HomeMy WebLinkAboutO-2776 - Amends Sec. 19.08.030 and Ch. 19.34, residential accessory structures (Repealed by 2852)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO.J.77C?
I
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
AMENDING THE CITY'S DEVELOPMENT REGULATIONS
RELATING TO RESIDENTIAL ACCESSORY STRUCfURES AND
ACCESSORY DWELLING UNITS, AND AMENDING CHAPTERS 19.08
AND 19.34 OF THE MARYSVILLE MUNICIPAL CODE.
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.106 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
panicipation 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 panicipation and processing requirements
established by the Growth Management Act, as more fully described below; and
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
MIvlC); and
WHEREAS, the Zoning Code amendment is consistent with the following required
findings of MIvlC 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 lvllVIC;
(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 Marysville Planning Commission, after review of the proposed amendment,
held a public workshop on JanualY 13,2009 and held public hearings on FebrualY 10,2009,
February 24,2009 and April 28, 2009, where staff presented a recommendation and testimony was
solicited from the general public, following public notice in accordance with Chapter 18.10 MMC;
and
WHEREAS, at a public meeting on May 26, 2009, the Marysville City Council reviewed and
considered the amendment to the Zoning Code proposed by the Marysville Planning Commission;
and
WHEREAS, the City of Marysville has submitted the proposed development regulation
revisions to the Washington State Department of Community, Trade, and Economic Development
as required by RCW 36.70A.106; and
WHEREAS, the City has complied with the requirements of the State Environmental Policy
Act, Ch.43.21C RCW, (SEPA) by adopting a determination of non-significance forthe proposed
revisions to the City's development regulations;
NOW, THEREFORE, THE OTY COUNOL OF THE OTY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Chapter 19.34 MMC is hereby amended by amending MMC 19.34.010 through
19.34.030 to read as follows:
Chapter 19.34
RESIDENTIAL ACCESSORY STRUCTURES
Sections:
19.34.010 Purpose.
19.34.020 Accessory structure standards.
19.34.030 Accessory dwelling unit standards.
19.34.010 Purpose.
The purpose of this chapter is to allow for residential accessory structures, including secondary
dwelling units, to be established which are incidental to the primary residential use of a single-family
residence, while ensuring compatibility with surrounding single-family uses. The accessory structure
must be clearly secondary to the primary use. Accessory structures or uses may not be established
until the principal structure is constructed on the property. (Ord. 2131,1997).
19.34.020 Accessory structure standards.
In the zones in which a residential accessory structure is listed as a permitted use, the community
development director or designee shall review all proposals to construct an accessory structure. The
following standards and regulations shall apply to all proposed accessory structures; provided that
accessory dwelling units shall only be allowed in zones where they are a pem-litted use and shall also
comply with the standards set forth in Section 19.34.030:
(1) Accessory structures on properties less than one acre in size shall comply with the following
density and dimensional requirements:
(a) The footprint of all detached accessory structures shall not exceed the lesser of:
(i) Fifteen percent of the total lot area in the R-4.5, R-6.5, R-8 and WR-R4-8 zones, or 20
percent of the total lot area in the R-12-28 and WR-R6-18 zones; or
(ii) Eighty percent of the footprint of the primary residential structure.
(iii) The community development director may allow minor deviations to these
dimensional requirements in order to accommodate industry standards for building
din1ensions.
(b) The height of all detached accessory structures shall not exceed 20 feet, except that
detached accessory structures containing an accessory dwelling unit shall not exceed the
base height for the zone.
(2) A detached garage, carport or other penrutted accessory building may be located in the rear
yard, provided that:
(a) Not more than 50 percent of the required rear setback area is covered; and
(b) Accessory structure(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
(c) Vehicle access points from garages, carports, fenced parking areas or other accessory
structure(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 structure's entrance faces an alley
with a right-of-way width of 10 feet, in which case the accessory structure(s) shall not be
located within 20 feet from the rear lot line; and
(d) In Planning Area 1 "Downtown Neighborhood," the rear setbacks outlined in
subsections 2(b) & (c) may be reduced to two feet from the rear lot line; provided that
the alley right-of-way is a minimum of 20 feet in width. Where the alley right-of-way is
less than 20 feet in width, the property owner shall be required to dedicate to the city
sufficient property to widen the abutting alley to the full width as measured from the
design centerline, so as to conform to the applicable road standards specified by the City
Engineer. Upon dedication of the necessary right-of-way, the rear setback may be
reduced to two feet from the rear lot line. Where an existing, nonconfonning structure is
internally remodeled to include an accessory dwelling unit, but the footprint of the
structure is not increased, the structure can be allowed to remain at a zero setback
provided that the right-of-way is 20 feet in width.
(e) Detached accessory buildings exceeding one story shall provide the minimum required
yard setbacks for principal buildings in the zone; and
(f) An accessory structure, which is located in the rear setback area, may be attached to the
principal structure; provided, that no portion of the principal building is located within
the required yard setbacks for principal structures in the zone.
(3) A detached garage, carport or other pennitted accessory structure 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:
(a) Accessory structures that are located in the front or side yard, or on the
flanking street side of a comer lot, shall be consistent with the architectural character
of the residential neighborhood in which they are proposed to be located, and shall
be subject to, but not limited to, the following development standards:
(i) The access01Y structure shall be consistent with the architectural character
of the principal structure; and
(ii) The accessory structure shall have a roof pitch similar to the principal
structure and have siding and roofing materials similar to or compatible with
those used on the principal structure. No metal siding or roofing shall be
pennitted unless it matches the siding and roofing of the principal structure,
or unless it is a building material that is of a residential character such as
metal tab roofing or other products consistent with standard residential
building materials. Plans forthe proposed accessory structure(s) indicating
siding and roofing matetials shall be submitted with the application; and
(iii) Detached accessory structures located in the front or side yard shall
provide the minimum required yard setback for principal structures in the
zone.
(4)The community development director is specifically authorized to allow an increase in the
size of a detached accessory structure overthe requirements outlined in subsection (1),
provided that the accessory structure(s) shall be compatible with the principal structure
and/or neighborhood character. To make this determination, the communitydevelopment
director may consider such factors that include, but are not limited to, view obstruction, roof
pitch, building materials, screening and landscaping, aesthetic impact on surrounding
properties and streetscape, incompatible scale with dwellings on surrounding properties, and
impact on neighborhood character. The community development director shall also have the
authority to impose greater setback requirements, landscape buffers, or other locational or
design requirements as necessary to mitigate the impacts of accessory structures which are
greater in size than otherwise allowed by this section.
19.34.030 Accessory dwelling unit standards.
In the zones in which an accessory dwelling is listed as a permitted use, the community development
director shall review all proposals to establish an accessory dwelling unit. The following standards
and regulations shall apply to all proposed accessory dwelling units:
(1) An owner-occupant of a single-family dwelling unit may establish only one accessory unit,
which may be attached to the single-family dwelling, or detached in an accessory building. An
accessory dwelling unit may not be located on a lot on which a temporary dwelling, as defined in
Chapter 19.44 MMC, is located.
(2) The single-family dwelling unit must be owner-occupied on the date of application and remain
owner-occupied for as long as the accessory unit exists. A covenant shall be required which is
signed by the owner, and recorded against the property as pan of the application process.
(3) The floor area of the accessory dwelling unit shall not exceed 35 percent of the total floor area
of the original single-family dwelling, and shall comply with the density and dimensional
requirements set forth in Section 19.12.030. In no case shall the accessory dwelling unit be less
than 300 square feet in size, or have more than two bedrooms. Floor areas shall be exclusive of
garages, porches, or unfinished basements.
(4) The architectural character of the single-family dwelling shall be preserved. Exterior materials,
roof fonn, and window spacing and proportions shall match that of the existing single-family
dwelling. Only one main entrance shall be permitted on the front (street face) of the dwelling;
provided, that this limitation shall not affect the eligibility of a residential structure which has
more than one entrance on the front or street side on the effective date of the ordinance codified
in this chapter.
(5) One off-street parking space shall be provided and designated for the accessory apartment (in
addition to the two off-street parking spaces required for the primaly single-family dwelling unit).
Driveways may be counted as one parking space but no parking areas other than driveways shall
be created in front yards. When the property abuts an alley, the off-street parking space for the
accessory dwelling unit shall gain access from the alley.
(6) An owner-occupant of a single-family dwelling with an accessory apartment shall file, on a
fonn available from the planning department, a declaration of owner occupancy with the planning
department prior to issuance of the building permit for the accessory apartment and shall renew
the declaration annually. The initial declaration of owner occupancy shall be recorded with the
county auditor prior to filing the declaration with the planning department.
(7) 'The owner-occupant(s) may reside in the single-family dwelling unit orthe accessory dwelling
umt.
(8) In addition to the conditions which may be imposed by the community development director,
all accessory dwelling units shall also be subject to the condition that such a permit will
automatically expire whenever:
(a) The accessory dwelling unit is substantially altered and is thus no longer in conformance
with the plans approved by both the comn1w1ity development director and the building
official; or
(b) The subject lot ceases to maintain at least three off-street parking spaces; or
(c) The owner ceases to reside in either the principal or the accessory dwelling unit;
provided, that in the event of illness, death or other unforeseeable event which prevents the
owner's continued occupancy of the premises, the community development director may,
upon a finding that discontinuance of the accessory dwelling unit would cause a hardship on
the owner andlor tenants, grant a temporary suspension of this owner-occupancy
requirement for a period of one year. The community development director may
grant an extension of such suspension for one additional year, upon a finding of
continued hardship. (Ord. 2415 § 1,2002; Ord. 2131,1997).
Section 2. Chapter 19.08 MMC is hereby amended by amending MMC 19.08.030 to read as
follows:
19.08.030 Residential land uses.
(1) Table.
Specific Land Use
RU R 4.5
8
R 12
28
NB CB GC DC MU BP LI GI P/I
Dwelling Units,
Types:
Single detached (22) P18 P18 P18
Cottage housing C7 C7
Duplex (22) P PllC P
Townhouse P3 P P17 P
Multiple-family P 0) P9,
C15
P9,
C15
P9,
P17
P
Mobile home P19 P19,
0
P19 P19 P19 P19 P19 P19 P19 P19 P19
Mobile home park C C14,
P
P
Senior citizen assisted C2 C2 P C P
Factory-built Pl0 P10 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,
retIrement
C2 C2 C P P P P P
Residential care facility P P P P P P P P P
Accessory Uses:
Residential accessory
uses (1) (12) (16)
P P P
Home occupation (5) P P P20 P20 P20,
P21
P20,
P21
P20,
P21
P20,
P21
P21 P21 P21
Temporary Lodging:
HoteVmotel P P P P P P P P
Bed and breakfast
guesthouse (4)
C C13 P
Bed and breakfast inn C P P P P
(4) .. (2) Development Condmons.
1. Accessory dwelling units must comply with development standards in Section
19.34.030 1vllv1C, Accessory dwelling unit standards.
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 M:MC, Bed and Breakfasts.
5. Home occupations are subject to the requirements and standards contained in Chapter
19.321vllv1C, 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 bull.;. and dimensional requirements for the zone in which it is located.
7. Subject to MMC cottage housing provisions, M:MC 19.14.040.
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 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 pennit 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 pennit is required in the low density multiple-family zone.
15. Twenty percent of the emits, 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.
16. Residential acceSSOlY structures must comply with development standards in Section
19.34.020 11MC, Accessory structure standards.
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:
a. Be no more than five years old, as evidenced by the date of manufacture 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 horne 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. Horne occupations are limited to horne 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 19.4811MC, 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 11MC.
(Ord. 2742, 2008; Ord. 2662 § 1,2006; Ord. 2639 § 1,2006; Ord. 2631 § 3, 2006; Ord.
2626 § 4, 2006; Ord. 2575 § 1,2005; Ord. 2463A § 1,2003; Ord. 2433 § 1,2002; Ord. 2410 § 1,
2002; Ord. 2151 § 5,1997; Ord. 2131,1997).
Section 3. Severability. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a coun 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 CityCDlffiCil and APPROVED by the M1yorthis 5"w' day of
_---=~=tf:_urr-JL. , 2009.
Attest~ ~
BY' ____'~~ClERK
Approved as to fOlID: fl
By: ~~
GRANT K. WEED, OTY ATTORNEY
Date of Publication: &/ID /07
Effective Date:
(5 da after publication)