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Home My WebLink AboutO-2832 - Amends Sec. 19.04.020, 19.04.080, 19.08.030, 19.08.040, 19.08.050, 19.08.060, 19.08.100, 19.38.030 and 19.38.150, zoning (Repealed by 2852)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO..:'-83 d- AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON RELATED TO TITLE 19 (THE ZONING CODE)OF THE MARYSVILLE MUNICIPAL CODE (MMC)AND TO THE REGULATION AND ZONING OF MOBILE/MANUFACTURED HOUSING;AMENDING MMC 19.04.020 ZONES AND MAP DESIGNATIONS ESTABLISHED;AMENDING MMC 19.04.080 RESIDENTIAL ZONE;AMENDING MMC 19.08.030 RESIDENTIAL LAND USES; AMENDING MMC 19.08.040 RECREATION/CULTURAL LAND USES AMENDING MMC 19.08.050 GENERAL SERVICES LAND USES;AMENDING MMC 19.08.060 GOVERNMENT/BUSINESS SERVICE LAND USES;AMENDING MMC 19.08.100 REGIONAL LAND USES;AMENDING MMC 19.38.030 MOBILE/MANUFACTURED HOME PARK ZONE;AND AMENDING MMC 19.38.150 STANDARDS FOR EXISTING PARKS. WHEREAS,the City Council of the City of Marysville does find that from time to time it is necessary and appropriate to review and revise provisions of the City's Zoning Code (fitle 19 MMC);and WHEREAS,following a comprehensive review of the above-referenced City codes by City staff,the Marysville Planning Commission held public workshop(s)on April 13,2010;May 11,2010; and May 25,2010;and . WHEREAS,after providing notice to the public as required by law,on June 22,2010 the Marysville Planning Commission held a public hearing on proposed changes to the Zoning code and received public input and comment on said proposed revisions;and WHEREAS,the City has submitted the proposed development regulation revisions to the Washington State Department of Community,Trade,and Economic Development as required by RCW 36.70A.I06;and WHEREAS,the City has complied with the requirements of the State Environmental Policy Act,Ch.43.21C RCW,(SEPA)by issuing Addendum #18 to the final environmental impact statement (PElS)for the 2005 City ofMarysville Comprehensive Plan for the proposed amendments to Title 19 MMC,and the addendum will not significantly change the analysis contained in the PElS prepared in 2005 for the comprehensive plan,and will not identify new or significantly different environmental impacts;and WHEREAS,at a public meeting on October 25,2010 the Marysville City Council reviewed and considered the amendments to the Zoning code proposed by the Maryville Planning Commission; WHEREAS,the Washington State Attorney General's memorandum of December 2006 entitled Advisory Memorandum:Avoiding Unconstitutional Takings of Private Property to help local governments avoid the unconstitutional taking ofprivate propetty was considered;and WHEREAS,the City Council has considered and assessed potential constitutional issues related to the regulations proposed by this ordinance,including butlimited to:whether the proposed regulations will result in a permanent or temporary physical occupation ofprivate propetty;whether ORDINANCE - 1 R-:MHP Ordinance the proposed regulations will deprive affected property owners of all economically viable uses of their properties;whether the proposed regulations will deny or substantially diminish a fundamental attribute of property ownership;whether the proposed regulations required a property owner to dedicate a portion of property or to grant an easement;and whether the proposed regulations will have a severe impact on the property owner's economic interests;and NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.MMC 19.04.020 "Zones and map designations established"is amended to read as follows: -----, ZONING DESIGNATIONS MAP SYMBOL Rural Use RU (2.3-acre) Residential R (base density in dwellings per acre) R-MHP Neighborhood Business NB Community Business CB General Commercial GC Downtown Commercial DC Mixed Use MU Light Industrial LI General Industrial GI . Business Park BP . Recreation REC Public/Institutional Zone P/I Waterfront Overlay -WF (suffix to zone's map symbol) Small Farms Overlay -SF (suffix to zone's map symbol) Property-specific development standards -P (suffix to zone's map symbol) I .........--......... 19.04.020 Zones and map designations established. In order to accomplish the purposes ofthis title,the following zoning designations and zoning l=ap symbols are established: ORDINANCE - 2 R-.MHP Ordinance Section 2.Subsection (1)of MMC 19.04.080 "Residential zone"is amended to read as follows: i19.04.080 Residential zone. :(1)The purpose ofthe residential zone (R)is to implement comprehensive plan goals and policies ifor housing quality,diversity and affordability,and to efficiendy use residential land,public services land energy.These purposes are accomplished by:I (a)Providing,in the R-4.5,R_6.5,and R-8 zones,for a mix of predominandy single ldetached dwelling units and other development types,with a variety of densities and sizes in Ilocations appropriate for urban densities; I (b)Providing,in the R-12,R-18,and R-28 zones,for a mix ofpredominandy apartment andI..ltownhome dwelling units and other development types,with a variety of densities and sizes in !locations appropriate for urban densities; !(cl Providing and preserving in R-MPH zones high density,affordable detached single- Ifamily and senior housing.This zone is assigned to existing mobile home parks within residential :zones which contain rental pads as opposed to fee simple owned lots,and as such are more !susceptible to future development. I (eQ)Allowing only those accessory and complementary nonresidential uses that are Icompatible with residential communities;and I (~)Establishing density designations to facilitate advanced area-wide planning for public tf~~~!!:~~~~~~:t;Yj~,~~,~",~~_~,~?,P~?~,~~~~~:y~~?p:~_~.!!_!~gy_~~1?-sitiy~""~,~~,~~",,f~?1'J]_?:Y~E~~Y~!?P!l"l~£1:~: on Ing compre enSlve plan eSlgnatlOnS are as o 0 R-4.5 -Medium density single-family- R-6.5 -High density single-family- R-8 -High density single-family,small lot- R-12 -Low density multiple-family- R-18 -Medium density multiple-family- R-28 -High density multiple-family- !(2)Use this zone is appropriate in residential areas designated by the comprehensive plan as:ifollows: ,(a)Urban lands that are served at the time of development,by adequate public sewers, Iwater supply,roads and other needed public facilities and servic~s;and I (b)I~ecorreSf'd'h'I d ...£II ws: , Specific Land Use RU R R NB CB GC DC MU BP LI GI P/I R- 4.5-12-MHP 8 28 Section 3.MMC 19.08.030 "Residential land uses"is amended,including the table of residential land uses contained in subsection (1)and the amendment of footnote 1 and the addition of footnotes 24,25,and 26 to subsection to read as follows:!--------------------------- , '1'19.08.030 Residenti~land uses. (1)Table ORDINANCE - 3 R-MHP Ordinance Dwelling Units, Types: Single detached (22)P18 P18 P18 P24 Cottage housing C7 C7 Duplex (22)P Pll,P C Townhouse P3 P P17 P Multiple-family P C9 P9, P9,P9,P C15 C15 P17 Mobile home P19 P19,P19 P19 P19 P19 P19 P19 P19 P19 P19 P19 C3 Mobile/Manufactuted C C14,P P26 home patk P Senior citizen assisted C2 C2 P C P C2 Factory-built Pl0 Pl0 Pl0 Pl024 Guesthouse P6 Caretaker's quarters P P P P P P P (8) Recreational Vehicle P25 Group Residences: Adult family home P P P P P P P P P P Convalescent,.C2 C2 C P P P P P nursing,retirement Residential care P P P P P P P P P facility Master planned senior C C C C C C C C .G community (23) Accessory Uses: Residential accessory P P P E uses (1)(12)(16) Home occupation (5)P P P20 P20 P20,P20,P20,P20,P21 P21 P21 E P21 P21 P21 P21 Temporary Lodging: Hotel!motel P P P P P P P P Bed and breakfast C C13 P guesthouse (4) ORDINANCE - 4 R-MHP Ordinance (2)Development CondItions. '1.Accessory dwelling units must comply with development standards in MMC 19.34.030,· 'Accessory dwelling unit standards.Accessory dwelling units in the MHP zone are only allowed, .on single lots ofrecord containing one single-family detached dwelling., 124.One single-family detached dwelling per existing single lot ofrecord.Manufactured homes] !on single lots must meet the criteria outlined in footnote 18 above., 125.Used as a permanent residence in an established MHP or RV park provided that utility! Ihook ups in MHPs meet current standards for MHPs or RV parks. 126:nShaUfulfill requirements ofChapter19.38N1M(;..o•••n. Bed and breakfast inn C P P P P (4) . . Section 4.MMC 19.08.040 "Recreation/cultural land uses"is amended,including the amendment of the table of recreational/cultural land uses contained in subsection (1)and the amendment of footnote 1(a)of subsection (2),to read as follows: !19.08.040 Recreatilltl/cultural land uses. I (1)Table. Specific Land Use RU R R NB CB GC DC MU BP LI GI REC P/I R- 4.5-12-MHP 8 28 Park/Recreation: Park P1 P1 P1 P1 P P P P P P P P1 P P1 Marina P P C P Dock and boathouse,private,P6 P P P6 P noncommercial Recreational vehicle park C2 C2 C P C2 Boat launch,commercial or P P P public Boat launch,noncommercial C7 P P P7 P or private Community center C C P P P P P P P P P P C Amusement/Entertainment: Theater P P P P Theater,drive-in C Amusement and recreation P8 P8 P8 P9 P P C servIces Sports club C P P P P P P P P 0 ORDINANCE -5 R-.MHP Ordinance (2)j)"vel().Ptrl""ct<::()l1cliJ:1()11~:_._._......_...i1.The following conditions and limitations shall apply,where appropriate: i a.Parks are permitted in residential and mixed use zones when reviewed as part of a [subdivision mobile/manufactured home park or multiple-family development proposal;iotherwise a conditional use permit is required; .b.Lighting for structures and fields shall be directed away from residential areas;and i c.Structures or service yards shall maintain a minimum distance of 50 feet from prClperty [li"cesadjoining resiclential zones... Golffacility (3)C C P P P P P P C Shooting range (4)C P5 P5 P5 Ourdoor performance cenrer C C C C C Riding academy C P P C Cultural: Library,museum and art C C C P P P P P P P P C P .G gallery Church,synagogue and temple C C P P P P P P P P P P .G Dancing.music and art center P P P P C P .. Section 5.Subsection (1)ofMMC 19.08.050 "General Service land uses"is amended to read as follows: ',19.08.050 General services land uses. (1)Table ; Specific Land Use RU R R NB CB GC DC MU BP LI GI P/I R- 4.5-12-MHP 8 28 Personal Services: General personal service P P P P P P P P Dry cleaning plant P P P ORDINANCE - 6 R-MHP Ordinance Dry cleaning pick-up P P P P Pl2 P P station and retail service Funeral home/crematory CI CI P P P P13 P P P CI Cemetery,columbarium or PIO PIO PIO PIO PIO PIO P P P PIO mausoleum C2 C2 C2 C2 C2 Day care I P3 .P3 P3 P P P P P4 P3 Day care II Cl6 C P P P P P P4 P4 Cl6 . Veterinary clinic C P P P P P P P P Automorive repair.and PS C,P P P P servIce PIS Miscellaneous repair P P P P Social services Cll P P P P P Stable C C Kennel or cattery,hobby P C C Kennel,commercial and C P P C P P .. exhibitor/breeding . Civic,social and fraternal C P P P C P P P association Club (community,country,C P P P yacht,etc.) ORDINANCE -7 R-MHP Ordinance Health Services: . Medical/dental clinic C P P P P P P Hospital C P P P C C Education Services: Elementary,middle/junior C C C C C C C P C C .G high,and senior high (including public,private and parochial) Commercial school C6 C6 C6 P P P P14 C School district support C9 C9 C9 C P P P P .'P P P facility Interim recycling facility C7 P7 P7 P8 P8 P P Vocational school P P P P14 P Section 6.Subsection(l)ofMMC 19.08.060 "Government/business land uses"is amended to read as follows:. i (1)Table. Specific Land Use RU R R NB CB GC DC MU BP LI GI P/I R- 4.5-12-.MHP 8 28 Government Services: Publi~agency office C P P P P P P P P P Public utility yard P P P Public safety facilities,Cl CI Cl PI P P P P P P Cl including police and fire I ----:19.08.060 Government/business service land uses. ORDINANCE - 8 R-MHPOrdinance Utility facility P P P P P P C P P P P E Private stormwater P P P P P P P P P P P P E management facility Public stormwater P P P P P P P P P P P P E management facility Business Services: Contractors'office and P2 P2 P2 P P storage yard Taxi stands P P Trucking and courier P3 P3 P P servIce Warehousing and P P P P wholesale trade Self-service storage (14)C4 P P P P Freight and cargo service P .P P P Cold storage warehousing P P General business service P P P P P2 P P P and office (9) Commercial vehicle P P P srorage Professional office C P P P P P P P Miscellaneous equipment P2,C16 P2,P P rental 15 15 Automotive rental and P P leasing Automotive parking P6 P6 P6 P P P P P P P P Research,development P P P P and testing Heavy equipment and P P truck repair Automobile holding yard C P P Model house sales office PI0 PI0 Commercial/industrial P17,P17 P17 P17, P17,P P P accessory uses 18 18 18 Adult facility P8 ORDINANCE - 9 R-MHPOrdinance Factory-built commercial P P P P P P P building (11) Wireless communication P,C P,P,C P,C P,P,C P,C P,P, P, P,P,C facility (5)C C C C C C Section 7.Subsection (1)of MMC 19,08.100 "Regional land uses"is amended to read as follows: i , R- Specific Land Use MHP RU R R NB CB GC DC MU BP LI GI P/I 4.5-12- 8 28 Jail C C C C Regional storm water C C C C C C C C C P .G management facility Public agency animal control C ••,C P P C facility Public agency training facility Cl Cl Cl Cl C2 C2 Nonhydroelectric generation C C C C C C C C C .G facility Energy resource recovery C C facility Soil recycling/incineration C C C facility Solid waste recycling C C C Transfer station C C C C Wastewater treatment facility C C C C Transit bus base C C P C Transit park and poollot P P P P P P P P P P P P Transit park and ride lot C C C P P P P P P P P C School bus base C3 C3 C3 C C C P C3 Racetrack C C5 C5 C5 C5 C P Fairground C P P P C . :19.08.100 Regional land Uses. I (1)Table ORDINANCE _10 R-MHP Ordinance Section 9.MMC 19.38.150 "Standard_s for existing parks"is.amended to read as follows: Zoo/wildlife exhibit C6 C C C Stadium/arena C C P C College/university C C C C P P P P P P P C Secure community transition C7 facility Opiate substitution treatment P8,P8,P8,P9 P9 program facilities 9 9 9 Section 8.MMC 19.38.030 "Mobile/manufactured home park zone"is amended to read as follows:r------ 119.38.030 Mobile/manufactured home park zone. 1 There is created a mobile/manufactured home park zone (MHP)which shall be construed as an loverlay classification which may be enacted for any area within the city zoned in the multiple-family !residential classification (R-12-R-28);.Q£or planned residential development classification (pRD 4.5- ipRD 8),"'fal tlse e1assifieatiofl ,,,~th a EOmlitioflal use peffflit,or the gefleral eommereial ie1assifieatiofl.i (1)Purpose.The purposes ofthe MHP classification are:i (a)To provide a suitable living environment within a park-like atmosphere for persons Iresiding in mobile/manufactured homes; !(b)To encourage variety in housing styles within areas designated for other residential Idevelopment; i (c)To permit flexibility in the placement of mobile/manufactured homes on a site in order Ito minimize costs associated with development of roads,utilities,walkways and parking facilities, 'Iwhile providing adequate common and private open space. I (2)Permitted Uses.In the MHP zone the following uses are permitted: I (a)Mobile/manufactured home parks,subject to the requirements ofthis chapter;I (b)Mobile/manufactured homes,located only within an approved mobile/manufactured [home park; I (c)Accessory uses and structures as provided in MMC 19.08.030(1);I (d)Recreational facilities located within and primarily for the use of residents of an Iapproved mobile/manufactured home park;I (e)Recreational vehicle and boat storage facilities located within and limited to use by Lresiclents ofan approved mobile/manufactured home r- 119.38.150 Standards fot existing parks. II'(1)Mobile home parks established prior to the effective date of this code shall continue to be' governed by all standards relating to density,setbacks,landscaping a 1 nd off-street parking in effect at the time they were approved;,I (2)Placement of new accessoty structures and replacement mobile homes,either standard or !nonstandard,in these mobile home parks shall be governed by the dimensional standards in effect Iwhen the parks were approved.Where internal setbacks are not specified,the setback standards ORDINANCE -11 R-MHP Ordinance outlined in the UniformInternational Building Code (IBC)and the UniformInternational Fire Code (IFC)shall apply; (3)No sl"aees or l"aas ift aft existieg mobile home l"ark shall be "sea 10 aeeommoaale reereatioftal vehieles (RVsJ,exeel"l ",heft the sl"aees or l"aas ~ere "1"l"ro.ea rer RVs althe time the l"arl,was establisheaRecreationai vehicles utilized as a permanent residence are permitted provided utility hook-ups are provided and meet current adopted standards for mobile/manufactured home parks; (4)An existing mobile home park may be enlarged;provided,the proposed enlargement meets the standards set forth in MMC 19.38.050 through 19.38.070; (5)Insignia mobile homes may be installed in established parks;provided,that all mobile homes supported by piers shall be fully skirted; (6)The placement ofnew accessory structures and replacement mobile homes shall comply with Chapter 19.24 MMC,Sensitive Areas Management. Section 10.Severability. If any section,sentence,clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court ofcompetent jurisdiction,such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,sentence,clause or phrase or this ordinance. Section 11.Effective Date. This ordinance shall take effect five (5)days after passage and publication of an approved summary thereofconsisting ofthe tide.fA. PASSED by the City Council and APPROVED by the Mayor this.,2S"day ofO::.h~,2010. CITY OF MARYSVILLE By: Attest:/J J ~ By:~J2~ERK ~.LD'&ttt'-I\-L Approved as to form:'1JefJu.~J 0 By:~"A-Ic::.11.9 0 'P_ GRANT K.WEED,CITY ATTORNEY Date ofPublication: Effective Date: IV-d7-tO 1/-/-10 (5 days after publication) ORDINANCE -12 R-MHP Ordinance