
use of the parking spaces for vehicles is prohibited.
(c)The design of carports must include rooilines similar and compatible to that of
the dwelling units within the development.
(12)Screening reqnirements.
(a)Boundaries between cottage dwellings and neighboring properties shall be
screened with landscaping to reduce the appearance ofbulk or intrusion onto
adjacent properties,or otherwise treated (ie though setbacks or architectural
techniques)to meet the inteut of this section.
(b)Common waste and other storage receptacles shall not be placed in the front
yard setback area.
(c)Common waste and other storage receptacles shall be architecturally screened
and!or screened with landscaping so as to mask their appearance to residents,
adjacent property owners,and the public right-of-ways.
(13)Requests for Modifications to standards.
The Community Developmeut Director may approve minor modifications to the general
parameters and design standards set forth in this chapter provided the following criteria
are met:
(a)The site is constrained due to unusual shape,topography,easements or sensitive
areas.
(b)The modification is consistent with the objectives of this Chapter.
(c)The modification will not result in a development that is less compatible with
neighboring land uses.
Adding a new Section 19.06.120 'Cottage Housing Developments'to read as follows:
A grouping of small, single-family dwelling units,clustered around a common area and developed
with a coherent plan for the site in accordance with MMC Section 19.14.040 'Cottage Housing
Developments'.
Section 19.08.030 Table 1 is hereby amended to read as follows:
19.08.030 Residential land uses.
(1)Table.
Specific Land Use D '------'
ORDINANCE - 5
FINAL COITAGEHOUSING ORD
RU R 4.5-8
R 12-NB CB GC DC MU BP LI GI P/I28
Dwelling Units, Types:
Singledetached (22)P18 P18 P18
Cottage housing C23 C23
Duplex (22)P PllC P
Townhouse P3 P P17 P
Multiple-family P C9
P9, P9,P9, P17 PCIS CIS
Mobile home Pl9 P19,P19 Pl9 Pl9 Pl9 P19 Pl9 Pl9 P19 P19C3
Mobile home park C C14,P P
Senior citizen assisted C2 C2 P C P
Factory-built PIO PIO P10
Guesthouse P6
Caretaker's quarters (8)P P P P P P P
Group Residences:
Adult family home P P P P P P P P P
Convalescent,nursing,C2 C2 C P P P P Pretirement
Residentialcare facility P P P P P P P P P
Accessory Uses:
Residentialaccessoryuses (1)P P P(12) (16)
Home occupation (5)P P P20 P20
P20, P20, P20, P20,P21 P21 P21P21 P21 P21 P21
Temporary Lodging:
Hotel/motel P P P P P P P P
Bed and breakfast guesthouse C C13 P(4)
Bed and breakfast inn (4) C P P P P
Section 19.08.030(2)is hereby amended to read as follows:
(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.
ORDINANCE - 6
FINAL COTIAGEHOUSING ORD
3.Only as part ofa 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 rentalunits 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 ofproviding 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 International 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-6.5 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..
ORDINANCE -7
FINAL COTTAGE HOUSING ORD
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 ofa commercial use,ifconditional 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 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 offive feet, or 10 feet on the flanking street of a corner lot, and a minimum rear
setback offive feet;and
iii.Vehicle access points from garages, carports,fenced parking areas or other accessory
building(s), the entrance ofwhich 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 of10 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 ifthe 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 ofthe residential neighborhood in which they are proposed to be located,and shall
be subject to,but not limited to, the following development standards:
ORDINANCE -8
FINAL COTTAGE HOUSING ORD
A.The architectural character ofthe 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 ofthe 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 ofdowntown vision plan area, as
incorporated into the city ofMarysville comprehensive plan.
18.Manufactured homes must:
a. Be no more than two years old, as evidenced by the date ofmanufacture recorded on the
HUD data plate;
b. Be 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;
c.Meet all 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
October 16, 2006.
20.Home occupations are limited to home office uses in multifamily dwellings.No signage
is permitted in townhouse or multifamily dwellings.
21.Permitted in a legal nonconforming or conforming residential structure.
22.No more than one single-family detached or duplex dwelling(s) is allowed per lot except
in planned residential developments,Chapter 19.48 MMC,using the binding site plan
process and designated,on the face of the BSP, for multiple single-family detached dwellings
on a single parcel;or accessory dwelling units through the provisions of Chapter 19.34
MMC.
23.Subject to MMC cottage housing provisions,MMC 19.14.040.
Section 3. Severability.If any section,subsection,sentence,clause,phrase or work ofthis
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 ofany other
section,subsection,sentence,clause,phrase or word of this ordinance.
ORDINANCE - 9
FINAL COITAGE HOUSING ORD
PASSED by the City Council and APPROVED by the Mayor this,;)3'(cD day of
:5'~,2008.
CITY OFMARYSVIlJF I /
By:3~L;r;;p;
DENNIS L.KENDALL,MAYOR
Date ofPublication:
Effective Date:r O{
(5 day after ublication)
ORDINANCE -10
FINAL COTIAGEHOUSING ORD