HomeMy WebLinkAboutO-2802 - Adds Ch. 19.47; amends Sec. 19.08.030, master planned senior communities (Repealed by 2852)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE No.2~O~
An Ordinance of the City Council of the City of Marysville, Washington,
establishing development regulations for Master Planned Senior
Communities, amending MMC 19.08.030 to add Master Planned Senior
Communities to the table of residential land uses, and adopting a new
Chapter 19.47 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
participation 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 participation and
processing requirements established by the Growth Management Act, as more fully
described below; and
WHEREAS, the City desires to amend the Zoning Code to provide for
developments that incorporate a variety of housing, care options, and related uses for senior
citizens; and
WHEREAS, this Zoning Code amendment is consistent with the following required
findings of MMC 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 July 14, 2009, July 28,2009; and
WHEREAS, after providing notice to the public as required by law, on September
9, 2009, the Planning Commission held a public hearing on proposed changes to the
City's Zoning Code; and
1lO-Dec-09 Master Planned Senior Communities
WHEREAS, at a public hearing on December 14,2009, the City Council reviewed
and considered the amendment to the Zoning Code proposed by the Planning
Commission; and
WHEREAS, the City has submitted the proposed development regulation
revisions to the Washington State Department of Commerce 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 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:
Section 1. A new Chapter 19.47 Marysville Municipal Code is hereby adopted to read
as follows:
Chapter 19.47 MMC, Master Planned Senior Communities
Sections:
19.47.010 Intent and Purpose.
19.47.020 Applicability.
19.47.030 Master Planned Senior Community -Site qualifications.
19.47.040 Permitted uses.
19.47.050 Procedures for review and approval.
19.47.060 Required Elements of Master Planned Senior Community site plan and
application.
19.47.070 Affordability.
19.47.080 Age Requirements.
19.47.090 Development Regulations.
19.47.100 Modification of Development Regulations.
19.47.10 Intent and Purpose.
This chapter is intended to provide for developments that incorporate a variety of housing, care
options, and related uses for senior citizens. Developments may consist of individual lots or
may have common building sites. It is further intended that commonly owned land be related to
and preserve the long-term value of the development. This chapter is not intended to be used
21O-Dec-09 Master Planned Senior Communities
for the development a single use or housing type, which would otherwise be permitted in other
zones under the regular zoning provisions.
In addition, the purpose of this chapter is as follows:
1. To allow the development of unique communities in residential, commercial and
public/institutional zones that are designed to accommodate the increased housing
needs of senior citizens and disabled persons, through the provision of a variety of
housing types, services and continuum of care, including independent senior housing,
assisted living and nursing care, as well as recreation, dining and on-site medical
facilities and services.
2. To encourage long-time Marysville residents to remain in the community.
3. To encourage/implement Active Aging strategies within senior communities.
4. To ensure that the requirements of the Americans with Disabilities Act (ADA) and
Universal Design principles are incorporated within senior communities.
5. To ensure that affordable and special needs housing opportunities are dispersed
throughout the City, not concentrated.
6. To permit higher densities for senior housing that provides amenities and services.
7. To assist in meeting Snohomish County Tomorrow Fair Share Housing Allocation targets
for special needs housing and services.
19.47.020 Applicability.
An applicant may request to utilize the Master Planned Senior Community provisions, if the site
meets the site qualification criteria of this chapter and concurrently utilizes a land division
process or a commercial/multifamily site plan.
19.47.030 Master planned senior community -Site qualifications.
A Master Planned Senior Community (MPSC) may be established at a particular location if the
following site qualifications are met:
1. The site development must incorporate a range of housing and care options for seniors,
including a mix of independent senior housing, senior assisted living and nursing
facilities.
At the discretion of the Community Development Director, a development providing for a
range of care types, but not necessarily all of those listed above, may be permitted,
subject to satisfactory demonstration by the applicant that the resulting community
meets the intent and purpose of these regulations.
2. The site must be served by adequate public facilities, including public sewers, water
supply, roads and other needed public facilities and services.
3lO-Dec-09 Master Planned Senior Communities
3. The site must have close proximity to existing or planned services.
4. The site shall be a minimum of twenty units, with at least fifty percent of all units in the
community being senior apartments/multi-family, assisted living or nursing
home/convalescent care units or beds.
19.47.040 Permitted uses.
The following uses are permitted in Master Senior Planned Communities:
1. Age-restricted, independent housing, attached or detached.
2. Age-restricted, independent apartments, townhomes or condos (multi-family units).
3. Senior citizen assisted living dwelling units/facilities.
4. Convalescent, nursing, rest homes.
5. Accessory uses -Services and businesses that serve the residents of the senior
community, including recreational, educational, health, personal, professional and
business services and retail stores shall be permitted. In residential zones, these uses
shall be sized for and used solely by residents of the community. Such uses shall be
integrated with the units and oriented towards the interior of the project; no signs or other
evidence of business facilities shall be visible from the periphery of the community.
19.48.050 Procedures for review and approval
The Master Planned Senior Community review and approval process shall occur
concurrently with the underlying land use action. The decision-making authority for the
underlying land use action shall also be the decision-making authority for the MPSC.
1. Site Plan. A site plan meeting the requirements of this chapter, Chapter 19.14 MMC,
and Title 20 MMC, if applicable, shall be submitted with all applications for a MPSC. The
site plan may be approved, approved with conditions, or denied by the city. Specific
development regulations may be modified in accordance with this chapter, and special
requirements may be applied to the property within the MPSC. Modifications and
special requirements shall be specified in the approval and shown on the approved site
plan.
2. Decision Criteria. It is the responsibility of the applicant to demonstrate the criteria in
this subsection have been met. The city may place conditions on the MPSC approval in
order to fulfill the requirements and intent of the city's development regulations,
comprehensive plan, and subarea plan(s). The following minimum criteria must be met
for approval to be granted:
a. Consistency with Applicable Plans and Laws. The development will comply
with all applicable provisions of state law, the Marysville Municipal Code, the
Comprehensive Plan, and any applicable subarea plan(s).
41O-Dec-09 Master Planned Senior Communities
b. Public Facilities. The community shall be served by adequate public
facilities, including streets, bicycle and pedestrian facilities, fire protection, water,
stormwater control, sanitary sewer, and parks and recreation facilities.
c. Perimeter Design. The perimeter of the Senior Master Planned Community shall
be compatible in design, character, and appearance with the existing or intended
character of development adjacent to the subject property and with the physical
characteristics of the subject property.
d. Streets, Sidewalks and Parking. Existing and proposed streets and
sidewalks within the development shall be suitable and adequate to carry
anticipated motorized and pedestrian traffic within the proposed project and in
the vicinity of the subject property. Adequate parking shall be provided to meet
or exceed the applicable requirements of the Marysville Municipal Code.
e. Landscaping shall be provided for public and semi-public spaces and shall
integrate them with private spaces. Landscaping shall create a pleasant
streetscape and provide connectivity between homes, facilities, and common
areas, using trees, shrubs and groundcover throughout the development and
providing for shade and visual relief while maintaining a clear line of sight
throughout the public and semi-public spaces.
f. Maintenance Provisions. A means of maintaining all common areas, such as
a homeowner's association, shall be established, and legal instruments shall be
executed to provide maintenance funds and enforcement provisions.
3. Amendments. An approved MPSC may be amended in accordance with the applicable
provisions of the Marysville Municipal Code.
4. Duration of Approval. The duration of approval for a MPSC shall be the same as the
underlying land use action, plat, or binding site plan.
5. Compliance. Any use of land, which requires MPSC approval, as provided in this
chapter, and for which approval is not obtained, or which fails to conform to an approved
MPSC and final site plan, constitutes a violation of this title.
19.48.060 Required elements of Master Planned Senior Community site plan and
application.
All MPSCs shall be subject to site plan approval as provided in this chapter. The following
are minimum requirements for the site plan and supplemental application materials:
1. A site plan drawing, showing property dimensions and boundaries, existing and
proposed topography, critical areas, proposed access to the site, size and shape of all
building sites and lots, and location of all building pads and open space areas;
10-Dec-09 Master Planned Senior Communities 5
2. A written explanation of the desired age restriction for the community;
3. Calculation of total project land area and net project density;
4. The total number of proposed dwelling units/beds and a description of the housing type
for each such unit;
5. Existing development within 200 feet of the site;
6. The existing edge and width of pavement of any adjacent roadways and all proposed
internal streets, off-street parking facilities, driveway approaches, curbing, sidewalks or
walkways, street channelization and type of surfaces;
7. Landscaping plan, including plant locations and species size at planting, together with
location and typical side view of perimeter fencing or berms, if any;
8. Plans for all attached dwellings, multiple-family dwellings and assisted living and nursing
facilities, and related improvements, to a scale of not less than one inch to 50 feet,
showing typical plot plans for each such building, including location of building entrance,
driveway, parking, fencing and site screening, and typical elevations of each type of
building, including identification of exterior building materials, and roof treatment;
9. Plans for signing and lighting, including typical side view of entrance treatment and
entrance signs;
10. The location of all solid waste collection points, proposed meter locations, water mains,
valves, fire hydrants, sewer mains, laterals, manholes, pump stations, and other
appurtances;
11. Conceptual drainage plans demonstrating feasibility of the proposed facilities;
12. Project staging or phases, if any;
13. Draft restrictive covenants including provisions to address enforcement of age
restrictions, affordability requirements, parking, ongoing maintenance of open space,
recreation facilities and common areas;
14. Design analysis to demonstrate the relationship of the development to surrounding land
uses, with cross sections, renderings or elevation drawings showing the scale and
character of the development;
15. Descriptions of the design features and general size and layout of the proposed
dwellings to demonstrate their appropriateness for the age-restricted population. The
material submitted must indicate how the use of universal design features will make
individual dwelling units adaptable to persons with mobility or functional limitations and
how the design will provide accessible routes between parking area, sidewalks, dwelling
units, and common areas; and
16. Such additional information as the City may deem necessary.
lO-Dec-09 Master Planned Senior Communities 6
19.47.070 Affordability-Low income housing units
1. Covenant and Duration.
a. An agreement in a form approved by the City must be recorded on the property
requiring affordable dwelling units which are provided under the provisions of this
section to remain as affordable housing for the life of the project. The agreement
shall also specify aspects of renter and/or buyer eligibility, rent and/or sales price
levels and requirements for reporting to the City or authorized housing agency
and shall be recorded at final approval. This agreement shall be a covenant
running with the land, binding on the assigns, heirs and successors of the
applicant.
2. Affordability Criteria.
a. At least 10% of the total dwelling units developed shall be available at affordable
housing costs and occupied by low-income households, as defined by this
ordinance. This applies to both rental and ownership projects.
b. For the purposes of this chapter, affordable housing is defined as "rental housing
having total housing costs, including basic utilities, that do not exceed 30 percent
of the income limit for the housing unit; or ownership housing having total
housing costs, including basic utilities, that do not exceed 80 percent of the
county median family income, as adjusted for family size as reported annually by
the US Department of Housing and Urban Development".
c. Rental housing units shall be permanently priced and occupied by households
with a total household income at or below fifty percent of the Snohomish county
median family income, as adjusted for family size.
d. Affordable ownership units shall be reserved for income-and asset-qualified
home buyers with a total household income at or below eighty percent of the
Snohomish County median family income, as adjusted for family size. Affordable
units shall be limited to owner-occupied housing, with prices restricted to same
income group, based on current underwriting ratios and other lending standards.
e. Required affordable housing shall be provided in a range of sizes comparable to
other units within the development and to the extent practicable, the number of
bedrooms in the affordable units must be in the same proportion as the number
of bedrooms in units within the entire development. The affordable units shall
generally be distributed throughout the development and have substantially the
same functionality as other units in the development.
19.47.080 Age Requirements
At least one household member must be 55 years of age or older.
71O-Dec-09 Master Planned Senior Communities
19.47.090 Development Regulations
1. Existing amenities (e.g. views, mature trees, etc.) that are unique to the site should be
preserved and incorporated into the project's design whenever possible.
2. When a MPSC project adjoining residential and commercial uses can mutually benefit
from connection rather than separation, appropriate connective elements, (e.g. walkways)
should be provided.
3. The site shall be designed and developed utilizing Crime Prevention Through
Environmental Design (CPTED) principles as set forth in MMC 19.04.050.
4. Building Design and Layout
a. Development of the site is subject to compliance with Chapter 19.14 MMC,
Development Standards -Design Requirements.
b. When a Senior Master Planned Community is located within, or adjacent to,
single-family residential zones and is, or may be, surrounded by traditional single
family development, the community shall be designed and developed so as to be
consistent with a single-family residential environment. Larger scale (i.e. multi
unit buildings, nursing care facilities) buildings shall be located on the site so as
to least impact surrounding single family uses and to create a consistent
streetscape that is in the desired character for a residential area.
c. When a Senior Master Planned Community is located within, or adjacent to,
commercial or multi-family zones and is, or may be, surrounded by traditional
commercial or multi-family development, any multi-unit buildings and nursing
care facilities on the site shall be placed to consider the visual continuity between
the proposed and existing adjacent development with respect to building
setbacks and placement of structures to create a consistent streetscape.
d. Multiple buildings in a single project should provide a functional relationship with
one another to achieve a sense of place by use of the following techniques:
i. Cluster buildings around open space areas or courtyards, not
parking lots.
ii. Provide open space areas and courtyards with landscaping and
other pedestrian amenities.
iii. Provide convenient pedestrian circulation between buildings, open
space, and parking areas.
iv. Link buildings together visually, using such elements as trellis
structures, arcades, and/or enhanced paving.
10-Dec-09 Master Planned Senior Communities 8
v. Where feasible and desirable, locate buildings near public streets,
thus creating a strong presence thereon.
5. Building and Unit Design
Universal Design (also known as "Aging in Place") is a method of design that seeks to
create development that can be used by everyone, regardless of age or physical condition.
All projects shall implement, at minimum, the following Universal Design principles:
a. No-step entries.
b. One-story living such that an eating area, bathroom, and sleeping area are
available on the same floor.
c. ADA accessible doors, hallways and bathrooms.
d. Room thresholds that are flush.
e. Adequate lighting throughout the dwelling unit.
6. Architectural style and design guidelines
a. Multi-family and nursing/assisted living facilities shall comply with Section
19.14.050 MMC. Attached/detached single family dwelling units shall comply
with Section 19.14.095 MMC.
7. Utility and mechanical equipment
a. All mechanical equipment shall be architecturally screened from view.
b. Utility equipment (e.g. electric and gas meters, electrical panels, and junction
boxes) should be located in utility rooms within the structure or utility cabinets
with exterior access.
8. Solid waste and recycling.
a. Developments shall provide storage space and collection points for solid waste
and recyclables in accordance with Section 19.14.150 MMC and Chapter 7.08
MMC.
9. Parking and circulation
a. Project entries should provide the resident and visitor with an overview of the
project through either an easy visual assessment (in smaller projects) or by
providing signage or placards that illustrate the circulation, parking, building, and
amenity layout of the project.
lO-Dec-09 Master Planned Senior Communities
Ord MPSCs_2
9
b. The principal vehicular access should be through an entry drive rather than a
parking aisle, when possible. Colored, textured paving treatment at entry drives
together with lush landscaping is strongly encouraged.
c. The number of required off-street parking stalls shall be in accordance with
Section 19.18.160 MMC. The Community Development Director may approve
alternative parking requirements upon satisfactory demonstration by the
applicant that the site will have adequate parking to serve all proposed uses
and/or that the community is located within walking distance of a neighborhood
center that offers a variety of services and a safe walking route is provided.
d. If parking is not attached to the residential structures, covered carports and
dispersed parking courts are the desired alternative.
e. A parking court should not consist of more than 2 double-loaded parking aisles
(bays) adjacent to each other.
f. Carports should provide no more than 5 parking spaces within each structure.
The structures should be constructed with material consistent with those used in
building construction.
g. All parking standards identified in Chapter 19.18 MMC, Development Standards
-Parking and Circulation, shall apply, except as may be specified herein.
10. Pedestrian access.
a. Drop-off points should be provided at major building entries and plaza areas.
b. The project should be designed to minimize the need for pedestrians to cross
parking aisles and landscape islands to reach building entries.
c. Stamped or painted concrete walkways should be provided in areas where it is
necessary for pedestrians to cross drive or parking aisles.
d. All projects shall provide a clear connection between the on-site pedestrian
circulation system and the off-site public sidewalk.
11. Landscaping.
Landscaping shall comply with Chapter 19.16 MMC, Development Standards,
Landscaping, except as may be specified herein.
12. Public transportation amenities.
a. A sheltered bus stop with a canopy provided with architecture consistent with the
project shall be provided, if required in coordination with local transit agencies.
b. In cases when a public bus stop is, or may be in the future, located within the
frontage of a proposed site, a bus stop or cover shall be provided.
101O-Dec-09 Master Planned Senior Communities
13. On-site common recreational facilities.
a. Recreational amenities shall be appropriately distributed throughout the
community. Such facilities shall consist of open or enclosed areas for residents of the
community to congregate for recreation and leisure. Structures with multiple-family style
dwelling units (i.e. independent senior housing apartment units, assisted living dwelling
units, etc.) shall provide open space or active or indoor recreation space consistent with
the following chart:
Type of Dwelling Unit Outdoor Open Space Active Outdoor or Indoor
Recreation Facility
Studio & one bedroom 90 square feet per unit 45 square feet per unit
Two bedroom 130 square feet per unit 65 square feet per unit
Three or more bedroom 170 square feet per unit 85 square feet per unit
b. The following standards shall be utilized for outdoor recreational facilities:
1. The design and orientation of these areas should take advantage of
available sunlight and should be sheltered from the noise and traffic of
adjacent street or other incompatible uses.
2. Each outdoor open space area should have a focal point. The focal point
may consist of, but need not be limited to, water fountains, landscape
planters, monuments, waterways, view points, artwork, trellises or
gazebos. The focal point of all open space areas shall complement one
another by maintaining a common theme, consistent furnishing, and
signage.
3. On-site outdoor recreation space shall:
i. Be of a grade and surface suitable for recreation;
ii. Be one continuous parcel if less than 3,000 square feet in size;
iii. Have no dimension less than 30 feet (except trail segments);
iv. Be situated and designed to be visible from adjacent buildings and
uses on-site; and
v. Be accessible and convenient to all residents within the
development.
1O-Dec-09 Master Planned Senior Communities 11
4. The required amount of on-site common recreation space may be
reduced by the Community Development Director, if it is demonstrated
that the facilities provided on-site will offer residents with exceptional
opportunities to participate in active aging (i.e. physical activity programs,
trails, tennis courts, swimming pools, or other amenities deemed
appropriate), and/or if it is demonstrated that the community is located
within walking distance of a pedestrian-friendly neighborhood center and
a safe walking route is provided.
14. Private open space.
Each single family attached or detached dwelling unit shall be provided a private open
space area, free and clear of any attached or detached accessory structures, as follows:
a. Each unit shall be provided 100 square feet of private yard with a minimum
interior dimension of 10 feet.
b. The required amount of private open space may be reduced by the Community
Development Director as provided in Section 19.47.090(15) MMC.
15. Covenant and Duration.
An agreement in a form approved by the City must be recorded on the property requiring
that the provisions of this chapter, including age restrictions and site plan approval be
maintained for the life of the project. The agreement shall be recorded prior to building
permit issuance. This agreement shall be a covenant running with the land, binding on the
assigns, heirs and successors of the applicant.
19.47.100 Modification of development regulations.
The city's standard development regulations shall be modified for a Senior Master Planned
Community as provided in this section.
1. Density and Dimensions. The standard dimensional regulations shall apply to all lots and
development in a Master Planned Senior Community, except as specifically modified below
and as provided in the design review standards in Chapter 19.14 MMC and/or Chapter
19.48 MMC. The density permitted is modified as follows:
a. Modified Density Standards:
Residential zones Commercial zones
Maximum Density: Dwelling
unit/acre
As per the underlying zone
plus 20%. None
121O-Dec-09 Master Planned Senior Communities
b. When projects are proposed on sites that encompass multiple zones, the density
built on each zone will be limited to that of the underlying allowed density for each zone.
2. Maximum building height. Outside of Planning Area 1, buildings or portions of buildings
located within 50 feet of a property that is zoned single family, or where the predominant
adjacent use is single family, shall be limited to a maximum height of 30 feet.
3. Street Standards. When multiple detached single family or duplex units are proposed, the
project shall meet residential right-of-way and access standards, as set forth in the
Marysville Municipal Code and Engineering Development and Design Standards (EDDS).
An applicant may request to utilize the city's PRO access street standards, which may be
allowed at the discretion of the Community Development Director.
4. Open Space. Open space requirements may be modified consistent with this chapter.
5. Additional Modifications. An applicant may request additional dimensional, open space,
street, and design standard modifications beyond those provided in this section. Granting of
the requested modification(s) will be based on innovative and exceptional architectural
design features and/or innovative and exceptional site design and layout that contribute to
achieving the purpose of this chapter.
131O-Dec-09 Master Planned Senior Communities
Ord MPSCs_2
Section 2. Chapter 19.08 of the Marysville Municipal Code is hereby amended by amending
MMC 19.08.030 to add the category "Master Planned Senior Community" and Development
Condition 24, to read as follows:
19.08.030 Residential land uses.
(1) Table.
Specific Land Use
RU R4.5
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 C23 C23
Duplex (22) P P11C P
Townhouse P3 P P17 P
Multiple-family P C9 P9,
C15
P9,
C15
P9,
P17
P
Mobile home P19 P19,
C3
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 P10 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
Master Planned Q Q Q Q C Q Q Q
Senior Community
(24)
Accessory Uses:
Residential accessory
uses (1) (12) (16)
P P P
Home occupation (5) P P P20 P20 P20, P20, P20, P20, P21 P21 P21
1410-Dec-09 Master Planned Senior Communities
P21 P21 P21 P21
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
(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.
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.
151O-Dec-09 Master Planned Senior Communities
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.
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 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 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 they are 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
161O-Dec-09 Master Planned Senior Communities
Ord MPSCsj
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:
a. Be no more than two 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 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.
24. Subject to Chapter 19.47 MMC, Master Planned Senior Communities.
(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 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 APPROVED by the Mayor this 1'-1 fA day of
JY-<P~ ,2009.
ClTTI:SVILL~
By: ~C! ;g
DENNIS L KENDALL, MAYOR
Attest:
10-Dec-09 Master Planned Senior Communities 17
By 2u.e ().M--I--+-JL--?-_
!RACY JfuR\f~]cf7fYCLERK
Approved as to form:
By: JJ,~(C (;Jpj)
c5RANT K. WEED, CITY ATTORNEY
Date of Publication: /~-2:~-l)C,
Effective Date: J2--'Z%..... £2 C1
(5 days after publication)
10-Dec-09 Master Planned Senior Communities
Ord MPSCs_2
18