HomeMy WebLinkAboutO-2852CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. )"'6S~
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
AMENDING THE CITY'S DEVELOPMENT REGULATIONS ADOPTING
TITLE 22 UNIFIED DEVELOPMENT CODE (UDC), AND REPEALING
CHAPTER 2.70 MMC HEARING EXAMINER, MMC TITLE 15
DEVELOPMENT CODE ADMINISTRATION, CHAPTER 16.32 MMC
FLOODPLAIN MANAGEMENT, MMC TITLE 18 PLANNING, MMC TITLE
18A PARKS, RECREATION, OPEN SPACE AND TRAIL IMPACT FEES AND
MITIGATION, MMC TITLE 18B TRAFFIC IMPACT FEES AND
MITIGATION, MMC TITLE 18C SCHOOL IMPACT FEES AND
MITIGATION, MMC TITLE 19 ZONING, AND MMC TITLE 20
SUBDIVISIONS.
WHEREAS, the State Growth lV1anagement 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 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 Development Codes
(Title(s) 15, 18, 18A, 18B, 18C, 19 and 20 MMC); and
WHEREAS, the amendments are consistent with the following required findings of
MMC 19.56.030 and proposed MMC 22G.010.500:
(1) The amendment is consistent with the purposes of the comprehensive
plan;
(2) The amendment is consistent with the purpose of Title 19 MMC and
proposed Title 22 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, public notice of the proposed development regulation revisions, soliciting
comments from the public, was provided in accordance with Chapter 15.07 MMC, Public
Notice Requirements, and proposed Chapter 22G.010 Article II, Public Notice Requirements,
consisting of notice in the Marysville Globe, published on October 6, 2010, and posting
notice at Marysville City Hall, Marysville Post Office, Lakewood Post Office, Marysville Public
Library, Channel 21 and the City of Marysville web page. No comments were received from
the public; and
WHEREAS, the Planning Commission discussed the above-referenced development
regulation revisions during public meetings held on September 28, 2010 and October 26,
2010; and
WHEREAS, after providing notice to the public as required by law, on November 9,
2010, the Marysville Planning Commission held a Public Hearing on the proposed
development regulation revisions; and
WHEREAS, at a public meeting on February 14, 2010, the Marysville City Council
reviewed and considered the proposed development regulation revisions proposed by the
Marysville Planning Commission; and
WHEREAS, the City of Marysville submitted the proposed development regulation
revisions to the Washington State Department of Commerce as required by RCW
36.70A.106. The proposed development regulation revisions were received by the
Washington State Department of Commerce on September 27, 2010 and processed with the
Material 10# 16147. No comments were received from the Washington State Department
of Commerce; 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 on
October 19, 2010 for the proposed development regulation revisions. No appeals were
filed;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON
DO ORDAIN AS FOLLOWS:
Section 1.
entirety.
Chapter 2.70 MMC, Hearing Examiner, is hereby repealed, in its
Section 2.
in its entirety.
MMC Title 15, Development Code Administration, is hereby repealed,
Section 3.
its entirety.
Chapter 16.32 MMC, Floodplain Management, is hereby repealed, in
Section 4. MMC Title 18, Planning, is hereby repealed, in its entirety.
Section 5. MMC Title 18A, Parks, Recreation, Open Space and Trail Impact Fees
and Mitigation, is hereby repealed, in its entirety.
Section 6. MMC Title 188, Traffic Impact Fees and Mitigation, is hereby repealed.
Section 7. MMC Title 18C, School Impact Fees and Mitigation, is hereby
repealed, in its entirety.
Section 8. MMC Title 19, Zoning, is hereby repealed, in its entirety.
Section 9. MMC Title 20, Subdivisions, is hereby repealed, in its entirety.
Section 10. A new MMC Title 22, Unified Development Code (UDC), is hereby
adopted to read as set out in Exhibit A, attached hereto and incorporated herein by this
reference.
Section 10. Severability. If any section, subsection, sentence, clause, phrase or
work of this ordinance or MMC Title 22 attached and incorporated herein 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 )If rh day of
\.Q.bf'\;\'o.\(j' , 2011.
CITY OF MARYSVILLE
By:
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By:
Exhibit A
Title 22 MMC
Unified Development Code
Marysville Municipal Code Title 22 UDC
Title 22A-1
Title 22A
ADMINISTRATION
Chapter 22A.010 GENERAL ADMINISTRATION ......................................................... 2
Chapter 22A.020 DEFINITIONS .............................................................................. 8
Chapter 22A.030 ZONES, MAPS AND DESIGNATIONS ..............................................55
Chapter 22A.040 TRANSITION TO TITLE 22 UNIFIED DEVELOPMENT CODE ................60
Marysville Municipal Code Title 22 UDC
Title 22A-2
Chapter 22A.010 GENERAL ADMINISTRATION
Sections:
22A.010.010 Title. .......................................................................................... 2
22A.010.020 Authority. ................................................................................... 2
22A.010.030 Purpose. ..................................................................................... 2
22A.010.040 Conformity with this title required.................................................. 3
22A.010.050 Minimum requirements. ............................................................... 3
22A.010.060 Interpretation – General. .............................................................. 3
22A.010.070 Interpretation – Land Use. ............................................................ 4
22A.010.080 Interpretation – Zoning maps........................................................ 4
22A.010.090 Administration and review authority. .............................................. 4
22A.010.100 Conditions of Approval. ................................................................ 6
22A.010.110 Responsibility of Applicant. ........................................................... 6
22A.010.120 No special duty created. ............................................................... 6
22A.010.130 Severability. ............................................................................... 6
22A.010.140 Savings. ..................................................................................... 6
22A.010.150 Effective Date. ............................................................................ 7
22A.010.160 Amendments. ............................................................................. 7 22A.010.010 Title.
This title shall be known as the city of Marysville Unified Development Code and may be
cited as the “UDC,” “code” or “this title.”
22A.010.020 Authority.
The UDC is enacted under the authority granted to the City of Marysville by the Constitution of
the State of Washington, the Optional Municipal Code (RCW Title 35A) and other sections of the
Revised Code of Washington (RCW).
22A.010.030 Purpose.
The general purposes of this title are:
(1) To establish regulatory procedures and standards for review and approval of all proposed
development in the city.
(2) To foster and preserve public health, safety, comfort, and welfare, and to aid in the
harmonious, orderly, aesthetically pleasing, and socially and economically beneficial development of the city, in accordance with the comprehensive plan.
(3) To adopt a development review process that is:
(a) Efficient, in terms of time and expense;
(b) Effective, in terms of addressing the natural, historic, and aesthetic resources and
public facility implications of any proposed development, while also protecting and improving the
quality of life in the city; and
(c) Equitable, in terms of consistency with established regulations and procedures, respect
for the rights of all property owners, and consideration of the interests of the citizens and residents of
the city.
(4) To implement the comprehensive plan of the city by:
(a) Establishing regulations and conditions governing the erection and future use of
buildings and other structures and the uses of land planned for the future as specified in the
comprehensive plan;
(b) Securing safety from fire, panic, and other dangers;
(c) Lessening automobile congestion of the streets;
(d) Providing for adequate light and air;
(e) Preventing overcrowding of land; (f) Avoiding undue congestion of population and facilitating the adequate provision of transportation, potable water, wastewater disposal, schools, parks, and other public requirements of
the city;
(g) Dividing the city into zoning districts, defining certain terms, designating the uses and
intensities thereof that are permitted in the different districts, and providing lot size and other
dimensional and density requirements;
Marysville Municipal Code Title 22 UDC
Title 22A-3
(h) Establishing performance standards that apply to all new development as well as the
redevelopment of all lands in the city; and (i) Defining the functions of the community development department, hearing examiner
and city council and other relevant agencies with respect to the administration and enforcement of this
development code.
(5) To be consistent with the city of Marysville’s comprehensive plan by ensuring that all
development in the city will be served by adequate public facilities.
(6) To provide for a penalty for the violation of this development code.
(7) To minimize and/or avoid public nuisances by preventing incompatible uses from locating
adjacent or within close proximity to one another, and/or by conditioning certain uses in particular
circumstances, thereby restricting those aspects of the uses that may be incompatible.
(8) To encourage land use decision making in accordance with the public interest and applicable
laws of the state of Washington.
(9) To promote general public safety by regulating development of lands containing physical
hazards and to minimize the adverse environmental impacts of development.
22A.010.040 Conformity with this title required.
(1) No use or structure shall be established, substituted, expanded, constructed, altered, moved,
maintained, or otherwise changed except in conformance with this title. (2) Creation of or changes to lot lines shall conform with the use provisions, dimensional and other standards, and procedures of this title.
(3) All land uses and development authorized by this title shall comply with all other regulations
and or requirements of this title as well as any other applicable local, state or federal law. Where a
difference exists between this title and other city regulations, the more restrictive requirements shall
apply.
(4) Where more than one part of this title applies to the same aspect of a proposed use or
development, the more restrictive requirement shall apply.
22A.010.050 Minimum requirements.
In interpretation and application, the requirements set forth in this title shall be considered the
minimum requirements necessary to accomplish the purposes of this title.
22A.010.060 Interpretation – General.
(1) In case of inconsistency or conflict, regulations, conditions or procedural requirements that are
specific to an individual land use shall supersede regulations, conditions or procedural requirements of general application.
(2) A land use includes the necessary structures to support the use unless specifically prohibited
or the context clearly indicates otherwise, subject to other standards in code and any required permits
for structures.
(3) Chapter and section headings, captions, illustrations and references to other sections or titles
are for reference or explanation only and shall not be deemed to govern, limit, modify, or in any
manner affect the scope, meaning, or intent of any section. In case of any ambiguity, difference of
meaning or implication between the text and any heading, caption or illustration, the text and the
permitted use tables in Chapter(s) 22.010 and 22.020 MMC shall control. All applicable requirements
shall govern a use whether or not they are cross-referenced in a text section or land use table.
(4) For the purposes of Title 22 MMC, all words used in the code shall have their normal and
customary meanings, unless specifically defined otherwise in this code.
(5) Words used in the present tense include the future.
(6) The plural includes the singular and vice versa.
(7) The words “will” and “shall” are mandatory.
(8) The word “may” indicates that discretion is allowed.
(9) The word “used” includes designed, intended, or arranged to be used. (10) The masculine gender includes the feminine and vice versa. (11) Distances shall be measured on a horizontal plane unless otherwise specified.
(12) The word “building” includes a portion of a building or a portion of the lot on which it stands.
(13) The word “days” refers to calendar days.
Marysville Municipal Code Title 22 UDC
Title 22A-4
22A.010.070 Interpretation – Land Use.
(1) The community development director shall determine whether a proposed land use is allowed in a zone. The Standard Industrial Classification Manual (SIC), current edition, prepared by United
States Office of Management and Budget, and the New Illustrated Book of Development Definitions,
prepared by Moskowitz and Lindbloom, will be used as reference guides in the classification and/or
interpretation of a proposed use.
(2) The community development director’s determination shall be based on whether or not
permitting the proposed use in a particular zone is consistent with the purposes of this title and the
zone’s purpose as set forth in Chapter 22A.030 MMC, by considering the following factors:
(a) The physical characteristics of the use and its supporting structures, including but not
limited to scale, traffic and other impacts, and hours of operation;
(b) Whether or not the use complements or is compatible with other uses permitted in the
zone; and
(c) The SIC classification, if any, assigned to the business or other entity that will carry on
the primary activities of the proposed use.
(3) The decision of the community development director shall be final unless the applicant or an
adverse party files an appeal to the hearing examiner pursuant to Chapter 22G.010 MMC Article VIII -
Appeals.
22A.010.080 Interpretation – Zoning maps. Where uncertainties exist as to the location of any zone boundaries, the following rules of
interpretation, listed in priority order, shall apply:
(1) Where district boundaries are indicated as approximately following street lines, alley lines, or
lot lines, such lines shall be construed to be such boundaries.
(2) Where boundaries are indicated as following approximately lot lines, the actual lot lines shall
be considered the boundaries. In subdivided property or where a district boundary divides a lot, the
location of such boundary, unless the same is indicated by dimensions, shall be determined by use of
the scale appearing on the map.
(3) Where boundaries are indicated as following lines of ordinary high water, or government
meander line, the lines shall be considered to be the actual boundaries. If these lines should change
the boundaries shall be considered to move with them.
(4) Where any street, road or alley is hereafter officially vacated or abandoned, the regulations
applicable to each parcel of abutting property shall apply to that portion of such street, road or alley
added to the property by virtue of such vacation or abandonment.
(5) All land hereafter annexed to the city shall be zoned consistent with the comprehensive plan designation previously assigned to the property by the city of Marysville. In the event the property
does not have a comprehensive plan designation assigned to it by the city of Marysville, it shall be
designated R-4.5 as an interim zoning classification, until such time when the city amends its
comprehensive plan and assigns a land use designation and corresponding zoning to the property.
22A.010.090 Administration and review authority.
(1) Roles and responsibilities.
(a) The regulation of land development is a cooperative activity including many different
elected and appointed boards and city staff. The specific responsibilities of these bodies is set forth
subsections (2) through (7) of this section.
(b) An applicant is expected to read and understand the city development code and be
prepared to fulfill the obligations placed on the applicant by MMC Title 22.
(2) Community Development director.
The director or designee shall review and act on the following:
(a) Authority. The director is responsible for the administration of MMC Title 22;
(b) Administrative Interpretation. Upon request or as determined necessary, the director
shall interpret the meaning or application of the provisions of said titles and issue a written administrative interpretation within 30 days of said request. Requests for interpretation shall be written and shall concisely identify the issue and desired interpretation;
(c) Administrative Approvals. Administrative approvals set forth in MMC 22G.010.140,
22G.010.150 and 22G.010.160;
(d) Short plats;
(e) Shoreline permits for substantial development;
(f) SEPA (State Environmental Policy Act) determinations;
Marysville Municipal Code Title 22 UDC
Title 22A-5
(g) Site plan with commercial, industrial, institutional (e.g., church, school) or multiple-
family building permit; (h) Site plan with administrative conditional use permit;
(i) Master plan for properties under ownership or contract of applicant(s).
(j) Temporary use permits, unless a public hearing is required as set forth in Chapter
22G.010 MMC Article V – Code Compliance and Director Review Procedures, in which case this
authority shall be exercised by the hearing examiner.
(k) Conditional use permits, unless a public hearing is required as set forth in Chapter
22G.010 MMC Article V – Code Compliance and Director Review Procedures, in which case this
authority shall be exercised by the hearing examiner.
(l) The community development director is hereby authorized after the date of the
adoption of this ordinance to incorporate drawings as necessary for the purpose of illustrating
concepts and regulatory standards contained in this title; provided, that the adopted provisions of the
code shall control.
(3) City council.
In addition to its legislative responsibility, the city council shall review and act on the following
subjects:
(a) Approval of final plats;
(b) Approval of the comprehensive plan and comprehensive plan amendments; (c) Approval of area-wide rezones, and confirmation by ordinance of site-specific rezones approved by the hearing examiner.
(4) Planning commission.
The planning commission shall review and make recommendations on the following
applications and subjects:
(a) Amendments to the comprehensive plan;
(b) Amendments to MMC Title 22C Land Use Standards.
(c) Amendments to MMC Title 22D City-Wide Standards.
(d) Amendments to MMC Title 22E Environmental Standards.
(e) Amendments to Chapter 22G.040 MMC, Security for Performance and Maintenance.
(f) Amendments to Chapter 22G.070 MMC, Siting for Essential Public Facilities.
(g) Amendments to Chapter 22G.080 MMC, Planned Residential Development.
(h) Amendments to Chapter 22G.090 MMC, Subdivisions and Short Subdivisions.
(i) Amendments to Chapter 22G.100 MMC, Binding Site Plan.
(j) Amendments to Chapter 22G.110 MMC, Boundary Line Adjustments.
(k) Master plan, initiated by the city or other governmental agency, for a neighborhood or assembly of parcels under private ownership or contract;
(l) Recommendations to the hearing examiner on master plans initiated by private
property owners, which includes outside ownership or contract of the applicants;
(g) Other actions requested or remanded by the city council.
(5) Hearing examiner.
The hearing examiner shall review and act on the following applications and subjects:
(a) Applications for preliminary subdivisions;
(b) Appeals of administrative decisions on preliminary short plats;
(c) Site-specific rezones (with final approval by ordinance of the city council);
(d) Binding site plan approvals subject to public hearing review;
(e) Conditional use permits subject to public hearing review;
(f) Non-administrative variances to MMC Title 22;
(g) Appeals of administrative decisions and interpretations relating to MMC Titles 4, 12
and 22;
(h) Appeals of SEPA determinations;
(i) Master plan, initiated by private property owners, including land outside ownership or
contract of applicant(s); (j) Such other matters as are delegated by ordinance of the city council. (6) Building official.
The building official shall have the authority to grant, condition or deny the following permits
in accordance with the procedures set forth in Chapter 22G.010 MMC Article V – Code Compliance and
Director Review Procedures:
(a) Commercial building permits.
(b) Residential building permits.
Marysville Municipal Code Title 22 UDC
Title 22A-6
(c) Clearing and grading permits.
(7) Building code board of appeals. The board of appeals shall review and act on the following subjects:
(a) Appeals of decisions of the building official on the interpretation or application of the
building or fire code;
(b) Disapproval of a permit for failure to meet the Uniform Building or Fire Codes.
The review criteria for the building code board of appeals are contained in MMC 16.04.035.
22A.010.100 Conditions of Approval.
All approvals granted pursuant to this title may be made subject to such conditions as are
determined by the decision-maker to be reasonably necessary to protect the public health, safety or
welfare and to assure compliance with the requirements of the land use and development codes. All
conditions must be based upon written policies and standards adopted by city council or by
administrative rule of the planning commission, hearing examiner, community development director or
other decision-maker. If conditions are imposed by a decision authorized by this title, the City may
cause a notice to be recorded in the Snohomish County auditor’s office that development on the
affected property is subject to conditions.
22A.010.110 Responsibility of Applicant. All applicants under this title in all cases have the responsibility to: (1) Know the requirements of the law;
(2) Obtain and furnish all data and information, whether by actual tests and samples, engineering
studies, surveys, or otherwise, necessary to permit proper processing of the application and to
affirmatively demonstrate that all criteria, including personal qualifications, are met;
(3) Bear the cost or otherwise participate in required data collection and other necessary
procedures;
(4) Employ competent professional services are warranted; and
(5) Demonstrate that representatives are authorized to act for another.
22A.010.120 No special duty created.
(1) It is the purpose of this title to provide for the health, welfare, and safety of the general
public, and not to create or otherwise establish or designate any particular class or group of persons
who will or should be especially protected or benefited by the terms of this title. No provision or term
used in this title is intended to impose any duty whatsoever upon the city or any of its officers, agents,
or employees for whom the implementation or enforcement of this title shall be discretionary and not mandatory.
(2) Nothing contained in this title is intended to be nor shall be construed to create or form the
basis for any liability on the part of the city or its officers, agents, and employees for any injury or
damage resulting from the failure of any premises to abate a nuisance or to comply with the
provisions of this title or be a reason or a consequence of any inspection, notice or order, in
connection with the implementation or enforcement of this title, or by reason or a consequence of any
inspection, notice or order, in connection with the implementation or enforcement or this title, or by
reason of any action of the city related in any manner to enforcement of this title by its officers,
agents or employees.
22A.010.130 Severability.
This title enacted under divisions, chapters, sections, clauses and other portions, is declared to
be severable. If any division, chapter, section, paragraph, clause or other portion or any part adopted
by reference is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this title. If any division, chapter, section, paragraph, clause or any portion is
adjudged invalid or unconstitutional as applied to a particular property, use, building or other structure, the application of such portion of this title to other property, use, buildings or structures shall not be affected.
22A.010.140 Savings.
Nothing contained in this title shall be construed as abating any action now pending under or
by virtue of any ordinance of the city herein repealed, or as discontinuing, abating, modifying or
altering any penalty accrued or to accrue, or as affecting liability of any person, firm or corporation, or
Marysville Municipal Code Title 22 UDC
Title 22A-7
as waiving any right of the city under any ordinance or provision thereof in force at the time of
passage of the ordinance codified in this title.
22A.010.150 Effective Date.
The effective date of the UDC shall be ___ (Ordinance No. ___).
22A.010.160 Amendments.
The following amendments have been made to the UDC subsequent to its adoption:
Ordinance Title (description) Effective Date
Marysville Municipal Code Title 22 UDC
Title 22A-8
Chapter 22A.020 DEFINITIONS
Sections:
22A.020.010 Undefined Words and Phrases. ...................................................... 8
22A.020.020 “A” Definitions ............................................................................. 8
22A.020.030 “B” Definitions ............................................................................13
22A.020.040 “C” Definitions ............................................................................16
22A.020.050 “D” Definitions ...........................................................................20
22A.020.060 “E” Definitions ............................................................................22
22A.020.070 “F” Definitions ............................................................................25
22A.020.080 “G” Definitions ...........................................................................27
22A.020.090 “H” Definitions ...........................................................................28
22A.020.100 “I” Definitions ............................................................................29
22A.020.110 “J” Definitions ............................................................................30
22A.020.120 “K” Definitions ............................................................................31
22A.020.130 “L” Definitions ............................................................................31
22A.020.140 “M” Definitions ...........................................................................32
22A.020.150 “N” Definitions ...........................................................................35
22A.020.160 “O” Definitions ...........................................................................36 22A.020.170 “P” Definitions ............................................................................37 22A.020.180 “Q” Definitions ...........................................................................40
22A.020.190 “R” Definitions ............................................................................41
22A.020.200 “S” Definitions ............................................................................42
22A.020.210 “T” Definitions ............................................................................48
22A.020.220 “U” Definitions ...........................................................................50
22A.020.230 “V” Definitions ............................................................................50
22A.020.240 “W” Definitions ...........................................................................50
22A.020.250 “X” Definitions ............................................................................53
22A.020.260 “Y” Definitions ............................................................................53
22A.020.270 “Z” Definitions ............................................................................54
22A.020.010 Undefined Words and Phrases.
The definition of any word or phrase not listed in the definitions, which is in question when
administering this title, shall be defined by the Community Development Director from one of the
sources set forth below. The sources shall be utilized by finding the desired definition from source number one, but if it is not available there, then source number two may be used and so on. The
sources are as follows:
(1) Any City of Marysville resolution, ordinance, code, or regulation.
(2) Any statute or regulation of the State of Washington.
(3) Legal definitions from Washington common law or a law dictionary.
(4) The common dictionary.
(5) A Planners Dictionary published by the American Planning Association.
22A.020.020 “A” Definitions
Abandoned sign.
A sign which for a period of at least sixty (60) consecutive days or longer no longer advertises
or identifies a legal business establishment, product or activity.
Abandoned sign structure.
A sign structure where no sign has been in place for a continuous period of at least three (3)
years. A-board.
A temporary portable sign, usually constructed of two pieces of
wood, plastic or similar material, attached to each other at the top
edge that stands like an “A” or is worn by a person such that one sign
face is visible on either side of the sign. See also sandwich boards.
Marysville Municipal Code Title 22 UDC
Title 22A-9
Accessory dwelling unit, or ADU.
An accessory dwelling unit is a separate additional living unit, including separate kitchen, sleeping, and bathroom facilities attached or detached from the primary residential unit, on a single-
family lot. ADUs are known variously as:
(1) “mother-in-law apartments,”
(2) “accessory apartments,” or
(3) “second units.”
Accessory Structure.
A structure of secondary importance or function on a site. In general, the primary use of the
site is not carried on in an accessory structure.
(1) Accessory structures may be attached or detached from the primary structure.
(2) Examples of accessory structures include:
(a) garages,
(b) decks,
(c) fences,
(d) trellises,
(e) flag poles,
(f) stairways, (g) heat pumps, (h) awnings, and
(i) other structures.
Accessory use, commercial/ industrial.
“Accessory use, commercial/industrial” means:
(1) A use that is subordinate and incidental to a commercial or industrial use; including, but not
limited to the following uses:
(a) Administrative offices;
(b) Employee exercise facilities;
(c) Employee food service facilities;
(d) Incidental storage of raw materials and finished products sold or manufactured on-
site;
(e) Business owner or caretaker residence;
(f) Cogeneration facilities; and
(g) Ground maintenance facilities. (2) Some accessory uses within the scope of this section may be defined separately to enable the
code to apply different conditions of approval.
Accessory use, residential.
“Accessory use, residential” means:
(1) A use, structure, or activity which is subordinate and incidental to a residence including, but
not limited to the following uses:
(a) Accessory living quarters and dwellings;
(b) Fallout/bomb shelters;
(c) Keeping household pets;
(d) On-site rental office;
(e) Pools, private docks, piers;
(f) Antennae for private telecommunication services;
(g) Storage of yard maintenance equipment; or
(h) Storage of private vehicles, e.g., motor vehicles, boats, trailers or planes.
(2) Some accessory uses within the scope of this section may be defined separately to enable the
code to apply different conditions of approval. Address sign.
A sign displaying only an address.
Adjacent property owners.
The owners of real property, as shown by the records of the county assessor, located within
300 feet of any portion of the boundary of the proposed subdivision. In the case of a mortgage
Marysville Municipal Code Title 22 UDC
Title 22A-10
company or bank, the occupant of the site address shall also be included. If the owner of the real
property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice shall be given to owners of real
property located within 300 feet of any portion of the boundaries of such adjacently located parcels of
real property owned by the owner of the real property proposed to be subdivided.
Administrative decision.
A permit decision by an officer authorized by the local government. The decision may be for
approval, denial, or approval with conditions and is subject to the applicable development standards of
the land use or development codes.
Adult facility or facilities.
An adult cabaret, adult drive-in theater, adult motion picture theater, adult panoram
establishment, or body shampoo parlor.
Adult cabaret.
A commercial establishment which presents go-go dancers, strippers, male or female
impersonators, or similar entertainers and in which the patrons are exposed to “specified sexual
activities” or “specified anatomical areas” regardless of the form of its business organization whether proprietorship, partnership, corporation or other form, and regardless whether the organization is for profit or not. An organization may be an “adult cabaret” even though its patrons are members and it
characterizes itself as a club, fraternal organization, church, society or otherwise.
Adult drive-in theater.
A drive-in theater used for presenting motion picture films, video cassettes, cable television,
or any other such visual media, distinguished or characterized by an emphasis on matter depicting,
describing or relating to “specified sexual activities” or “specified anatomical areas” regardless of the
form of its business organization whether proprietorship, partnership, corporation or other form, and
regardless whether the organization is for profit or not. An organization may be an “adult drive-in
theater” even though its patrons are members and it characterizes itself as a club, fraternal
organization, church, society or otherwise.
Adult family home.
The regular family abode of a person or persons who are providing personal care, room and
board to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if
the Washington State Department of Social and Health Services determines that the home and the
provider are capable of meeting standards and qualification provided for by law (RCW 70.128.010).
Adult motion picture theater.
An enclosed building used for presenting for commercial purposes motion picture films, video
cassettes, cable television, or any other such visual media, distinguished or characterized by an
emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified
anatomical areas” for observation by patrons therein.
Adult panoram establishment or adult panoram.
A business in a building or portion of a building which contains device(s) which for payment of
a fee, membership fee or other charge, is used to exhibit or display a picture, view, or other graphic
display distinguished or characterized by an emphasis on matter depicting, describing or relating to
“specified sexual activities” or “specified anatomical areas” regardless of the form of its business
organization whether proprietorship, partnership, corporation or other form, and regardless whether
the organization is for profit or not. An organization may be an “adult panoram establishment” or “adult panoram” even though its patrons are members and it characterizes itself as a club, fraternal organization, church, society or otherwise.
Aggrieved person.
One whose proprietary, pecuniary or personal rights would be substantially affected by a
particular action as determined by the hearing examiner.
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Agricultural crop sales.
The retail sale of fresh fruits, vegetables and flowers produced on-site. This use is frequently found in roadside stands or U-pick establishments.
Alley.
An improved thoroughfare or right-of-way, whether public or private, usually narrower than a
street, that provides vehicular access to an interior boundary of one or more lots, and is not designed
for general traffic circulation.
Anadromous fish.
Fish that ascend to rivers from the sea for breeding, including salmon and trout.
Animal, small.
Any animal other than livestock or animals considered to be predatory or wild which are kept
outside a dwelling unit all or part of the time. Animals considered predatory or wild shall be considered
small animals when they are taken into captivity for the purposes of breeding, domestication, training,
hunting or exhibition.
Animated sign. A sign which has any visible moving part, flashing or osculating lights, either natural or artificial, or visible movement achieved by any means that move, change, flash, osculate or visibly
alter in appearance, in order to depict action or to create special effects or scenes.
Antenna.
Any apparatus designed for the transmitting and/or receiving of electromagnetic waves,
including but not limited to: telephonic, radio or television communications. Types of antenna
elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel)
antennas, multi or single bay (FM and TV), yagi, or parabolic (dish) antennas.
Antenna array.
A single or group of antenna elements and associated mounting hardware, feed lines, or other
appurtenances which share a common attachment device such as a mounting frame or mounting
support structure for the sole purpose of transmitting or receiving electromagnetic waves.
Antenna support structure. A vertical projection composed of metal or other material with or without a foundation that is
designed for the express purpose of accommodating antennas at a desired height. Antenna support
structures do not include any device used to attach antennas to an existing building, unless the device
extends above the highest point of the building by more than 20 feet. Types of support structures
include the following:
(1) Guyed antenna support structure (a style of antenna support structure consisting of a single
truss assembly composed of sections with bracing incorporated. The sections are attached to each
other, and the assembly is attached to a foundation and supported by a series of wires that are
connected to anchors placed in the ground or on a building.).
(2) Lattice antenna support structure (a tapered style of antenna support structure that consists
of vertical and horizontal supports with multiple legs and cross-bracing and metal crossed strips or
bars to support antenna).
(3) Monopole antenna support structure (a style of freestanding antenna support structure
consisting of a single shaft usually composed of two or more hollow sections that are in turn attached
to a foundation. This type of antenna support structure is designed to support itself without the use of
guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in
the ground or on a building’s roof.). Appeal.
A request for review of the interpretation of any provision of Title 22 MMC.
Appeal – Standing For.
As provided under RCW 36.70C.060, persons who have standing are limited to the following:
(1) The applicant and the owner of property to which the land use decision is directed; and
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(2) Another person aggrieved or adversely affected by the land use decision, or who would be
aggrieved or adversely affected by a reversal or modification of the land use decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following
conditions are present:
(a) The land use decision has prejudiced or is likely to prejudice that person.
(b) That person’s asserted interests are among those that the local jurisdiction was
required to consider when it made the land use decision.
(c) A judgment in favor of that person would substantially eliminate or redress the
prejudice to that person caused or likely to be caused by the land use decision; and
(d) The petitioner has exhausted his or her administrative remedies to the extent required
by law (RCW 36.70C.060).
Applicant.
An application for a permit, certificate, or approval under the land use codes must be made by
or on behalf of all owners of the land and improvements. ”Owners” are all persons having a real
property interest. Owners include:
(1) holder of fee title or a life estate;
(2) holder of purchaser’s interest in a sale contract in good standing;
(3) holder of seller’s interest in a sale contract in breach or in default; (4) grantor of deed of trust; (5) presumptively, a legal owner and a taxpayer of record;
(6) fiduciary representative of an owner;
(7) person having a right of possession or control; or
(8) any one of a number of co-owners, including joint, in common, by entireties and spouses as to
community property.
Application, Complete.
An application that is both counter-complete and determined to be substantially complete as
set forth in Chapter 22G.010 MMC Article I – Consolidated Application Process.
Area of shallow flooding, (Floodplain management).
A designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths
range from one to three feet; a clearly defined channel does not exist; the path of flooding is
unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow
and AH indicates ponding.
Area of special flood hazard, (Floodplain management).
The land in the floodplain within a community subject to a one percent or greater chance of
flooding in any given year. Designation on maps always includes the letters A or V.
Assisted Living Facility.
A multi-family residential use licensed by the State of Washington as a boarding home
pursuant to chapter 18.20 RCW, for people who have either a need for assistance with activities of
daily living (which are defined as eating, toileting, ambulation, transfer [e.g., moving from bed to
chair or chair to bath], and bathing) or some form of cognitive impairment but who do not need the
skilled critical care provided by nursing homes.
(1) An "assisted living facility" contains multiple assisted living units.
(2) An assisted living unit is a dwelling unit permitted only in an assisted living facility.
Attached Housing.
Two or more dwelling units attached by a common wall at a shared property line. These
include: (1) townhouses, (2) row houses, and
(3) other similar structures
(4) that are single-family residences on individual lots, sharing a common wall at a shared
property line.
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Attached sign.
Any sign attached or affixed to a building. Attached signs include wall signs, projecting signs, and window signs.
Attached Structure.
Any structure that is attached by a common wall to a dwelling unit.
(1) The common wall must be shared for at least fifty percent of the length of the side of the
principal dwelling.
(2) A breezeway is not considered a common wall.
(3) Structures including garages, carports, and house additions attached to the principal dwelling
unit with a breezeway are still detached structures for purposes of this chapter and its administration.
Attached WCF.
An antenna or antenna array, including RF-to-lightwave converter equipment, that is secured
to an existing building, structure (not including an antenna support structure), utility pole, cross
country electrical distribution tower, with or without any accompanying new pole or device which
attaches it to the building or structure, together with feed lines, and base station, which may be
located either on the roof, inside or outside of the building or structure.
Automobile holding yard. A lot, parcel or part thereof used for the storage of motor vehicles.
Automobile sales lot.
Any place outside a building where two or more automobiles are offered for sale or are
displayed.
Automobile wrecking yard.
A lot, land or structure, or part thereof, used for the collecting, dismantling, storage, salvaging
or sale of parts of machinery or vehicles not in running condition.
Awning sign.
A sign attached to an awning, canopy or other
similar structure, which is comprised of fabric, plastic
or similar materials and is located over an entrance, a
window or an outdoor service area at a place of business. An awning sign is a type of wall sign. A
marquee sign is an awning sign.
22A.020.030 “B” Definitions
Banner.
A temporary, lightweight sign that contains a message which is attached or imprinted on a
flexible surface that deforms under light pressure and that is typically constructed of non-durable
materials, including, but not limited to, cardboard, cloth and/or plastic.
Base elevation.
The average elevation of the approved topography of a parcel at the midpoint on each of the
four sides of the smallest rectangle which will enclose the proposed structure, excluding all eaves and
decks. The approved topography of a parcel is the natural topography of a parcel or the topographic
conditions approved by the city prior to August 10, 1969, or as approved by a subdivision, short
subdivision, binding site plan, shoreline substantial development permit, filling and grading permit or
SEPA environmental review issued after August 10, 1969. An approved benchmark will establish the relative elevation of the four points used to establish the base elevation.
Base flood, (Floodplain management).
The flood having a one percent chance of being equaled or exceeded in any given year. Also
referred to as the “100-year flood.” Designation on maps always includes the letters A or V.
Base station.
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The wireless service provider’s specific electronic equipment used to transmit and receive
radio signals located within and including cabinets, shelters, pedestals or other similar enclosures generally used to contain electronic equipment for said purpose.
Basement, (Floodplain management).
Any area of the building having its floor subgrade (below ground level) on all sides.
Battery charging station.
An electrical component assemble or cluster of component assemblies designed specifically to
charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations
set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
Battery electric vehicle, or BEV.
Any vehicle that operates exclusively on electrical energy from an off-board source that is
stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or
operating.
Battery exchange station.
A full automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.27
RCW and consistent with rules adopted under RCW 19.27.540.
Bed and breakfast guesthouse.
A facility in which one kitchen, a shared dining area, and not more than a total of three guest
rooms are available within a single-family residence and/or one outbuilding, providing short-term
lodging for paying guests.
Bed and breakfast inn.
A facility in which one kitchen, a shared dining area, and not more than a total of six guest
rooms are available within a single-family residence and/or one outbuilding, providing short-term
lodging for paying guests.
Best available science.
Current scientific information used in the process to designate, protect, or restore critical areas, which is derived from a valid scientific process in accordance with WAC 365-195-900 through
365-195-925, as amended.
Best management practices, or BMPs.
Refers to the schedules of activities, prohibitions of practices, maintenance procedures, and
structural and/or managerial practices that, when used singly or in combination, prevent or reduce
pollution of water and have been approved by the engineer. BMPs include, but are not limited to,
infiltration, retention and/or detention, dispersion, amended soils, biofiltration facilities, bioretention
facilities, open ditches with check dams, filter fabric strips, oil/water separators, wet ponds,
constructed wetlands, erosion and sedimentation control, and other treatment/abatement facilities.
Billboard.
A preprinted or hand-painted changeable advertising copy sign which directs attention to
businesses, commodities, services, or facilities which are not primarily sold, manufactured, or
distributed from the property on which the sign is located and are customarily leased for commercial
purposes. The term “billboard” includes both the structural framework that supports a billboard and
any billboard faces attached thereto. Binding site plan.
A drawing to scale which:
(1) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, and
open spaces;
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(2) Any other matters required to be identified by the city, and containing inscriptions or
attachments setting forth such appropriate limitations and conditions for the use of the land as established by the city;
(3) Contains provisions making any development be in conformity with the site plan; and
(4) Contains provisions in which an applicant can offer for sale, lease, transfer of ownership of
lots, parcels or tracts.
Blade/bracket sign.
A small, pedestrian-oriented sign that projects perpendicular from a structure (blade sign) or
is hung beneath an awning, canopy, or marquee (bracket sign).
Block.
A group of lots, tract or parcels within well-defined and fixed boundaries.
Boathouse.
A structure specifically designed or used for storage of boats.
Body shampoo parlor.
Any place open to the public where an attendant is present and a patron’s body is washed or shampooed regardless of the form of its business organization whether proprietorship, partnership, corporation or other form, and regardless whether the organization is for profit or not. An organization
may be a “body shampoo parlor” even though its patrons are members and it characterizes itself as a
club, fraternal organization, church, society or otherwise. A body shampoo parlor shall not include any
barber or beauty salon, medical facility or nursing home facility where a customer or patient may be
washed, shaved and/or shampooed.
Bond.
See “suitable guarantee.”
Boundary line adjustment.
A division made for the purpose of adjusting lot lines between platted and unplatted lots or
both which does not create any additional lot, tract, parcel, building site or division, nor create any lot,
tract, parcel, building site or division which contains insufficient area and dimension to meet minimum
requirements as specified by the city’s zoning code for width and area for lots, tracts, parcels, building
sites.
Boundary lines.
Lines that separate and establish an area with fixed limits for lots, tracts, parcels or building
sites.
Boundary line adjustment/survey map.
A drawing to scale showing all the required information as specified in Chapter 22G.110 MMC.
Building.
Any structure having a roof, but excluding all forms of vehicles even though immobilized.
When a use is required to be within a building, or where special authority granted pursuant to this title
requires that a use shall be within an entirely enclosed building, then “building” means one so
designed and constructed that all exterior walls of the structure shall be solid from the ground to the
roof line, and shall contain no openings except for windows and doors which are designed so that they
may be closed.
Building appurtenance. Chimneys, steeples, television and radio antennas, ham radio antennas, flagpoles and vent pipes in any zone, and mechanical systems on structures in zones other than single-family zones.
Building area.
The total ground coverage of a building or structure which provides shelter measured from the
outside of its external walls or supporting members.
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Building envelope.
The area of a lot within which a structure may be placed and that is defined by minimum setbacks.
Building facade.
The front of the building and any street wall face.
Building height.
The vertical distance from the base elevation of a building to the highest point of the roof,
exclusive of building appurtenances.
Building line.
The line of that face, corner, roof or part of a building nearest the property line.
Building official.
The supervisor of the building division, or his or her designee.
Building setback line.
A line establishing the minimum distance a building may be located from any property line, improvements, rights-of-way, stream, drainage way, steep slope or other boundaries or potential hazards.
Building site.
An area identified on the face of the proposed plat, short plat or binding site plan establishing
buildable areas.
Bulk retail.
An establishment offering the sale of bulk goods to the general public, including limited sales
to wholesale customers. These establishments may include a variety of lines of merchandise such as
food, building, hardware and garden materials, dry goods, apparel and accessories, home furnishings,
housewares, drugs, auto supplies, hobby, toys, games, photographic, and electronics.
22A.020.040 “C” Definitions
Canopy sign. Any permanent sign attached to or constructed underneath a canopy. These signs are below a
projecting structure, which extends over the pedestrian walkway and which would effectively prevent
a wall sign from being visible to the pedestrian walking under the canopy. See also projecting and
blade/bracket sign.
Capital facilities plan.
All documents comprising the capital facilities element of the comprehensive plan that, for
capital facilities, consists of an inventory of facilities owned by public entities, forecasts of future
needs, new and expanded facilities, and a multi-year financing plan, adopted pursuant to Chapter
36.70A RCW.
Carport.
A structure to house or protect motor vehicles owned or operated by the occupants of the
main building, and which has at least 40 percent of the total area of its sides open to the weather.
Certificate of occupancy.
A permit to occupy a premises issued by the building official after inspection has verified compliance with the requirements and provisions of this title and applicable building codes.
Changeable copy sign.
A sign or portion thereof on which the copy or symbols change either automatically through
electrical or electronic means (for example, time and temperature units), or manually through
placement of letters or symbols on a panel mounted in or on a track system.
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Change of occupancy.
A change of use from one major land use category to another, and shall be determined to have occurred when it is found that the general character of the operation has been modified and
results in an intensification of land use that will require new development conditions to comply with
existing regulations. This determination shall include review of, but not be limited to:
(1) Hours of operation;
(2) Materials processed or sold;
(3) Required parking;
(4) Traffic generation;
(5) Impact on public utilities;
(6) Clientele; and
(7) General appearance and location.
Charging levels.
The standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery
is recharged. The terms 1, 2 and 3 are the most common EV charging levels, and include the
following specifications:
(1) Level 1 is considered slow charging.
(2) Level 2 is considered medium charging. (3) Level 3 is considered fast or rapid charging.
City.
The City of Marysville, Washington.
City gateway sign.
A sign constructed and maintained by the city to welcome citizens and visitors to the city.
Gateway signs are usually installed along major arterial streets leading into the city.
City standards.
The engineering design and development standards as published by the department of public
works.
Clearance of a sign.
The smallest vertical distance between the grade of the adjacent street or street curb and the
lowest point of any sign, including framework and embellishments, extending over that grade.
Clearing.
The removal of timber, brush, grass, groundcover or other vegetative matter from a site which
exposes the earth’s surface of the site.
Clinic.
A building designed and used for the medical, dental or surgical diagnosis or treatment of
patients under the care of doctors and/or nurses.
Closed record appeal hearing.
A hearing, conducted a single hearing body or officer authorized to conduct such hearings,
that relies on the existing record created during a quasi-judicial hearing on the application. No new
testimony or submission of new evidence and information is allowed.
Club.
An incorporated or unincorporated association of persons organized for a social, fraternal,
athletic, educational, literary or charitable purpose. Property predominantly occupied by a club is semiprivate in character and shall be subject to the regulations governing public buildings and places, excluding groups organized primarily to render a service which is normally considered a business.
Cogeneration.
The sequential generation of energy and useful heat from the same primary source or fuel for
industrial, commercial, or residential heating or cooling purposes.
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Co-location.
The practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached wireless
communication facility using different and separate antenna, feed lines and radio-frequency-
generating equipment.
Combined antenna.
An antenna or an antenna array designed and utilized to provide multiple services or services
for more than one wireless provider for the same or similar type of services.
Commercial use.
An activity with goods, merchandise or services for sale or involving a rental fee, including any
garage sale which fails to comply with one or more of the conditions specified in the definition thereof
contained in this chapter.
Commercial vehicle.
A motor vehicle used for purposes other than a family car, such as a taxi, delivery or service
vehicle.
Community Meeting. An informal meeting, workshop, or other public meeting to obtain comments from the public
or other agencies on a proposed project permit generally prior to the submission of an application.
(1) A community meeting is between an applicant and owners, residents of property in the
immediate vicinity of the site of a proposed project and the public, conducted prior to the submission
of an application to the City of Marysville.
(2) A community meeting does not constitute an open record hearing.
(3) The proceedings at a community meeting may be recorded and a report or recommendation
shall be included in the permit application file.
Compensatory mitigation.
Replacing project-induced losses or impacts to a critical area including, but not limited to, the
following:
(1) Restoration – Actions performed to re-establish wetland functional characteristics and
processes that have been lost by alterations, activities, or catastrophic events within an area that no
longer meets the definition of a wetland. (2) Creation – Actions performed to intentionally establish a wetland at a site where it did not
formerly exist.
(3) Enhancement – Actions performed to improve the condition of existing degraded wetlands so
that the functions they provide are of a higher quality.
(4) Preservation – Actions taken to ensure the permanent protection of existing high-quality
wetlands.
Comprehensive plan.
The City of Marysville Comprehensive Plan, a document adopted pursuant to chapter 36.70A
RCW providing land use designations, goals and policies regarding land use, housing, capital facilities,
housing, transportation, and utilities.
Comprehensive plan amendment.
An amendment or change to the text or maps of the comprehensive plan.
Concealed WCF.
Sometimes referred to as a “stealth” or “camouflaged” facility, means the antenna or antenna array, antenna support structure, base station, and feed lines are not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site.
Examples of concealed attached facilities include, but are not limited to, the following: painted
antenna and feed lines to match the color of a building or structure, faux windows, dormers or other
architectural features that blend with an existing or proposed building or structure. Examples of
concealed antenna support structures can have a secondary, obvious function which may be, but is
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not limited to, the following: church steeple, windmill, bell tower, clock tower, cupola, light standard,
utility pole, flagpole with or without a flag, or tree.
Conditional use.
A use permitted in one or more zones as defined by this title but which, because of
characteristics peculiar to such use, or because of size, technological processes or equipment, or
because of the exact location with reference to surroundings, streets, and existing improvements or
demands upon public facilities, requires a special degree of control to make such uses consistent with
and compatible to other existing or permissible uses in the same zone or zones. A conditional use is a
form of special exception.
Conditional use permit.
A permit granted by the city to locate a permitted use on a particular property subject to
conditions placed on the permitted use to ensure compatibility with nearby land uses.
Condominium.
Real property, portions of which are designated for separate ownership and the remainder of
which is designated for common ownership solely by the owners of those portions. Real property is
not a condominium unless the undivided interests in the common elements are vested in unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to chapter 64.34 RCW.
Consolidation.
Removal of one or several antenna support structure(s) or attached WCF located within a
1,500-foot radius of the center of the consolidated antenna support structure and its base station in
order to encourage compliance with this chapter or to improve aesthetics or functionality of the overall
wireless network.
Construction sign.
A sign on the site of a construction project that identifies the project, its character, or purpose
and that may include the architects engineers, planners, contractors or other individuals or firms
involved.
Contiguous parcels.
Land adjacent to other land which is under the same ownership and not separated by public right-of-way.
Cottage housing developments.
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 22C.010.280, Cottage housing
developments.
Council.
The city council of the City of Marysville.
County.
Snohomish County, Washington.
Covenants, Conditions, and Restrictions, or CC&Rs.
A document setting forth the covenants, conditions, and restrictions applicable to a
development, recorded with the Snohomish County auditor and, typically, enforced by a property
owner’s association or other legal entity. Critical areas.
Areas of environmental sensitivity, which include the following areas and ecosystems:
(1) Wetlands;
(2) Fish and wildlife habitat; and
(3) Geologically hazardous areas.
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Critical facility, (Floodplain management).
A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response
installations, installations which produce, use or store hazardous materials or hazardous waste.
Critical habitat or critical wildlife habitat.
Habitat areas associated with threatened, endangered, sensitive, or priority species of plants,
fish, or wildlife and which, if altered, could reduce the likelihood that the species will maintain and
reproduce over the long term. Areas are documented with reference to lists, categories and definitions
of species promulgated by the Washington Department of Wildlife (nongame data system special
animal species) as identified in WAC 232-12-011 or 232-12-014 and in the priority habitat species lists
compiled in compliance with WAC 365-190-080; or by rules and regulations adopted currently or
hereafter by the U.S. Fish and Wildlife Service, copies of which are available at the community
development department. Critical habitat also includes the following types of areas:
(1) Regionally rare native fish and wildlife habitat (i.e., one of five or fewer examples of the
habitat type within the city of Marysville).
(2) Fish and wildlife areas with irreplaceable ecological functions, including the following:
(a) Estuarine marshes meeting any of the following criteria:
(i) The area is listed as a National Wildlife Refuge, National Park, National Estuary Reserve, Natural Area Preserve or any preserve or reserve designated under WAC 332-30-151; (ii) The total area is five acres or greater and contains at least two estuarine
wetland habitat classes; or
(iii) The total area is less than five acres and meets four of the following
conditions:
(A) Area is greater than one acre;
(B) Contains at least two estuarine wetland classes;
(C) Shows minimum evidence of human-caused physical alteration, such
as diking, filling, cultivating, etc.;
(D) Contains a functional tidal channel(s) or is connected to a tidal stream;
(E) Within a watershed that has few to moderate point or nonpoint water
quality problems cited by the Department of Ecology; or
(F) Land adjacent to more than 75 percent of the area’s border is
agricultural or relatively undisturbed forest;
(b) Eelgrass and kelp beds (floating or nonfloating) with greater than 50 percent
macroalgal cover during August or September; (c) Category I wetlands as defined in MMC 22E.010.100;
(d) Documented commercial and recreational shellfish beds managed by the Washington
Department of Fisheries;
(e) State Nature Area Preserves or Natural Resource Conservation Areas identified by
state law and managed by the Department of Natural Resources;
(f) Documented habitat or presence of threatened and endangered species;
(g) Documented habitat of regional or national significance for migrating birds;
(h) Naturally occurring ponds stocked with native game fish by government or tribal
entities, and naturally occurring ponds greater than one acre and less than 20 acres in area, not more
than 50 percent of which is covered by emergent aquatic vegetation, shrubs or trees, and whose
maximum depth does not exceed 6.6 feet.
Crops.
All plants grown for human or animal consumption or use.
Cul-de-sac, court or dead end street.
A short street having one end open to traffic and being permanently or temporarily terminated by a vehicle turn-around.
22A.020.050 “D” Definitions
Day
A calendar day. A time period expressed in a number of days is computed by excluding the
first day and including the last day. When an act to be done requires a City business day, and the last
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day by which the act may be done is not a City business day, then the last day to act is the following
business day.
Day care.
An establishment for group care of nonresident adults or children.
(1) Day care shall include, but not be limited to, child day care services, adult day care centers
and the following:
(a) Adult day care, such as adult day health centers or social day care as defined by the
Washington State Department of Social and Health Services;
(b) Nursery schools for children under minimum age for education in public schools;
(c) Privately conducted kindergartens or prekindergartens when not a part of a public or
parochial school; and
(d) Programs covering after-school care for school children.
(2) Day care establishments are subclassified as follows:
(a) Day care I – A facility that provides day care to a maximum of 12 adults or children in
any 24-hour period; and
(b) Day care II – A facility that provides day care to over 12 adults or children in any 24-
hour period.
Deciduous. A plant species with foliage that is shed annually.
Dedicatory statement.
A statement or representation on the final plat of those conditions and restrictions required to
appear on the face of the final plat as a condition of plat approval.
Density
The number of housing units per acre as permitted by this title.
Department.
The city of Marysville Community Development Department.
Department of Ecology, or DOE.
The Washington State Department of Ecology.
Detached building.
A building surrounded on all sides by open space.
Developer.
Person applying for or receiving a permit or approval for a development.
Development.
Any proposed land use, zoning, or rezoning, comprehensive plan amendment, annexation,
subdivision, short subdivision, planned residential development, binding site plan, conditional use
permit, shoreline development permit, or any other property development action permitted or
regulated by the Marysville Municipal Code.
Development, (Floodplain management).
Any manmade change to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials located within the area of special flood hazard.
Directional sign. A single-faced or double-faced sign not exceeding six square feet in surface area per side
designed to guide or direct pedestrian or vehicular traffic to an area, place or convenience. Advertising
on said signs shall be limited to incidental graphics such as trade names and trademarks. A
directional sign is a type of instructional sign.
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Director.
The community development director for the city of Marysville.
Division of land.
Any segregation not otherwise exempt as provided for under the provisions of this title which
alters the shape, size or legal description of any part of any owner’s land. A tax segregation does not
constitute a division of land for the purpose of meeting the requirements of Chapter 58.17 RCW and
this title.
Dock.
A basin for moorage of boats, including a basin formed between the extension of two piers or
the area between a bank or quay and a pier. Docking facilities may include wharves, moorage or
docks or any place or structure connected with the shore or upon shorelands provided for the securing
of a boat or vessel.
Drop box facility.
A facility used for receiving solid waste and recyclables from off-site sources into detachable
solid waste containers, including the adjacent areas necessary for entrance and exit roads, unloading
and vehicle turnaround areas. Drop box facilities normally service the general public with loose loads and may also include containers for separated recyclables.
Duplex.
A building that contains two primary dwelling units on one lot. The units must share a
common wall or common floor/ceiling.
Dwelling unit.
A building, or a portion of a building, that has independent living facilities including provisions
for sleeping, cooking, and sanitation, and that is designed for residential occupancy by a group of
people. Buildings with more than one set of cooking facilities are considered to contain multiple
dwelling units unless the additional cooking facilities are clearly accessory, such as an outdoor grill.
22A.020.060 “E” Definitions
Easement
A right granted by a property owner to specifically named parties or to the public for the use of certain land for specified purposes.
Effective date.
The date a final decision becomes effective.
EIS.
Environmental Impact Statement.
Elderly.
A person 62 years of age or older.
Electric scooters and motorcycles.
Any 2-wheel vehicle that operates exclusively on electrical energy for an off-board source that
is stored in the vehicle’s batteries and produces zero emissions or pollution when stationary or
operating.
Electric sign. Any sign containing electrical wiring, lighting, or other electrical components, but not including signs illuminated by a detached exterior light source.
Electric vehicle.
Any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or
an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes:
(1) A battery electric vehicle;
Marysville Municipal Code Title 22 UDC
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(2) A plug-in hybrid electric vehicle;
(3) A neighborhood electric vehicle; and (4) A medium-speed electric vehicle.
Electric vehicle charging station.
A public or private parking space that is served by battery charging station equipment that has
as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery
or other energy storage device in an electric vehicle. An electric vehicle charging station equipped
with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal
use.
Electric vehicle charging station - public.
An electric vehicle charging station that is:
(1) Publicly owned and publicly available (e.g., Park & Ride parking, public library parking lot, on-
street parking); or
(2) Privately owned and publically available (e.g., shopping center parking, non-reserved parking
in multi-family parking lots).
Electric vehicle charging station - restricted. An electric vehicle charging station that is (1) privately owned and restricted access (e.g., single-family home, executive parking, designated employee parking) or (2) publically owned and
restricted (e.g., fleet parking with no access to the general public).
Electric vehicle infrastructure.
Structures, machinery, and equipment necessary and integral to support an electric vehicle,
including battery charging stations, rapid charging stations, and battery exchange stations.
Electric vehicle parking space.
Any marked parking space that identifies the use to be exclusively for the parking of an
electric vehicle.
Electronic message sign.
A variable message sign that utilizes computer-generated messages or some other electronic
means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs or a
flipper matrix. Also known as changeable copy sign.
Elevated building, (Floodplain management).
For insurance purposes, a nonbasement building which has its lowest elevated floor raised
above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
Energy resource recovery facility.
An establishment for recovery of energy in a usable form from mass burning or refuse-derived
fuel incineration, pyrolysis or any other means of using the heat of combustion of solid waste.
Engineering feasibility study.
A report prepared by a licensed professional engineer qualified by training to have expert
engineering knowledge of a particular subject. The report will identify the capability of the land to
withstand disturbance, such as erosion, sedimentation, geological hazards, or other aspects of the
development.
Environmentally sensitive areas.
Those areas regulated by Chapter 22E.010 MMC, and their buffers. Equipment, heavy.
High-capacity mechanical devices for moving earth or other materials, and mobile power units
including, but not limited to:
(1) Carryalls;
(2) Graders;
(3) Loading and unloading devices;
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(4) Cranes;
(5) Drag lines; (6) Trench diggers;
(7) Tractors;
(8) Augers;
(9) Bulldozers;
(10) Concrete mixers and conveyers;
(11) Harvesters;
(12) Combines; or
(13) Other major agricultural equipment and similar devices operated by mechanical power as
distinguished from manpower.
Erosion.
The wearing away of the earth’s surface as a result of the movement of wind, rain, water and
other natural agents which mobilize and transport soil particles.
Erosion hazard areas.
Lands or areas that, based on a combination of slope inclination and the characteristics of the
underlying soils, are susceptible to varying degrees of risk of erosion. Erosion hazard areas are classified as low hazard, moderate hazard and high hazard, based on the following criteria: (1) Low Hazard. Areas sloping less than 15 percent.
(2) Moderate Hazard. Areas sloping between 15 and 40 percent and underlain by soils that consist
predominantly of silt, clay, bedrock or glacial till.
(3) High Hazard. Areas sloping between 15 and 40 percent that are underlain by soils consisting
largely of sand and gravel, and all areas sloping more steeply than 40 percent.
Ex parte communication.
Any oral or written communication made by any person, including a City employee or official,
pertaining to a matter that is or will be within the jurisdiction of the City Council, Hearing Examiner or
Planning Commission made outside of a public record.
Existing and ongoing agricultural activities.
Those activities involved in the production of crops and livestock, and changes between
agricultural activities and uses, and normal operation, maintenance, repair, or reconstruction of
existing serviceable structures, as well as construction of new farm structures, facilities or improved areas. An operation ceases to be ongoing when a formal plat has been approved by the city for
development of the small farm.
Evergreen.
A plant species with foliage that persists and remains green year round.
Existing and ongoing agricultural activities.
Those activities involved in the production of crops and livestock, including but not limited to
operation and maintenance of farm and stock ponds or drainage and irrigation systems, changes
between agricultural activities and uses, and normal operation, maintenance, repair, or reconstruction
of existing serviceable structures, facilities or improved areas. Activities which bring an area into
agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area
on which it was conducted is proposed for conversion to a nonagricultural use or has lain idle for a
period of longer than five years, unless the idle land is registered in a federal or state soils
conservation program. Forest practices are not included in this definition.
Existing manufactured home park or subdivision, (Floodplain management). A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the adopted floodplain management regulations.
Exotic species.
Any species of plant or animal that is not indigenous to the area.
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Expansion to an existing manufactured home park or subdivision, (Floodplain management).
The preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete pads).
22A.020.070 “F” Definitions
FAA.
The Federal Aviation Administration.
Façade.
All the wall planes of a structure as seen from one side or view. For example, the front façade
of a building would include all of the wall area that would be shown on the front elevation of the
building plans.
Factory-built commercial building, or modular.
Any structure that is either entirely or substantially prefabricated or assembled at a place other than a building site; and designed or used for nonresidential human occupancy. Such structures meet all requirements of the Uniform Building Code. Once erected at the site, they are not mobile and
are not considered to be mobile/manufactured homes.
Factory-built housing, or modular.
A structure constructed and partially assembled in a factory and transported to the building
site for final erection. Such structures meet all requirements of the Uniform Building Code. Once
erected at the site, they are not mobile and are not considered to be mobile/manufactured homes.
Farm product processing.
The processing and packaging of seasonally grown agricultural products or the cutting of flesh
of domestic farm animals for individual customers, but shall not include their conversion to
manufactured products.
FCC.
The Federal Communications Commission.
Federal manual, or federal methodology.
The methodology for identifying wetlands in the field as described in the Corps of Engineers
Wetlands Delineation Manual (January, 1989).
Fence.
A barrier for the purpose of enclosing space or separating lots, composed of masonry or
concrete walls, or posts connected by boards, rails, panels, wire or mesh.
Fence, sight-obscuring.
The minimum for a “sight-obscuring fence” is a chainlink fence with permanently attached,
woven slats in every row or available space of the fence.
Fill.
The act of placing (by any manner or mechanism) fill material, to, or on any soil surface,
sediment surface, or other fill material.
Final approval. The final official action taken by the city on a proposed subdivision, or short subdivision where
all the conditions of preliminary approval have been met.
Final decision.
The final action by the director, hearing examiner, or city council.
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Final plat.
The final permanent reproducible drawing and dedication of the subdivision required for filing for record with the county auditor and containing all elements and requirements set forth in state law
and in this title.
Final short plat.
The final permanent reproducible drawing and dedication of the short subdivision required for
filing for record with the county auditor and containing all elements and requirements set forth in state
law and this title.
Final site plan.
A drawing to scale, showing uses and structures proposed for a parcel of land as required by
the regulations of this title, and approved by the city, which shall constitute an integral part of the
approval process.
Fish report.
A report, prepared by a qualified consultant, that evaluates fish and aquatic animal
communities and fish functions and values on a site, consistent with the format and requirements
established by this chapter. Flashing sign.
An illuminated sign which lights suddenly or intermittently. A strobe light used to attract
attention to a business is an example of a flashing sign.
Flood or flooding.
A general and temporary condition of partial or complete inundation of normally dry land areas
from:
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
Flood Insurance Rate Map or FIRM.
The official map on which the Federal Insurance Administration has delineated both the areas
of special flood hazards and the risk premium zones applicable to the City.
Flood Insurance Study, (Floodplain management). The official report provided by the Federal Insurance Administration that includes flood
profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.
Floodway, (Floodplain management).
The channel of a river or other watercourse and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively increasing the water surface elevation more
than one foot.
Floor area.
The sum of the gross horizontal areas of the floors of a building or buildings, measured from
the exterior faces of exterior walls and from the centerline of division walls. Floor area includes
basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic
spaces with headroom of seven feet six inches or more, penthouse floors, interior balconies and
mezzanines, and enclosed porches. Floor area shall not include accessory water tanks and cooling
towers, mechanical equipment or attic spaces with headroom of less than seven feet six inches,
exterior steps or stairs, terraces, breezeways and open spaces.
Flush-mounted. Any antenna or antenna array attached directly to the face of the antenna support structure,
structure, or building. Where a maximum flush-mounting distance is given, that distance shall be
measured from the outside edge of the support structure or building to the inside edge of the antenna.
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Forest product sales.
The sale of goods produced, extracted, consumed, gathered or harvested from a forest including, but not limited to:
(1) Trees;
(2) Wood chips;
(3) Logs;
(4) Fuelwood;
(5) Cones;
(6) Christmas trees;
(7) Berries;
(8) Herbs; or
(9) Mushrooms.
Forest research.
The performance of scientific studies relating to botany, hydrology, silviculture, biology and
other branches of science in relation to management of forest lands, including but not limited to
commercial physical and biological research, noncommercial research organizations, and testing
laboratories.
Freestanding sign. A sign on a frame, pole, or other support structure that is not attached to any building.
22A.020.080 “G” Definitions
Garage.
(1) A covered structure designed to provide shelter for vehicles, and which is accessory to a use in
these structure types:
(a) houses,
(b) attached houses,
(c) duplexes,
(d) mobile homes, or
(e) houseboats.
(2) Floor area adjacent to the space designed to provide shelter for vehicles, if not entirely
separated from the garage area by floor-to-ceiling walls, is considered part of the garage.
(3) A garage may be attached to or detached from another structure.
Garage or yard sale sign.
A temporary sign used to direct people to a sale of personal household possessions.
Garage, commercial.
A building or portion thereof designed and used for the storage, repair or servicing of motor
vehicles or boats as a business.
Garage sale.
The sale of used household personal items by the owner thereof.
Gasoline service station.
Any area of land, including the structures thereon, that is used for the sale of gasoline or other
motor fuels, oils, lubricants and auto accessories and which may or may not include washing,
lubricating and other minor servicing but not painting operation.
General business service. An establishment engaged in providing services to businesses or individuals, with no outdoor storage or fabrication, including but not limited to the following uses:
(1) Depository institutions;
(2) Nondepository credit institutions;
(3) Security and commodity brokers, dealers, exchanges, and services;
(4) Insurance carriers;
(5) Real estate;
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(6) Holding and other investment offices;
(7) Miscellaneous personal services, not elsewhere classified; (8) Business services and general office uses;
(9) Outdoor advertising services; and
(10) Membership organizations, including administrative offices of organized religions, but
excluding churches and places of worship.
Geologic hazard areas.
Lands or areas characterized by geologic, hydrologic and topographic conditions that render
them susceptible to potentially significant or severe risk of landslides, erosion, or seismic activity.
Geologic hazard area maps.
The geologic hazard area maps prepared for Snohomish County Tomorrow, July, 1991, and
associated reports. The maps are adopted by the city of Marysville and indicate the potential presence
of geologic hazards.
Geotechnical Study.
A professional report by a certified and licensed geotechnician/civil engineer on a land
development project, to determine susceptibility of geological hazards such as erosion, landslides, earthquakes, and other geologic events.
Golf facility.
A recreational facility, under public or private ownership, designed and developed for uses
including, but not limited to:
(1) A golf course;
(2) A driving range;
(3) Miniature golf;
(4) Pro shops;
(5) Caddyshack buildings;
(6) Restaurants;
(7) Office and meeting rooms; and
(8) Related storage facilities.
Grade.
See “base elevation.”
Grading.
Any excavating, filling, clearing, leveling, or contouring of the ground surface by human or
mechanical means.
Gross project area.
The total project site.
Growth Management Act, or GMA.
Chapter 36.70A RCW, as now in existence or as hereafter amended.
Groundcover.
Living plants designed to grow low to the ground (generally one foot or less) and intended to
stabilize soils and protect against erosion.
22A.020.090 “H” Definitions
Habitat management. Management of land to maintain species in suitable habitats within their natural geographic
distribution so that isolated subpopulations are not created. This does not imply maintaining all habitat
or individuals of all species in all cases.
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Habitat map.
The fish and wildlife conservation areas maps prepared for Snohomish County Tomorrow, July, 1991, and associated reports. The maps are adopted by the city of Marysville and indicate the
potential presence of wildlife species.
Hearing examiner.
The land use hearing examiner for the city.
Homeowners’ Association.
Any combination or group of persons or any association, corporation or other entity that
represents homeowners residing in a short subdivision, subdivision or planned residential
development. A homeowners’ association shall be an entity legally created under the laws of the
State of Washington.
Home occupation.
Any activity carried out for gain by a resident and conducted as a customary, incidental, and
accessory use in the resident’s dwelling unit.
Home, rest, convalescent, for the aged. A home operated similarly to a boardinghouse but not restricted to any number of guests or guest rooms, and in which nursing, dietary and other personal services are furnished to convalescents,
invalids and aged persons, but in which homes are kept no persons suffering from an acute mental
sickness, or from a contagious or communicable disease, and in which homes are performed no
surgery or other primary treatments such as are customarily provided in hospitals, and in which no
persons are kept or served who normally would be admitted to a mental hospital.
Hospital.
An establishment which provides accommodations, facilities and services over a continuous
period of 24 hours or more, for observation, diagnosis and care, of two or more individuals, not
related by blood or marriage to the operator, who are suffering from illness, injury, deformity or
abnormality, or from any condition requiring obstetrical, medical or surgical services.
Hotel.
A building, other than a motel, providing six or more rooms for public lodging especially for
temporary guests, but which does not have cooking facilities in individual rooms. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not
included are institutions housing persons under legal restraint or requiring medical attention or care.
House.
A detached dwelling unit located on its own lot.
Household.
A housekeeping unit consisting of:
(1) An individual;
(2) Two or more persons related by blood or marriage;
(3) A group of two or more disabled residents protected under the Federal Fair Housing
Amendment Act of 1988;
(4) Adult family homes as defined under Washington state law; or
(5) A group living arrangement where six or fewer residents receive support services such as
counseling, foster care or medical supervision at the dwelling unit by resident or non-resident staff;
and
(6) Up to six residents not related by blood or marriage, or in conjunction with any of the above individuals or groups, may occupy a dwelling unit. For purposes of this section, minors living with parent or legal guardian shall not be counted as part of the maximum number of residents.
22A.020.100 “I” Definitions
Impact fee.
A charge or fee assessed by the City which mitigates all or any portion of a direct impact.
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Title 22A-30
Impervious surface. Any nonvertical surface artificially covered or hardened so as to prevent or impede the
percolation of water into the soil mantle including, but not limited to, roof tops, swimming pools,
paved or graveled roads or parking areas and excluding landscaping and surface water
retention/detention facilities. Low impact development methods including, but not limited to, pervious
pavement systems, green roofs and the area within minimal excavation foundations may reduce
impervious area subject to consistency with the Low Impact Development Technical Guidance Manual
for Puget Sound and approval of the city engineer.
Improvement.
Any structure or construction including, but not limited to, buildings, roads, storm drainage
systems, sanitary sewage facilities, water mains, pedestrian and landscaping improvements.
Incidental signs.
Incidental signs are small signs of a noncommercial nature without advertising, intended
primarily for the convenience of the public about goods, facilities, or services available on the
premises including, but not limited to, restrooms, hours of operation, entrances and exits to buildings
and parking lots, help wanted, public telephones, acceptable credit cards, property ownership or management, or recycling containers.
Indirect lighting.
Lighting displayed or reflected on the surface or face of a sign, which is not inside the sign and
not a part of the sign proper.
In-kind mitigation.
Measures taken to replace critical areas with substitute areas whose characteristics and
functions closely approximate those destroyed or degraded by a regulated activity. It does not mean
replacement “in-category.”
Instructional Signs.
A sign clearly intended for instructional purposes, as determined by the Community
Development Director, shall not be included in the permitted sum of the sign area of identification wall
signs, provided such sign is not larger than six (6) square feet per sign, and such sign is not in a
location, and does not include design characteristics, that constitute or serve the purposes of an identification sign.
Interim recycling facility.
A site or establishment engaged in collection or treatment of recyclable materials, which is not
the final disposal site, and including:
(1) Drop boxes;
(2) Source-separated, organic waste processing facilities; and
(3) Collection, separation and shipment of glass, metal, paper or other recyclables to others who
will re-use them or use them to manufacture new products.
Internally illuminated signs.
Any sign where light shines through a transparent or semi-transparent sign face to illuminate
the sign’s message. Exposed neon is considered to be a form of internal illumination.
22A.020.110 “J” Definitions
Jail. A facility operated by a governmental agency; designed, staffed and used for the incarceration of persons for the purposes of punishment, correction and rehabilitation following conviction of an
offense.
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Title 22A-31
22A.020.120 “K” Definitions
Kennel, commercial.
Any lot or unit of adjoining lots in the city on which a total of more than four dogs and/or cats,
or a combination of the same, over three months of age are kept and/or maintained for board,
propagation, training or treatment. Such kennel must be established on a minimum of five acres;
provided, that the term “commercial kennel” shall not apply to legally established commercial
enterprises which operate exclusively as veterinary hospitals or clinics, pet stores or grooming parlors.
Kennel, hobby.
Any lot or unit of adjoining lots in the city on which a total of more than four dogs and/or cats,
or a combination of the same, over three months of age are kept; provided, that such animals must
be owned by the occupants of the property and must be kept primarily for the use and enjoyment of
said occupants, including but not limited to, the raising of the animals for show purposes.
Kennel, exhibitor/breeding.
A place at or adjoining a private residence where three, but not more than 20 adult dogs, cats,
or combination thereof, owned by persons residing on said property, are kept for the primary purpose
of participating in dog shows or other organized competitions or exhibitions. 22A.020.130 “L” Definitions
Land Surveyor.
An individual licensed as a land surveyor pursuant to chapter 18.43 RCW.
Landfill.
A disposal facility or part of a facility at which solid waste is placed in or on land.
Landslide.
Episodic downslope movement of a mass of soil or rock and includes snow avalanches.
Landslide hazard areas.
Areas that, due to a combination of slope inclination and relative soil permeability, are
susceptible to varying degrees of risk of landsliding. Landslide hazard areas are classified as Classes I-
IV based on the degree of risk as follows: (1) Low Hazard. Areas with slopes of less than 15 percent.
(2) Moderate Hazard. Areas with slopes of between 15 and 40 percent and that are underlain by
soils that consist largely of sand, gravel, bedrock or glacial till.
(3) High Hazard. Areas with slopes between 15 percent and 40 percent that are underlain by soils
consisting largely of silt and clay, and all areas sloping more steeply than 40 percent.
(4) Very High Hazard. Areas with slopes over 40 percent and areas of known mappable landslide
deposits.
Least visually obtrusive profile.
The design of a wireless communication facility intended to present a visual profile that is the
minimum profile necessary for the facility to properly function.
Livestock.
All animals commonly raised on farms, whether now or in the future, and includes such
animals as emus, ostriches, buffaloes, llamas, and the like, which are not traditional farm animals but
are raised on farms throughout the nation. Livestock does not include dogs, cats or exotic animals as
defined by city ordinance or state statute. Lot.
(1) “Lot” is a parcel or tract of land so designated on a recorded plat or assessors plat, or:
(a) in an unplatted area, a tract having frontage on a public street or private street within
a planned residential development or binding site plan and having the minimum size and dimensions
required for a building site by the zoning code; or
(b) a building site designated as such on an approved planned development plan; or
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(c) an unplatted area, legally created, and having the minimum size and dimensions
required for a building site by the zoning code, but that does not have frontage on a public street. (2) A tract consisting of more than one contiguous lot may be considered as one lot for
development purposes, subject to interpretation of the location of the front and rear yards.
(3) A “corner lot” is a lot bounded on two adjacent sides by intersecting public streets.
(4) An “interior lot” is a lot other than a corner lot.
(5) A “through lot” is a lot bounded on opposite sides by parallel or approximately parallel public
streets.
Lot area.
The total horizontal area within the boundary lines of a lot, excluding any access easements or
panhandles. For purposes of this definition, a “panhandle” means a narrow strip of land designed for
access purposes which does not, itself, meet the full frontage or width requirements of a lot.
Lot depth.
The depth of a lot is the horizontal distance between the front lot line and the rear lot line
measured in the main direction of the side lot lines.
Lot lines. The property lines along the edge of a lot or site. (1) “Front lot line” means the yard abutting an improved street from which the lot gains primary
access or the yard abutting the entrance to a building and extending the full width of the lot. If this
definition does not establish a front yard setback, the community development director shall establish
the front yard based upon orientation of the lot to surrounding lots and the means of access to the lot.
a lot line, or segment of a lot line, that abuts a street.
(a) On a corner lot, the other lot line abutting the intersecting street shall become a side
street lot line having a reduced setback requirement of 10 feet; except when the side street lot line
abuts a designated arterial, in which case the side street setback shall be 15 feet and the rear setback
can be reduced to 10 feet.
(b) A through lot has two front lot lines.
(2) “Rear lot line” means the lot line opposite and most distance from the front lot line. In the
case of triangular or other irregularly shaped lots, it means a line 20 feet in length within the lot,
parallel to and at the maximum distance from the front lot line.
(3) “Side lot line” means a lot line that is neither a front nor rear lot line.
(4) “Side street lot line” means a lot line that is both a side lot line and a street lot line. (5) “Street lot line” means a lot line, or segment of a lot line, that abuts a street.
(a) “Street lot line” does not include lot lines that abut an alley.
(b) On a corner lot, there are two (or more) street lot lines.
(c) Street lot lines can include front lot lines and side lot lines.
Lot width.
The width of a lot is the horizontal distance between the side lot lines measured on a line
intersecting at right angles the line of the lot depth thirty feet from the front lot line.
Lowest floor, (Floodplain management).
The lowest floor of the lowest enclosed area (including basement). An unfinished or floor
resistant enclosure, used solely for parking of vehicles, building access or storage, in an area other
than a basement area is not considered a building’s lowest floor; provided, that such enclosure is not
built so as to render the structure in violation of the applicable non-elevation design requirements of
this code.
22A.020.140 “M” Definitions Manufactured home, designated.
A “designated manufactured home” is a manufactured home constructed after June 15, 1976,
in accordance with state and federal requirements for manufactured homes, which:
(1) Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide
by 36 feet long;
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(2) Was originally constructed with and now has a composition or wood shake or shingle, coated
metal or similar roof of nominal 3:12 pitch; and (3) Has exterior siding similar in appearance to siding materials commonly used on conventional
site-built International Building Code single-family residences.
Manufactured home, (Floodplain management).
A structure transportable in one or more sections, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term “manufactured home” also includes park trailers, travel
trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For
insurance purposes the term “manufactured home” does not include park trailers, travel trailers and
other similar vehicles. The term “manufactured home” does not include a “recreational vehicle.”
Manufactured home park or subdivision, (Floodplain management).
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for
rent or sale.
Marina.
An establishment providing docking, moorage space and related activities limited to the provisioning or minor repair of pleasure boats and yachts; and personal services including, but not limited to:
(1) Showers;
(2) Toilets; and
(3) Self-service laundries.
Marquee.
A permanent structure attached to, supported by, and
projecting from a building and providing protection from the
weather elements, but which does not include a projecting
roof. For purposes of these standards, a free-standing,
permanent, roof-like structure providing protection from the
elements, such as a service station gas pump island, shall also
be considered a marquee. The definition also includes an
awning and a canopy.
Marquee sign.
A sign incorporated into or attached to a marquee.
Master plan.
A concept site plan, to scale, showing general land uses and zoning districts, proposed building
pad concepts and orientation, public and private open space, sensitive areas, streets, pedestrian and
vehicle connectivity to adjacent parcels, and other design features, required by applicable
comprehensive plan and development regulations applying to the parcels.
Master planned senior community.
A master plan for a site that incorporates a range of care options for senior citizens or disabled
persons, including but not limited to independent senior housing, senior assisted living, and nursing
homes. The proposed development must offer a continuum of care that offers varying degrees of
assistance for individuals as it is needed. The community must include an integration of residential
living units or beds, recreation, congregate dining, and on-site medical facilities/services.
Material error. Substantive information upon which a permit decision is based that is submitted in error or is omitted at the time of permit application.
Medium-speed Electric Vehicle.
A self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or
crush-proof body design, whose speed attainable in one mile is more than 25 miles per hour but not
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more than 35 miles per hour and otherwise meets or exceeds the federal regulations set forth in 49
C.F.R. Sec. 571-500.
Menu sign.
A menu board at the entrance to a drive-through lane at a restaurant or an automobile service
facility listing menu items or services for sale at the establishment. Car washes or automobile
lubrication facilities typically display a menu sign.
Mitigation – Mitigate.
An action which avoids a negative adverse impact and is reasonable and capable of being
accomplished.
MMC.
The Marysville Municipal Code, as amended.
Mobile home.
A transportable, factory-built home designed and intended to be used as a year-round
dwelling, and built prior to the enactment of the Federal Manufactured Housing and Safety Standards
Act of 1974. Mobile homes are no longer built. Mobile/manufactured home lot.
A plot of ground within a mobile/manufactured home park designated to accommodate one
mobile/manufactured home.
Mobile/manufactured home park.
A tract of land under single ownership or control, including ownership by a condominium
association, upon which two or more mobile/manufactured homes occupied as dwellings may be
located.
Monument sign.
A freestanding sign that is attached directly to the ground with a decorative base made of
wood, masonry or other similar material. Monument signs may have posts comprised of wood,
masonry, or metal so long as the posts are completely surrounded by the decorative base. The width
of the top of the sign structure can be no more than one hundred twenty (120%) percent of the width
of the base. Monument signs shall not exceed twelve (12) feet in height.
Motel.
A building or group of buildings containing six or more rooms where lodging with or without
meals is provided for compensation. Cooking facilities may be installed provided no more than 10
percent of the motel units contain complete cooking facilities, and cooking facilities in the remaining
units are limited to a “countertop range” with no oven. Motels shall be designed to accommodate the
automobile tourist or transient; furnishings and daily maid service shall be provided, and parking
facilities must be provided convenient to each guest room.
Motor vehicle and boat dealer.
An establishment engaged in the retail sale of new and/or used automobiles, motor homes,
motorcycles, trailers, and boats.
Multifamily, dwelling unit.
A building containing three or more dwelling units, or units when above a ground floor
commercial use. The term includes triplexes, four-plexes, apartments, condominiums and the like. It
does not include boarding houses, motels or hotels. Mural.
A large decorative image, not an advertisement that is painted or drawn on an exterior wall of
a structure.
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22A.020.150 “N” Definitions
Nameplate.
A sign displaying only an occupant’s name or the name or address of premises.
Native fish.
Fish existing on a site or fish species that are indigenous to the area in question.
Native vegetation.
Vegetation existing on a site or plant species that are indigenous to the area in question
Naturalized species.
Nonnative species of vegetation that are adaptable to the climatic conditions of the coastal
region of the Pacific Northwest.
Neighborhood Electric Vehicle.
A self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in
one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal
regulations under Title 49 C.F.R. Part 571.500. Net density.
The number of dwelling units divided by the net project area.
Net project area.
The gross project area minus floodplains, utility easements 30 feet wide or greater, publicly
owned community facility land and right-of-way, storm water detention facility tracts or easements
(unless underground and usable for recreation), private roads or access easements, panhandles, and
nontransferable critical areas (e.g., stream channels) per MMC 22E.010.360. If storm water detention
areas are designed and constructed to meet low impact development standards, 50 percent of the
area used for detention may be counted as net project area.
New construction, (Floodplain management).
Structures for which the “start of construction” commenced on or after the effective date of
the ordinance codified in this chapter.
New manufactured home park or subdivision, (Floodplain management).
A manufactured home park or subdivision for which the construction of facilities for servicing
the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is
completed on or after the effective date of the adopted floodplain management regulations.
Nonconformance.
Any use, improvement or structure which lawfully occupied a building or land on or before
April 25, 1972, and was established in conformance with city of Marysville or county rules and
regulations in effect at the time of establishment, that no longer conforms to the range of uses
permitted in the site’s current zone or to the current development standards of the code due to
changes in the code or its application to the subject property.
Nonconforming lot.
A legally established lot, tract or parcel, the area dimensions or location of which met the
applicable zoning code requirements in effect at the time the lot, tract, or parcel was created, but
which fails by reason of such adoption, revision, or amendment of the zoning code to conform to the present requirements of the zone in which it is located.
Nonconforming sign.
A sign that was created and issued a permit in conformance with development regulations at
the time of its installation, but which subsequently, due to a change in the zone or land use
regulations, is no longer in conformance with the currently applicable development standards.
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Non-Electric Vehicle.
Any motor vehicle that does not meet the definition of “electric vehicle.”
Nonhydroelectric generation facility.
An establishment for the generation of electricity by nuclear reaction, burning fossil fuels, or
other electricity generation methods.
Nonresidential division of land.
The subdividing of business, commercial and industrial property done in accordance with the
city’s subdivision or binding site plan ordinance.
22A.020.160 “O” Definitions
Off-premises sign.
A sign relating, through its message and content, to a business activity, use, product, or
service not available on the premises upon which the sign is erected.
Off-street parking.
Parking facilities for motor vehicles on other than a public street or alley. On-premises sign.
A sign relating, through its message and content, to a business activity, use, product, or
service available on the premises upon which the sign is erected.
Open record hearing.
A hearing, conducted by a single hearing body or officer authorized to conduct such hearings,
that creates a record through testimony and submission of evidence and information (RCW
36.70.B.050(2)).
Open space.
Any parcel or area of land or water set aside, dedicated, designated, or reserved for public or
private use or enjoyment.
Open space, public.
An area dedicated in fee to the city, and operated and maintained by it. Public open space is designed primarily for the use of residents of a particular development, but cannot be reserved for
their exclusive use due to the public ownership.
Open-work fence.
A fence in which the solid portions are evenly distributed and constitute no more than 50
percent of the total surface area.
Opiate substitution treatment facility.
An organization that administers or dispenses an approved drug as specified in 212 CFR Part
291, as it now reads or is hereafter amended, for treatment or detoxification of opiate substitution.
The agency is:
(1) Certified as an opioid treatment program by the Federal Center for Substance Abuse
Treatment, Substance Abuse and Mental Health Services Administration;
(2) Licensed by the Federal Drug Enforcement Administration;
(3) Registered by the state Board of Pharmacy;
(4) Accredited by an opioid treatment program accreditation body approved by the Federal Center
for Substance Abuse Treatment, Substance Abuse and Mental Health Services Administration; and (5) Certified as an opiate substitution treatment program by the Washington State Department of Social and Health Services.
Ordinary high water mark, or OHWM.
That mark that will be found by examining the bed and banks and ascertaining where the
presence and action of waters are so common and usual, and so long continued in all ordinary years,
as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation
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as that condition existed on June 1, 1971, or as it may naturally change thereafter; provided, that in
any area where the ordinary high water mark cannot be found pursuant to this definition, it shall be the line of mean high water.
Outdoor performance center.
An establishment for the performing arts with open-air seating for audiences. Such
establishments may include related services such as food and beverage sales and other concessions.
Out-of-kind mitigation.
Measures taken to replace critical areas with substitute critical areas whose characteristics do
not closely approximate those destroyed or degraded. It does not refer to replacement “out of
category.”
Owner/Ownership Interest.
Owners are all persons having a real property interest. Owners include with respect to real
property:
(1) holder of fee title or a life estate;
(2) holder of purchaser’s interest in a sale contract in good standing;
(3) holder of seller’s interest in a sale contract in breach or in default; (4) grantor of deed of trust; (5) presumptively, a legal owner and a taxpayer of record;
(6) fiduciary representative of an owner;
(7) person having a right of possession or control; or
(8) any one of a number of co-owners, including joint, in common, by entireties and spouses as to
community property.
22A.020.170 “P” Definitions
Painted sign.
A sign painted on a wall, fence or other structure and not lighted by internal illumination. A
painted sign is a type of wall sign.
Panhandle lot.
A lot where the front and rear lot lines conform to zoning code requirements for lot dimensions
and lot sizes except for the panhandle. The panhandle is a narrow strip of land which does not, itself, meet the full frontage or width requirements of a lot and will be utilized principally for access purposes
from an improved public right-of-way.
Parcel.
See definition for “Lot.”
Park.
A site designed or developed for recreational use by the public including, but not limited to:
(1) Indoor facilities, such as:
(a) Gymnasiums;
(b) Swimming pools; or
(c) Activity centers; and
(2) Outdoor facilities, such as:
(a) Playfields;
(b) Fishing areas; or
(c) Picnic and related outdoor activity areas; and
(3) Areas and trails for: (a) Hikers; (b) Equestrians;
(c) Bicyclists; or
(d) Off-road recreational vehicle users.
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Party of record, or POR.
A person who has submitted written comments, testified, asked to be notified or is the sponsor of a petition entered as part of the official city record on a specific development proposal.
People with functional disabilities.
“People with functional disabilities” means:
(1) A person who because of a recognized chronic physical or mental condition or disease is
functionally disabled to the extent of:
(a) Needing care, supervision or monitoring to perform activities of daily living or instrumental
activities of daily living, or
(b) Needing support to ameliorate or compensate for the effects of a functional disability so as to
lead as independent a life as possible, or
(c) Having a physical or mental impairment which substantially limits one or more of such
person’s major life activities, or
(d) Having a record of having such an impairment; or
(2) Being regarded as having such an impairment, but such term does not include current, illegal
use of or active addiction to a controlled substance.
Permitted use. Any use authorized or permitted alone or in conjunction with another use in a specified district and subject to the limitations of the regulations of such use district.
Person.
Any individual, corporation, partnership, association, governmental body, state agency or
other entity whatsoever.
Planned action.
A significant development proposal as defined in RCW 43.21C.031 (SEPA) as amended.
Plans.
Planning documents, which are developed by the various departments of the City, pertaining
to the orderly development of public facilities.
Plat.
The map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.
Plat – Final.
A map or representation of a subdivision, showing thereon the division of a tract or parcel of
land into lots, blocks, streets, alleys, or other divisions and dedications and containing all elements
and requirements set forth in the chapter and chapter 58.17 RCW.
Plat – Preliminary.
(1) A neat and approximate drawing of a proposed subdivision showing the general layout of
streets, alleys, lots, blocks, and other elements of a subdivision required by this chapter and chapter
58.17 RCW.
(2) The preliminary plat shall be the basis for the approval or disapproval of the general layout of
a subdivision.
Plug-in hybrid electric vehicle, or PHEV.
An electric vehicle that (1) contains an internal combustion engine and also allows power to be
delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to travel powered by
electricity.
Pole sign.
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A freestanding sign hung from or supported by vertical standing pipe(s), wood beams(s) or
other material(s) that are affixed to the ground at one end and to the sign at the other end if the support(s) are clearly visible. This definition also includes a pylon sign.
Portable sign.
Any movable sign not permanently attached to the ground or a building and easily removable
using ordinary hand tools.
Preliminary approval.
An official action on a proposed subdivision or short subdivision that refers to placement of
specific conditions which must be complied with before final approval may be granted.
Primary association area.
The area is used on a regular basis, is in close association with, or is necessary for the proper
functioning of the habitat of a critical species. “Regular basis” means that the habitat area is normally,
or usually known to, contain a critical species, or based on known habitat requirements of the species
the area is likely to contain the critical species. Regular basis is species and population dependent.
Species that exist in low numbers may be present infrequently yet rely on certain habitat types.
Priority species or priority wildlife species. Wildlife species of concern due to their population status and sensitivity to habitat alteration as
identified by the Washington Department of Wildlife.
Private stormwater management facility.
A surface water control structure installed by a project proponent to retain, detain or
otherwise limit runoff and improve water quality from an individual or group of developed sites
specifically served by such structure and is privately owned. This definition does not include
biofiltration swales.
Professional office.
An office used as a place of business by licensed professionals, or persons in other generally
recognized professions, which use training or knowledge of a technical, scientific or other academic
discipline as opposed to manual skills, and which does not involve outside storage or fabrication, or
on-site sale or transfer of commodities; including the following:
(1) Insurance agents, brokers and service; (2) Real estate agents and planning directors;
(3) Income tax return preparation services;
(4) Legal services;
(5) Engineering, architectural and surveying services;
(6) Accounting, auditing and bookkeeping services; and
(7) Management and public relations services.
Projecting sign.
A sign which projects from and is supported by a wall or parapet of a building with the display
surface of the sign in a plane perpendicular to or approximately perpendicular to the wall. See also
canopy sign.
Promotional sign.
Posters, pennants, banners or streamers, balloons, searchlights, clusters of flags, strings of
twirlers or propellers, flares, and other displays of a carnival nature used to promote a grand opening
or sales events.
Property boundary. The surveyed line at ground surface, which separates the real property owned, rented, or
leased by one or more persons, from that owned, rented, or leased by one or more other persons, and
its vertical extension.
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Public agency.
Any agency, political subdivision or unit of local government of this state including, but not limited to, municipal corporations, special purpose districts and local service districts, any agency of
the state of Washington, the United States or any state thereof or any Indian tribe recognized as such
by the federal government.
Public agency office.
An office for the administration of any governmental activity or program, with no outdoor
storage and including, but not limited to the following uses:
(1) Executive, legislative, and general government;
(2) Public finance, taxation, and monetary policy;
(3) Administration of human resource programs;
(4) Administration of environmental quality and housing programs;
(5) Administration of economic programs;
(6) International affairs;
(7) Legal counsel and prosecution; and
(8) Public order and safety.
Public agency training facility. An establishment or school for training state and local law enforcement, fire safety, national guard or transit personnel and facilities including but not limited to:
(1) Dining and overnight accommodations;
(2) Classrooms;
(3) Shooting ranges;
(4) Auto test tracks; and
(5) Fire suppression simulations.
Public agency yard.
A facility for open or enclosed storage, repair, and maintenance of vehicles, equipment, or
related materials, excluding document storage.
Public improvements.
“Public improvements” include but are not limited to streets, roads, storm drainage systems,
sanitary sewage facilities, water mains, pedestrian and landscaping improvements which comply with
adopted city standards and are dedicated to the city for public use.
Public safety sign.
A sign advertising a location where public safety services are available.
Public stormwater management facility.
A surface water control structure installed by a project proponent to retain, detain or
otherwise limit runoff and improve water quality from an individual or group of developed sites
specifically served by such structure and dedicated to the city. This definition does not include
biofiltration swales.
Public street.
A right-of-way which provides vehicular and pedestrian access to adjacent properties, which
the city has officially accepted into its street system.
22A.020.180 “Q” Definitions
Qualified scientific professional. A person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance
with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent
degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field, and
two years of related work experience.
(1) A qualified professional for habitats or wetlands must have a degree in biology and
professional experience related to the subject species.
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(2) A qualified professional for a geological hazard must be a professional engineer or geologist,
licensed by the state of Washington.
22A.020.190 “R” Definitions
Radio frequency emissions.
Any electromagnetic radiation or other communications signal emitted from an antenna or
antenna-related equipment on the ground, antenna support structure, building, or other vertical
projection.
Rapid charging station.
An industrial grade electrical outlet that allows for faster recharging of electric vehicle
batteries through higher power levels, which meets or exceeds any standards, codes, and regulations
set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
RCW.
The Revised Code of Washington, as amended.
Readerboard sign. A sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign. See also changeable copy sign.
Real estate sign.
A portable or temporary sign pertaining to the sale, exchange, lease, rental, or availability of
land, buildings, condominium and similar units, or apartments.
Recreational vehicle, or RV.
A vehicle or portable structure built on a chassis and designed to be used for temporary
occupancy or travel, recreational or vacation use. Said vehicles contain plumbing, heating and
electrical systems which are operated without connection to outside utilities. Recreational vehicles
shall include, but are not limited to, campers, motor homes and travel trailers; tents are excluded.
Recreational vehicle, (Floodplain management).
A vehicle which is:
(1) Built on a single chassis; (2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
Recreational vehicle site.
A plot of ground within a recreational vehicle park intended for accommodation of a
recreational vehicle on a temporary basis.
Recreational vehicle park.
A tract of land under single ownership or control or upon which two or more recreational
vehicle sites are located, established or maintained for occupancy by the general public as temporary
living quarters for recreation or vacation purposes.
Redivision.
The redivision of a lot located within a previously recorded plat or short plat.
Regional stormwater management facility. A surface water control structure installed in or adjacent to a stream or wetland of a basin or
sub-basin by the city’s public works department or a project proponent.
Request for final approval.
A request made by the applicant for final approval of a division of land, when the applicant has
completed all the requirements of preliminary approval.
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Residential care facility. A facility, licensed by the state, that cares for at least five but not more than 15 people with
functional disabilities, that has not been licensed as an adult family home pursuant to RCW
70.128.175.
Residential development sign.
A sign identifying a residential subdivision or multifamily complex.
Revolving sign.
A sign that revolves or partially revolves by mechanical means.
Riding academy.
Any establishment where horses are kept for riding, driving or stabling for compensation or as
an accessory use in the operation of a club, association, ranch or similar establishment.
Risk potential activity or facility.
An activity or facility that provides a higher incidence of risk to the public from persons
conditionally released from the special commitment center. “Risk potential activity” and “risk potential facility” includes: (1) Public and private schools and their grounds;
(2) School bus stops;
(3) Licensed child day care and licensed preschool facilities;
(4) Public parks;
(5) Publicly dedicated trails;
(6) Sports fields;
(7) Playgrounds;
(8) Recreational and community centers;
(9) Places of worship such as churches, synagogues, temples, mosques;
(10) Public libraries;
(11) Any other risk potential activity or facility identified in siting criteria by the Department of
Social and Health Services with respect to siting a secure community transition facility.
Roof sign.
Any sign erected upon or above a roof or parapet of a building or structure.
22A.020.200 “S” Definitions
Salmonid.
Belonging to the family of Salmonidae, including the salmons, trouts, chars, and whitefishes.
Sandwich boards.
A self-supporting A-shaped freestanding temporary sign with only two visible sides that are
situated to a business, typically on a sidewalk. See also A-board.
School bus base.
An establishment for the storage, dispatch, repair and maintenance of coaches and other
vehicles of a school transit system.
School, commercial.
A building where instruction is given to pupils in arts, crafts or trades, and operated as a
commercial enterprise as distinguished from schools endowed and/or supported by taxation. School district support facilities.
Uses (excluding schools and bus bases) that are required for the operation of a school district.
This term includes school district administrative offices, centralized kitchens, and maintenance or
storage facilities.
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School, elementary, junior or senior high, including public, private and parochial.
An institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Washington State Board of Education.
Secondary habitat or secondary wildlife habitat.
Areas with one or more of the following attributes: comparatively high wildlife or fish density;
high wildlife or fish species richness; significant wildlife or fish breeding habitat; significant wildlife or
fish seasonal ranges; significant movement corridors; limited availability; high vulnerability.
Secondary habitat may offer less diversity of animal and plant species than critical habitat, but is
important for performing the essential functions of habitat.
Secure community transition facility.
A residential facility for persons civilly committed and conditionally released to a less
restrictive alternative under Chapter 71.09 RCW. A secure community transition facility has
supervision and security, and either provides or ensures the provisions of sex offender treatment
services. “Secure community transition facilities” include but are not limited to the facilities
established pursuant to RCW 71.09.250 and any community-based facilities established under Chapter
71.09 RCW and operated by the Secretary of the State Department of Social and Health Services or
under contract with the Secretary. Seismic hazard areas.
Areas that, due to a combination of soil and groundwater conditions, are subject to severe risk
of ground shaking, subsidence or liquefaction of soils during earthquakes. These areas are typically
underlain by soft or loose saturated soils (such as alluvium), have a shallow ground water table and
are typically located on the floors of river valleys. Seismic hazard areas are classified as follows:
(1) Low Hazard. Areas underlain by dense soils or bedrock.
(2) High Hazard. Areas underlain by soft or loose saturated soils.
Self-service storage facility.
An establishment containing separate storage spaces that are leased or rented as individual
units.
Senior citizen assisted, dwelling unit.
A building containing two or more dwelling units restricted to occupancy by senior citizens,
and including, but not limited to the following support services, as deemed necessary: (1) Food preparation and dining areas;
(2) Group activity areas;
(3) Medical supervision; and
(4) Similar activities.
SEPA Rules.
Chapter 197.11 WAC adopted by the department of ecology.
Setback.
The minimum distance required between a specified object, such as a building and another
point. Setbacks are usually measured from lot lines to a specified object but may also be measured
from improvements, rights-of-way, easement, drainage way, steep slopes or other boundaries or
potential hazards that are required to remain free of structures. In addition, the following setbacks
indicate where each setback is measured from:
(1) “Front setback” means a setback that is measured from a front lot line.
(2) “Rear setback” means a setback that is measured from a rear lot line.
(3) “Side setback” means a setback that is measured from a side lot line. (4) “Street setback” means a setback that is measured from a street lot line.
Shooting range.
A facility designed to provide a confined space for safe target practice with firearms, archery
equipment, or other weapons.
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Shopping center.
A group of retail and service establishments clustered on a contiguous site, designed and built as a unit or organized as a unified and coordinated shopping area consisting of at least 50,000 square
feet of building area and/or one or more supermarkets, variety or department stores.
Shoreline Management Act, The SMA or Act.
Chapter 90.58 RCW, as amended.
Short Plat – Final.
The final drawing of the short subdivision and dedication, prepared for filing for record with
the Snohomish County auditor and containing all elements and requirements set for in this title and
chapter 58.17 RCW.
Short Plat – Preliminary.
(1) A neat and approximate drawing of a proposed short subdivision showing the general layout of
streets, alleys, lots, blocks, and other elements of a short subdivision required by this title and chapter
58.17 RCW.
(2) The preliminary short plat shall be the basis for the approval or disapproval of the general
layout of a short subdivision. Short Subdivision.
A division or redivision of land into nine or fewer lots, tracts, parcels, or sites for the purpose
of sale, lease or transfer of ownership. (RCW 58.17.020(6)).
Sign.
Any device, fixture, or placard that is visible from a public right-of-way or surrounding
properties and uses graphics, symbols, logos, or written copy conveying a message or image and used
to inform or attract the attention of the public, such as advertising or identifying an establishment,
product, goods, service or activity. A sign may have multiple faces and advertise multiple on-
premises establishments, businesses, products, services, or activities. This definition does not include
any flag of any country, state or local jurisdiction. Unless the context clearly provides to the contrary,
a “sign” as used in this chapter also includes the “sign structure.”
Sign face.
The portion of a sign which contains lettering, logo, trademark, or other graphic representations.
Sign maintenance.
Normal care needed to keep a sign functional, such as cleaning, painting, oiling, and changing
of light bulbs.
Sign repair.
Fixing or replacement of broken or worn parts. Replacement includes comparable materials
only.
Sign structure.
A structure specifically intended for supporting or containing a sign. This definition shall
include any decorative covers, braces, wires, supports, or components attached to or placed around
the sign structure.
Significant tree.
An existing healthy tree which, when measured four feet above grade, has a minimum diameter of: (1) Eight inches for evergreen trees; or
(2) Twelve inches for deciduous trees.
Single-family attached, dwelling unit.
A building containing not more than one dwelling unit attached at the side or sides in a series
of two or more principal buildings each containing not more than one dwelling unit. Each building
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containing one dwelling unit shall be structurally independent of adjacent buildings except that the
joints must be covered. Each dwelling shall have at least two private entrances with direct access to ground level. Each dwelling shall have a separate lot, or be so located on land in the same ownership
that individual lots meeting the minimum dimensional requirements of this title could be provided. The
term “attached dwelling” is intended to apply to townhouses, rowhouses, patio or atrium houses, or
any form of single-family dwelling units which conform to this definition.
Single-family detached, dwelling unit.
A detached building designed for and occupied exclusively by one family and the household
employees of that family, including manufactured homes.
Single-family residential building.
A dwelling containing only one dwelling unit.
Site plan.
A plan, to scale, showing uses and structures proposed for a parcel or parcels of land as required by
the regulations involved. It includes lot lines, streets, building sites, public and private open space,
sensitive areas, buildings, parking lots, required landscaping, major landscape features (both natural
and manmade) and, depending on requirements, the locations of proposed utilities. Such a site plan should accompany commercial and industrial building permits, conditional use permits, multiple-family or other uses that require review of parking, landscaping or other design features prior to permit
issuance.
Site plan review.
The process whereby local officials review the site plans or master plans to assure that they
meet the stated purposes and standards of the zone, provide for necessary public facilities such as
roads, and accomplish the goals of the city as stated in adopted comprehensive plans and
development regulations.
Slope.
An inclined earth surface, the inclination of which is expressed as the ratio of horizontal
distance to vertical distance.
Small farm, new.
The conversion of a property from a nonagricultural activity to one involved in the production of crops and/or livestock, as well as construction of agricultural structures and/or facilities.
Soil recycling/incineration facility.
An establishment engaged in the collection, storage and treatment of contaminated soils to
remove and reuse organic contaminants.
Special event sign.
See temporary and special event signs.
Specified anatomical areas.
Less than completely and/or opaquely covered human genitals, pubic region, buttock, or
female breast below a point immediately above the top of the areola, and human male genitals in a
discernibly turgid state, even if completely or opaquely covered.
Specified sexual activities.
Acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching
of human genitals, pubic region, buttock, or female breast; and human genitals in a state of sexual stimulation or arousal.
Sports club.
An establishment engaged in operating physical fitness facilities and sports and recreation
clubs.
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Stable.
A structure or facility in which horses or other livestock are kept for: (1) Boarding;
(2) Training;
(3) Riding lessons;
(4) Breeding;
(5) Rental; or
(6) Personal use.
Start of construction, (Floodplain management).
Includes substantial improvement, and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, placement or other improvement was
within 180 days of the permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the installation of piles,
the construction of columns or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation, such
as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers or foundations, or the erection of temporary
forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external dimensions of the building.
Streams.
Water contained within a channel, either perennial or intermittent, and classified according to
locally appropriate stream classification system based on WAC 222-16-030. Streams also include open
natural watercourses modified by man. Streams do not include irrigation ditches, waste ways, drains,
outfalls, operational spillways, channels, storm water runoff facilities or other wholly artificial
watercourses, except those that directly result from the modification to a natural watercourse.
Streams are further characterized as follows:
(1) Type S Stream. Those streams, within their ordinary high water mark, as inventoried as
“shorelines of the state” under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter
90.58 RCW.
(2) Type F Stream. Those stream segments within the ordinary high water mark that are not Type
S streams, and which are demonstrated or provisionally presumed to be used by salmonid fish. Stream segments which have a width of two feet or greater at the ordinary high water mark and have
a gradient of 16 percent or less for basins less than or equal to 50 acres in size, or have a gradient of
20 percent or less for basins greater than 50 acres in size are provisionally presumed to be used by
salmonid fish. A provisional presumption of salmonid fish use may be refuted at the discretion of the
community development director where any of the following conditions are met:
(a) It is demonstrated to the satisfaction of the city that the stream segment in question
is upstream of a complete, permanent, natural fish passage barrier, above which no stream section
exhibits perennial flow;
(b) It is demonstrated to the satisfaction of the city that the stream segment in question
has confirmed, long-term, naturally-occurring water quality parameters incapable of supporting
salmonid fish;
(c) Sufficient information about a geomorphic region is available to support a departure
from the characteristics described above for the presumption of salmonid fish use, as determined in
consultation with the Washington Department of Fish and Wildlife, the Department of Ecology, affected
tribes, or others;
(d) The Washington Department of Fish and Wildlife has issued a hydraulic project
approval pursuant to RCW 77.55.100 that includes a determination that the stream segment in question is not used by salmonid fish; (e) No salmonid fish are discovered in the stream segment in question during a stream
survey conducted according to the protocol provided in the Washington Forest Practices Board Manual,
Section 13, Guidelines for Determining Fish Use for the Purpose of Typing Waters under WAC 222-16-
031, provided no unnatural fish passage barriers have been present downstream of said stream
segment over a period of at least two years.
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(3) Type Np Stream. Those stream segments within the ordinary high water mark that are
perennial and are not Type S or Type F streams. However, for the purpose of classification, Type Np streams include the intermittent dry portions of the channel below the uppermost point of perennial
flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical
observations (see Washington Forest Practices Board Manual, Section 23), then said point shall be
determined by a qualified professional selected or approved by the city.
(4) Type Ns Stream. Those stream segments within the ordinary high water mark that are not
Type S, Type F, or Type Np streams. These include seasonal streams in which surface flow is not
present for at least some portion of a year of normal rainfall that are not located downstream from
any Type Np stream segment.
Street.
A public thoroughfare which affords the principal means of access to abutting properties.
Street banners – decorations.
Any street banners, decorations, and/or other similar items located in the city right-of-way.
Structural alterations.
Any change in load or stress of the loaded or stressed members of a building or structure. Structure.
A combination of materials constructed and erected permanently on the ground or attached to
something having a permanent location on the ground. Not included are residential fences less than
six feet in height, retaining walls, rockeries and similar improvements of a minor character less than
three feet in height.
Structure, (Floodplain management).
A walled and roofed building or mobile home that is principally above ground.
Subarea plan.
A general land use plan for a neighborhood or neighborhoods that is adopted pursuant to the
Growth Management Act (RCW 36.70A.030) as part of the city’s Growth Management Act
comprehensive plan. A subarea plan shows more detailed information for the neighborhoods and can
include adoption of development policies, design standards or development regulations specific to the
subarea. The subarea plan is processed in accordance with the procedures for comprehensive plan adoption and amendment.
Subdivision.
A division or redivision of land into ten or more lots, tracts, or parcels for the purpose of sale,
lease or transfer of ownership. (RCW 58.17.020)
Subdivision and short subdivision certificate.
A report by a title insurance company certifying the title of lands as described and shown on
the subdivision or short subdivision plat is in the name of the owners signing the final map or
declaration of ownership.
Subject property.
The site where an activity requiring a permit or approval under this code will occur.
Substantial damage, (Floodplain management).
Damage of any origin sustained by a structure whereby the cost of restoring the structure to
its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial improvement.
Any repair, reconstruction, structural modification, addition or improvement of a structure, the
cost of which equals or exceeds 50 percent of the market value of the structure either:
(1) Before the improvement or repair is started; or
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(2) If the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure. The term does not, however, include
either:
(a) Any project for improvement of a structure to comply with existing state or local
health, sanitary or safety code specifications which are solely necessary to assure safe living
conditions; or
(b) Any alteration of a structure listed on the National Register of Historic Places or a state
inventory of historic places.
Substantial improvement, (Floodplain management).
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds
50 percent of the market value of the structure either:
(1) Before the improvement or repair is started; or
(2) If the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition, “substantial improvement” is considered to occur when the first alteration
of any wall, ceiling, floor, or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions; or any alteration of a
“historic structure,” provided, that the alteration will not preclude the structure’s continued
designation as a “historic structure.”
(2) Any alteration of a structure listed on the National Register of Historic Places or a state
inventory of historic places.
Substrate.
The soil, sediment, decomposing organic matter or combination of those located on the
bottom surface of the wetland.
Suitable guarantee.
An acceptable guarantee to the city to ensure performance and/or warranty of improvements.
Swale.
A shallow drainage conveyance with relatively gentle side slopes, generally with flow depths
less than one foot.
Swamp.
A depressed area flooded most of the year to a depth greater than that of a marsh and
characterized by areas of open water amid soft, wetland masses vegetated with trees and shrubs.
Extensive grass vegetation is not characteristic.
22A.020.210 “T” Definitions
Taxi stands.
Establishments engaged in furnishing individual or small group transportation by motor
vehicle.
Temporary and special event signs.
A sign placed on a structure or the ground for a specifically limited period of time as provided in MMC 22C.160.230.
Temporary use permit.
A permit to allow a use of limited duration and/or frequency, or to allow multiple related
events over a specified period.
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Tenant space.
Portion of a structure occupied by a single commercial lease holder with its own public entrance from the exterior of the building or through a shared lobby, atrium, mall, or hallway and
separated from other tenant spaces by walls.
Tertiary habitat.
Habitat which, while supporting some wildlife or fish and performing other valuable functions,
does not currently possess essential characteristics necessary to support a diverse wildlife community.
Tertiary habitat also includes habitat which has been created purposefully by human actions to serve
other or multiple purposes, such as open space areas, and landscape amenities.
Threat to the community.
A tendency which constitutes a direct threat to the health or safety of other individuals or a
tendency which would result in substantial physical damage to the property of others. This term shall
be interpreted in accordance with the provisions of and judicial interpretations of the Federal Fair
Housing Act amendments, 43 USC Section 3604(f)(9), as the same exists or is hereafter amended.
Time and temperature sign.
An electronic message sign displaying solely the time and temperature. Top of the bank.
That point in the natural contour where there is a distinct, sharp break in slope for a minimum
of 50 running feet or greater which separates inclines at less than 25 percent from slopes equal to or
greater than 25 percent. Where no distinct break exists, the top of the top of the bank shall be the
uppermost limit of the area where the ground surface drops six feet and three inches or more
vertically within a horizontal distance of 25 feet.
Townhouse.
A one-family dwelling in a row of at least three such units in which each unit has its own front
and rear access to the outside, no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical common fire-resistant walls.
Tract.
See definition for “Lot.”
Transfer station.
A staffed collection and transportation facility used by private individuals and route collection
vehicles to deposit solid waste collected off-site into larger transfer vehicles for transport to
permanent disposal sites; and may also include recycling facilities involving collection or processing for
shipment.
Transit bus base.
An establishment for the storage, dispatch, repair and maintenance of coaches, light rail
trains, and other vehicles of a public transit system.
Transit park and pool lot.
A parking area comprised of 50 or fewer parking spaces located in an existing parking lot
serving an existing land use, and usage of the lot for transit is limited to the weekday hours between
5:00 a.m. and 8:00 p.m. daily.
Transit park and ride lot.
Vehicle parking specifically for the purpose of access to a public transit system. Transitional housing facilities.
Housing units owned by public housing authorities, nonprofit organizations or other public
interest groups that provide housing to persons on a temporary basis for a duration not to exceed 24
months in conjunction with job training, self sufficiency training, and human services counseling; the
purpose of which is to help persons make the transition from homelessness to placement in
permanent housing.
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22A.020.220 “U” Definitions
Unified Development Code, or UDC
City of Marysville Unified Development Code (UDC), MMC Title 22.
Use.
An activity or function carried out on an area of land, or in a building or structure located
thereon. Any use comprising the sole or main use on the site is considered the primary use of the site.
Any use subordinate or incidental to the primary use on a site is considered an accessory use.
Utility facility.
A facility for the distribution or transmission of services to an area; requiring location in the
area to be served; including, but not limited to:
(1) Telephone exchanges;
(2) Water pumping or treatment stations;
(3) Electrical switching substations;
(4) Water storage reservoirs or tanks;
(5) Municipal groundwater well-fields; (6) Regional stormwater management facilities; (7) Natural gas gate stations and limiting stations;
(8) Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots
or uses from which fuel is distributed directly to individual users; and
(9) Sewer lift stations.
22A.020.230 “V” Definitions
Variance.
The means by which an adjustment is made in the application of the specific regulations of this
title to a particular piece of property, which property, because of special circumstances applicable to it,
is deprived of privileges commonly enjoyed by other properties in the same zone or vicinity and which
adjustment remedies disparity in privileges. A variance is a form of special exception.
Vested.
The right to development or continue development in accordance with the laws, rules, and other regulations in effect at the time vesting is achieved.
Veterinary clinic.
A building or premises for the medical or surgical treatment of animals or pets, including dog,
cat and veterinary hospitals, including the boarding of hospitalized animals.
22A.020.240 “W” Definitions
WAC
Washington Administrative Code
Wall sign.
Any sign attached to or painted on the wall of a building or structure in a plane parallel or
approximately parallel to the plane of said wall.
Warehousing and wholesale trade.
Establishments involved in the storage and/or sale of bulk goods for resale or assembly, excluding establishments offering the sale of bulk goods to the general public which is classified as a retail use.
Wastewater treatment facility.
A plant for collection, decontamination and disposal of sewage, including residential, industrial
and commercial liquid wastes, and including any physical improvement within the scope of the
definition of “water pollution control facility” set forth in WAC 173-90-015(4) as amended.
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Water dependent, (Floodplain management). A structure for commerce or industry which cannot exist in any other location and is
dependent on the water by reason of the intrinsic nature of its operations.
WCF height.
The height of the antenna support structure shall be measured from the natural undisturbed
ground surface below the center of the base of the tower to the top of the tower or, if higher, to the
top of the highest antenna or piece of equipment attached thereto.
WCF equipment facility.
Any structure used to contain ancillary equipment for a WCF which includes base stations,
cabinets, shelters, a buildout of an existing structure, pedestals and other similar structures.
Wetland or wetlands.
Areas that are inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape
amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result
of the construction of a road, street, or highway. Wetlands may include those artificial wetlands
intentionally created from nonwetland areas to mitigate the conversion of wetlands.
Wetlands area maps.
The wetlands areas maps prepared for Snohomish County Tomorrow, July, 1991, and
associated reports. The maps are adopted by the city of Marysville and indicate the potential presence
of wetlands.
Wetland, artificially created.
Wetlands created through purposeful human action from nonwetland sites, such as irrigation
and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities,
farm ponds, and landscape amenities.
Wetland buffer area.
An unnaturally vegetated and undisturbed, enhanced or revegetated zone surrounding a
natural, restored or newly created wetland that is an integral part of a wetland ecosystem, and
protects a wetland from adverse impacts to the integrity and value of a wetland. Wetland buffers
serve to moderate runoff volume and flow rates; reduce sediment, chemical, nutrient and toxic
pollutants; provide shading to maintain desirable water temperatures; provide habitat for wildlife; and
protect wetland resources from harmful intrusion.
Wetland class.
The U.S. Fish and Wildlife Service wetland classification scheme uses a hierarchy of systems,
subsystems, classes and subclasses to describe wetland categories (refer to USFWS, December 1979,
Classification of Wetlands and Deep Water Habitats of the United States for a complete explanation of
the wetland classification scheme). Eleven class names are used to describe wetland and deep water
habitat types. These include forested wetland, scrub-shrub wetland, emergent wetland, moss-lichen
wetland, unconsolidated shore, aquatic bed, unconsolidated bottom, rock bottom, rocky shore, stream
bed, and reef.
Wetland creation. The producing or forming of a wetland through artificial means from an upland (dry) site.
Wetland delineation.
A technical procedure performed by a wetland specialist to determine the area of a wetland,
ascertaining the wetland’s classification, function, and value, and to define the boundary between a
wetland and adjacent uplands. Delineations shall be performed by a wetland specialist according to
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the Washington State Wetlands Identification and Delineation Manual (for Western Washington) as
prepared by the Washington State Department of Ecology, adopted under RCW 36.70A.175 pursuant to RCW 90.58.380.
Wetland determination.
A report prepared by a qualified consultant that identifies, characterizes and analyzes potential
impacts to wetlands consistent with applicable provisions of these regulations. A determination does
not include a formal delineation.
Wetland enhancement.
The improvement of an existing viable wetland or buffer, such as by increasing plant diversity,
increasing wildlife habitat, installing environmentally compatible erosion controls, or removing
nonindigenous plant or animal species.
Wetland, in-kind mitigation.
Replacement of wetlands with substitute wetlands whose characteristics closely approximate
those destroyed or degraded by a regulated activity.
Wetland, low impact use. Land uses which are typically associated with relatively low levels of human activity, disturbance or development and low wetland habitat impacts. Low intensity land uses may include,
but are not limited to, passive recreation, open space, or agricultural land uses that do not create a
significant potential for wetlands impacts.
Wetland mitigation.
“Wetland mitigation” includes:
(1) Avoiding the impact altogether by not taking a certain action or parts of actions.
(2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation.
(3) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
(4) Reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the action.
(5) Compensating for the impact by replacing or providing substitute resources or environments.
While monitoring without additional actions is not considered mitigation for the purposes of these
regulations, it may be part of a comprehensive mitigation program.
Wetland, out-of-kind mitigation.
Replacement of wetlands with substitute wetlands whose characteristics do not closely
approximate those destroyed or degraded by a regulated activity.
Wetland, regulated activity.
An activity occurring in, near, or potentially affecting a wetland or wetland buffer that are
subject to the provisions of this title. Regulated activities generally include but are not limited to any
filling, dredging, dumping or stockpiling, draining, excavation, flooding, construction or reconstruction,
driving pilings, obstructing, shading, clearing or harvesting.
Wetland restoration.
The re-establishment of a viable wetland from a previously filled or degraded wetland site.
Wetland, structural diversity.
The relative degree of diversity or complexity of vegetation in a habitat area as indicated by
the stratification or layering of different plant communities (e.g., groundcover, shrub layer and tree
canopy); the variety of plant species; and the spacing or pattern of vegetation. Wildlife habitat.
Areas that provide food, protective cover, nesting, breeding or movement for fish and wildlife
and with which individual species have a primary association. “Wildlife habitat” also includes naturally
occurring ponds larger than 1.5 acres and smaller than 20 acres in area that are a minimum of six feet
deep to the extent that such pond(s) otherwise meet(s) the definition of wildlife habitat.
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Wildlife habitat enhancement.
The improvement of existing habitat such as by increasing plant density or structural diversity, or by removing nonindigenous or noxious species.
Wildlife report.
A report, prepared by a qualified consultant, that evaluates plant communities and wildlife
functions and values on a site, consistent with the format and requirements established by this title.
Wildlife shelter.
A facility for the temporary housing of sick or wounded or displaced wildlife.
Window sign.
Any sign viewable through and/or affixed in any manner to a window or exterior glass door
such that it is intended to be viewable from the exterior, including signs located inside a building but
visible primarily from the outside of the building.
Wireless communications.
Any personal wireless service, which includes, but is not limited to, cellular, personal
communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing devices described in Part 15 of the FCC rules and regulations, e.g., wireless Internet services and paging.
Wireless communication facility, or WCF.
Any manned or unmanned location for the transmission and/or reception of radio frequency
signals, or other wireless communications, and usually consisting of an antenna or group of antennas,
feed lines, and base station, and may include an antenna support structure. The following
developments shall be deemed included in the general definition of a WCF: developments containing
new, consolidated, or existing antenna support structures, public antenna support structures, and co-
location on existing antenna support structures, co-location onto existing utility pole or cross-country
electrical distribution tower, attached antennas or antenna arrays, base stations and feed lines
whether concealed or nonconcealed. Included in this definition are: noncommercial amateur radio,
amateur ham radio and citizen band antennas, satellite earth stations and antenna support structures,
and antennas and/or antenna arrays for AM/FM/TV/HDTV broadcasting WCFs.
Wireless right-of-way use agreement, or WROWA. The initial authorization, or renewal of an agreement to construct in, under, over (if permitted
by city regulations), or across public ways of the city and to also provide wireless telecommunications
service to persons or areas in the city.
WSDOT.
Washington State Department of Transportation (WSDOT).
22A.020.250 “X” Definitions
Xeriscape.
A landscaping method developed especially for arid or semiarid climates that utilizes water-
conserving techniques (as the use of drought-tolerant plants, mulch, and efficient irrigation).
22A.020.260 “Y” Definitions
Yard. An open space in front, rear or side of the same lot with a building or proposed building.
Yard waste processing facility.
A facility where yard and garden wastes, including wood and land clearing debris, are
processed into new products, which include but are not limited to soil amendments and wood chips.
This definition does not include individual household composting.
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22A.020.270 “Z” Definitions
Zero Lot Line Development.
Zero lot line development allows single-family residences, sharing a common street frontage,
to shift to one side of a lot. This means that the same side of each lot may have a zero or reduced
setback.
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Title 22A-55
Chapter 22A.030 ZONES, MAPS AND DESIGNATIONS
Sections:
22A.030.010 Intent. ......................................................................................55
22A.030.020 Zones and map designations established. ......................................55
22A.030.030 Zoning maps and boundaries. ......................................................55
22A.030.040 Zone and map designation purpose. .............................................56
22A.030.050 Residential zone. ........................................................................56
22A.030.060 Neighborhood business zone. .......................................................56
22A.030.070 Community business zone. ..........................................................57
22A.030.080 General commercial zone. ...........................................................57
22A.030.090 Downtown commercial zone. ........................................................57
22A.030.100 Mixed use zone. .........................................................................57
22A.030.110 Light industrial zone....................................................................58
22A.030.120 General industrial zone. ...............................................................58
22A.030.130 Business park zone. ....................................................................58
22A.030.140 Recreation zone. ........................................................................58
22A.030.150 Public/institutional zone. .............................................................58
22A.030.160 Whiskey Ridge. ..........................................................................59 22A.030.170 Small farms overlay zone. ...........................................................59 22A.030.180 Adult facilities overlay zone..........................................................59
22A.030.010 Intent.
The purpose of this chapter and Title 22C is to establish districts wherein compatible uses of
land may be located and grouped to create, protect or maintain a living environment for the citizens of
Marysville. Three broad categories of uses are established, residential, commercial and industrial, and
it is the intent of this chapter and Title 22C to stabilize and protect the uses contained within these
districts. An effort will be made to exclude mutually interfering uses, and in particular, to promote
residential harmony with surrounding areas of the community.
It is also the purpose of the classifications in this chapter and Title 22C to make it possible to
more efficiently and economically design and install all physical public service facilities in terms of size
and capacity to adequately and permanently meet needs resulting from a defined intensity of land use
and to provide for the health, safety, morals, prosperity and well-being of the community at large.
22A.030.020 Zones and map designations established. In order to accomplish the purposes of this title, the following zoning designations and zoning
map symbols are established:
ZONING DESIGNATIONS MAP SYMBOL
Residential R (base density in dwellings per acre)
Residential Mobile Home Park 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
Whiskey Ridge WR (suffix to zone’s map symbol)
Small Farms Overlay SF (suffix to zone’s map symbol)
Adult Facilities AF (suffix to zone’s map symbol)
Property-specific development standards P (suffix to zone’s map symbol)
22A.030.030 Zoning maps and boundaries. The locations and boundaries of the zoning districts shall be as shown on the map entitled
“Official Zoning Map, Marysville, Washington.” The map shall be prepared by the Marysville planning commission after conducting hearings on zoning of the city to implement the city’s comprehensive
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plan and this title. The official zoning map and all the notations, references, amendments thereto and
other information shall, upon completion, be made a part of this title, just as if such information set forth on the map was fully described and set out herein. The official zoning map attested by the
signature of the mayor and the city clerk, with the seal of the municipality affixed, shall be kept on file
in the office of the city clerk, and shall be available for inspection by the public.
22A.030.040 Zone and map designation purpose.
The purpose statements for each zone and map designation set forth in the following sections
shall be used to guide the application of the zones and designations to all lands in the city of
Marysville. The purpose statements also shall guide interpretation and application of land use
regulations within the zones and designations, and any changes to the range of permitted uses within
each zone through amendments to this title.
22A.030.050 Residential zone.
(1) The purpose of the residential zone (R) is to implement comprehensive plan goals and policies
for housing quality, diversity and affordability, and to efficiently use residential land, public services
and energy. These purposes are accomplished by:
(a) Providing, in the R-4.5, R-6.5, and R-8 zones, for a mix of predominantly single
detached dwelling units and other development types, with a variety of densities and sizes in locations appropriate for urban densities; (b) Providing, in the R-12, R-18, and R-28 zones, for a mix of predominantly apartment
and townhome dwelling units and other development types, with a variety of densities and sizes in
locations appropriate for urban densities;
(c) Providing and preserving high density, affordable detached single-family and senior
housing, in the R-MHP zone. 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.
(d) Allowing only those accessory and complementary nonresidential uses that are
compatible with residential communities; and
(e) Establishing density designations to facilitate advanced area-wide planning for public
facilities and services, and to protect environmentally sensitive sites from overdevelopment.
(2) Use of this zone is appropriate in residential areas designated by the comprehensive plan as
follows:
(a) Urban lands that are served at the time of development, by adequate public sewers,
water supply, roads and other needed public facilities and services; and (b) The corresponding comprehensive plan designations are as follows:
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
22A.030.060 Neighborhood business zone.
(1) The purpose of the neighborhood business zone (NB) is to provide convenient daily retail and
personal services for a limited service area and to minimize impacts of commercial activities on nearby properties. These purposes are accomplished by: (a) Limiting nonresidential uses to those retail or personal services which can serve the
everyday needs of a surrounding residential area;
(b) Allowing for a mix of housing and retail/service uses; and
(c) Excluding industrial and community/regional business-scaled uses.
(2) Use of this zone is appropriate in neighborhood centers designated by the comprehensive plan
which are served at the time of development by adequate public sewers, water supply, roads and
other needed public facilities and services.
Marysville Municipal Code Title 22 UDC
Title 22A-57
22A.030.070 Community business zone.
(1) The purpose of the community business zone (CB) is to provide convenience and comparison retail and personal services for local service areas which exceed the daily convenience needs of
adjacent neighborhoods but which cannot be served conveniently by larger activity centers, and to
provide retail and personal services in locations within activity centers that are not appropriate for
extensive outdoor storage or auto-related and industrial uses. These purposes are accomplished by:
(a) Providing for limited small-scale offices as well as a wider range of the retail,
professional, governmental and personal services than are found in neighborhood business areas;
(b) Allowing for a mix of housing and retail/service uses; and
(c) Excluding commercial uses with extensive outdoor storage or fabrication and industrial
uses.
(2) Use of this zone is appropriate in community commercial areas that are designated by the
comprehensive plan and are served at the time of development by adequate public sewers, water
supply, roads and other needed public facilities and services.
22A.030.080 General commercial zone.
(1) The purpose of the general commercial zone (GC) is to provide for the broadest mix of
commercial, wholesale, service and recreation/cultural uses with compatible storage and fabrication
uses, serving regional market areas and offering significant employment. These purposes are accomplished by: (a) Encouraging compact development that is supportive of transit and pedestrian travel,
through higher nonresidential building heights and floor area ratios than those found in CB zoned
areas;
(b) Allowing for outdoor sales and storage, regional shopping areas and limited fabrication
uses; and
(c) Concentrating large-scale commercial and office uses to facilitate the efficient
provision of public facilities and services.
(2) Use of this zone is appropriate in general commercial areas that are designated by the
comprehensive plan that are served at the time of development by adequate public sewers, water
supply, roads and other needed public facilities and services.
22A.030.090 Downtown commercial zone.
(1) The purpose of the downtown commercial zone (DC) is to provide for the broadest mix of
comparison retail, service and recreation/cultural uses with higher density residential uses, serving
regional market areas and offering significant employment. These purposes are accomplished by: (a) Encouraging compact development that is supportive of transit and pedestrian travel,
through higher nonresidential building heights and floor area ratios than those found in GC zoned
areas;
(b) Allowing for regional shopping areas, and limited fabrication uses; and
(c) Concentrating large-scale commercial and office uses to facilitate the efficient
provision of public facilities and services.
Use of this zone is appropriate in downtown commercial areas that are designated by the
comprehensive plan that are served at the time of development by adequate public sewers, water
supply, roads and other needed public facilities and services.
22A.030.100 Mixed use zone.
(1) The purpose of the mixed use zone (MU) is to provide for pedestrian and transit-oriented high-
density employment uses together with limited complementary retail and higher density residential
development in locations within activity centers where the full range of commercial activities is not
desirable. These purposes are accomplished by:
(a) Allowing for uses that will take advantage of pedestrian-oriented site and street
improvement standards; (b) Providing for higher building heights and floor area ratios than those found in the CB zone;
(c) Reducing the ratio of required parking to building floor area;
(d) Allowing for on-site convenient daily retail and personal services for employees and
residents; and
(e) Minimizing auto-oriented, outdoor or other retail sales and services which do not
provide for the daily convenience needs of on-site and nearby employees or residents.
Marysville Municipal Code Title 22 UDC
Title 22A-58
(2) Use of this zone is appropriate in areas designated by the comprehensive plan for mixed use,
or mixed use overlay, which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
22A.030.110 Light industrial zone.
(1) The purpose of the light industrial zone (LI) is to provide for the location and grouping of non-
nuisance-generating industrial enterprises and activities involving manufacturing, assembly,
fabrication, processing, bulk handling and storage, research facilities, warehousing and limited retail
uses. It is also a purpose of this zone to protect the industrial land base for industrial economic
development and employment opportunities. These purposes are accomplished by:
(a) Allowing for a wide range of industrial and manufacturing uses;
(b) Establishing appropriate development standards and public review procedures for
industrial activities with the greatest potential for adverse impacts; and
(c) Limiting residential, institutional, service, office and other nonindustrial uses to those
necessary to directly support industrial activities.
(2) Use of this zone is appropriate in light industrial areas designated by the comprehensive plan
which are served at the time of development by adequate public sewers, water supply, roads and
other needed public facilities and services.
22A.030.120 General industrial zone. (1) The purpose of the general industrial zone (GI) is to provide for the location and grouping of
industrial enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk
handling and storage, research facilities, warehousing and heavy trucking and equipment but also for
commercial uses having special impacts and regulated by other chapters of this title. It is also a
purpose of this zone to protect the industrial land base for industrial economic development and
employment opportunities. These purposes are accomplished by:
(a) Allowing for a wide range of industrial and manufacturing uses;
(b) Establishing appropriate development standards and public review procedures for
industrial activities with the greatest potential for adverse impacts; and
(c) Limiting residential, institutional, service, office and other nonindustrial uses to those
necessary to directly support industrial activities.
(2) Use of this zone is appropriate in general industrial areas designated by the comprehensive
plan which are served at the time of development by adequate public sewers, water supply, roads and
other needed public facilities and services.
22A.030.130 Business park zone.
(1) The purpose of the business park zone (BP) is to provide for those business/industrial uses of
a professional office, wholesale, and manufacturing nature which are capable of being constructed,
maintained and operated in a manner uniquely designed to be compatible with adjoining residential,
retail commercial or other less intensive land uses, existing or planned. Strict zoning controls must be
applied in conjunction with private covenants and unified control of land; many business/industrial
uses otherwise provided for in the development code will not be suited to the BP zone due to an
inability to comply with its provisions and achieve compatibility with surrounding uses.
(2) Use of this zone is appropriate in business park areas designated by the comprehensive plan
which are served at the time of development by adequate public sewers, water supply, roads and
other needed public facilities and services.
22A.030.140 Recreation zone.
(1) The purpose of the recreation zone (REC) is to establish areas appropriate for public and
private recreational uses. Recreation would permit passive as well as active recreational uses such as
sports fields, ball courts, golf courses, and waterfront recreation, but not hunting. This zone would
also permit some resource land uses related to agriculture and fish and wildlife management. (2) This recreation zone is applied to all land designated as “Recreation” on the comprehensive plan map.
22A.030.150 Public/institutional zone.
(1) The purpose of the public/institutional (P/I) land use zone is to establish a zone for
governmental buildings, churches and public facilities.
Marysville Municipal Code Title 22 UDC
Title 22A-59
(2) This public/institutional zone is applied to all land designated as “public/institutional” on the
comprehensive plan map.
22A.030.160 Whiskey Ridge.
The purpose of the whiskey ridge overlay zone (WR suffix to zone’s map symbol) is to create
an urban community that provides an attractive gateway into Marysville and becomes a prototype for
developing neighborhoods within the City. The WR suffix identifies those areas required to comply
with the East Sunnyside/Whiskey Ridge Design Standards and Guidelines, and Streetscape Design
Plan.
22A.030.170 Small farms overlay zone.
(1) The purpose of the small farms overlay zone (SF suffix to zone’s map symbol) is to provide a
process for registering small farms, thereby applying the small farms overlaying zone and recording
official recognition of the existence of the small farm, and to provide encouragement, for the
preservation of such farms, as well as encouraging good neighbor relations between single-family and
adjacent development.
(2) Use of this zone is appropriate for existing and newly designated small farms.
22A.030.180 Adult facilities overlay zone. The purpose of establishing the adult facilities overlay zone (AF suffix to zone’s map symbol) is to permit the location of adult facilities in an area of the city which will reduce the secondary effects of
such an establishment on the community. The performance criteria included in this zone are intended
to control external as well as internal impacts of the development and bulk and special limitations in
other chapters of the zoning code are superseded by the provisions of this chapter. It is the further
purpose of this zone to prevent the location of adult facilities throughout the city by consolidating
them in one area. Because of the unique character of this zone, and its potential to disrupt preexisting
residential and commercial development in the community, the city will only consider classifying
property in this zone if such property is designated on the comprehensive plan as general industrial
and is suitable for adult facilities.
Marysville Municipal Code Title 22 UDC
Title 22A-60
Chapter 22A.040 TRANSITION TO TITLE 22 UNIFIED DEVELOPMENT CODE
Sections:
22A.040.010 Purpose .....................................................................................60
22A.040.020 General Rules of Interpretation ....................................................60
22A.040.030 Existing Project Permit Applications ..............................................60
22A.040.010 Purpose
The City of Marysville recognizes that various zoning applications were submitted or approved
prior to the effective date of Title 22 MMC. This chapter addresses the status of these applications, and
how the adoption of Title 22 MMC affects them.
22A.040.020 General Rules of Interpretation
Except as otherwise provided, all permits and land use approvals lawfully issued pursuant to
repealed provisions of Title 15, 19 or 20 MMC no longer applicable to the property shall remain in full
force and effect for two years from the effective date of repeal or zoning reclassification or until the
expiration date of the respective permit or approval if the date is less than two years from the
effective date of repeal or zoning reclassification.
All conditions associated with a project permit related mitigated determination of non-significance (MDNS) issued pursuant to the Washington State Environmental Policy Act (SEPA) remain in effect in all cases unless the MDNS is amended.
22A.040.030 Existing Project Permit Applications
Project permit applications granted under Title 15, 19 or 20 MMC shall remain in effect until
the date specified in the decision or as specified in Title 15, 19 or 20 MMC. If no expiration date is
specified, the approval shall remain in effect for two years from the effective date of Title 22 MMC for
the property. When Title 22 MMC goes into effect, the property may, at the election of the property
owner, be developed pursuant to either the existing approval or Title 22 MMC. When the approval
expires the property shall be regulated solely by the requirements of Title 22 MMC.
Marysville Municipal Code Title 22 UDC
Title 22B-1
Title 22B
COMPREHENSIVE PLAN AND
SUB-AREA PLANS
Chapter 22B.010 COMPREHENSIVE PLAN ................................................................ 2
Chapter 22B.020 SUB-AREA SPECIFIC PLANS .......................................................... 4
Marysville Municipal Code Title 22 UDC
Title 22B-2
Chapter 22B.010 COMPREHENSIVE PLAN
Sections:
22B.010.010 Comprehensive plan – Preparation. ................................................ 2
22B.010.020 Notice and hearing. ..................................................................... 2
22B.010.030 Recommendation to city council. ................................................... 3
22B.010.040 Action by city council. .................................................................. 3
22B.010.050 Effect of comprehensive plan. ....................................................... 3
22B.010.010 Comprehensive plan – Preparation.
(1) The city shall have a comprehensive plan for anticipating and influencing the orderly and
coordinated development of land and building uses of the city and its environs. The plan may consist
of a map or maps, diagrams, charts, reports and descriptive and explanatory text or other devices and
materials to express, explain or depict the elements of the plan. It shall include a recommended plan,
scheme or design for each of the following elements:
(a) A land-use element that designates the proposed general distribution, general location
and extent of the uses of land. These uses may include, but are not limited to, agricultural, residential,
commercial, industrial, recreational, educational, public and other categories of public and private uses
of land. The land-use elements shall also include estimates of future population growth in, and statements of recommended standards of population density and building intensity for, the area covered by the comprehensive plan;
(b) A circulation element consisting of the general location, alignment, and extent of
existing and proposed major thoroughfares, major transportation routes, and major terminal facilities,
all of which shall be correlated with the land-use element of the comprehensive plan.
(2) The comprehensive plan may also include any or all of the following optional elements:
(a) A conservation element for the conservation, development and utilization of natural
resources;
(b) An open-space, park and recreation element;
(c) A transportation element, showing a comprehensive system of surface, air and water
transportation routes and facilities;
(d) A public-use element, showing general locations, designs and arrangements of public
buildings and uses;
(e) A public-utilities element, showing general plans for public and franchised services and
facilities;
(f) A redevelopment or renewal element, showing plans for the redevelopment or renewal of slum and blighted areas;
(g) An urban-design element for general organization of the physical parts of the urban
landscape;
(h) Other elements dealing with subjects that, in the opinion of the city council, relate to
the development of the city, or are essential or desirable to coordinate public services or programs
with such development;
(i) A solar-energy element, for encouragement and protection of access to direct sunlight
for solar energy systems.
22B.010.020 Notice and hearing.
(1) The planning commission shall hold at least one public hearing on the comprehensive plan and
any proposed amendments or supplements thereto. Notice of the time, place and purpose of such
public hearings shall be, at a minimum, as follows:
(a) One publication in the official newspaper of the city at least 10 days prior to the
hearing;
(b) Posting of copies of the notice of hearing at Marysville City Hall, at the United States
Post Office in the city, and in at least one additional location with public exposure, at least 10 days prior to the date of the hearing. (2) Continued hearings may be held at the discretion of the planning commission, but no
additional notices need be published or posted.
Marysville Municipal Code Title 22 UDC
Title 22B-3
22B.010.030 Recommendation to city council.
Upon completion of the hearing or hearings on the comprehensive plan, or amendments thereto, the planning commission shall transmit a copy of its recommendations thereon to the city
council for final action.
22B.010.040 Action by city council.
Within 60 days from its receipt of the recommendations of the planning commission, the city
council shall consider the proposed comprehensive plan, or amendment thereto, at a public meeting.
The city council shall vote to approve or disapprove or to modify and approve, as modified, the
comprehensive plan, or the proposed amendment thereto, or the city council may refer the matter
back to the planning commission for further proceedings, directing the commission to make a new
recommendation within a specified time. The final form and content of the comprehensive plan, and all
amendments thereto, shall be determined by the city council. An affirmative vote of not less than a
majority of the total members of the city council shall be required for adoption of a resolution to
approve the comprehensive plan, or any amendment thereto. The comprehensive plan, and all
amendments thereto, as approved by the city council, shall be filed with the city clerk and shall be
available for public inspection.
22B.010.050 Effect of comprehensive plan. (1) From the date of approval by the city council, the comprehensive plan, its parts and modifications thereof, shall serve as a basic source of reference for future legislative and
administrative action. Provided, that the comprehensive plan shall not be construed as a regulation of
property rights or land uses; provided further, that no procedural irregularity or informality in the
consideration, hearing and development of the comprehensive plan or a part thereof, or any of its
elements, shall affect the validity of any zoning ordinance or amendment thereto enacted by the city
after approval of the comprehensive plan.
(2) The comprehensive plan shall be consulted as a preliminary to the establishment,
improvement, abandonment or vacation of any street, park, public way, public building or public
structure, and no dedication of any street or other area for public use shall be accepted by the city
until the location, character, extent and effect thereof shall have been considered with reference to
the comprehensive plan.
Marysville Municipal Code Title 22 UDC
Title 22B-4
Chapter 22B.020 SUB-AREA SPECIFIC PLANS
Section:
22B.020.010 Sub-Area Specific Plans. ............................................................... 4
22B.020.010 Sub-Area Specific Plans.
Neighborhood design plans, neighborhood specific plans and other subarea plans provide
detail to the City’s comprehensive plan. Upon adoption by city council they amend and become part
of the comprehensive plan. Any subarea specific plan so adopted supersedes and replaces any
conflicting previous plans, whether general or specific.
Marysville Municipal Code Title 22 UDC
Title 22C-1
Title 22C
LAND USE STANDARDS
Chapter 22C.010 RESIDENTIAL ZONES ................................................................... 2
Chapter 22C.020 COMMERCIAL, INDUSTRIAL, RECREATION AND PUBLIC
INSTITUTIONAL ZONES ...............................................................29
Chapter 22C.030 ADULT FACILITIES OVERLAY ZONE ...............................................54
Chapter 22C.040 MIXED USE – SPECIAL DISTRICT ..................................................57
Chapter 22C.050 SMALL FARMS OVERLAY ZONE .....................................................59
Chapter 22C.060 SMOKEY POINT MASTER PLAN AREA – DESIGN REQUIREMENTS .......63
Chapter 22C.070 EAST SUNNYSIDE/WHISKEY RIDGE MASTER PLAN AREA – DESIGN
REQUIREMENTS .........................................................................65
Chapter 22C.080 DOWNTOWN MASTER PLAN AREA – DESIGN REQUIREMENTS ..........67
Chapter 22C.090 RESIDENTIAL DENSITY INCENTIVES .............................................68
Chapter 22C.100 NONCONFORMING SITUATIONS ...................................................73
Chapter 22C.110 TEMPORARY USES ......................................................................75
Chapter 22C.120 LANDSCAPING AND SCREENING ...................................................79
Chapter 22C.130 PARKING AND LOADING ..............................................................89
Chapter 22C.140 DRIVE-THROUGH FACILITIES ..................................................... 101
Chapter 22C.150 ELECTRIC VEHICLE INFRASTRUCTURE AND BATTERIES ................. 103
Chapter 22C.160 SIGNS ..................................................................................... 113
Chapter 22C.170 MINI-STORAGE FACILITIES ....................................................... 129
Chapter 22C.180 ACCESSORY STRUCTURES ......................................................... 130
Chapter 22C.190 HOME OCCUPATIONS ................................................................ 133
Chapter 22C.200 DAY CARE STANDARDS. ............................................................ 135
Chapter 22C.210 BED AND BREAKFASTS .............................................................. 136
Chapter 22C.220 MASTER PLANNED SENIOR COMMUNITIES ................................... 137
Chapter 22C.230 MOBILE HOME PARKS ............................................................... 144
Chapter 22C.240 RECREATIONAL VEHICLE PARKS ................................................. 152
Chapter 22C.250 WIRELESS COMMUNICATION FACILITIES .................................... 156
Chapter 22C.260 LOW IMPACT DEVELOPMENT ...................................................... 164
Marysville Municipal Code Title 22 UDC
Title 22C-2
Chapter 22C.010 RESIDENTIAL ZONES
Sections:
22C.010.010 Purpose ...................................................................................... 2
22C.010.020 List of the Residential Zones ......................................................... 3
22C.010.030 Characteristics of Residential Zones ............................................... 3
22C.010.040 Additional Zoning Standards ......................................................... 4
22C.010.050 Residential Zone Primary Uses ...................................................... 4
22C.010.060 Permitted Uses ............................................................................ 4
22C.010.070 Permitted Uses - Development Conditions ...................................... 7
22C.010.080 Densities and Dimensions. ............................................................ 9
22C.010.090 Densities and Dimensions – Development Conditions. .....................10
22C.010.100 Measurement methods. ...............................................................11
22C.010.110 Calculations – Allowable dwelling units. .........................................12
22C.010.120 Calculations – Site area used for density calculations. .....................12
22C.010.130 Lot area – Prohibited reduction. ....................................................12
22C.010.140 Minimum lot area for construction. ...............................................12
22C.010.150 Setbacks – Specific building or use. ..............................................12
22C.010.160 Setbacks – Modifications. ............................................................12 22C.010.170 Setbacks – From regional utility corridors. .....................................12 22C.010.180 Setbacks – From private roads or access easements. ......................13
22C.010.190 Setbacks – From alleys. ..............................................................13
22C.010.200 Setbacks – Adjoining half-street or designated arterial. ...................13
22C.010.210 Setbacks – Projections allowed. ....................................................13
22C.010.220 Height – Exceptions to limits. .......................................................13
22C.010.230 Lot divided by zone boundary. .....................................................13
22C.010.240 Sight distance requirements.........................................................14
22C.010.250 Nonresidential land uses in residential zones. .................................14
22C.010.250 Residential Design Requirements - Purpose ...................................14
22C.010.260 Residential Design Requirements – Applicability and interpretations. .14
22C.010.270 Zero lot line development. ...........................................................15
22C.010.280 Cottage housing developments. ....................................................16
22C.010.290 Site and building design standards. ...............................................18
22C.010.300 Commercial, multiple-family, townhome, and group residences –
Vehicular access and parking location. ..........................................22 22C.010.310 Small lot single-family dwelling development standards. .................22
22C.010.320 On-site recreation – Space required. .............................................23
22C.010.330 On-site recreation – Play areas required. .......................................24
22C.010.340 On-site recreation – Maintenance of recreation space or dedication...24
22C.010.350 On-site recreation – Fee in-lieu of recreation space. ........................24
22C.010.360 On-site recreation – Acceptance criteria for fee in-lieu of recreation
space. .......................................................................................24
22C.010.370 Storage space and collection points for recyclables. ........................24
22C.010.380 Fences ......................................................................................25
22C.010.390 Special limitations in the R-12-28 zones. .......................................27
22C.010.400 Duplex performance and design standards. ....................................27
22C.010.410 Nonconforming Situations ............................................................27
22C.010.420 Parking and Loading ...................................................................27
22C.010.430 Signs ........................................................................................28
22C.010.440 Landscaping and Screening ..........................................................28
22C.010.450 Planned Residential Developments ................................................28
22C.010.010 Purpose The residential zones implement the single-family and higher density residential goals and policies and
land use plan map designations of the comprehensive plan. They are intended to preserve land for
housing and to provide housing opportunities for individual households. The zones are distinguished
by the uses allowed and the intensity of development allowed. The differences in the zoning categories
reflect the diversity of residential areas in the City. The limits on the intensity of uses and the
development standards promote the desired character for the residential area. The standards are
Marysville Municipal Code Title 22 UDC
Title 22C-3
intended to provide certainty to property owners, developers and neighbors of what is allowed in the
various categories.
22C.010.020 List of the Residential Zones
The full names, short names and map symbols of the single-family and higher density residential
zones are listed below.
Full Name Short Name/Map Symbol
Medium density single-family R-4.5
High density single-family R-6.5
High density single-family, small lot R-8
Whiskey Ridge, high density single-family WR R-4-8
Low density multiple-family R-12
Medium density multiple-family R-18
High density multiple-family R-28
Whiskey Ridge, medium density multiple-family WR R-6-18
Residential Mobile Home Park R-MHP
Small Farms Overlay SF (suffix to zone’s map symbol)
Property-specific development standards P (suffix to zone’s map symbol)
22C.010.030 Characteristics of Residential Zones
(1) Medium Density Single-Family (R-4.5).
The R-4.5 zone is a medium-density single-family residential zone. It allows single family residences
at a density of 4.5 dwelling units per acre. Duplexes are permitted as a conditional use with a
maximum density of 6 dwelling units per acre. The major type of new development will be detached
single-family residences. The R-4.5 zone is applied to areas that are designated Medium Density
Single Family on the land use plan map of the comprehensive plan. (2) High Density Single-Family (R-6.5). The R-6.5 zone is a high-density single-family residential zone. It allows single family residences at a
density of 6.5 dwelling units per acre. Duplexes are permitted outright on 7,200 SF lots with a
maximum density of 8 dwelling units per acre. The major type of new development will be detached
single-family residences. The R-6.5 zone is applied to areas that are designated High Density Single
Family on the land use plan map of the comprehensive plan.
(3) High Density Single-Family, Small Lot (R-8).
The R-8 zone is a high-density single-family, small lot residential zone. It allows single family
residences at a density of 8 dwelling units per acre. Duplexes are permitted outright on 7,200 SF lots
with a maximum density of 8 dwelling units per acre. The major type of new development will be
detached single-family residences. The R-8 zone is applied to areas that are designated High Density
Single Family – Small Lot on the land use plan map of the comprehensive plan.
(4) Whiskey Ridge, High Density Single-Family (WR R-4-8).
The WR R-4-8 zone is a high-density single-family residential zone. It allows single family residences
at a density range of 4.5 to 8 dwelling units per acre. Duplexes are permitted outright on 7,200 SF
lots with a maximum density of 8 dwelling units per acre. The major type of new development will be
detached single-family residences. The WR R-4-8 zone is applied to areas that are designated Whiskey Ridge, High Density Single-Family on the land use plan map of the comprehensive plan. (5) Low Density Multiple-Family (R-12).
The R-12 zone is a low density multiple-family residential zone. The major types of new housing
development will be attached and detached single-family residential, duplexes, apartments and
condominiums. The density is twelve units per acre; the maximum is limited to eighteen units per
acre.
(6) Medium Density Multiple-Family (R-18).
The R-18 zone is a medium density multiple-family residential zone. The major types of new housing
development will be attached and detached single-family residential, duplexes, apartments and
condominiums. The density is eighteen units per acre; the maximum is limited to twenty-seven units
per acre.
Marysville Municipal Code Title 22 UDC
Title 22C-4
(7) High Density Multiple-Family (R-28).
The R-28 zone is a high density multiple-family residential zone. The major types of new housing development will be attached and detached single-family residential, duplexes, apartments and
condominiums. The density is twenty-eight units per acre; the maximum is limited to thirty-six units
per acre.
(8) Whiskey Ridge, Medium Density Multiple-Family (WR R-6-18).
The WR R-6-18 zone is a medium density multiple-family residential zone. The major types of new
housing development will be attached and detached single-family residential, duplexes, apartments
and condominiums. The density is six units per acre for detached single-family and ten units per acre
for attached multiple-family; the maximum is limited to eighteen units per acre.
(9) Residential Mobile Home Park (R-MHP).
The R-MHP zone preserves high density, affordable detached single-family 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.
22C.010.040 Additional Zoning Standards
The standards in this chapter state the allowed uses and development standards for the base
zones. Sites with overlay zones, sub-area or master plans are subject to additional standards. The
official zoning maps indicate which sites are subject to these additional standards. 22C.010.050 Residential Zone Primary Uses
(1) Permitted Uses (P).
Uses permitted in the residential zones are listed in MMC 22C.010.060 with a "P." These uses are
allowed if they comply with the development standards and other standards of this chapter.
(2) Conditional Uses (C).
Uses that are allowed if approved through the conditional use review process are listed in MMC
22C.010.060 with a "C." These uses are allowed provided they comply with the conditional use
approval criteria for that use, the development standards and other standards of this chapter. Uses
listed with a "C" that also have a footnote number in the table are subject to the standards cited in the
footnote. The conditional use review process and approval criteria are stated in Chapter 22G.010
MMC.
(3) Uses Not Permitted.
If no symbol appears in the box at the intersection of the column and the row, the use is not
permitted in that district, except for certain temporary uses.
(4) If a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above, the general requirements of the
code and the specific conditions indicated in the development condition with the corresponding
number are listed in MMC 22C.010.070.
(5) If more than one letter-number combination appears in the box at the intersection of the
column and the row, the use is allowed in that zone subject to different sets of limitation or conditions
depending on the review process indicated by the letter, the general requirements of the code and the
specific conditions indicated in the development condition with the corresponding number are listed in
MMC 22C.010.070.
(6) All applicable requirements shall govern a use whether or not they are cross-referenced in a
section.
22C.010.060 Permitted Uses
Specific Land Use R-4.5 R-6.5 R-8 WR
R-4-8 R-12 R-18 R-28 WR
R-6-18 R-MHP
Residential land uses
Dwelling Units, Types:
Single detached (14) P11 P11 P11 P11 P11 P11 P11 P11 P43
Cottage housing C6 C6 C6 C6 C6 C6 C6 C6
Duplex (14) C8 P8 P8 P8 P P P P
Townhouse P3 P3 P3 P3 P P P P
Multiple-family P P P P
Marysville Municipal Code Title 22 UDC
Title 22C-5
Mobile home P12
P12
P12
P12
P12 P12 P12 P12 P12
Mobile/Manufactured home park P3 P3 P3 C P P P45
Senior citizen assisted C2 C2 C2 C2 C2 C2 C2 C2 C2
Factory-built P7 P7 P7 P7 P7 P7 P7 P7 P7, 43
Recreational Vehicle P44
Group Residences:
Adult family home P P P P P P P P P
Convalescent, nursing, retirement C2 C2 C2 C2 C2 C2 C2 C2
Residential care facility P P P P P P P P
Master planned senior community (15) C C C C C C C C C
Accessory Uses:
Residential accessory uses (1) (9) (10) P P P P P P P P P
Home occupation (5) P P P P P13 P13 P13 P13 P
Temporary Lodging:
Hotel/motel P P P P
Bed and breakfast guesthouse (4) C C C P P P P
Bed and breakfast inn (4) P P P P
Recreation/cultural land uses
Specific Land Use R-4.5 R-6.5 R-8 WR
R-4-8 R-12 R-18 R-28 WR
R-6-18 R-MHP
Park/Recreation:
Park P16 P16 P16 P16 P16 P16 P16 P16 P16
Recreational vehicle park C
Community center C C C C C C C C C
Amusement/Entertainment:
Sports club C C C C
Golf facility (17) C C C C P P P P
Cultural:
Library, museum and art gallery C C C C C C C C C
Church, synagogue and temple C C C C P P P P C
General services land uses
Specific Land Use R-4.5 R-6.5 R-8 WR
R-4-8 R-12 R-18 R-28 WR
R-6-18 R-MHP
Personal Services:
Funeral home/crematory C18 C18 C18 C18 C18 C18 C18 C18 C18
Cemetery, columbarium or mausoleum P24
C19
P24
C19
P24
C19
P24
C19
P24
C19
P24
C19
P24
C19
P24
C19
P24
C19
Day care I P20 P20 P20 P20 P20 P20 P20 P20 P20
Day care II C25 C25 C25 C25 C C C C C25
Stable C C C C
Kennel or cattery, hobby C C C C C C C C
Electric Vehicle (EV) Charging Station (38),
(39) P P P P P P P P
Marysville Municipal Code Title 22 UDC
Title 22C-6
EV Rapid Charging Station (40), (41), (42) P P P P
Health Services:
Medical/dental clinic C C C C
Education Services:
Elementary, middle/junior high, and senior
high (including public, private and parochial) C C C C C C C C C
Commercial school C21 C21 C21 C21 C21 C21 C21 C21
School district support facility C23 C23 C23 C23 C23 C23 C23 C23
Interim recycling facility P22 P22 P22 P22 P22 P22 P22 P22
Vocational school
Government/business service land uses
Specific Land Use R-4.5 R-6.5 R-8 WR
R-4-8 R-12 R-18 R-28 WR
R-6-18 R-MHP
Government Services:
Public safety facilities, including police and
fire C26 C26 C26 C26 C26 C26 C26 C26 C26
Utility facility P P P P P P P P P
Private stormwater management facility P P P P P P P P P
Public stormwater management facility P P P P P P P P P
Business Services:
Self-service storage (31) C27 C27 C27 C27
Professional office C C C C
Automotive parking P29 P29 P29 P29 P29 P29 P29 P29
Model house sales office P30 P30 P30 P30
Wireless communication facility (28) P C P C P C P C P C P C P C P C P C
Retail/wholesale land uses
Specific Land Use R-4.5 R-6.5 R-8 WR
R-4-8 R-12 R-18 R-28 WR
R-6-18 R-MHP
Forest products sales P32 P32 P32 P32
Agricultural crop sales P32 P32 P32 P32
Resource land uses
Specific Land Use R-4.5 R-6.5 R-8 WR
R-4-8 R-12 R-18 R-28 WR
R-6-18 R-MHP
Agriculture:
Growing and harvesting crops P34 P34 P34 P34
Raising livestock and small animals P35 P35 P35 P35
Forestry:
Growing and harvesting forest products P34 P34 P34 P34
Fish and wildlife management:
Hatchery/fish preserve (33) C C C C
Aquaculture (33) C C C C
Regional land uses
Specific Land Use R-4.5 R-6.5 R-8 WR
R-4-8 R-12 R-18 R-28 WR
R-6-18 R-MHP
Marysville Municipal Code Title 22 UDC
Title 22C-7
Regional storm water management facility C C C C C C C C C
Nonhydroelectric generation facility C C C C C C C C C
Transit park and pool lot P P P P P P P P
Transit park and ride lot C C C C C C C C
School bus base C36 C36 C36 C36 C36 C36 C36 C36
Racetrack C37 C37 C37 C37 C37 C37 C37 C37
College/university C C C C C C C C
22C.010.070 Permitted Uses - Development Conditions (1) Accessory dwelling units must comply with development standards in Chapter 22C.180 MMC.
Accessory dwelling units in the MHP zone are only allowed on single lots of record containing one single-family detached dwelling.
(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 planned residential development (PRD) 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 22C.210 MMC.
(5) Home occupations are subject to the requirements and standards contained in Chapter
22C.190 MMC.
(6) Subject to cottage housing provisions set forth in MMC 22C.010.280.
(7) Factory built dwelling units shall comply with the following standards:
(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.
(8) Permitted outright in the R-6.5, R-8, and WR R4-8 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.
(9) A garage sale shall comply with the following standards:
(a) 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.
(b) 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.
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. (10) Residential accessory structures must comply with development standards in Chapter 22C.180
MMC. (11) 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 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.
(12) Mobile homes are only allowed in existing mobile home parks established prior to October 16,
2006.
(13) Home occupations are limited to home office uses in multifamily dwellings. No signage is
permitted in townhouse or multifamily dwellings.
Marysville Municipal Code Title 22 UDC
Title 22C-8
(14) No more than one single-family detached or duplex dwelling(s) is allowed per lot except in
planned residential developments, through the provisions of Chapter 22G.080 MMC, using the binding site plan (BSP) process outlined in Chapter 22G.100 MMC, 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 22C.180 MMC.
(15) Subject to Chapter 22C.220 MMC, Master Planned Senior Communities.
(16) The following conditions and limitations shall apply, where appropriate:
(a) Parks are permitted in residential and mixed use zones when reviewed as part of a
subdivision, mobile/manufactured home park, or multiple-family development proposal; otherwise a
conditional use permit is required;
(b) Lighting for structures and fields shall be directed away from residential areas; and
(c) Structures or service yards shall maintain a minimum distance of 50 feet from
property lines adjoining residential zones.
(17) Golf facilities shall comply with the following:
(a) Structures, driving ranges and lighted areas shall maintain a minimum distance of 50
feet from property lines adjoining residential zones.
(b) Restaurants are permitted as an accessory use to a golf course.
(18) Only as an accessory to a cemetery.
(19) Structures shall maintain a minimum distance of 100 feet from property lines adjoining residential zones. (20) Only as an accessory to residential use and subject to the criteria set forth in Chapter
22C.200.
(21) Only as an accessory to residential use, provided:
(a) Students are limited to 12 per one-hour session;
(b) All instruction must be within an enclosed structure; and
(c) Structures used for the school shall maintain a distance of 25 feet from property lines
adjoining residential zones.
(22) Limited to drop box facilities accessory to a public or community use such as a school, fire
station or community center.
(23) Only when adjacent to an existing or proposed school.
(24) Limited to columbariums accessory to a church; provided, that existing required landscaping
and parking are not reduced.
(25) Daycare IIs must be located on sites larger than 0.5 acres and are subject to minimum
standards identified in Chapter 22C.200 for Daycare I facilities. Parking facilities and loading areas
shall be located to the rear of buildings or be constructed in a manner consistent with the surrounding residential character. Evaluation of site suitability shall be reviewed through the conditional use permit
process.
(26) Public safety facilities, including police and fire shall comply with the following:
(a) All buildings and structures shall maintain a minimum distance of 20 feet from
property lines adjoining residential zones;
(b) Any buildings from which fire-fighting equipment emerges onto a street shall maintain
a distance of 35 feet from such street.
(27) Accessory to an apartment development of at least 12 units, provided:
(a) The gross floor area in self-service storage shall not exceed 50 percent of the total
gross floor area of the apartment dwellings on the site;
(b) All outdoor lights shall be deflected, shaded and focused away from all adjoining
property;
(c) The use of the facility shall be limited to dead storage of household goods;
(d) No servicing or repair of motor vehicles, boats, trailers, lawn mowers or similar
equipment;
(e) No outdoor storage or storage of flammable liquids, highly combustible or explosive
materials or hazardous chemicals; (f) No residential occupancy of the storage units; (g) No business activity other than the rental of storage units to the apartment dwellings
on the site; and
(h) A resident manager shall be required on the site and shall be responsible for
maintaining the operation of the facility in conformance with the conditions of approval.
Marysville Municipal Code Title 22 UDC
Title 22C-9
(28) All WCFs and modifications to WCFs are subject to Chapter 22C.250 MMC including, but not
limited to, the siting hierarchy, MMC 22C.250.060. WCFs may be a permitted use or a conditional usesubject to MMC 22C.250.040.
(29) Limited to commuter parking facilities for users of transit, carpools or ride-share programs,
provided:
(a) They are located on existing parking lots for churches, schools, or other permitted
nonresidential uses which have excess capacity available during commuting hours; and
(b) The site is adjacent to a designated arterial that has been improved to a standard
acceptable to the department.
(30) Model house sales office shall comply with the following:
(a) The community development director may approve construction of model homes
subject to the following conditions:
(i) No model home shall be constructed without the issuance of a building permit;
(ii) In no event shall the total number of model homes in a preliminary subdivision
be greater than nine;
(iii) A hard-surfaced roadway to and abutting all model homes shall be constructed
to standards determined by the city engineer or designee;
(iv) Operational fire hydrant(s) must be available in accordance with the
International Fire Code; (v) Submittal of a site plan, stamped by a registered civil engineer or licensed surveyor, delineating the location of each structure relative to existing and proposed utilities, lot lines,
easements, roadways, topography and criticalareas;
(vi) Submittal of building permit applications for each of the proposed structures;
(vii) Approval of water, sewer and storm sewer extension plans to serve the
proposed structures; and
(viii) Execution of an agreement with the city saving and holding it harmless from
any damages, direct or indirect, as a result of the approval of the construction of model homes on the
site.
(b) Prior to occupancy of any model home, the final plat of the subject subdivision shall be
approved and recorded.
(31) Any outdoor storage areas are subject to the screening requirements of the landscape code.
(32) Subject to approval of a small farms overlay zone.
(33) May be further subject to the provisions of the Marysville Shoreline
Master Program.
(34) Only allowed in conjunction with the small farms overlay zone. (35) Provided that the property has received approval of a small farms overlay designation, or is
larger than one acre in size.
(36) Only in conjunction with an existing or proposed school.
(37) Except racing of motorized vehicles.
(38) Level 1 and Level 2 charging only.
(39) Allowed only as an accessory use to a principal outright permitted use or permitted conditional
use.
(40) The term ―Rapid‖ is used interchangeably with Level 3 and Fast Charging.
(41) Only ―electric vehicle charging stations – restricted‖ as defined in Chapter 22A.020 MMC.
(42) Rapid (Level 3) Charging Stations are required to be placed within a parking garage.
(43) One single-family detached dwelling per existing single lot or record. Manufactured Homes on
single lots must meet the criteria outlined in footnote 11 above.
(44) Used as a permanent residence in an established MHP or RV park provided that utility hook
ups in MHPs meet current standards for MHPs or RV parks.
(45) MHPs shall fulfill the requirements of Chapter 22C.230 MMC.
(46) Recreational vehicle parks are subject to the requirements and conditions of Chapter 22C.240
MMC. 22C.010.080 Densities and Dimensions.
(1) Interpretation of tables.
(a) MMC 22C.010.080(2) contains general density and dimension standards for the
various zones and limitations specific to a particular zone(s). Additional rules and exceptions, and
methodology are set forth in MMC 22C.010.100 through 22C.010.250.
Marysville Municipal Code Title 22 UDC
Title 22C-10
(b) The density and dimension table is arranged in a matrix format and are delineated into
the residential use categories. (c) Development standards are listed down the left side of both tables, and the zones are
listed at the top. The matrix cells contain the minimum dimensional requirements of the zone. The
parenthetical numbers in the matrix identify specific requirements applicable either to a specific use or
zone set forth in MMC 22C.010.090. A blank box indicates that there are no specific requirements. If
more than one standard appears in a cell, each standard will be subject to any applicable parenthetical
footnote following the standard.
(2) General Densities and Dimension Standards.
R-4.5 R-6.5 R-8 WR R4-8
(16)(17)
R-12
(13)
R-18
(13)
R-28
(13)
WR R6-18
(13)(16)(17)
Density: Dwelling
unit/acre (6) 4.5
du/ac
6.5
du/ac 8 du/ac 4.5 du/ac 12 du/ac 18 du/ac 28
du/ac
6 du/ac (detached sf)
10 du/ac (attached
multifamily)
Maximum density:
Dwelling unit/acre (1) – – – 8 du/ac 18 du/ac 27 du/ac 36
du/ac 18 du/ac
Minimum street
setback (3) (15)
20 ft
(8)
20 ft
(8)
20 ft
(8) 20 ft (8) 20 ft 25 ft 25 ft 20 ft
Minimum side yard setback (3) 5 ft (10) 5 ft (10) 5 ft (10) 5 ft (10, 11, 12) 10 ft (10, 11, 12) 10 ft (10, 11, 12) 10 ft (10) 10 ft (10, 11, 12)
Minimum rear yard
setback (3) 20 ft 20 ft 20 ft 20 ft 25 ft 25 ft 25 ft 25 ft
Base height 30 ft 30 ft 30 ft 30 ft 35 ft (4) 45 ft (4) 45 ft (4) 35 ft (4)
Maximum building coverage: Percentage
(5)
35% 35% 50% 50% 50% 50% 50% 40%
Maximum impervious
surface: Percentage
(5)
45% 45% 50% 50% 70% 70% 75% 70%
Minimum lot area 5,000
sq. ft
5,000
sq. ft
4,000
sq. ft 5,000 sf – – – –
Minimum lot area for
duplexes (2)
12,500
sq. ft
7,200
sq. ft
7,200
sq. ft 7,200 sf – – – –
Minimum lot width (3) 60 ft 50 ft 40 ft 40 ft 70 ft 70 ft 70 ft 70 ft
Minimum lot frontage
on cul-de-sac, sharp
curve, or panhandle (14)
20 ft 20 ft 20 ft 20 ft – – – –
22C.010.090 Densities and Dimensions – Development Conditions. (1) Maximum density: Dwelling unit/acre
(a) The maximum density for R-12, R-18 R-28, WR R4-8 and WR R6-18 zones may be
achieved only through the application of residential density incentive provisions outlined in Chapter
22C.090 MMC.
(b) The maximum net density for the single-family zones is the same as the base density;
provided, that for PRD developments the maximum density may be increased by up to 20 percent
through the application of residential density incentive provisions outlined in Chapter 22C.090 MMC.
(2) The minimum lot sizes for duplexes apply to lots or parcels which existed on or before the
effective date of the ordinance codified in this chapter. All new duplex lots created through the
subdivision or short subdivision process shall be a minimum of 7,200 square feet in size, must include
a ―duplex disclosure,‖ and comply with the density requirements of the comprehensive plan (six units
per acre for the R-4.5 zone and eight units per acre for the R-6.5, R-8, and WR-R4-8 zones).
Marysville Municipal Code Title 22 UDC
Title 22C-11
(3) These standards may be modified under the provisions for zero lot line and townhome
developments. (4) Base Height:
(a) Height limits may be increased when portions of the structure which exceed the base
height limit provide one additional foot of street and interior setback beyond the required setback for
each foot above the base height limit; provided, that the maximum height may not exceed 60 feet.
(b) Multiple-family developments, located outside of Planning Area 1, abutting or adjacent
to areas zoned as single-family, or areas identified in the comprehensive plan as single-family, may
have no more floors than the adjacent single-family dwellings, when single-family is the predominant
adjacent land use.
(5) Applies to each individual lot. Building coverage and impervious surface area standards for:
(a) Regional uses shall be established at the time of permit review; or
(b) Nonresidential uses in residential zones shall comply with MMC 22C.010.250.
(6) Density: Dwelling unit/acre
(a) The densities listed for the single-family zones (R-4.5, R-6.5, R-8) and single-family
development in the Whiskey Ridge zones (WR R4-8, WR R6-18) are maximum net densities.
(b) Mobile home parks shall be allowed a maximum density of eight dwelling units per
acre, unless located in the R-4.5 or R-6.5 zones, in which case they are limited to the density of the
underlying zone. (7) The standards of the R-4.5 zone shall apply if a lot is less than 15,000 square feet in area. (8) On a case-by-case basis, the street setback may be reduced to 10 feet; provided, that at least
20 linear feet of driveway is provided between any garage, carport, or other fenced parking area and
the street property line, or the lot takes access from an alley. The linear distance shall be measured in
a straight line from the nearest point of the garage, carport or fenced area to the access point at the
street property line. In the case of platted lots, no more than two consecutive lots may be reduced to
10 feet.
(9) Residences shall have a setback of at least 50 feet from any property line if adjoining an
agricultural zone either within or outside the city limits.
(10) For townhomes or apartment developments, the setback shall be the greater of:
(a) Twenty feet along any property line abutting R-4.5 through R-8, and WR-R4-8 zones;
or
(b) The average setback of the R-4.5 through R-8 zoned and platted single-family
detached dwelling units from the common property line separating said dwelling units from the
adjacent townhome or apartment development, provided the required setback applied to said
development shall not exceed 60 feet. The setback shall be measured from said property line to the closest point of each single-family detached dwelling unit, excluding projections allowed per MMC
22C.010.210 and accessory structures existing at the time the townhome or apartment development
receives approval by the city.
(11) Townhome setbacks are reduced to zero on an interior side yard setback where the units have
a common wall for zero lot line developments.
(12) Townhome setbacks are reduced to five feet on side yard setbacks provided the buildings
meet a 10-foot separation between structures.
(13) Single-family detached units on individual lots within the R-12 through R-28, and WR-R6-18
zones shall utilize the dimensional requirements of the R-8 zone, except the base density.
(14) Provided that the front yard setback shall be established as the point at which the lot meets
the minimum width requirements. On a case-by-case basis, the street setback may be reduced to the
minimum of 20 feet; provided, that the portion of the structure closest to the street is part of the
―living area,‖ to avoid having the garage become the predominant feature on the lot.
(15) Subject to MMC 22A.020.130 ―Lot Lines‖ (1)(a).
(16) Required landscaping setbacks for developments on the north side of Soper Hill Road are 25
feet from the edge of sidewalk.
(17) Projects with split zoning (two or more distinct land use zones) may propose a master site plan to density average at the zone edge or modify the zone boundaries using topography, access, critical areas, or other site characteristics in order to provide a more effective transition between land
uses and zones. Approval is at the discretion of the community development director.
22C.010.100 Measurement methods.
The following provisions shall be used to determine compliance with this title:
Marysville Municipal Code Title 22 UDC
Title 22C-12
(1) Street setbacks shall be measured from the existing edge of a street right-of-way or
temporary turnaround or in the case of a substandard street, the setbacks shall be measured from the edge of the ultimate right-of-way section planned for the street, except as provided by MMC
22C.010.200;
(2) Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation,
five-foot (or less) wide pedestrian walkways or surface water retention/detention facilities.
22C.010.110 Calculations – Allowable dwelling units.
Permitted number of dwelling units shall be determined as follows:
(1) The maximum allowed number of dwelling units shall be computed by multiplying the net
project area (in acres) by the applicable residential density.
(2) When calculations result in a fraction, the fraction shall be rounded to the nearest whole
number as follows:
(a) Fractions of 0.50 or above shall be rounded up; and
(b) Fractions below 0.50 shall be rounded down.
22C.010.120 Calculations – Site area used for density calculations.
(1) Critical areas and their buffers may be used for calculation of allowed residential density
whenever two or more residential lots or dwelling units are created subject to the on-site density transfer provisions outlined in MMC 22E.010.360. (2) The net project area of a multiple-family or single-family site may be used in the calculation of
allowed residential density.
22C.010.130 Lot area – Prohibited reduction.
Any portion of a lot that was required to calculate and ensure compliance with the standards
and regulations of this title shall not be subsequently subdivided or segregated from such lot.
22C.010.140 Minimum lot area for construction.
Except as provided for in Chapter 22G.080 MMC:
(1) In the R zones, a single-family dwelling may be established on an existing vacant lot, which
cannot satisfy the bulk or dimensional requirements of this chapter, provided the following criteria are
met:
(a) The lot was established by conveyance of record prior to August 10, 1969 and its
dimensions have not been modified since said conveyance; or the lot was created by an approved plat
and satisfied the bulk and dimensional requirements applicable at the time of its creation; and (b) The lot is not less than 4,000 square feet in size, or such greater size as may be
required by the Snohomish health district if an on-site sewage disposal system is involved; and
(c) Development of the lot will comply with all bulk and dimensional regulations in this
chapter relating to setbacks, maximum lot coverage and off-street parking, as such regulations exist
on the date of application for development permits.
22C.010.150 Setbacks – Specific building or use.
When a building or use is required to maintain a specific setback from a property line or other
building, such setback shall apply only to the specified building or use.
22C.010.160 Setbacks – Modifications.
The following setback modifications are permitted:
(1) When the common property line of two lots is covered by a building(s), the setbacks required
by this chapter shall not apply along the common property line.
(2) When a lot is located between lots having nonconforming street setbacks, the required street
setback for such lot may be the average of the two nonconforming setbacks or 60 percent of the
required street setback, whichever results in the greater street setback. (3) When a base station or WCF equipment is proposed for placement on private property abutting ROW, the setback may be administratively reduced, provided the application demonstrates
good cause for such reduction and adequate area for screening and landscaping is provided.
22C.010.170 Setbacks – From regional utility corridors.
(1) In subdivisions and short subdivisions, areas used as regional utility corridors shall be
contained in separate tracts.
Marysville Municipal Code Title 22 UDC
Title 22C-13
(2) In other types of land development permits, easements shall be used to delineate such
corridors. (3) All buildings and structures shall maintain a minimum distance of five feet from property or
easement lines delineating the boundary of regional utility corridors, except for utility structures
necessary to the operation of the utility corridor.
22C.010.180 Setbacks – From private roads or access easements.
Structures may be built to five feet of the property line on lots adjacent to a private road or
access easement.
22C.010.190 Setbacks – From alleys.
(1) Structures may be built to five feet of the property line abutting an alley, except as provided
in subsection (2) of this section.
(2) Vehicle access points from garages, carports or fenced parking areas shall be set back a
minimum of 10 feet from the lot line abutting an alley, except where the access point faces an alley
with a right-of-way width of 10 feet, in which case the garage carport, or fenced parking area shall not
be located within 20 feet from the rear lot line. No portion of the garage or the door in motion may
cross the property line.
(3) Rear setbacks for detached accessory structures located in Planning Area 1 ―Downtown Neighborhood‖ may be reduced as set forth in MMC 22C.180.020(2).
22C.010.200 Setbacks – Adjoining half-street or designated arterial.
In addition to providing the standard street setback, a lot adjoining a half-street or designated
arterial shall provide an additional width of street setback sufficient to accommodate construction of
the planned half-street or arterial.
22C.010.210 Setbacks – Projections allowed.
Projections may extend into required setbacks as follows:
(1) Fireplace structures including eaves and factory-built garden or bay windows may project into
any setback, provided such projections are:
(a) Limited to two per facade,
(b) Not wider than 10 feet, and
(c) Not more than 24 inches into a side setback or 30 inches into a front or rear setback;
(2) Uncovered porches and decks, including stairs, which exceed 30 inches above the finished
grade may project: (a) Eighteen inches into side setbacks, and
(b) Five feet into the front or rear setback;
(3) Uncovered porches and decks not exceeding 30 inches above the finished grade may project
to the property line;
(4) Eaves may not project more than:
(a) Twenty-four inches into a side setback,
(b) Thirty-four inches into a front or rear setback, or
(c) Eighteen inches across a lot line in a zero lot line development.
22C.010.220 Height – Exceptions to limits.
The following structures may be erected above the height limits of MMC 22C.010.080:
(1) Roof structures housing or screening elevators, stairways, tanks, ventilating fans or similar
equipment required for building operation and maintenance; and
(2) Fire or parapet walls, skylights, chimneys, smokestacks, church steeples, and utility line
towers and poles.
22C.010.230 Lot divided by zone boundary. When a lot is divided by a zone boundary, the following rules shall apply: (1) When a lot contains both residential and nonresidential zoning, the zone boundary between
the zones shall be considered a lot line for determining permitted building height and required
setbacks on the site;
(2) When a lot contains residential zones of varying density, any residential density transfer within
the lot shall only be allowed from the portion with the lesser residential density to that of the greater
residential density; and
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(3) Uses on each portion of the lot shall only be those permitted in each zone pursuant to Chapter
22C.010 and 22C.020 MMC.
22C.010.240 Sight distance requirements.
Except for traffic control signs, the following sight distance provisions shall apply to all
intersections and site access points:
(1) A sight distance triangle area per city standards shall contain no fence, berm, vegetation, on-
site vehicle parking area, signs or other physical obstruction between 30 inches and eight feet above
the existing street grade;
Note: The area of a sight distance triangle between 30 inches and eight feet above the
existing street grade shall remain open.
(2) The community development director or city engineer may require modification or removal of
structures or landscaping located in required street setbacks, if:
(a) Such improvements prevent adequate sight distance to drivers entering or leaving a
driveway; and
(b) No reasonable driveway relocation alternative for an adjoining lot is feasible.
22C.010.250 Nonresidential land uses in residential zones.
Except for utility facilities and regional land uses listed in MMC 22C.010.060, all nonresidential uses located in residential zones shall be subject to the following requirements: (1) Building coverage shall not exceed:
(a) Fifty percent of the site in the R-4.5, R-6.5, R-8 and WR R-4-8 zones.
(b) Sixty percent of the site in the R-12, R-18, R-28 and WR R6-18 zones.
(2) Impervious surface coverage shall not exceed:
(a) Seventy percent of the site in the R-4.5, R-6.5, R-8 and WR R-4-8 zones.
(b) Eighty percent of the site in the R-12, R-18, R-28 and WR R6-18 zones.
(3) Buildings and structures, except fences and wire or mesh backstops, shall not be closer than
30 feet to any property line, except as provided in subsection (d).
(4) A single detached dwelling unit allowed as accessory to a church or school shall conform to the
setback requirements of the zone.
(5) Parking areas are permitted within the required setback area from property lines, provided
such parking areas are located outside of the required landscape area.
(6) Sites shall abut or be accessible from at least one public street functioning at a level consistent
with city of Marysville street design standards. New high school sites shall abut or be accessible from a
public street functioning as an arterial per the city of Marysville design standards. (7) The base height shall conform to height limitation of the zone in which the use is located.
22C.010.250 Residential Design Requirements - Purpose
MMC 22C.010.250 through MMC 22C.010.400 apply to new multifamily residential and high
density (8+ du/acre) single-family development. The purpose of these sections is to:
(1) Encourage the realization and creation of a desirable and aesthetic environment in the city of
Marysville;
(2) Encourage and promote development which features amenities and excellence in site planning,
streetscape, building design and contribution to community charm;
(3) Encourage creative approaches to the use of land and related physical developments;
(4) Minimize incompatible and unsightly surroundings and visual blight which prevent orderly
community development;
(5) Reinforce streets as public places that encourage pedestrian and bicycle travel;
(6) Reduce opportunities for crimes against persons and property;
(7) Minimize land use conflicts and adverse impacts;
(8) Provide roadway and pedestrian connections between residential and commercial areas;
(9) Provide public places and open space networks to create gateways, gathering places, and recreational opportunities that enhance the natural and built environment; (10) Minimize the rate of crime associated with persons and property and provide for the highest
standards of public safety through the implementation of crime prevention through environmental
design (CPTED) principles in design review.
22C.010.260 Residential Design Requirements – Applicability and
interpretations.
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(1) Applicability.
(a) These design standards apply to all new planned residential developments (PRD) in any zone, multifamily structures in any zone and residential development within the following zones:
high density multiple-family (R-28), medium density multiple-family (R-18), low density multiple-
family (R-12), high density single-family, small lot (R-8).
(b) The standards specified in the following sections shall be applied by the city to
individual building permits for single-family residences, MMC 22C.010.310; duplexes, MMC
22C.010.400; and accessory uses, Chapter 22C.180 MMC; provided, that the applicable standards
shall be those in effect on the date that the city approves the preliminary subdivision, short
subdivision, or binding site plan, whichever is applicable, unless the applicant opts to have the city
apply the standards that may have been revised by the city after such date.
(c) The following activities shall be exempt from these standards:
(i) Construction activities which do not require a building permit;
(ii) Interior remodels of existing structures;
(iii) Modifications or additions to existing multifamily and public properties when
the modification or addition:
(A) Constitutes less than 10 percent of the existing horizontal square
footage of the use or structure; and
(B) Constitutes less than 10 percent of the existing building’s exterior facade. (d) These standards are intended to supplement the zoning standards in the Marysville
Municipal Code. Where these standards and the zoning ordinance standards conflict, the city shall
determine which regulation applies based on which is more in the public interest and more consistent
with the comprehensive plan.
(2) Interpreting and Applying the Design Standards.
(a) These standards capture the community visions and values as reflected in the
comprehensive plan’s neighborhood planning areas. The city’s community development director
(hereinafter referred to as director) retains full authority to determine whether a proposal meets these
standards. The director is authorized to promulgate guidelines, graphic representations, and examples
of designs and methods of construction that do or do not satisfy the intent of these standards. The
following resources can be used in interpreting the guidelines: Residential Development Handbook for
Snohomish County Communities (prepared for Snohomish County Tomorrow by Makers, Inc.), Site
Planning and Community Design for Great Neighborhoods (Frederick D. Jarvis, 1993), and City
Comforts (David Sucher, 1996).
(b) Within these standards, certain words are used to indicate the relative importance and priority the city places upon a particular standard.
(i) The words ―shall,‖ ―must,‖ and ―is/are required‖ mean that the development
proposal must comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance; or
(B) The development proposal meets the intent of the standards in some
other manner.
(ii) The word ―should‖ means that the development proposal will comply with the
standard unless the director finds that:
(A) The standard is not applicable in the particular instance;
(B) The development proposal meets the intent of the standards in some
other manner; or
(C) There is convincing evidence that applying the standard would not be in
the public interest.
(iii) The words ―is/are encouraged,‖ ―can,‖ ―consider,‖ ―help,‖ and ―allow‖ mean
that the action or characteristic is allowed and will usually be viewed as a positive element in the city’s
review.
(c) The project proponent may submit proposals that he/she feels meet the intent of the standards but not necessarily the specifics of one or more standards. In this case, the director will determine if the intent of the standard has been met.
22C.010.270 Zero lot line development.
In any PRD overlay zone, interior setbacks may be modified during subdivision or short
subdivision review as follows:
If a building is proposed to be located within a normally required interior setback:
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(1) An easement shall be provided on the abutting lot of the subdivision that is wide enough to
ensure a 10-foot separation between the walls of structures on adjoining lots, except as provided for common wall construction;
(2) The easement area shall be free of structures and other obstructions that would prevent
normal repair and maintenance of the structure’s exterior;
(3) Buildings utilizing reduced setbacks shall not have doors that open directly onto the private
yard areas of abutting property. Windows in such buildings shall not be oriented toward such private
yard areas unless they consist of materials such as glass block, textured glass, or other opaque
materials, and shall not be capable of being opened, except for clerestory-style windows or skylights;
and
(4) The final plat or short plat shall show the approximate location of buildings proposed to be
placed in a standard setback area.
22C.010.280 Cottage housing developments.
(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 of more usable space for residents of the development through flexibility in density and lot standards;
(d) Support the growth management goal of more efficient use of urban 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 in Downtown Planning Area 1; single-family zones where properties are encumbered
by at least 35 percent critical areas and associated buffers; and single-family zoned parcels adjacent,
including across the street in some cases, to multifamily, 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 cottages arranged on
at least two sides of a common open space or configuration as otherwise approved by the director,
with a maximum of 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 of this 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 two 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 18
feet.
(b) The ridge of pitched roofs with a minimum slope of six to 12 (6:12) may extend up to
28 feet. The ridge of pitched roofs with a minimum slope of four to 12 (4:12) may extend up to 23
feet. All parts of the roof above 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 40 percent and the maximum total lot coverage shall not exceed 60 percent.
(b) The maximum main floor area is 800 square feet.
(c) The total floor area of each cottage shall not exceed either 1.5 times the area of the
main level or 1,200 square feet, whichever is less. Enclosed space in a cottage located either above the main level and more than 12 feet above finished grade, or below the main level, shall be limited to no more than 50 percent of the enclosed space of the main level, or 400 square feet, whichever is
less. This restriction applies regardless of whether a floor is proposed in the enclosed space, but shall
not apply to attic or crawl spaces (less than six feet 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.
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(ii) Attached roofed porches.
(iii) Detached garages or carports. (iv) Spaces with the ceiling height of six feet or less measured to the exterior
walls, such as a second floor area under the slope of a roof.
(f) 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 of notifying future property owners that any
increase in the total square footage of a cottage is prohibited for the life of the cottage or duration of
city cottage regulations.
(7) Yards.
(a) Front Yards. The front yard for cottage housing developments shall be 10 feet.
(b) Rear Yards. The minimum rear yard for a cottage housing development shall be 10
feet. If abutting an alley the rear yard setback may be reduced to five feet.
(c) Side Yards. The minimum required side yard for a cottage housing development shall
be five feet. When there is a principal entrance along a side facade, the side yard shall be no less than
10 feet along that side for the length of the pedestrian route. This 10-foot side yard shall apply only to
a height of eight feet above the access route.
(d) Interior Separation for Cottage Housing Developments. There shall be a minimum
separation of six 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 10 feet. (8) Required Open Space. (a) Quantity of Open Space. A minimum of 400 square feet per unit of landscaped open
space is required. This quantity shall be allotted as follows:
(i) A minimum of 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
(ii) A minimum of 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.
(c) Each house shall abut its private open space. A fence or hedge not to exceed three
feet 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 contiguous area with a minimum
area of 200 square feet. No horizontal dimension of the open space shall be less than 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 contiguous parcel. Each cottage shall abut the common open space, and the common open space shall have
cottages abutting at least two sides.
(c) The minimum horizontal dimension for common open space shall be 10 feet.
(d) Each cottage unit shall have a covered porch or entry of at least 60 square feet with a
minimum dimension of six feet on any side.
(e) Secondary entrances facing a street or sidewalk shall have a five-by-five foot porch.
(f) Separation of Identical Building Elevations. Units of identical 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.
(h) Five-foot-wide pedestrian pathways (sidewalks) must be included to provide for
movement of residents 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 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 of the principal structure and is served by an alley or private driveway.
(e) Off-street parking requirements are as follows:
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(i) Units under 700 square feet: one space per unit;
(ii) Units between 700 and 1,000 square feet: 1.5 spaces per unit; and (iii) Units over 1,000 square feet: two spaces per unit.
At least one parking stall per dwelling will be enclosed or covered.
(f) Access to parking shall be from the alley when 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.
(11) Covered parking areas should be located so their visual presence is minimized, and associated
noise or other impacts 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 of the 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 of vehicles owned
by the residents of the development. Storage of items which preclude the use of the parking spaces
for vehicles is prohibited.
(c) The design of carports must include rooflines similar and compatible to those of the
dwelling units within the development.
(12) Screening Requirements. (a) Boundaries between cottage dwellings and neighboring properties shall be screened with landscaping to reduce the appearance of bulk or intrusion onto adjacent properties, or otherwise
treated (i.e., through setbacks or architectural techniques) to meet the intent 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 rights-of-way.
(13) Requests for Modifications to Standards. The community development 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.
22C.010.290 Site and building design standards.
(1) Applicability.
(a) Prior to submitting a building permit application, all development to which these
standards apply shall be required to submit a site plan addressing the standards in this section for
administrative review and approval by the community development director.
(b) The site and building design standards of this section apply to institutional, commercial
and multiple-family developments, whereas only subsections (2) and (3) of this section apply to
single-family and condominium developments.
(c) The crime prevention through environmental design (CPTED) provisions of this section
apply to all new commercial developments of over 12,000 square feet in building area, multifamily
development of 10 or more units, and planned residential developments.
(2) Relationship of Building(s) to Site and Street Front.
(a) The site shall be planned to create an attractive street edge and accommodate
pedestrian access. Examples of ways that a development meets the requirements of this provision are
to:
(i) Define the street edge with buildings, landscaping or other features. (ii) Provide for building entrances that are visible from the street. (iii) Provide for a sidewalk at least five feet wide if there is not space in the public
ROW.
(iv) Provide building entries that are accessed from the sidewalk: Preferably these
access ways should be separated from the parking and drive aisles. If access traverses the parking lot,
then it should be raised and clearly marked.
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(v) Provide for businesses that require outdoor display oriented to the street, such
as nurseries and auto sales, to have such display be raised and clearly marked. (b) The development shall create a well-defined streetscape to allow for the safe
movement of pedestrians. Whenever possible, building setbacks shall be minimized and parking and
drive-through passageways shall be relegated to the side and rear of buildings.
(c) The development shall provide site development features that are visible and
pedestrian-accessible from the street. These features could include plazas, open space areas,
employee lunch and recreational areas, architectural focal points, and access lighting.
(3) Relationship of Building(s) and Site to Adjoining Area.
(a) Where adjacent buildings and neighborhoods are consistent with the comprehensive
plan and desired community character, new buildings and structures should consider the visual
continuity between the proposed and existing development with respect to building setbacks,
placement of structures, location of pedestrian/vehicular facilities and spacing from adjoining
buildings.
(b) Harmony in texture, lines and masses is encouraged.
(c) Attractive landscape transition to adjoining properties shall be provided.
(d) Public and quasi-public buildings and structures shall be consistent with the
established neighborhood character.
(4) Landscape and Site Treatment. (a) Parking lot screening and interior landscaping shall be provided consistent with Chapter 22C.130 MMC. The following criteria shall guide review of plans and administration of the
landscaping standards in the zoning code:
(i) The landscape plan shall demonstrate visual relief from large expanses of
parking areas.
(ii) The landscape plan shall provide some physical separation between vehicular
and pedestrian traffic.
(iii) The landscape plan shall provide decorative landscaping as a focal setting for
signs, special site elements, and/or pedestrian areas.
(iv) In locations where plants will be susceptible to injury by pedestrian or motor
traffic, they shall be protected by appropriate curbs, tree guards or other devices.
(v) Where building sites limit planting, the placement of trees or shrubs in
parkways or paved areas is encouraged.
(vi) Screening of outdoor service yards and other places which tend to be unsightly
shall be accomplished by use of walls, fencing, planting, berms or combinations of these.
(vii) Landscaping should be designed to create definition between public and private spaces.
(viii) Where feasible, the landscape plan shall coordinate the selection of plant
material to provide a succession of blooms, seasonal color, and a variety of textures.
(ix) The landscape plan shall provide a transition in landscaping design between
adjacent sites, within a site, and from native vegetation areas in order to achieve greater continuity.
(x) The landscape plan shall use plantings to highlight significant site features and
to define the function of the site, including parking, circulation, entries, and open spaces.
(xi) Where feasible, the landscape plan shall integrate natural approaches to storm
water management, including featured low impact development techniques.
(b) Street Landscaping. Where the site plan includes streetscape plantings, the following
guidelines apply:
(i) Sidewalks and pathways should be separated from the roadway by planting
strips with street trees wherever possible.
(ii) Planting strips should generally be at least five feet in width. They should
include evergreen shrubs no more than four feet in height and/or ground cover in accordance with the
city of Marysville landscape standards (Chapter 22C.130 MMC) and the Marysville Administrative
Landscaping Guidelines. (iii) Street trees placed in tree grates may be more desirable than planting strips in key pedestrian areas.
(iv) Use of trees and other plantings with special qualities (e.g., spring flowers
and/or good fall color) are strongly encouraged to unify development.
(c) Plaza/Pedestrian Area Landscaping within Shopping Centers and Mixed Use Site Plans.
(i) A range of landscape materials – trees, evergreen shrubs, ground covers, and
seasonal flowers – shall be provided for color and visual interest.
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(ii) Planters or large pots with small shrubs and seasonal flowers may be used to
create protected areas within the plaza for sitting and people watching. (iii) Creative use of plant materials, such as climbing vines or trellises, and use of
sculpture groupings or similar treatments are encouraged.
(iv) All landscaping plans shall be submitted during site plan review for approval.
(d) Exterior lighting, when used, shall be part of the architectural concept. Lighting shall
enhance the building design and adjoining landscaping. It should provide adequate lighting to ensure
safety and security; enhance and encourage evening activities; and when warranted by the adjoining
streetscape theme, provide a distinctive character to the area. In addition, the following shall be
addressed:
(i) The site plan shall identify lighting equipment and standards. Uplighting on
trees and provisions for seasonal lighting are encouraged.
(ii) Accent lighting on architectural and landscape features is encouraged to add
interest and focal points.
(iii) Parking area lighting shall not exceed 25 feet in height and shall be shielded to
minimize glare and spillage into the surrounding community.
(5) Building Scale Standards. All elements of building design should form an integrated
development, harmonious in scale, line, and mass to ensure that buildings are based on human scale
(i.e., the relationship of the size of the building’s features to the people that use the building). Design elements should also ensure that large buildings reduce their apparent mass and bulk on elevations visible from streets or pedestrian routes through such methods as facade modulation and architectural
detailing, roof treatment, colors, materials, and other special features.
(a) Integration. Large buildings should integrate features along their facades visible from
the public right-of-way and pedestrian routes and entries to reduce the apparent building mass and
achieve an architectural scale consistent with other nearby structures.
(b) Facade Modulation. Building facades visible from public streets and public spaces
should be stepped back or projected forward at intervals to provide a minimum of 40 percent facade
modulation. The minimum depth of modulation should be one foot, and the minimum width should be
five feet.
(c) Articulation. Buildings should be articulated to reduce the apparent scale of buildings.
Architectural details that are used to articulate the structure may include color, arrangement of facade
elements, or change in building materials.
(i) Tripartite Articulation. Buildings should provide tripartite building articulation
(building top, middle, and base) to provide pedestrian-scale and architectural interest.
(d) Window Treatments. Buildings should provide ample articulated window treatments in facades visible from streets and public spaces for architectural interest and human scale. Windows
should be articulated with mullions, recesses, awnings, etc., as well as applying complementary
articulation around doorways and balconies.
(e) Architectural Elements. The mass of long or large scale buildings can be made more
visually interesting by incorporating architectural elements, such as arcades, balconies, by windows,
dormers, and/or columns.
(f) Rooflines. A distinctive roofline can reduce perceived building height and mass,
increase compatibility with smaller scale and/or residential development, and add interest to the
overall design of the building.
(i) Rooflines with alternating dormers, stepped roofs, gables, or other roof
elements to reinforce the modulation or articulation interval are encouraged.
(ii) Roofs that incorporate a variety of vertical dimensions such as multi-planed
and intersecting rooflines are encouraged.
(iii) Flat-roofed designs should include architectural details such as cornices and
decorative facings to provide interest to the roofline.
(g) When there is a change in the building plane, a change in the building materials,
colors or patterns should also be considered. (h) Landscaping. The landscape plan should provide a trellis, tree or other landscape feature within each interval.
(i) Upper Story Setback. Setting back upper stories helps to reduce the apparent bulk of
a building and promotes human scale.
(j) Small-Scale Additions. In retail areas, small-scale additions to a structure can reduce
the apparent bulk by articulating the overall form. Clustering smaller uses and activities around
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entrances on street-facing facades also allows for small retail or display spaces that are inviting and
add activity to the streetscape. (6) Building Details, Materials, and Colors.
(a) The building should provide visual interest, distinct design qualities, and promote
compatibility and improvement within surrounding neighborhoods and community development
through effective architectural detailing and the use of traditional building techniques and materials.
(b) Design Criteria.
(i) Building materials and building techniques should be of high durability and
high quality. For commercial and residential uses, the use of brick is encouraged on walls or as
accents on walls. Large areas of rough-cut wood, wide rough-cut lap siding, or large areas of T-111,
plywood, or similar materials are prohibited. Vinyl siding is prohibited on the ground floor of
commercial buildings.
(ii) Buildings should be enhanced with appropriate details. The following elements
are examples of techniques used on buildings to provide detail:
(A) Ornate rooflines, including use of ornamental molding, entablature,
frieze, or other roofline devices.
(B) Overhead weather protection along sidewalks.
(C) Detailed treatment of windows and doors, including use of decorative
lintels, sills, glazing, door design, molding or framing details around all windows and doors located on facades facing or adjacent to public streets or parks. Window treatment should be sized as follows: 1. Windows should not have individual glass panes with
dimensions greater than five feet by seven feet.
2. Windows should be surrounded by trim, molding and/or sill at
least four inches wide. Commercial buildings with no trim or molding should have window frames at
least two inches wide.
3. Individual window units should be separated from adjacent
window units by at least six inches of the building’s exterior finish material.
(7) Public or Private Open Space. Where feasible and appropriate, larger (over 10 acres)
commercial and residential developments should incorporate open spaces into the site design to
provide community gathering space and neighborhood meeting areas. These areas should provide
outdoor spaces for relaxing, eating, socializing, and recreating. The following standards apply to these
outdoor areas:
(a) Plazas and Gathering Places.
(i) Areas should be sized between 5,000 and 10,000 square feet.
(ii) Plazas and gathering places should be able to serve as a center for daily activities.
(iii) Paving should be unit-pavers or concrete with special texture, pattern, and/or
decorative features.
(iv) Pedestrian amenities should be provided, including features such as seating,
plants, drinking fountains, artwork, and such focal points as sculptures or water features.
(v) Lighting fixtures should be approximately 10 to 15 feet above the surface. The
overall lighting in the plaza should average at least two foot-candles.
(b) Open Spaces and Project Details. The listed literature resources in MMC 22C.010.260
(2)(a) provide smaller scale concepts for integrating public gathering places and open spaces into the
project design.
(8) Site Design Utilizing Crime Prevention Throrugh Environmental Design (CPTED) Principles.
Development that is subject to this section shall incorporate the following CPTED strategies into
building design and site layout:
(a) Access Control. Guidance of people coming and going from a building or site by
placement of real and perceived barriers. Provision of natural access control limits access and
increases natural surveillance to restrict criminal intrusion, especially into areas that are not readily
observable. (b) Surveillance. Placement of features, uses, activities, and people to maximize visibility. Provision of natural surveillance helps to create environments where there is plenty of opportunity for
people engaged in their normal behavior to observe the space around them.
(c) Territoriality/Ownership. Delineation of private space from semi-public and public
spaces that creates a sense of ownership. Techniques that reduce the perception of areas as
―ownerless‖ and, therefore, available for undesirable uses.
Marysville Municipal Code Title 22 UDC
Title 22C-22
Examples of ways in which a proposal can comply with CPTED principles are outlined in the
―CPTED Guidelines for Project Design and Review,‖ prepared by the city.
22C.010.300 Commercial, multiple-family, townhome, and group residences
– Vehicular access and parking location.
(1) On sites abutting an alley, commercial, apartment, townhome and all group residences
developments shall have parking areas placed to the rear of buildings with primary vehicular access
via the alley, except when waived by the planning director due to physical site limitations.
(2) When alley access is available, and provides adequate access for the site, its use will be
encouraged.
(3) When common parking facilities for attached dwellings and group residences exceed 30
spaces, no more than 50 percent of the required parking shall be permitted between the street
property line and any building, except when authorized by the planning director due to physical site
limitations.
(4) Direct parking space access to an alley may be used for parking lots with five or fewer spaces.
22C.010.310 Small lot single-family dwelling development standards.
The provisions of this section apply to building permits for single-family dwellings on lots
having an area less than 5,000 square feet and single-family dwellings when multiple single-family dwellings are on a single lot, excluding accessory dwelling units; review will be done through the building permit process.
(1) It is the intent of these development standards that single-family dwellings on small lots be
compatible with neighboring properties, friendly to the streetscape, and in scale with the lots upon
which they are to be constructed. The director is authorized to promulgate guidelines, graphic
representations, and examples of housing designs and methods of construction that do or do not
satisfy the intent of these standards.
(2) Entry. Where lots front on a public street, the house shall have doors and windows which face
the street. Houses should have a distinct entry feature such as a porch or weather-covered entryway
with minimum dimensions of six feet by six feet; if the lot is less than 5,000 square feet, the entry
feature area shall be at least 60 square feet with no dimension less than six feet.
The director may approve a street orientation or entryway with dimensions different than specified
herein; provided, the entry visually articulates the front facade of the dwelling so as to create a
distinct entryway, meets setback requirements, provides weather cover, has a minimum dimension of
four feet, and is attached to the home.
(3) Alleys. (a) If the lot abuts an alley, the garage or off-street parking area shall take access from
the alley, unless precluded by steep topography. No curb cuts shall be permitted unless access from
the alley is precluded by steep topography.
(b) The minimum driveway length may be reduced to between six and zero feet for
garages when the following conditions are met:
(i) An alley is provided for access;
(ii) At least one off-street parking space, in addition to any provided in the
garage, is provided to serve that dwelling unit and the stall(s) is conveniently located for that
particular dwelling; and
(iii) The applicable total parking stall requirement is met.
(c) The rear year setback may be reduced to zero feet to accommodate the garage.
(d) If the garage does not extend to the property line or alley, the dwelling unit above the
garage may be extended to the property line or alley.
(e) Dwellings with a wall facing an alley must provide at least one window facing the alley
to allow observation of the alley.
(4) Auto Courts.
(a) Auto courts are only allowed in a PRD. (b) Auto courts provide ingress and egress to a cluster of no more than six dwellings and access from a nonarterial street. Auto court design must be consistent with the city’s design guidelines
for auto courts.
(c) Auto courts shall be no less than 20 feet in width; provided, that if emergency services
access is required, the driving surface dimensions will comply with emergency vehicle access
requirements.
Marysville Municipal Code Title 22 UDC
Title 22C-23
(d) Auto courts shall be no greater than 150 feet in length, unless acceptable emergency
vehicle turnaround is provided and designed so vehicles will not back onto public streets. (e) Driveway length may be reduced to between three feet and six feet for garages when
at least two parking spaces are provided for the unit in addition to the garage. The additional parking
must be conveniently located to the dwelling.
(5) Facade and Driveway Cuts. If there is no alley access and the lot fronts on a public or
private street, living space equal to at least 50 percent of the garage facade shall be flush with or
projected forward of the garage, and the dwelling shall have entry, window and/or roofline design
treatment which emphasizes the house more than the garage. Where materials and/or methods such
as modulation, articulation, or other architectural elements such as porches, dormers, gables, or
varied roofline heights are utilized, the director or designee may waive or reduce the 50 percent
standard. Driveway cuts shall be no more than 80 percent of the lot frontage; provided, that the
director or designee may waive the 80 percent maximum if materials and/or methods to de-
emphasize the driveway, such as ribbon driveways, grasscrete surface, or accent paving are utilized.
(6) Privacy. Dwellings built on lots without direct frontage on the public street should be situated
to respect the privacy of abutting homes and to create usable yard space for the dwelling(s). The
review authority shall have the discretion to establish setback requirements that are different than
may otherwise be required in order to accomplish these objectives.
(7) Individual Identity. Home individuality will be achieved by the following: (a) Avoiding the appearance of a long row of homes by means such as angling houses, varied street setbacks, and varied architectural design features.
(b) Each dwelling unit shall have horizontal or vertical variation within each unit’s front
building face and between the front building faces of all adjacent units/structures to provide visual
diversity and individual identity to each unit. Upon building permit application, a plot plan of the entire
structure shall be provided by the builder to show compliance with this requirement. The director or
designee shall review and approve or deny the building design, which may incorporate variations in
roof lines, setbacks between adjacent buildings, and other structural variations.
(c) The same building plans cannot be utilized on consecutive lots. ―Flip-flopping‖ of plans
is not permitted; provided, that upon demonstration to the director that the alteration of building
facades would provide comparable visual diversity and individual identity to the dwelling units as
different building plans, this provision shall not apply. Materials and/or methods which may be utilized
to achieve visual diversity include, but are not limited to, use of differing siding material, building
modulations and roofline variations.
(8) Landscaping. Landscaping of a size and type consistent with the development will be
provided to enhance the streetscape. Landscaping will enhance privacy for dwellings on abutting lots and provide separation and buffering on easement access drives.
(9) Duplexes. Duplexes must be designed to architecturally blend with the surrounding single-
family dwellings and not be readily discernible as a duplex but appear to be a single-family dwelling.
22C.010.320 On-site recreation – Space required.
(1) Except when fees in lieu of commonly owned recreation space are provided pursuant to MMC
22C.010.330 through 22C.010.360, multiple-family developments in the R-12-28, P/I, or mixed use
zones shall provide outdoor or active recreation space, or a combination thereof, in accordance with
the following chart:
Type of dwelling unit Outdoor open space Active recreation facility
(a) Studio and one bedroom 90 square feet per unit 45 square feet per unit
(b) Two bedroom 130 square feet per unit 65 square feet per unit
(c) Three or more bedroom 170 square feet per unit 85 square feet per unit
(2) Any recreation space located outdoors shall:
(a) Be of a grade and surface suitable for recreation;
(b) Be on the site of the proposed development;
(c) Be one continuous parcel if less than 3,000 square feet in size, not to be located in the
front yard setback;
(d) Have no dimensions less than 30 feet (except trail segments);
Marysville Municipal Code Title 22 UDC
Title 22C-24
(e) In an apartment or townhome development, have a street roadway or parking area
frontage along 10 to 50 percent of the recreation space perimeter (except trail segments); and (f) Be centrally located and accessible and convenient to all residents within the
development.
(3) Indoor recreation areas may be credited towards the total recreation space requirement, when
the city determines that such areas are located, designed and improved in a manner which provides
recreational opportunities functionally equivalent to those recreational opportunities available
outdoors.
(4) Active recreation facilities may include, but are not limited to, exercise rooms, sport courts,
swimming pools, tennis courts, game rooms, or community centers. Outdoor open space shall not
include areas devoted to parking or vehicular access, and should be one continuous tract.
22C.010.330 On-site recreation – Play areas required.
(1) All apartment, and townhome development, excluding senior citizen apartments, shall provide
tot/children play areas within the recreation space on-site, except when facilities are available within
1/4 mile that are developed as public parks or playgrounds and are accessible without the crossing of
arterial streets.
(2) If any play apparatus is provided in the play area, the apparatus shall meet Consumer Product
Safety Standards for equipment, soft surfacing and spacing, and shall be located in an area that is: (a) At least 400 square feet in size with no dimension less than 20 feet; (b) Adjacent to main pedestrian paths or near building entrances; and
(c) Provides visual access from adjacent residential structures.
22C.010.340 On-site recreation – Maintenance of recreation space or
dedication.
(1) Unless the recreation space is dedicated to the city pursuant to subsection (2) of this section,
maintenance of any recreation space retained in private ownership shall be the responsibility of the
owner or other separate entity capable of long-term maintenance and operation in a manner
acceptable to the city.
(2) Recreation space may be dedicated as a public park when the following criteria are met:
(a) The dedicated area is at least 1.5 acres in size, except when adjacent to an existing or
planned public park;
(b) The dedicated land provides one or more of the following:
(i) Shoreline access,
(ii) Regional trail linkages, (iii) Habitat linkages,
(iv) Recreation facilities, or
(v) Heritage sites;
(c) The entire dedicated area is located less than one mile from the project site.
22C.010.350 On-site recreation – Fee in-lieu of recreation space.
Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of
providing on-site open space or recreation when a proposed development is located within 1,000 feet
of an existing or proposed recreational facility.
22C.010.360 On-site recreation – Acceptance criteria for fee in-lieu of
recreation space.
City of Marysville acceptance of this payment is discretionary, and may be permitted if:
(1) The proposed on-site recreation space does not meet the criteria of MMC 22C.010.340(2); or
(2) The recreation space provided within a public park in the vicinity will be of greater benefit to
the prospective residents of the development.
22C.010.370 Storage space and collection points for recyclables. Developments shall provide storage space for the collection of recyclables as follows:
(1) The storage space shall be provided at the rate of:
(a) One and one-half square feet per dwelling unit in multiple-dwelling developments
except where the development is participating in a public agency-sponsored or approved direct
collection program in which individual recycling bins are used for curbside collection;
Marysville Municipal Code Title 22 UDC
Title 22C-25
(b) Two square feet per every 1,000 square feet of building gross floor area in office,
educational and institutional developments; (2) The storage space for residential developments shall be apportioned and located in collection
points as follows:
(a) The required storage area shall be dispersed in collection points throughout the site
when a residential development comprises more than one building.
(b) There shall be one collection point for every 30 dwelling units.
(c) Collection points may be located within residential buildings, in separate
buildings/structures without dwelling units, or outdoors.
(d) Collection points located in separate buildings/structures or outdoors shall be no more
than 200 feet from a common entrance of a residential building.
(e) Collection points shall be located in a manner so that hauling trucks do not obstruct
pedestrian or vehicle traffic on-site, or project into any public right-of-way.
(3) The storage space for nonresidential development shall be apportioned and located in
collection points as follows:
(a) Storage space may be allocated to a centralized collection point.
(b) Outdoor collection points shall not be located in any required setback areas.
(c) Collection points shall be located in a manner so that hauling trucks do not obstruct
pedestrian or vehicle traffic on-site, or project into any public right-of-way. (d) Access to collection points may be limited, except during regular business hours and/or specified collection hours.
(4) The collection points shall be designed as follows:
(a) Dimensions of the collection points shall be of sufficient width and depth to enclose
containers for recyclables.
(b) Architectural design of any structure enclosing an outdoor collection point or any
building primarily used to contain a collection point shall be consistent with the design of the primary
structure(s) on the site.
(c) Collection points shall be identified by signs not exceeding two square feet.
(d) A six-foot wall or fence shall enclose any outdoor collection point, excluding collection
points located in industrial developments that are greater than 100 feet from residentially zoned
property.
(e) Enclosures for outdoor collection points and buildings used primarily to contain a
collection point shall have gate openings at least 12 feet wide for haulers. In addition, the gate
opening for any building or other roofed structure used primarily as a collection point shall have a
vertical clearance of at least 12 feet. (f) Weather protection of recyclables shall be ensured by using weather-proof containers
or by providing a roof over the storage area.
(5) Only recyclable materials generated on-site shall be collected and stored at such collection
points. Except for initial sorting of recyclables by users, all other processing of such materials shall be
conducted off-site.
22C.010.380 Fences
(1) Purpose.
The fence standards promote the positive benefits of fences without negatively affecting the
community or endangering public or vehicle safety. Fences can create a sense of privacy, protect
children and pets, provide separation from busy streets, and enhance the appearance of property by
providing attractive landscape materials. The negative effects of fences can include the creation of
street walls that inhibit police and community surveillance, decrease the sense of community, hinder
emergency access and the safe movement of pedestrians and vehicles, and create an unattractive
appearance.
(2) Types of fences.
(a) The standards apply to walls, fences, trellises, arbors and screens of all types whether open, solid, wood, metal, wire, masonry or other material. (b) No barbed or razor-wire fence shall be permitted, except for the following:
(i) Confinement of livestock.
(ii) Public facilities, transmitter and transformer sites.
(iii) Government installations where security or public safety is required.
(3) Height.
(a) Access Streets..
Marysville Municipal Code Title 22 UDC
Title 22C-26
(i) Front lot line: Four (4) feet solid or six (6) feet if entirely open-work fence.
(ii) Side lot line: Six (6) feet. (iii) Rear lot line: Six (6) feet.
(b) Arterial Streets.
(i) Front lot line: Six (6) feet; provided, that the top two (2) feet are constructed
as an open-work fence.
(ii) Side lot line: Six (6) feet.
(iii) Rear lot line: Six (6) feet.
(c) When a protective fence is located on top of a rockery, any portion of the fence above
a height of six (6) feet shall be an open-work fence.
(d) Open wire mesh or similar type fences may be erected in excess of the maximum
heights permitted in this code on the periphery of playgrounds associated with private and public
schools and parks, public facilities, transmitter and transformer sites, and government installations
where security or public safety is required.
(e) The height of a fence or freestanding wall, retaining wall or combination of the same,
shall be measured from its top surface, board, rail, or wire to the natural elevation of the ground on
which it stands.
(f) Where the finished grade is a different elevation on either side of a fence, the height
may be measured from the side having the highest elevation. (g) Administrative Variance. The Community Development Director shall have authority to administratively grant a
variance to increase the maximum height of side and rear lot line fences to eight (8) feet. The
Community Development Director is authorized to issue variances in cases of special hardships,
unique circumstances and practical difficulties. No variance shall be granted which would be
detrimental to the public health, welfare or environment. Each variance shall be considered on a case-
by-case basis, and shall not be construed as setting precedent for any subsequent application. The
decision of the Community Development Director on a variance application shall be final, subject to
appeal to the city hearing examiner, pursuant to the procedures in Chapter 22G.010 MMC Article VIII -
Appeals. Appeals shall be filed within 14 days of the written decision of the Community Development
Director. The following information will be considered in review of the variance request:
(i) The fence is designed and constructed so that is does not cause a public safety
hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks.
(ii) The applicant can demonstrate to the satisfaction of the Community
Development Director, or designee, that the increased fence height will not adversely affect adjacent
property owners or obstruct view corridors. (iii) The applicant provides written notification to immediately adjoining property
owners of the height and location of the proposed fence.
(iv) Fences greater than six (6) feet in height are required to obtain a city building
permit.
(4) Setbacks.
(a) Front lot line.
(i) Solid fences greater than four (4) feet in height, shall be set back at least
twenty (20) feet from the street right-of-way, except in the following circumstances:
(A) For a corner lot the twenty (20) foot setback shall only apply to the
street which provides primary access to the lot.
(B) This setback requirement may be waived or modified by the city
engineer or his designee if a fence is designed and constructed so that it does not cause a public
safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or
sidewalks.
(ii) A four (4) foot fence, or six (6) foot fence with the top two (2) feet
constructed as an open-work fence, may be constructed on the front property line, provided the fence
is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks. (b) Side lot line.
No setback requirement.
(c) Rear lot line.
No setback requirement
(d) For special rules relating to fences and walls near fire hydrants, see MMC 14.03.050(2)
and the International Fire Code.
Marysville Municipal Code Title 22 UDC
Title 22C-27
(5) Fence variances.
In considering a request for a modification of the fence requirements outlined in subsection (1) through (4) of this section, the hearing examiner shall consider the following factors:
(a) If the proposed fence is designed and constructed so that it does not cause a public
safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or
sidewalks;
(b) The proposed fence will not infringe upon or interfere with utility and/or access
easements or covenant rights or responsibilities;
(c) Other information which is relevant and necessary to make a determination as to the
validity of the request for variation. Such additional information may include site plans, elevation
drawings, and information concerning the surrounding properties and uses.
22C.010.390 Special limitations in the R-12-28 zones.
Where a single lot or a combination of lots under single ownership is developed with more
than one multiple-family residential building, such property shall not be subsequently subdivided
except when each division thereof complies with all requirements of applicable city codes and
ordinances.
22C.010.400 Duplex performance and design standards. All new duplexes located within any residential zone shall meet the following standards and regulations:
(1) Bulk and Setback Variation. Each duplex structure shall have horizontal or vertical variation
within each dwelling unit’s front building face and between the front building faces of all adjacent
units/structures to provide visual diversity to the duplex structures and individual identity to duplex
units. Upon building permit or conditional use permit (if required) application, a plot plan of the entire
structure in which each unit is located shall be provided by the builder to show compliance with this
requirement. The planning director shall review and approve or deny the building design which may
incorporate variations in roof lines, setbacks between adjacent buildings or lots, and other structural
variations. Where the applicant and the community development director are not able to reach
agreement on the provisions of the final building design, the dispute shall be submitted to the hearing
examiner in accordance with the procedures established in Chapter 22G.010 MMC, Land Use
Application Procedures.
(2) Building Plans. The same building plan cannot be utilized on consecutive lots. ―Flip-flopping‖
of plans is not permitted; provided, that upon demonstration to the planning director that the
alteration of building facades would provide comparable visual diversity and individual identity to the duplexes as different building plans, this provision shall not apply. Materials and/or methods which
may be utilized to achieve visual diversity include, but are not limited to use of differing siding
material, building modulations and roofline variations.
(3) Landscaping. At the time of application for a building permit or conditional use permit (if
required), the developer shall submit landscaping plans for, at a minimum all front and side setbacks
and common open space areas associated with the building for which permit application is made.
Landscaping shall consist of two native trees per unit, planted in the front yard, which are at least one
and one-half inch in caliper for deciduous or six feet in height for evergreen trees, plus a mixture of
trees, shrubs and groundcover as appropriate to the site. All required landscaping shall be installed in
accordance with the plans prior to issuance of an occupancy permit. Where applicable, street frontage
landscaping shall comply with the city’s streetscape plan.
(4) Orientation. Building orientation should be utilized as a method to provide visual diversity
and individual identity to the duplex structures; provided, that where physical or economic
considerations make such orientation impractical, this provision shall not apply.
22C.010.410 Nonconforming Situations
Existing developments that do not conform to the development standards of this chapter are subject to the standards of Chapter 22C.100 MMC, Nonconforming Situations.
22C.010.420 Parking and Loading
The standards pertaining to the required number of auto parking spaces, bicycle parking
spaces, parking lot placement, parking lot setbacks and internal parking lot pedestrian connections are
stated in Chapter 22C.130 MMC, Parking and Loading.
Marysville Municipal Code Title 22 UDC
Title 22C-28
22C.010.430 Signs
The sign standards are stated in Chapter 22C.160 MMC, Signs.
22C.010.440 Landscaping and Screening
The landscaping and screening standards are stated in Chapter 22C.120 MMC, Landscaping
and Screening.
22C.010.450 Planned Residential Developments
See Chapter 22G.080 MMC, Planned Residential Developments.
Marysville Municipal Code Title 22 UDC
Title 22C-29
Chapter 22C.020 COMMERCIAL, INDUSTRIAL, RECREATION AND PUBLIC
INSTITUTIONAL ZONES
Sections:
22C.020.010 Purpose .................................................................................... 29
22C.020.020 List of the Commercial, Industrial, Recreation and Public Institutional
Zones .......................................................................................30
22C.020.030 Characteristics of Commercial, Industrial, Recreation and Public
Institutional Zones ......................................................................30
22C.020.040 Additional Zoning Standards ........................................................32
22C.020.050 Commercial, Industrial, Recreation and Public Institutional Zones
Primary Uses .............................................................................32
22C.020.060 Permitted Uses. ..........................................................................33
22C.020.070 Permitted Uses – Development Conditions .....................................39
22C.020.080 Densities and Dimensions. ...........................................................42
22C.020.090 Densities and Dimensions – Development Conditions. .....................42
22C.020.100 Measurement methods. ...............................................................43
22C.020.110 Calculations – Allowable dwelling units. .........................................43
22C.020.120 Calculations – Site area used for density calculations. .....................43 22C.020.130 Lot area – Prohibited reduction. ....................................................43 22C.020.140 Setbacks – Specific building or use. ..............................................43
22C.020.150 Setbacks – Modifications. ............................................................43
22C.020.160 Setbacks – From regional utility corridors. .....................................44
22C.020.170 Setbacks – From alleys. ..............................................................44
22C.020.180 Setbacks – Adjoining half-street or designated arterial. ...................44
22C.020.190 Height – Exceptions to limits. .......................................................44
22C.020.200 Lot divided by zone boundary. .....................................................44
22C.020.210 Sight distance requirements.........................................................44
22C.020.220 Building setbacks – Dwellings above ground floor of commercial uses.
................................................................................................45
22C.020.230 Commercial, Industrial, Recreation and Public Institutional Zones –
Purpose .....................................................................................45
22C.020.240 Commercial, Industrial, Recreation and Public Institutional Zones
Design Requirements – Applicability and interpretations. .................45
22C.020.250 Site and building design standards. ...............................................46 22C.020.260 Commercial, multiple-family, townhome, and group residences –
Vehicular access and parking location. ..........................................49
22C.020.270 On-site recreation – Space required. .............................................50
22C.020.280 On-site recreation – Play areas required. .......................................50
22C.020.290 On-site recreation – Maintenance of recreation space or dedication...50
22C.020.300 On-site recreation – Fee in-lieu of recreation space. ........................51
22C.020.310 On-site recreation – Acceptance criteria for fee in-lieu of recreation
space. .......................................................................................51
22C.020.320 Storage space and collection points for recyclables. ........................51
22C.020.330 Fences ......................................................................................52
22C.020.340 Special limitations in the business and commercial zones. ...............53
22C.020.350 Special limitations in the industrial zones. ......................................53
22C.020.360 Nonconforming Situations ............................................................53
22C.020.370 Parking and Loading ...................................................................53
22C.020.380 Signs ........................................................................................53
22C.020.390 Landscaping and Screening ..........................................................53
22C.020.010 Purpose The commercial, industrial, recreation and public institutional zone categories implement the
commercial, industrial and recreational goals and policies and land use plan map designation of the
comprehensive plan. The zones are for areas of the City designated by the comprehensive plan for
commercial, industrial and recreational uses. The difference in the zoning categories reflects the
diversity of commercial, industrial and recreation areas in the City. The zones are distinguished by the
uses allowed and the intensity of development allowed. A wide range of uses is allowed in each zone.
Marysville Municipal Code Title 22 UDC
Title 22C-30
Limits on the intensity of uses and the development standards promote the desired character for the
commercial, industrial or recreational area. The development standards are designed to allow a large degree of development flexibility within parameters that support the intent of the specific zone. The
standards are intended to provide certainty to property owners, developers and neighbors about the
limits of what is allowed in the various zoning categories.
22C.020.020 List of the Commercial, Industrial, Recreation and Public
Institutional Zones
The full names, short names and map symbols of the single-family and higher density
residential zones are listed below.
Full Name Short Name/Map Symbol
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
Whiskey Ridge WR (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)
22C.020.030 Characteristics of Commercial, Industrial, Recreation and Public Institutional Zones
(1) Neighborhood business zone.
(a) The purpose of the neighborhood business zone (NB) is to provide convenient daily
retail and personal services for a limited service area and to minimize impacts of commercial activities
on nearby properties. These purposes are accomplished by:
(i) Limiting nonresidential uses to those retail or personal services which can
serve the everyday needs of a surrounding residential area;
(ii) Allowing for a mix of housing and retail/service uses; and
(iii) Excluding industrial and community/regional business-scaled uses.
(b) Use of this zone is appropriate in neighborhood centers designated by the
comprehensive plan which are served at the time of development by adequate public sewers, water
supply, roads and other needed public facilities and services.
(2) Community business zone.
(a) The purpose of the community business zone (CB) is to provide convenience and comparison retail and personal services for local service areas which exceed the daily convenience needs of adjacent neighborhoods but which cannot be served conveniently by larger activity centers,
and to provide retail and personal services in locations within activity centers that are not appropriate
for extensive outdoor storage or auto-related and industrial uses. These purposes are accomplished
by:
(i) Providing for limited small-scale offices as well as a wider range of the retail,
professional, governmental and personal services than are found in neighborhood business areas;
(ii) Allowing for a mix of housing and retail/service uses; and
(iii) Excluding commercial uses with extensive outdoor storage or fabrication and
industrial uses.
Marysville Municipal Code Title 22 UDC
Title 22C-31
(b) Use of this zone is appropriate in community commercial areas that are designated by
the comprehensive plan and are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(3) General commercial zone.
(a) The purpose of the general commercial zone (GC) is to provide for the broadest mix of
commercial, wholesale, service and recreation/cultural uses with compatible storage and fabrication
uses, serving regional market areas and offering significant employment. These purposes are
accomplished by:
(i) Encouraging compact development that is supportive of transit and pedestrian
travel, through higher nonresidential building heights and floor area ratios than those found in CB
zoned areas;
(ii) Allowing for outdoor sales and storage, regional shopping areas and limited
fabrication uses; and
(iii) Concentrating large-scale commercial and office uses to facilitate the efficient
provision of public facilities and services.
(b) Use of this zone is appropriate in general commercial areas that are designated by the
comprehensive plan that are served at the time of development by adequate public sewers, water
supply, roads and other needed public facilities and services.
(4) Downtown commercial zone. (a) The purpose of the downtown commercial zone (DC) is to provide for the broadest mix of comparison retail, service and recreation/cultural uses with higher density residential uses, serving
regional market areas and offering significant employment. These purposes are accomplished by:
(i) Encouraging compact development that is supportive of transit and pedestrian
travel, through higher nonresidential building heights and floor area ratios than those found in GC
zoned areas;
(ii) Allowing for regional shopping areas, and limited fabrication uses; and
(iii) Concentrating large-scale commercial and office uses to facilitate the efficient
provision of public facilities and services.
Use of this zone is appropriate in downtown commercial areas that are designated by the
comprehensive plan that are served at the time of development by adequate public sewers, water
supply, roads and other needed public facilities and services.
(5) Mixed use zone.
(a) The purpose of the mixed use zone (MU) is to provide for pedestrian and transit-
oriented high-density employment uses together with limited complementary retail and higher density
residential development in locations within activity centers where the full range of commercial activities is not desirable. These purposes are accomplished by:
(i) Allowing for uses that will take advantage of pedestrian-oriented site and
street improvement standards;
(ii) Providing for higher building heights and floor area ratios than those found in
the CB zone;
(iii) Reducing the ratio of required parking to building floor area;
(iv) Allowing for on-site convenient daily retail and personal services for employees
and residents; and
(v) Minimizing auto-oriented, outdoor or other retail sales and services which do
not provide for the daily convenience needs of on-site and nearby employees or residents.
(b) Use of this zone is appropriate in areas designated by the comprehensive plan for
mixed use, or mixed use overlay, which are served at the time of development by adequate public
sewers, water supply, roads and other needed public facilities and services.
(6) Light industrial zone.
(a) The purpose of the light industrial zone (LI) is to provide for the location and grouping
of non-nuisance-generating industrial enterprises and activities involving manufacturing, assembly,
fabrication, processing, bulk handling and storage, research facilities, warehousing and limited retail uses. It is also a purpose of this zone to protect the industrial land base for industrial economic development and employment opportunities. These purposes are accomplished by:
(i) Allowing for a wide range of industrial and manufacturing uses;
(ii) Establishing appropriate development standards and public review procedures
for industrial activities with the greatest potential for adverse impacts; and
(iii) Limiting residential, institutional, service, office and other nonindustrial uses to
those necessary to directly support industrial activities.
Marysville Municipal Code Title 22 UDC
Title 22C-32
(b) Use of this zone is appropriate in light industrial areas designated by the
comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(7) General industrial zone.
(a) The purpose of the general industrial zone (GI) is to provide for the location and
grouping of industrial enterprises and activities involving manufacturing, assembly, fabrication,
processing, bulk handling and storage, research facilities, warehousing and heavy trucking and
equipment but also for commercial uses having special impacts and regulated by other chapters of this
title. It is also a purpose of this zone to protect the industrial land base for industrial economic
development and employment opportunities. These purposes are accomplished by:
(i) Allowing for a wide range of industrial and manufacturing uses;
(ii) Establishing appropriate development standards and public review procedures
for industrial activities with the greatest potential for adverse impacts; and
(iii) Limiting residential, institutional, service, office and other nonindustrial uses to
those necessary to directly support industrial activities.
(b) Use of this zone is appropriate in general industrial areas designated by the
comprehensive plan which are served at the time of development by adequate public sewers, water
supply, roads and other needed public facilities and services.
(8) Business park zone. (a) The purpose of the business park zone (BP) is to provide for those business/industrial uses of a professional office, wholesale, and manufacturing nature which are capable of being
constructed, maintained and operated in a manner uniquely designed to be compatible with adjoining
residential, retail commercial or other less intensive land uses, existing or planned. Strict zoning
controls must be applied in conjunction with private covenants and unified control of land; many
business/industrial uses otherwise provided for in the development code will not be suited to the BP
zone due to an inability to comply with its provisions and achieve compatibility with surrounding uses.
(b) Use of this zone is appropriate in business park areas designated by the
comprehensive plan which are served at the time of development by adequate public sewers, water
supply, roads and other needed public facilities and services.
(9) Recreation zone.
(a) The purpose of the recreation zone (REC) is to establish areas appropriate for public
and private recreational uses. Recreation would permit passive as well as active recreational uses such
as sports fields, ball courts, golf courses, and waterfront recreation, but not hunting. This zone would
also permit some resource land uses related to agriculture and fish and wildlife management.
(b) This recreation zone is applied to all land designated as ―Recreation‖ on the comprehensive plan map.
(10) Public/institutional zone.
(a) The purpose of the public/institutional (P/I) land use zone is to establish a zone for
governmental buildings, churches and public facilities.
(b) This public/institutional zone is applied to all land designated as ―public/institutional‖
on the comprehensive plan map.
(11) Small farms overlay zone.
(a) The purpose of the small farms overlay zone (-SF suffix to zone’s map symbol) is to
provide a process for registering small farms, thereby applying the small farms overlaying zone and
recording official recognition of the existence of the small farm, and to provide encouragement, for the
preservation of such farms, as well as encouraging good neighbor relations between single-family and
adjacent development.
(b) Use of this zone is appropriate for existing and newly designated small farms.
22C.020.040 Additional Zoning Standards
The standards in this chapter state the allowed uses and development standards for the base
zones. Sites with overlay zones, sub-area or master plans are subject to additional standards. The official zoning maps indicate which sites are subject to these additional standards.
22C.020.050 Commercial, Industrial, Recreation and Public Institutional
Zones Primary Uses
(1) Permitted Uses (P).
Uses permitted in the Commercial, Industrial, Recreation and Public Institutional zones are
listed in MMC 22C.020.060 with a "P." These uses are allowed if they comply with the development
Marysville Municipal Code Title 22 UDC
Title 22C-33
standards and other standards of this chapter.
(2) Conditional Uses (C). Uses that are allowed if approved through the conditional use review process are listed in MMC
22C.020.060 with a "C." These uses are allowed provided they comply with the conditional use
approval criteria for that use, the development standards and other standards of this chapter. Uses
listed with a "C" that also have a footnote number in the table are subject to the standards cited in the
footnote. The conditional use review process and approval criteria are stated in Chapter 22G.010
MMC.
(3) Uses Not Permitted.
If no symbol appears in the box at the intersection of the column and the row, the use is not
permitted in that district, except for certain temporary uses.
(4) If a number appears in the box at the intersection of the column and the row, the use may be
allowed subject to the appropriate review process indicated above, the general requirements of the
code and the specific conditions indicated in the development condition with the corresponding
number are listed in MMC 22C.020.070.
(5) If more than one letter-number combination appears in the box at the intersection of the
column and the row, the use is allowed in that zone subject to different sets of limitation or conditions
depending on the review process indicated by the letter, the general requirements of the code and the
specific conditions indicated in the development condition with the corresponding number are listed in MMC 22C.020.070. (6) All applicable requirements shall govern a use whether or not they are cross-referenced in a
section.
22C.020.060 Permitted Uses.
Residential land uses
Specific Land Use NB CB
(63) GC DC MU
(63) BP LI GI REC P/I
Dwelling Units, Types:
Townhouse P6 P
Multiple-family C4 P4, C5 P4, C5 P4, P6 P
Mobile home P7 P7 P7 P7 P7 P7 P7 P7
Senior citizen assisted P C P
Caretaker’s quarters (3) P P P P P P P
Group Residences:
Adult family home P P P P P P
Convalescent, nursing, retirement C P P P P P
Residential care facility P P P P P P
Master planned senior
community (10) C C C C C C
Accessory Uses:
Home occupation (2) P8 P8, P9 P8, P9 P8, P9 P8, P9 P9 P9 P9
Temporary Lodging:
Hotel/motel P P P P P P P
Bed and breakfast guesthouse (1)
Bed and breakfast inn (1) P P P
Recreation/Cultural Land Uses
Specific Land Use NB CB
(63) GC DC MU
(63) BP LI GI REC P/I
Marysville Municipal Code Title 22 UDC
Title 22C-34
Park/Recreation:
Park P11 P P P P P P P P11 P
Marina P P C P
Dock and boathouse, private,
noncommercial P P P16 P
Recreational vehicle park C12 C12 C P
Boat launch, commercial or
public P P P
Boat launch, noncommercial or
private P P P17 P
Community center P P P P P P P P P P
Amusement/Entertainment:
Theater P P P P
Theater, drive-in C
Amusement and recreation
services P18 P18 P18 P19 P P C
Sports club P P P P P P P P
Golf facility (13) P P P P P C
Shooting range (14) P15 P15 P15
Outdoor performance center C C C C
Riding academy P P C
Cultural:
Library, museum and art
gallery P P P P P P P P C P
Church, synagogue and temple P P P P P P P P P
Dancing, music and art center P P P P C P
General Services Land Uses
Specific Land Use NB CB
(63) GC DC MU
(63) BP LI GI REC P/I
Personal Services:
General personal service P P P P P P P P
Dry cleaning plant P P P
Dry cleaning pick-up station and retail service P P P P P25 P P
Funeral home/crematory P P P P26 P P P
Cemetery, columbarium or mausoleum P24 P24 P24 C20 P P P
Day care I P P P P P21
Day care II P P P P P P21 P21
Veterinary clinic P P P P P P P P
Automotive repair and service P22 C, P28 P P P P
Electric Vehicle (EV) Charging Station (64) P P P P P P P P P P
EV Rapid Charging Station (65), (66) P P P P(67) P(67) P P
EV Battery Exchange Station P P P
Marysville Municipal Code Title 22 UDC
Title 22C-35
Miscellaneous repair P P P P
Social services P P P P P
Kennel, commercial and exhibitor/breeding P P C P P
Civic, social and fraternal association P P P C P P P
Club (community, country, yacht, etc.) P P P
Health Services:
Medical/dental clinic P P P P P P
Hospital P P P C C
Education Services:
Elementary, middle/junior
high, and senior high
(including public, private and parochial)
C C C C P C C
Commercial school P P P P27 C
School district support facility C P P P P P P P
Interim recycling facility P23 P23 P P
Vocational school P P P P27 P
Government/Business Service Land Uses
Specific Land Use NB CB
(63) GC DC MU
(63) BP LI GI REC P/I
Government Services:
Public agency office P P P P P P P P P
Public utility yard P P P
Public safety facilities, including police and fire P29 P P P P P P
Utility facility P P P C P P P P
Private stormwater management facility P P P P P P P P P
Public stormwater management facility P P P P P P P P P
Business Services:
Contractors’ office and storage
yard P30 P30 P30 P P
Taxi stands P P
Trucking and courier service P31 P31 P P
Warehousing and wholesale
trade P P P P
Mini-storage (36) P P P P
Freight and cargo service P P P P
Cold storage warehousing P P
General business service and
office P P P P P30 P P P
Commercial vehicle storage P P P
Professional office P P P P P P P
Marysville Municipal Code Title 22 UDC
Title 22C-36
Miscellaneous equipment rental P30, 37 C38 P30, 37 P P
Automotive rental and leasing P P
Automotive parking P P P P P P P P
Research, development and
testing P P P P
Heavy equipment and truck repair P P
Automobile holding yard C P P
Commercial/industrial
accessory uses P39, 40 P39 P39 P39, 40 P39, 40 P P P
Adult facility P33
Factory-built commercial
building (35) P P P P P P P
Wireless communication facility
(32) P, C P, C P, C P, C P, C P, C P, C P, C P, C
Retail/Wholesale Land Uses
Specific Land Use NB CB (63) GC DC MU (63) BP LI GI REC P/I
Building, hardware and garden
materials P47 P P P P47 P P
Forest products sales P P P
Department and variety stores P P P P P P
Food stores P P P P P45 P
Agricultural crop sales P P C P
Storage/retail sales, livestock
feed P P
Motor vehicle and boat dealers P P P P
Motorcycle dealers C P P49 P P
Gasoline service stations P P P P P P
Eating and drinking places P41 P P P P46 P P P
Drug stores P P P P P P P
Liquor stores P P
Used goods: antiques/secondhand shops P P P P
Sporting goods and related stores P P P P
Book, stationery, video and art
supply stores P P P P P
Jewelry stores P P P P
Hobby, toy, game shops P P P P P
Photographic and electronic shops P P P P P
Fabric and craft shops P P P P P
Fuel dealers P43 P43 P43 P43
Florist shops P P P P P
Pet shops P P P P P
Marysville Municipal Code Title 22 UDC
Title 22C-37
Tire stores P P P P P
Bulk retail P P P
Auction houses P42 P
Truck and heavy equipment
dealers P P
Mobile home and RV dealers C P P
Retail stores similar to those
otherwise named on this list P P P P P48 P44 P44 P44
Automobile wrecking yards C P
Manufacturing Land Uses
Specific Land Use NB CB (63) GC DC MU (63) BP LI GI REC P/I
Food and kindred products P50, 52 P50 P50 P
Winery/brewery P53 P P53 P53 P P
Textile mill products P P
Apparel and other textile
products C P P
Wood products, except
furniture P P P
Furniture and fixtures P P P
Paper and allied products P P
Printing and publishing P51 P51 P P51 P P P
Chemicals and allied products C C
Petroleum refining and related
industries C C
Rubber and misc. plastics
products P P
Leather and leather goods C C
Stone, clay, glass and concrete
products P P
Primary metal industries C P
Fabricated metal products C P P P
Industrial and commercial machinery C P
Heavy machinery and equipment C P
Computer and office
equipment C P
Electronic and other electric
equipment C P
Railroad equipment C P
Miscellaneous light manufacturing P54 P P
Motor vehicle and bicycle manufacturing C P
Aircraft, ship and boat building C P
Tire retreading C P
Marysville Municipal Code Title 22 UDC
Title 22C-38
Movie production/distribution P P
Resource Land Uses
Specific Land Use NB CB (63) GC DC MU (63) BP LI GI REC P/I
Agriculture:
Growing and harvesting crops P P P P
Raising livestock and small
animals P P P P
Greenhouse or nursery,
wholesale and retail P P P P C
Farm product processing P P
Forestry:
Growing and harvesting forest products P
Forest research P
Wood waste recycling and storage C C
Fish and wildlife management:
Hatchery/fish preserve (55) P P P C
Aquaculture (55) P P C
Wildlife shelters C C P
Mineral:
Processing of minerals P P
Asphalt paving mixtures and block P P
Regional Land Uses
Specific Land Use NB CB
(63) GC DC MU
(63) BP LI GI REC P/I
Jail C C C C
Regional storm water
management facility C C C C C C P
Public agency animal control
facility C P P C
Public agency training facility C56 C56 C56 C57 C57
Nonhydroelectric generation
facility C C C C C C
Energy resource recovery
facility C
Soil recycling/incineration
facility C C
Solid waste recycling C C
Transfer station C C C
Wastewater treatment facility C C C C
Transit bus base C P C
Transit park and pool lot P P P P P P P P P
Transit park and ride lot P P P P P P P P C
Marysville Municipal Code Title 22 UDC
Title 22C-39
School bus base C C C P C58
Racetrack C59 C59 C P
Fairground P P P C
Zoo/wildlife exhibit C C C
Stadium/arena C C P C
College/university C P P P P P P P C
Secure community transition
facility C60
Opiate substitution treatment
program facilities P61, 62 P61, 62 P61, 62 P62 P62
22C.020.070 Permitted Uses – Development Conditions
(1) Bed and breakfast guesthouses and inns are subject to the requirements and standards
contained in Chapter 22C.210 MMC, Bed and Breakfasts.
(2) Home occupations are subject to the requirements and standards contained in Chapter
22C.190 MMC, Home Occupations.
(3) Limited to one dwelling unit for the purposes of providing on-site service and security of a
commercial or industrial business.
(4) All units must be located above a street-level commercial use.
(5) 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.
(6) Permitted on the ground floor in the southwest sector of downtown vision plan area, as
incorporated into the city of Marysville comprehensive plan.
(7) Mobile homes are only allowed in existing mobile home parks established prior to October 16,
2006.
(8) Home occupations are limited to home office uses in multifamily dwellings. No signage is
permitted in townhouse or multifamily dwellings.
(9) Permitted in a legal nonconforming or conforming residential structure.
(10) Subject to Chapter 22C.220 MMC, Master Planned Senior Communities.
(11) The following conditions and limitations shall apply, where appropriate:
(a) Parks are permitted in residential and mixed use zones when reviewed as part of a
subdivision or multiple-family development proposal; otherwise a conditional use permit is required;
(b) Lighting for structures and fields shall be directed away from residential areas; and
(c) Structures or service yards shall maintain a minimum distance of 50 feet from
property lines adjoining residential zones. (12) Recreational vehicle parks are subject to the requirements and conditions of Chapter 22C.240 MMC.
(13)
(a) Structures, driving ranges and lighted areas shall maintain a minimum distance of 50
feet from property lines adjoining residential zones.
(b) Restaurants are permitted as an accessory use to a golf course.
(14)
(a) Structures and ranges shall maintain a minimum distance of 50 feet from property
lines adjoining residential zones;
(b) Ranges shall be designed to prevent stray or ricocheting projectiles or pellets from
leaving the property; and
(c) Site plans shall include safety features of the range; provisions for reducing noise
produced on the firing line; and elevations of the range showing target area, backdrops or butts.
(15) Only in an enclosed building.
(16)
(a) The height of any covered over-water structure shall not exceed 20 feet as measured from the line of ordinary high water;
(b) The total roof area of covered, over-water structures shall not exceed 1,000 square feet;
Marysville Municipal Code Title 22 UDC
Title 22C-40
(c) The entirety of such structures shall have not greater than 50 percent of the width of
the lot at the natural shoreline upon which it is located; (d) No over-water structure shall extend beyond the average length of all preexisting
over-water structures along the same shoreline and within 300 feet of the parcel on which proposed.
Where no such preexisting structures exist within 300 feet, the pier length shall not exceed 50 feet;
(e) Structures permitted hereunder shall not be used as a dwelling; and
(f) Covered structures are subject to a minimum setback of five feet from any side lot line
or extension thereof. No setback from adjacent properties is required for any uncovered structure, and
no setback from water is required for any structure permitted hereunder.
(17)
(a) The city may regulate, among other factors, required launching depth, and length of
docks and piers;
(b) Safety buoys shall be installed and maintained separating boating activities from other
water-oriented recreation and uses where this is reasonably required for public safety, welfare and
health; and
(c) All site improvements for boat launch facilities shall comply with all other requirements
of the zone in which it is located.
(18) Excluding racetrack operation.
(19) Amusement and recreation services shall be a permitted use if they are located within an enclosed building, or a conditional use if located outside. In both instances they would be subject to the exclusion of a racetrack operation similar to other commercial zones.
(20) Structures shall maintain a minimum distance of 100 feet from property lines adjoining
residential zones.
(21) Permitted as an accessory use; see MMC 22A.020.020 ―accessory use, commercial/ industrial‖.
(22) Only as an accessory to a gasoline service station; see retail and wholesale permitted use
table.
(23) All processing and storage of material shall be within enclosed buildings and excluding yard
waste processing.
(24) Limited to columbariums accessory to a church; provided, that existing required landscaping
and parking are not reduced.
(25) Drive-through service windows in excess of one lane are prohibited in Planning Area 1.
(26) Limited to columbariums accessory to a church; provided, that existing required landscaping
and parking are not reduced.
(27) All instruction must be within an enclosed structure.
(28) Car washes shall be permitted as an accessory use to a gasoline service station. (29)
(a) All buildings and structures shall maintain a minimum distance of 20 feet from
property lines adjoining residential zones;
(b) Any buildings from which fire-fighting equipment emerges onto a street shall maintain
a distance of 35 feet from such street.
(30) Outdoor storage of materials or vehicles must be accessory to the primary building area and
located to the rear of buildings. Outdoor storage is subject to an approved landscape plan that
provides for effective screening of storage, so that it is not visible from public right-of-way or
neighboring properties.
(31) Limited to self-service household moving truck or trailer rental accessory to a gasoline service
station.
(32) All WCFs and modifications to WCFs are subject to Chapter 22C.250 MMC including but not
limited to the siting hierarchy, MMC 22C.250.060. WCFs may be a permitted use or a CUP may be
required subject to MMC 22C.250.040.
(33) Subject to the conditions and requirements listed in Chapter 22C.030 MMC.
(35) A factory-built commercial building may be used for commercial purposes subject to the
following requirements: (a) A factory-built commercial building must be inspected at least two times at the factory by the State Building and Electrical Inspector during the construction process, and must receive a
state approval stamp certifying that it meets all requirements of the Uniform Building and Electrical
Codes. At the building site, the city building official will conduct foundation, plumbing and final
inspections; and
(b) A factory-built commercial building cannot be attached to a metal frame allowing it to
be mobile. All structures must be placed on a permanent, poured-in-place foundation. The foundation
Marysville Municipal Code Title 22 UDC
Title 22C-41
shall be structurally engineered to meet the requirements set forth in Chapter 16 of the Uniform
Building Code. (36) Mini-storage facilities are subject to the development standards outlined in Chapter 22C.170
MMC.
(37) Except heavy equipment.
(38) With outdoor storage and heavy equipment.
(39) Incidental assembly shall be permitted; provided, it is limited to less than 20 percent of the
square footage of the site excluding parking.
(40) Light industrial uses may be permitted; provided, there is no outdoor storage of materials,
products or vehicles.
(41) Excluding drinking places such as taverns and bars and adult entertainment facilities.
(42) Excluding vehicle and livestock auctions.
(43) If the total storage capacity exceeds 6,000 gallons, a conditional use permit is required.
(a) Limited to 4,000 square feet or less.
(b) Drive-through service windows in excess of one lane are prohibited in Planning Area 1.
However, interim uses that occupy less than 20 percent of the property on underdeveloped parcels
may have more than one lane; provided, that upon further development of the property the interim
use is either removed or brought into conformity with the mixed use standards.
(c) Taverns, bars, lounges, etc., are required to obtain a conditional use permit. (44) The retail sale of products manufactured on site shall be permitted, provided, that not more than 20% of the constructed floor area in any such development may be devoted to such retail use.
(45) Limited to 5,000 square feet or less.
(46)
(a) Limited to 4,000 square feet or less.
(b) Drive-through service windows in excess of one lane are prohibited in Planning Area 1.
(c) Taverns, bars, lounges, etc., are required to obtain a conditional use permit.
(47) Limited to hardware and garden supply stores.
(48) Limited to convenience retail, such as video, and personal and household items.
(49) Provided there is no outdoor storage and/or display of any materials, products or vehicles.
(50) Except slaughterhouses.
(51) Limited to photocopying and printing services offered to the general public.
(52) Limited to less than 10 employees.
(53) In conjunction with an eating and drinking establishment.
(54) Provided there is no outdoor storage and/or display of any materials, products or vehicles.
(55) May be further subject to the provisions of city of Marysville shoreline management program. (56) Except weapons armories and outdoor shooting ranges.
(57) Except outdoor shooting ranges.
(58) Only in conjunction with an existing or proposed school.
(59) Except racing of motorized vehicles.
(60) Limited to land located along east side of 47th Avenue NE alignment, in the east half of the
northeast quarter of Section 33, Township 30N, Range 5E, W.M., and in the northeast quarter of the
southeast quarter of Section 33, Township 30N, Range 5E, W.M., and land located east side of SR
529, north of Steamboat Slough, south and west of Ebey Slough (aka TP# 300533-002-004-00) and
in the northwest and southwest quarters of Section 33, Township 30N, Range 5E, W.M., as identified
in Exhibit A, attached to Ordinance No. 2452.
(61) Opiate substitution treatment program facilities permitted within commercial zones are subject
to Chapter 22G.070 MMC, Siting Process for Essential Public Facilities.
(62) Opiate substitution treatment program facilities, as defined in MMC 22A.020.160, are subject
to the standards set forth below:
(a) Shall not be established within 300 feet of an existing school, public playground, public
park, residential housing area, child-care facility, or actual place of regular worship established prior to
the proposed treatment facility. (b) Hours of operation shall be restricted to no earlier than 6:00 a.m. and no later than 7:00 p.m. daily.
(c) The owners and operators of the facility shall be required to take positive ongoing
measures to preclude loitering in the vicinity of the facility.
(63) Permitted uses include Whiskey Ridge zones.
(64) Level 1 and Level 2 charging only.
(65) The term ―Rapid‖ is used interchangeably with Level 3 and Fast Charging.
Marysville Municipal Code Title 22 UDC
Title 22C-42
(66) Rapid (Level 3) Charging Stations are required to comply with the design and landscaping
standards outlined in Section 22C.020.270 MMC. (67) Rapid (Level 3) Charging Stations are required to be placed within a parking garage.
22C.020.080 Densities and Dimensions.
(1) Interpretation of tables.
(a) MMC 22C.020.080(2) contain general density and dimension standards for the various
zones and limitations specific to a particular zone(s). Additional rules and exceptions, and
methodology are set forth in MMC 22C.020.090.
(b) The density and dimension table is arranged in a matrix format and are delineated into
the commercial, industrial, recreation and public institutional use categories.
(c) Development standards are listed down the left side of both tables, and the zones are
listed at the top. The matrix cells contain the minimum dimensional requirements of the zone. The
parenthetical numbers in the matrix identify specific requirements applicable either to a specific use or
zone. A blank box indicates that there are no specific requirements. If more than one standard
appears in a cell, each standard will be subject to any applicable parenthetical footnote set forth in
MMC 22C.020.090.
(2) General Densities and Dimension Standards.
Standards NB CB GC DC MU
(12) LI GI BP REC P/I
WR-
MU (15)
WR-
CB (15)
Base density:
Dwelling
unit/acre
(18) 12 12 12 28
(1) - - - - - 12 -
Maximum
density: Dwelling unit/acre
- None (13) None (13) None 34 (2) - - - - - 18 (13) -
Minimum street
setback
(3)
20’ None
(7)
None
(7)
None
(7)
None
(7, 8)
None
(7)
None
(7)
None
(7) 20’ None
(7, 8)
None
(7, 8,
14)
None
(7,
14)
Minimum interior
setback
10’
(side) 20’
(rear)
None (4) None (4) None (4) 5’ (9)
None
(4) 50’
(5)
None
(4) 50’
(5)
- None (4) None (4)
5’ (9, 16,
17)
None (4)
Base
height (6) 25’ 55’ 35’ 85’ 45’, 65’
(10) 65’ 65’ 45’ 35’ 45’ 45’ 55’
Maximum
Impervious
surface: Percentage
75% 85% 85% 85%
85%,
75%
(11)
75% 85% 85% 35% 75%
85%,
75%
(11)
85%
22C.020.090 Densities and Dimensions – Development Conditions. (1) These densities are allowed only through the application of mixed use development standards. (2) These densities may only be achieved in the downtown portion of Planning Area 1 through the
application of residential density incentives. See Chapter 22C.090 MMC.
(3) Gas station pump islands shall be placed no closer than 25 feet to street front lines. Pump
island canopies shall be placed no closer than 15 feet to street front lines.
(4) A 25-foot setback is required on property lines adjoining residentially designated property.
(5) A 50-foot setback only required on property lines adjoining residentially designated property
for industrial uses established by conditional use permits, otherwise no specific interior setback
requirement.
(6) Height limits may be increased when portions of the structure building which exceed the base
height limit provide one additional foot of street and interior setback beyond the required setback for
each foot above the base height limit.
(7) Subject to sight distance review at driveways and street intersections.
(8) A 20-foot setback is required for multiple-family structures outside of the downtown portion of
Planning Area 1.
Marysville Municipal Code Title 22 UDC
Title 22C-43
(9) A 15-foot setback is required for (a) commercial or multiple-family structures on property lines
adjoining single-family residentially designated property, and (b) a rear yard of a multi-story residential structure otherwise no specific interior setback requirement. Interior setbacks may be
reduced where features such as critical area(s) and buffer(s), public/private right-of-way or access
easements, or other conditions provide a comparable setback or separation from adjoining uses.
(10) The 65-foot base height applies only to the downtown portion of Planning Area 1. The 45-foot
base height applies to the southeast sector of the downtown vision plan area, as incorporated into the
city of Marysville comprehensive plan.
(11) The 85 percent impervious surface percentage applies to commercial developments, and the
75 percent rate applies to multiple-family developments.
(12) Reduced building setbacks and height requirements may be approved on a case-by-case basis
to provide flexibility for innovative development plans; provided, that variance requests which are
greater than 10 percent of the required setback shall be considered by the hearing examiner.
(13) Subject to the application of the residential density incentive requirements of Chapter 22C.090
MMC.
(14) Required landscaping setbacks for developments on the north side of Soper Hill Road are 25
feet from the edge of sidewalk.
(15) Projects with split zoning (two or more distinct land use zones) may propose a site plan to
density average or adjust the zone boundaries using topography, access, critical areas, or other site characteristics in order to provide a more effective transition. (16) Townhome setbacks are reduced to zero on an interior side yard setback where the units have
a common wall for zero lot line developments.
(17) Townhome setbacks are reduced to five feet on side yard setbacks provided the buildings
meet a 10-foot separation between structures.
(18) There is no minimum or maximum density for this zone. Residential units are permitted if
located above a ground-level commercial use.
22C.020.100 Measurement methods.
The following provisions shall be used to determine compliance with this title:
(1) Street setbacks shall be measured from the existing edge of a street right-of-way or
temporary turnaround or in the case of a substandard street, the setbacks shall be measured from the
edge of the ultimate right-of-way section planned for the street, except as provided by MMC 22C.020.180; (2) Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation,
five-foot (or less) wide pedestrian walkways or surface water retention/detention facilities.
22C.020.110 Calculations – Allowable dwelling units.
Permitted number of dwelling units shall be determined as follows:
(1) The maximum allowed number of dwelling units shall be computed by multiplying the gross
project area (in acres) by the applicable density.
(2) When calculations result in a fraction, the fraction shall be rounded to the nearest whole
number as follows:
(a) Fractions of 0.50 or above shall be rounded up, provided this will not exceed the base
density by more than 10 percent; and
(b) Fractions below 0.50 shall be rounded down.
22C.020.120 Calculations – Site area used for density calculations.
All areas of a commercial site may be used in the calculation of allowed residential density.
22C.020.130 Lot area – Prohibited reduction.
Any portion of a lot that was required to calculate and ensure compliance with the standards
and regulations of this title shall not be subsequently subdivided or segregated from such lot.
22C.020.140 Setbacks – Specific building or use.
When a building or use is required to maintain a specific setback from a property line or other
building, such setback shall apply only to the specified building or use.
22C.020.150 Setbacks – Modifications.
The following setback modifications are permitted:
Marysville Municipal Code Title 22 UDC
Title 22C-44
(1) When the common property line of two lots is covered by a building(s), the setbacks required
by this chapter shall not apply along the common property line. (2) When a lot is located between lots having nonconforming street setbacks, the required street
setback for such lot may be the average of the two nonconforming setbacks or 60 percent of the
required street setback, whichever results in the greater street setback.
(3) When a base station or WCF equipment is proposed for placement on private property
abutting ROW, the setback may be administratively reduced, provided the application demonstrates
good cause for such reduction and adequate area for screening and landscaping is provided.
22C.020.160 Setbacks – From regional utility corridors.
(1) In commercial and industrial development, easements shall be used to delineate regional
utility corridors.
(2) All buildings and structures shall maintain a minimum distance of five feet from property or
easement lines delineating the boundary of regional utility corridors, except for utility structures
necessary to the operation of the utility corridor.
22C.020.170 Setbacks – From alleys.
(1) Structures may be built to five feet of the property line abutting an alley, except as provided
in subsection (2) of this section. (2) Vehicle access points from garages, carports or fenced parking areas shall be set back a minimum of 10 feet from the lot line abutting an alley, except where the access point faces an alley
with a right-of-way width of 10 feet, in which case the garage carport, or fenced parking area shall not
be located within 20 feet from the rear lot line. No portion of the garage or the door in motion may
cross the property line.
22C.020.180 Setbacks – Adjoining half-street or designated arterial.
In addition to providing the standard street setback, a lot adjoining a half-street or designated
arterial shall provide an additional width of street setback sufficient to accommodate construction of
the planned half-street or arterial.
22C.020.190 Height – Exceptions to limits.
The following structures may be erected above the height limits of MMC 22C.020.080(2):
(1) Roof structures housing or screening elevators, stairways, tanks, ventilating fans or similar
equipment required for building operation and maintenance; and
(2) Fire or parapet walls, skylights, chimneys, smokestacks, church steeples, and utility line towers and poles.
22C.020.200 Lot divided by zone boundary.
When a lot is divided by a zone boundary, the following rules shall apply:
(1) When a lot contains both residential and nonresidential zoning, the zone boundary between
the zones shall be considered a lot line for determining permitted building height and required
setbacks on the site;
(2) Uses on each portion of the lot shall only be those permitted in each zone pursuant to Chapter
22C.010 and 22C.020 MMC.
22C.020.210 Sight distance requirements.
Except for traffic control signs, the following sight distance provisions shall apply to all
intersections and site access points:
(1) A sight distance triangle area per city standards shall contain no fence, berm, vegetation, on-
site vehicle parking area, signs or other physical obstruction between 30 inches and eight feet above
the existing street grade;
Note: The area of a sight distance triangle between 30 inches and eight feet above the existing street grade shall remain open. (2) The community development director or city engineer may require modification or removal of
structures or landscaping located in required street setbacks, if:
(a) Such improvements prevent adequate sight distance to drivers entering or leaving a
driveway; and
(b) No reasonable driveway relocation alternative for an adjoining lot is feasible.
Marysville Municipal Code Title 22 UDC
Title 22C-45
22C.020.220 Building setbacks – Dwellings above ground floor of
commercial uses. Dwelling units constructed above ground floor commercial uses shall not be required to comply
with residential setback requirements; provided, that such dwelling units shall be constructed in
compliance with commercial and residential standards of the fire code and the building code.
22C.020.230 Commercial, Industrial, Recreation and Public Institutional
Zones –Purpose
MMC 22C.020.230 through MMC 22C.020.350 apply to new commercial and multifamily
residential development. The purpose of this section is to:
(1) Encourage the realization and creation of a desirable and aesthetic environment in the city of
Marysville;
(2) Encourage and promote development which features amenities and excellence in site planning,
streetscape, building design and contribution to community charm;
(3) Encourage creative approaches to the use of land and related physical developments;
(4) Minimize incompatible and unsightly surroundings and visual blight which prevent orderly
community development;
(5) Allow a mixture of complementary land uses that may include housing, retail, offices, and
commercial services, to create economic and social vitality and to encourage the linking of vehicle trips; (6) Develop commercial and mixed use areas that are safe, comfortable and attractive to
pedestrians;
(7) Reinforce streets as public places that encourage pedestrian and bicycle travel;
(8) Reduce opportunities for crimes against persons and property;
(9) Minimize land use conflicts and adverse impacts;
(10) Provide roadway and pedestrian connections between residential and commercial areas;
(11) Provide public places and open space networks to create gateways, gathering places, and
recreational opportunities that enhance the natural and built environment;
(12) Minimize the rate of crime associated with persons and property and provide for the highest
standards of public safety through the implementation of crime prevention through environmental
design (CPTED) principles in design review.
22C.020.240 Commercial, Industrial, Recreation and Public Institutional
Zones Design Requirements – Applicability and interpretations.
(1) Applicability. (a) These design standards apply to all new multifamily structures in any zone, and
commercial and residential development within the following zones: general commercial (GC),
community business (CB), neighborhood business (NB), downtown commercial (DC), mixed use (MU).
(b) The following activities shall be exempt from these standards:
(i) Construction activities which do not require a building permit;
(ii) Interior remodels of existing structures;
(iii) Modifications or additions to existing multifamily, commercial, industrial, office
and public properties when the modification or addition:
(A) Constitutes less than 10 percent of the existing horizontal square
footage of the use or structure; and
(B) Constitutes less than 10 percent of the existing building’s exterior
facade.
(c) These standards are intended to supplement the zoning standards in the Marysville
Municipal Code. Where these standards and the zoning ordinance standards conflict, the city shall
determine which regulation applies based on which is more in the public interest and more consistent
with the comprehensive plan.
(2) Interpreting and Applying the Design Standards. (a) These standards capture the community visions and values as reflected in the comprehensive plan’s neighborhood planning areas. The city’s community development director
(hereinafter referred to as director) retains full authority to determine whether a proposal meets these
standards. The director is authorized to promulgate guidelines, graphic representations, and examples
of designs and methods of construction that do or do not satisfy the intent of these standards. The
following resources can be used in interpreting the guidelines: Residential Development Handbook for
Snohomish County Communities (prepared for Snohomish County Tomorrow by Makers, Inc.), Site
Marysville Municipal Code Title 22 UDC
Title 22C-46
Planning and Community Design for Great Neighborhoods (Frederick D. Jarvis, 1993), and City
Comforts (David Sucher, 1996). (b) Within these standards, certain words are used to indicate the relative importance and
priority the city places upon a particular standard.
(i) The words ―shall,‖ ―must,‖ and ―is/are required‖ mean that the development
proposal must comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance; or
(B) The development proposal meets the intent of the standards in some
other manner.
(ii) The word ―should‖ means that the development proposal will comply with the
standard unless the director finds that:
(A) The standard is not applicable in the particular instance;
(B) The development proposal meets the intent of the standards in some
other manner; or
(C) There is convincing evidence that applying the standard would not be in
the public interest.
(iii) The words ―is/are encouraged,‖ ―can,‖ ―consider,‖ ―help,‖ and ―allow‖ mean
that the action or characteristic is allowed and will usually be viewed as a positive element in the city’s
review. (c) The project proponent may submit proposals that he/she feels meet the intent of the standards but not necessarily the specifics of one or more standards. In this case, the director will
determine if the intent of the standard has been met.
22C.020.250 Site and building design standards.
(1) Applicability.
(a) Prior to submitting a building permit application, all development to which these
standards apply shall be required to submit a site plan addressing the standards in this section for
administrative review and approval by the community development director.
(b) The site and building design standards of this section apply to institutional, commercial
and multiple-family developments.
(c) The crime prevention through environmental design (CPTED) provisions of this section
apply to all new commercial developments of over 12,000 square feet in building area and multifamily
development of 10 or more units.
(2) Relationship of Building(s) to Site and Street Front.
(a) The site shall be planned to create an attractive street edge and accommodate pedestrian access. Examples of ways that a development meets the requirements of this provision are
to:
(i) Define the street edge with buildings, landscaping or other features.
(ii) Provide for building entrances that are visible from the street.
(iii) Provide for a sidewalk at least five feet wide if there is not space in the public
ROW.
(iv) Provide building entries that are accessed from the sidewalk: Preferably these
access ways should be separated from the parking and drive aisles. If access traverses the parking lot,
then it should be raised and clearly marked.
(v) Provide for businesses that require outdoor display oriented to the street, such
as nurseries and auto sales, to have such display be raised and clearly marked.
(b) The development shall create a well-defined streetscape to allow for the safe
movement of pedestrians. Whenever possible, building setbacks shall be minimized and parking and
drive-through passageways shall be relegated to the side and rear of buildings.
(c) The development shall provide site development features that are visible and
pedestrian-accessible from the street. These features could include plazas, open space areas,
employee lunch and recreational areas, architectural focal points, and access lighting. (3) Relationship of Building(s) and Site to Adjoining Area. (a) Where adjacent buildings and neighborhoods are consistent with the comprehensive
plan and desired community character, new buildings and structures should consider the visual
continuity between the proposed and existing development with respect to building setbacks,
placement of structures, location of pedestrian/vehicular facilities and spacing from adjoining
buildings.
(b) Harmony in texture, lines and masses is encouraged.
Marysville Municipal Code Title 22 UDC
Title 22C-47
(c) Attractive landscape transition to adjoining properties shall be provided.
(d) Public and quasi-public buildings and structures shall be consistent with the established neighborhood character.
(4) Landscape and Site Treatment.
(a) Parking lot screening and interior landscaping shall be provided consistent with
Chapter 22C.130 MMC. The following criteria shall guide review of plans and administration of the
landscaping standards in the zoning code:
(i) The landscape plan shall demonstrate visual relief from large expanses of
parking areas.
(ii) The landscape plan shall provide some physical separation between vehicular
and pedestrian traffic.
(iii) The landscape plan shall provide decorative landscaping as a focal setting for
signs, special site elements, and/or pedestrian areas.
(iv) In locations where plants will be susceptible to injury by pedestrian or motor
traffic, they shall be protected by appropriate curbs, tree guards or other devices.
(v) Where building sites limit planting, the placement of trees or shrubs in
parkways or paved areas is encouraged.
(vi) Screening of outdoor service yards and other places which tend to be unsightly
shall be accomplished by use of walls, fencing, planting, berms or combinations of these. (vii) Landscaping should be designed to create definition between public and private spaces.
(viii) Where feasible, the landscape plan shall coordinate the selection of plant
material to provide a succession of blooms, seasonal color, and a variety of textures.
(ix) The landscape plan shall provide a transition in landscaping design between
adjacent sites, within a site, and from native vegetation areas in order to achieve greater continuity.
(x) The landscape plan shall use plantings to highlight significant site features and
to define the function of the site, including parking, circulation, entries, and open spaces.
(xi) Where feasible, the landscape plan shall integrate natural approaches to storm
water management, including featured low impact development techniques.
(b) Street Landscaping. Where the site plan includes streetscape plantings, the following
guidelines apply:
(i) Sidewalks and pathways should be separated from the roadway by planting
strips with street trees wherever possible.
(ii) Planting strips should generally be at least five feet in width. They should
include evergreen shrubs no more than four feet in height and/or ground cover in accordance with the city of Marysville landscape standards (Chapter 22C.120 MMC) and Marysville Administrative
Landscaping Guidelines.
(iii) Street trees placed in tree grates may be more desirable than planting strips
in key pedestrian areas.
(iv) Use of trees and other plantings with special qualities (e.g., spring flowers
and/or good fall color) are strongly encouraged to unify development.
(c) Plaza/Pedestrian Area Landscaping within Shopping Centers and Mixed Use Site Plans.
(i) A range of landscape materials – trees, evergreen shrubs, ground covers, and
seasonal flowers – shall be provided for color and visual interest.
(ii) Planters or large pots with small shrubs and seasonal flowers may be used to
create protected areas within the plaza for sitting and people watching.
(iii) Creative use of plant materials, such as climbing vines or trellises, and use of
sculpture groupings or similar treatments are encouraged.
(iv) All landscaping plans shall be submitted during site plan review for approval.
(d) Exterior lighting, when used, shall be part of the architectural concept. Lighting shall
enhance the building design and adjoining landscaping. It should provide adequate lighting to ensure
safety and security; enhance and encourage evening activities; and when warranted by the adjoining streetscape theme, provide a distinctive character to the area. In addition, the following shall be addressed:
(i) The site plan shall identify lighting equipment and standards. Uplighting on
trees and provisions for seasonal lighting are encouraged.
(ii) Accent lighting on architectural and landscape features is encouraged to add
interest and focal points.
Marysville Municipal Code Title 22 UDC
Title 22C-48
(iii) Parking area lighting shall not exceed 25 feet in height and shall be shielded to
minimize glare and spillage into the surrounding community. (5) Building Scale Standards. All elements of building design should form an integrated
development, harmonious in scale, line, and mass to ensure that buildings are based on human scale
(i.e., the relationship of the size of the building’s features to the people that use the building). Design
elements should also ensure that large buildings reduce their apparent mass and bulk on elevations
visible from streets or pedestrian routes through such methods as facade modulation and architectural
detailing, roof treatment, colors, materials, and other special features.
(a) Integration. Large buildings should integrate features along their facades visible from
the public right-of-way and pedestrian routes and entries to reduce the apparent building mass and
achieve an architectural scale consistent with other nearby structures.
(b) Facade Modulation. Building facades visible from public streets and public spaces
should be stepped back or projected forward at intervals to provide a minimum of 40 percent facade
modulation. The minimum depth of modulation should be one foot, and the minimum width should be
five feet.
(c) Articulation. Buildings should be articulated to reduce the apparent scale of buildings.
Architectural details that are used to articulate the structure may include color, arrangement of facade
elements, or change in building materials.
(i) Tripartite Articulation. Buildings should provide tripartite building articulation (building top, middle, and base) to provide pedestrian-scale and architectural interest. (d) Window Treatments. Buildings should provide ample articulated window treatments in
facades visible from streets and public spaces for architectural interest and human scale. Windows
should be articulated with mullions, recesses, awnings, etc., as well as applying complementary
articulation around doorways and balconies.
(e) Architectural Elements. The mass of long or large scale buildings can be made more
visually interesting by incorporating architectural elements, such as arcades, balconies, by windows,
dormers, and/or columns.
(f) Rooflines. A distinctive roofline can reduce perceived building height and mass,
increase compatibility with smaller scale and/or residential development, and add interest to the
overall design of the building.
(i) Rooflines with alternating dormers, stepped roofs, gables, or other roof
elements to reinforce the modulation or articulation interval are encouraged.
(ii) Roofs that incorporate a variety of vertical dimensions such as multi-planed
and intersecting rooflines are encouraged.
(iii) Flat-roofed designs should include architectural details such as cornices and decorative facings to provide interest to the roofline.
(g) When there is a change in the building plane, a change in the building materials,
colors or patterns should also be considered.
(h) Landscaping. The landscape plan should provide a trellis, tree or other landscape
feature within each interval.
(i) Upper Story Setback. Setting back upper stories helps to reduce the apparent bulk of
a building and promotes human scale.
(j) Small-Scale Additions. In retail areas, small-scale additions to a structure can reduce
the apparent bulk by articulating the overall form. Clustering smaller uses and activities around
entrances on street-facing facades also allows for small retail or display spaces that are inviting and
add activity to the streetscape.
(6) Building Details, Materials, and Colors.
(a) The building should provide visual interest, distinct design qualities, and promote
compatibility and improvement within surrounding neighborhoods and community development
through effective architectural detailing and the use of traditional building techniques and materials.
(b) Design Criteria.
(i) Building materials and building techniques should be of high durability and high quality. For commercial and residential uses, the use of brick is encouraged on walls or as accents on walls. Large areas of rough-cut wood, wide rough-cut lap siding, or large areas of T-111,
plywood, or similar materials are prohibited. Vinyl siding is prohibited on the ground floor of
commercial buildings.
(ii) Buildings should be enhanced with appropriate details. The following elements
are examples of techniques used on buildings to provide detail:
Marysville Municipal Code Title 22 UDC
Title 22C-49
(A) Ornate rooflines, including use of ornamental molding, entablature,
frieze, or other roofline devices. (B) Overhead weather protection along sidewalks.
(C) Detailed treatment of windows and doors, including use of decorative
lintels, sills, glazing, door design, molding or framing details around all windows and doors located on
facades facing or adjacent to public streets or parks. Window treatment should be sized as follows:
1. Windows should not have individual glass panes with
dimensions greater than five feet by seven feet.
2. Windows should be surrounded by trim, molding and/or sill at
least four inches wide. Commercial buildings with no trim or molding should have window frames at
least two inches wide.
3. Individual window units should be separated from adjacent
window units by at least six inches of the building’s exterior finish material.
(7) Public or Private Open Space. Where feasible and appropriate, larger (over 10 acres)
commercial and residential developments should incorporate open spaces into the site design to
provide community gathering space and neighborhood meeting areas. These areas should provide
outdoor spaces for relaxing, eating, socializing, and recreating. The following standards apply to these
outdoor areas:
(a) Plazas and Gathering Places. (i) Areas should be sized between 5,000 and 10,000 square feet. (ii) Plazas and gathering places should be able to serve as a center for daily
activities.
(iii) Paving should be unit-pavers or concrete with special texture, pattern, and/or
decorative features.
(iv) Pedestrian amenities should be provided, including features such as seating,
plants, drinking fountains, artwork, and such focal points as sculptures or water features.
(v) Lighting fixtures should be approximately 10 to 15 feet above the surface. The
overall lighting in the plaza should average at least two foot-candles.
(b) Open Spaces and Project Details. The listed literature resources in MMC
22C.020.240(2)(a) provide smaller scale concepts for integrating public gathering places and open
spaces into the project design.
(8) Site Design Utilizing Crime Prevention Throrugh Environmental Design (CPTED) Principles.
Development that is subject to this section shall incorporate the following CPTED strategies into
building design and site layout:
(a) Access Control. Guidance of people coming and going from a building or site by placement of real and perceived barriers. Provision of natural access control limits access and
increases natural surveillance to restrict criminal intrusion, especially into areas that are not readily
observable.
(b) Surveillance. Placement of features, uses, activities, and people to maximize visibility.
Provision of natural surveillance helps to create environments where there is plenty of opportunity for
people engaged in their normal behavior to observe the space around them.
(c) Territoriality/Ownership. Delineation of private space from semi-public and public
spaces that creates a sense of ownership. Techniques that reduce the perception of areas as
―ownerless‖ and, therefore, available for undesirable uses.
Examples of ways in which a proposal can comply with CPTED principles are outlined in the ―CPTED
Guidelines for Project Design and Review,‖ prepared by the city.
22C.020.260 Commercial, multiple-family, townhome, and group residences
– Vehicular access and parking location.
(1) On sites abutting an alley, commercial, apartment, townhome and all group residences
developments shall have parking areas placed to the rear of buildings with primary vehicular access
via the alley, except when waived by the planning director due to physical site limitations. (2) When alley access is available, and provides adequate access for the site, its use will be encouraged.
(3) When common parking facilities for attached dwellings and group residences exceed 30
spaces, no more than 50 percent of the required parking shall be permitted between the street
property line and any building, except when authorized by the planning director due to physical site
limitations.
(4) Direct parking space access to an alley may be used for parking lots with five or fewer spaces.
Marysville Municipal Code Title 22 UDC
Title 22C-50
22C.020.270 On-site recreation – Space required.
(1) Except when fees in lieu of commonly owned recreation space are provided pursuant to MMC
22C.020.280 through MMC 22C.020.310, multiple-family developments in the mixed use zones shall
provide outdoor or active recreation space, or a combination thereof, in accordance with the following
chart:
Type of dwelling unit Outdoor open space Active recreation facility
(a) Studio and one bedroom 90 square feet per unit 45 square feet per unit
(b) Two bedroom 130 square feet per unit 65 square feet per unit
(c) Three or more bedroom 170 square feet per unit 85 square feet per unit
(2) Any recreation space located outdoors shall:
(a) Be of a grade and surface suitable for recreation;
(b) Be on the site of the proposed development;
(c) Be one continuous parcel if less than 3,000 square feet in size, not to be located in the
front yard setback;
(d) Have no dimensions less than 30 feet (except trail segments);
(e) In an apartment or townhome development, have a street roadway or parking area
frontage along 10 to 50 percent of the recreation space perimeter (except trail segments); and
(f) Be centrally located and accessible and convenient to all residents within the
development.
(3) Indoor recreation areas may be credited towards the total recreation space requirement, when
the city determines that such areas are located, designed and improved in a manner which provides
recreational opportunities functionally equivalent to those recreational opportunities available
outdoors. (4) Active recreation facilities may include, but are not limited to, exercise rooms, sport courts,
swimming pools, tennis courts, game rooms, or community centers. Outdoor open space shall not
include areas devoted to parking or vehicular access, and should be one continuous tract.
22C.020.280 On-site recreation – Play areas required.
(1) All apartment, and townhome development, excluding senior citizen apartments, shall provide
tot/children play areas within the recreation space on-site, except when facilities are available within
1/4 mile that are developed as public parks or playgrounds and are accessible without the crossing of
arterial streets.
(2) If any play apparatus is provided in the play area, the apparatus shall meet Consumer Product
Safety Standards for equipment, soft surfacing and spacing, and shall be located in an area that is:
(a) At least 400 square feet in size with no dimension less than 20 feet; and
(b) Adjacent to main pedestrian paths or near building entrances;
(c) Visual access from adjacent residential structures is provided.
22C.020.290 On-site recreation – Maintenance of recreation space or dedication.
(1) Unless the recreation space is dedicated to city of Marysville pursuant to subsection (2) of this
section, maintenance of any recreation space retained in private ownership shall be the responsibility
of the owner or other separate entity capable of long-term maintenance and operation in a manner
acceptable to the city.
(2) Recreation space may be dedicated as a public park when the following criteria are met:
(a) The dedicated area is at least 1.5 acres in size, except when adjacent to an existing or
planned public park;
(b) The dedicated land provides one or more of the following:
(i) Shoreline access,
(ii) Regional trail linkages,
(iii) Habitat linkages,
(iv) Recreation facilities, or
(v) Heritage sites;
Marysville Municipal Code Title 22 UDC
Title 22C-51
(c) The entire dedicated area is located less than one mile from the project site.
22C.020.300 On-site recreation – Fee in-lieu of recreation space.
Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of
providing on-site open space or recreation when a proposed development is located within 1,000 feet
of an existing or proposed recreational facility.
22C.020.310 On-site recreation – Acceptance criteria for fee in-lieu of
recreation space.
City of Marysville acceptance of this payment is discretionary, and may be permitted if:
(1) The proposed on-site recreation space does not meet the criteria of MMC 22C.020.290(2); or
(2) The recreation space provided within a public park in the vicinity will be of greater benefit to
the prospective residents of the development.
22C.020.320 Storage space and collection points for recyclables.
Developments shall provide storage space for the collection of recyclables as follows:
(1) The storage space shall be provided at the rate of:
(a) One and one-half square feet per dwelling unit in multiple-dwelling developments
except where the development is participating in a public agency-sponsored or approved direct collection program in which individual recycling bins are used for curbside collection; (b) Two square feet per every 1,000 square feet of building gross floor area in office,
educational and institutional developments;
(c) Three square feet per every 1,000 square feet of building gross floor area in
manufacturing and other nonresidential developments; and
(d) Five square feet per every 1,000 square feet of building gross floor area in retail
developments.
(2) The storage space for residential developments shall be apportioned and located in collection
points as follows:
(a) The required storage area shall be dispersed in collection points throughout the site
when a residential development comprises more than one building.
(b) There shall be one collection point for every 30 dwelling units.
(c) Collection points may be located within residential buildings, in separate
buildings/structures without dwelling units, or outdoors.
(d) Collection points located in separate buildings/structures or outdoors shall be no more
than 200 feet from a common entrance of a residential building. (e) Collection points shall be located in a manner so that hauling trucks do not obstruct
pedestrian or vehicle traffic on-site, or project into any public right-of-way.
(3) The storage space for nonresidential development shall be apportioned and located in
collection points as follows:
(a) Storage space may be allocated to a centralized collection point.
(b) Outdoor collection points shall not be located in any required setback areas.
(c) Collection points shall be located in a manner so that hauling trucks do not obstruct
pedestrian or vehicle traffic on-site, or project into any public right-of-way.
(d) Access to collection points may be limited, except during regular business hours
and/or specified collection hours.
(4) The collection points shall be designed as follows:
(a) Dimensions of the collection points shall be of sufficient width and depth to enclose
containers for recyclables.
(b) Architectural design of any structure enclosing an outdoor collection point or any
building primarily used to contain a collection point shall be consistent with the design of the primary
structure(s) on the site.
(c) Collection points shall be identified by signs not exceeding two square feet. (d) A six-foot wall or fence shall enclose any outdoor collection point, excluding collection points located in industrial developments that are greater than 100 feet from residentially zoned
property.
(e) Enclosures for outdoor collection points and buildings used primarily to contain a
collection point shall have gate openings at least 12 feet wide for haulers. In addition, the gate
opening for any building or other roofed structure used primarily as a collection point shall have a
vertical clearance of at least 12 feet.
Marysville Municipal Code Title 22 UDC
Title 22C-52
(f) Weather protection of recyclables shall be ensured by using weather-proof containers
or by providing a roof over the storage area. (5) Only recyclable materials generated on-site shall be collected and stored at such collection
points. Except for initial sorting of recyclables by users, all other processing of such materials shall be
conducted off-site.
22C.020.330 Fences
(1) Purpose.
The fence standards promote the positive benefits of fences without negatively affecting the
community or endangering public or vehicle safety. Fences can create a sense of privacy, protect
children and pets, provide separation from busy streets, and enhance the appearance of property by
providing attractive landscape materials. The negative effects of fences can include the creation of
street walls that inhibit police and community surveillance, decrease the sense of community, hinder
emergency access and the safe movement of pedestrians and vehicles, and create an unattractive
appearance.
(2) Types of fences.
(a) The standards apply to walls, fences, trellises, arbors and screens of all types whether
open, solid, wood, metal, wire, masonry or other material.
(b) No barbed or razor-wire fence shall be permitted, except for the following: (i) Industrial zones. (ii) Confinement of livestock.
(iii) Public facilities, transmitter and transformer sites.
(iv) Government installations where security or public safety is required.
(3) Height.
(a) Business and Commercial Zones. All yards – 8’.
(b) Industrial Zones. All yards – 10’.
(c) When a protective fence is located on top of a rockery, any portion of the fence above
a height of eight (8) feet shall be an open-work fence.
(d) Open wire mesh or similar type fences may be erected in excess of the maximum
heights permitted in this code on the periphery of playgrounds associated with private and public
schools and parks, public facilities, transmitter and transformer sites, and government installations
where security or public safety is required.
(e) The height of a fence or freestanding wall, retaining wall or combination of the same,
shall be measured from its top surface, board, rail, or wire to the natural elevation of the ground on
which it stands. (f) Where the finished grade is a different elevation on either side of a fence, the height
may be measured from the side having the highest elevation.
(4) Setbacks.
(a) Front lot line.
(i) Solid fences greater than four (4) feet in height, shall be set back at least
twenty (20) feet from the street right-of-way, except in the following circumstances:
(A) For a corner lot the twenty (20) foot setback shall only apply to the
street which provides primary access to the lot.
(B) This setback requirement may be waived or modified by the city
engineer or his designee if a fence is designed and constructed so that it does not cause a public
safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or
sidewalks.
(ii) A four (4) foot fence, or six (6) foot fence with the top two (2) feet
constructed as an open-work fence, may be constructed on the front property line, provided the fence
is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of
pedestrians or motorists using streets, driveways or sidewalks.
(b) Side lot line. No setback requirement. (c) Rear lot line.
No setback requirement
(d) For special rules relating to fences and walls near fire hydrants, see MMC 14.03.050(2)
and the International Fire Code.
(5) Fence variances.
Marysville Municipal Code Title 22 UDC
Title 22C-53
In considering a request for a modification of the fence requirements outlined in subsection (1)
through (4) of this section, the hearing examiner shall consider the following factors: (a) If the proposed fence is designed and constructed so that it does not cause a public
safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or
sidewalks;
(b) The proposed fence will not infringe upon or interfere with utility and/or access
easements or covenant rights or responsibilities;
(c) Other information which is relevant and necessary to make a determination as to the
validity of the request for variation. Such additional information may include site plans, elevation
drawings, and information concerning the surrounding properties and uses.
22C.020.340 Special limitations in the business and commercial zones.
(1) Where lighted signs and illuminated areas are permitted, such illuminating devices shall be
shaded and/or directed so as not to visibly create a nuisance to any property in a residential zoning
classification.
(2) Mechanical equipment located on the roof, facade or external portions of a building shall be
architecturally screened so as not to be visible from adjacent properties at street level or the public
street.
(3) Equipment or vents which generate noise or air emissions shall be located on the opposite side of the building from adjoining residentially designated properties.
22C.020.350 Special limitations in the industrial zones.
(1) Where illuminated signs and illuminated areas are permitted, such illuminating devices shall
be shaded and/or directed so as not to visibly create a nuisance to any property in a residential zone
classification.
(2) Industrial and exterior lighting shall not be used in such a manner that it produces glare on
public highways. Arc welding, acetylene-torch cutting, or similar processes shall be performed so as
not to be seen from any point beyond the outside of the property.
(3) The storage and handling of inflammable liquids, liquefied petroleum, gases, and explosives
shall comply with rules and regulations falling under the jurisdiction of the city’s fire chief, and the
laws of the state of Washington. Bulk storage of inflammable liquids below ground shall be permitted,
and the tanks shall be located not closer to the property line than the greatest dimension (diameter,
length or height) of the tank.
(4) Provisions shall be made for necessary shielding or other preventive measures against
interference as occasioned by mechanical, electrical and nuclear equipment, and uses or processes with electrical apparatus in nearby buildings or land uses.
(5) Liquid and solid wastes, storage of animal or vegetable waste which attract insects or rodents
or otherwise create a health hazard shall be prohibited. No waste products shall be exposed to view
from eye level from any property line in an industrial district.
22C.020.360 Nonconforming Situations
Existing developments that do not conform to the development standards of this chapter are subject
to the standards of Chapter 22C.100 MMC, Nonconforming Situations.
22C.020.370 Parking and Loading
The standards pertaining to the required number of auto parking spaces, bicycle parking spaces,
parking lot placement, parking lot setbacks and internal parking lot pedestrian connections are stated
in Chapter 22C.130 MMC, Parking and Loading.
22C.020.380 Signs
The sign standards are stated in Chapter 22C.160 MMC, Signs.
22C.020.390 Landscaping and Screening The landscaping and screening standards are stated in Chapter 22C.120 MMC, Landscaping and
Screening.
Marysville Municipal Code Title 22 UDC
Title 22C-54
Chapter 22C.030 ADULT FACILITIES OVERLAY ZONE
Sections:
22C.030.010 Purpose. ....................................................................................54
22C.030.020 Authority. ..................................................................................54
22C.030.030 General provisions. .....................................................................54
22C.030.040 Location. ...................................................................................55
22C.030.050 Permitted Uses. ..........................................................................56
22C.030.060 Existing Adult Facilities. ...............................................................56
22C.030.070 Violation. ...................................................................................56
22C.030.010 Purpose.
The purpose of establishing the adult facilities overlay zone is to permit the location of adult
facilities in an area of the city which will reduce the secondary effects of such an establishment on the
community. The performance criteria included in this zone are intended to control external as well as
internal impacts of the development and bulk and special limitations in other chapters of the zoning
code are superseded by the provisions of this chapter. It is the further purpose of this zone to prevent
the location of adult facilities throughout the city by consolidating them in one area. Because of the
unique character of this zone, and its potential to disrupt preexisting residential and commercial development in the community, the city will only consider classifying property in this zone if such property is designated on the comprehensive plan as general industrial and is suitable for adult
facilities. This chapter provides alternative development standards to address unique site
characteristics and to address development opportunities which can exceed the quality of standard
developments, by:
(1) Establishing authority to adopt property-specific development standards for increasing
minimum requirements of the code on individual sites; and
(2) Establishing the adult facilities overlay zone with alternative standards for special areas
designated by the comprehensive plan or neighborhood plans.
22C.030.020 Authority.
(1) This chapter authorizes the city of Marysville to increase development standards or limit uses
on specific properties beyond the general requirements of the code through property-specific
development standards, and to carry out comprehensive plan policies through special districts and
overlay zones which supplement or modify standard zones through different uses, design or density
standards or review processes. (2) The adult facilities overlay zone shall be applied to specific properties or areas containing
several properties through zoning reclassification as provided in MMC 22G.010.420.
22C.030.030 General provisions.
Adult facilities overlay zones shall be designated on the city zoning map as follows:
(1) Designation of the adult facilities overlay zone shall include policies that prescribe the
purposes and location of the overlay;
(2) An adult facilities overlay zone shall be indicated on the zoning map with the suffix ―-AF‖
following the map symbol of the underlying zone or zones;
(3) The adult facilities overlay zones set forth in this chapter may expand the range of permitted
uses and development standards established by the code for any use or underlying zone; and
(4) Unless they are specifically modified by the provisions of this chapter, the standard
requirements of the code and other city ordinances and regulations govern all development and land
uses within the adult facilities overlay zone.
Marysville Municipal Code Title 22 UDC
Title 22C-55
22C.030.040 Location.
The adult facilities overlay zone is to be established only upon land located along the east side of the 47th Avenue NE alignment, in the east half of the northeast quarter of Section 33, Township 30
N., Range 5 E., W.M., and in the northeast quarter of the southeast quarter of Section 33, Township
30 N., Range 5 E., W.M., as identified on the following map:
61ST ST NE
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City ofMarysville
Adult Facility Overlay Zone
Marysville Municipal Code Title 22 UDC
Title 22C-56
22C.030.050 Permitted Uses.
The following uses shall be permitted in the adult facilities overlay zone: (1) Adult facilities.
(2) All uses allowed in the underlying zone.
22C.030.060 Existing Adult Facilities.
Notwithstanding the provisions of Chapter 22C.100 MMC relating to nonconforming uses, any
adult facility lawfully existing and operating on the effective date of the ordinance or at the time of
annexation of an area into the city may be continued and maintained without regard to the restrictions
on adult facilities contained herein on the following conditions:
(1) There may be a change in tenancy, ownership or management of the facility; provided, that
there is no change in the nature or character of the business.
(2) If the adult facility or use is vacated, abandoned or closed for a continuous period of 180 days,
the nonconforming status shall be lost.
(3) The adult facility or use cannot be expanded into additional buildings or areas of buildings on
the property.
(4) All other codes, ordinances, regulations and statutes shall be complied with in full.
(5) All nonconforming adult facilities and uses shall be granted a phase-out period of two years,
unless said two-year period is an unreasonable period of amortization for the said use. In that event, a nonconforming adult facility shall make application to the city land use hearing examiner no later than 180 days prior to expiration of the two-year amortization period for an extension of time. The decision
of the hearing examiner shall be in accordance with the provisions of Chapter 22G.060 MMC. In
determining whether to recommend the granting of an extension or not, the hearing examiner shall
determine whether or not the harm or hardship to the nonconforming adult facility outweighs the
benefit to be gained by the public from termination of the use. Factors to be considered by the
examiner include the secondary adverse effects of the business on the neighborhood/community, the
location of the business in relationship to schools, parks, churches, athletic facilities, convention
facilities and residential zones, initial capital investment, investment realization to date, life
expectancy of the investment, the existence or nonexistence of a lease option, as well as a
contingency clause permitting termination of the lease, and whether a reasonable alternative use of
the property exists.
22C.030.070 Violation.
(1) Violation of any of the provisions of this chapter relating to adult facilities is declared to be a
public nuisance per se and shall be subject to abatement through civil proceedings and not by criminal prosecution.
(2) Nothing in this code is intended to authorize, legalize or permit the establishment, operation
or maintenance of any business, building or use which violates city codes or statutes of the state of
Washington regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the
exhibition or public display thereof.
Marysville Municipal Code Title 22 UDC
Title 22C-57
Chapter 22C.040 MIXED USE – SPECIAL DISTRICT
Sections:
22C.040.010 Purpose. ....................................................................................57
22C.040.020 Authority. ..................................................................................57
22C.040.030 Applicability. ..............................................................................57
22C.040.040 General Performance Standards. ..................................................57
22C.040.050 General Design Requirements. .....................................................58
22C.040.010 Purpose.
(1) This chapter provides for alternative development standards to address unique site
characteristics and to address development opportunities which can exceed the quality of standard
developments, by:
(a) Establishing authority to adopt property-specific development standards for increasing
minimum requirements of the code on individual sites; and
(b) Establishing special districts and overlay zones with alternative standards for special areas
designated by the comprehensive plan or neighborhood plans.
(2) The purpose of the mixed use (MU) zone, and mixed use special district, is to provide for
pedestrian and transit-oriented high-density employment uses together with limited complementary retail and higher density residential development in locations within activity centers where the full range of commercial activities is not desirable. These purposes are accomplished by:
(a) Allowing for uses that will take advantage of pedestrian-oriented site and street improvement
standards;
(b) Providing for higher building heights and floor area ratios than those found in other
commercial zones;
(c) Reducing the ratio of required parking-to-building floor area;
(d) Allowing for on-site convenient daily retail and personal services for employees and residents;
and
(e) Minimizing auto-oriented, outdoor or other retail sales and services which do not provide for
the daily convenience needs of on-site and nearby employees or residents.
22C.040.020 Authority.
(1) This chapter authorizes the city of Marysville to increase development standards or limit uses
on specific properties beyond the general requirements of the code through property-specific
development standards, and to carry out comprehensive plan policies through special districts which supplement or modify standard zones through different uses, design or density standards or review
processes.
(2) A zoning reclassification, as provided in MMC 22G.010.420, must be submitted if a site is
located in a designated mixed use overlay area on the comprehensive plan, and must be accompanied
by a preliminary development plan prepared in compliance with the regulations and requirements of
this chapter.
22C.040.030 Applicability.
(1) Use of this zone is appropriate in areas designated by the comprehensive plan for mixed use
which are served at the time of development by adequate public sewers, water supply, roads and
other needed public facilities and services.
(2) A tract of land must be in single ownership, or for multiple parcels, under unified control. This
requirement shall apply during preliminary and final plan stages to ensure continuity of plan
development.
22C.040.040 General Performance Standards.
All development within the mixed use zone, or mixed use – special district, shall strictly comply with the following general performance standards: (1) Preliminary and final plans must comply with bulk regulations contained in this chapter and
Chapter 22C.020 MMC.
(2) All proposed sites shall be served by public water and sewer services and paved streets.
(3) Open space/recreation facilities shall be provided as outlined in MMC 22C.020.270 through
22C.020.310.
(4) Vehicular Access and Traffic.
Marysville Municipal Code Title 22 UDC
Title 22C-58
(a) Each project shall be limited to a maximum of two points of vehicular access on any
one street unless it can be demonstrated that additional points of vehicular access would not materially impede the flow of traffic on the adjoining streets.
(b) Developments which provide both residential and nonresidential uses may be eligible
for an appropriate traffic mitigation fee reduction.
(c) Pedestrian access shall be a priority in review of the vehicular access plan.
(d) Access points on arterial streets shall be coordinated with adjacent properties in order
to limit the overall number of access points.
(5) Pedestrian Access.
All projects which contain multiple businesses and/or residential uses shall provide an interconnecting
pedestrian circulation system. When a proposed development is on an established bus route, the
applicant may be required to provide a bus shelter.
(6) Parking. Off-street parking for residential and nonresidential uses shall comply with Chapter
22C.130 MMC. Off-street parking requirements are modified as follows for developments within
Planning Area 1 (Downtown) as defined in the city’s comprehensive plan which provide both
residential and nonresidential uses:
(a) No less than one (1) space for every 1,000 square feet of nonresidential floor area
shall be provided;
(b) For duplexes, triplexes, fourplexes, apartments, and condominiums, one (1) space per each studio or one bedroom dwelling unit, and one and one-half (1½) spaces per each two or more bedroom units.
(7) Lighting.
Outdoor lighting shall not shine on adjacent properties, rotate or flash.
(8) Utilities.
All new utility services and distribution lines shall be located underground.
(9) Sidewalks.
Sidewalk width requirements shall be increased to a range of seven (7) to ten (10) feet on streets
designated as major pedestrian corridors. For sidewalk widths exceeding the amount required in the
city of Marysville Engineering Design and Development Standards, credit will be given on a square
footage basis for any dedication of the additional right-of-way.
(10) Signs. Signs shall comply with the requirements of Chapter 22C.160 MMC.
(11) Standards Incorporated by Reference.
Unless specifically superseded by provisions of this chapter, performance standards for residential and
commercial development found elsewhere in the Marysville Municipal Code shall apply to such
developments in the mixed use zones, and mixed use – special districts, including parking requirements, storm drainage requirements, sign regulations, and noise regulations.
(12) Maintenance of Open Space, Landscaping and Common Facilities.
The owner of the property, its heirs, successors and assigns, shall be responsible for the preservation
and maintenance of all open space, parking areas, walkways, landscaping, fences and common
facilities, in perpetuity, at a minimum standard at least equal to that required by the city, and
approved by the planning director, at the time of initial occupancy.
22C.040.050 General Design Requirements.
All development within the mixed use zones, and mixed use – special districts, shall strictly comply
with the following general design requirements:
(1) Vehicular Access and Parking Location.
(a) On sites abutting an alley, apartment and townhome developments shall have parking
areas placed to the rear of buildings with primary vehicular access via the alley, except when waived
by the Community Development Director due to physical site limitations;
(b) When alley access is available, and provides adequate access for the site, its use will
be encouraged;
(c) No more than thirty percent (30%) of the site street frontage can be used for parking or driveways; (d) Direct parking space access to an alley may be used for parking lots with five or fewer
spaces.
(2) Every use shall be subject to the pedestrian-oriented development standards outlined in the
comprehensive plan (e.g., placement and orientation of buildings with respect to streets and
sidewalks, the use of awnings or marquees, and the placement of parking facilities).
Marysville Municipal Code Title 22 UDC
Title 22C-59
Chapter 22C.050 SMALL FARMS OVERLAY ZONE
Sections:
22C.050.010 Purpose. ....................................................................................59
22C.050.020 Applicability. ..............................................................................59
22C.050.030 Authority. ..................................................................................59
22C.050.040 General provisions. .....................................................................59
22C.050.050 Permitted Uses in Small Farms Overlay Zone. ................................59
22C.050.060 Approval Requirements. ..............................................................60
22C.050.070 Small Farm Protections. ..............................................................60
22C.050.080 Bulk and Dimensional Requirements. ............................................60
22C.050.090 Notification Requirements. ...........................................................61
22C.050.100 Disclosure Text. .........................................................................61
22C.050.110 Appeals to Hearing Examiner. ......................................................62
22C.050.120 Time Period Stay – Effect of Appeal. .............................................62
22C.050.130 Appeals to Court. ........................................................................62
22C.050.010 Purpose.
The purpose of the small farms overlay is to provide a process for registering small farms, thereby applying the small farms overlay zone and recording official recognition of the existence of the small farm, and to provide some encouragement for the preservation of such farms, as well as
encouraging good neighbor relations between single-family and adjacent development. This chapter
provides alternative development standards to address unique site characteristics and addresses
development opportunities which can exceed the quality of standard developments, by:
(1) Establishing authority to adopt property-specific development standards for increasing
minimum requirements of the code on individual sites; and
(2) Establishing the small farms overlay zone with alternative standards for special areas
designated by the comprehensive plan or neighborhood plans.
22C.050.020 Applicability.
This chapter sets forth an administrative process of procedures and standards to be followed
in applying for the small farms overlay zone. This overlay zone may be applied to all zones within the
city of Marysville.
22C.050.030 Authority. (1) This chapter authorizes the city of Marysville to increase development standards or limit uses
on specific properties beyond the general requirements of the code through property-specific
development standards, and to carry out comprehensive plan policies through special districts and
overlay zones which supplement or modify standard zones through different uses, design or density
standards or review processes.
(2) The small farms overlay zone shall be applied to specific properties or areas containing several
properties through zoning reclassification as provided in MMC 22G.010.420.
22C.050.040 General provisions.
Small farms overlay zones shall be designated on the city zoning map as follows:
(1) Designation of a small farms overlay zone shall include policies that prescribe the purposes
and location of the overlay;
(2) A small farms overlay zone shall be indicated on the zoning map with the suffix ―-SF‖ following
the map symbol of the underlying zone or zones;
(3) The small farms overlay zone may expand the range of permitted uses and development
standards established by the code for any use or underlying zone; and
(4) Unless they are specifically modified by the provisions of this chapter, the standard requirements of the code and other city ordinances and regulations govern all development and land uses within the small farms overlay zones.
22C.050.050 Permitted Uses in Small Farms Overlay Zone.
The following uses are permitted in the Small Farms Overlay Zone:
(1) Horticulture.
(2) Floriculture.
Marysville Municipal Code Title 22 UDC
Title 22C-60
(3) Viticulture.
(4) Animal husbandry. (5) Production of seed, hay and silage.
(6) Christmas tree farming.
(7) Aquaculture.
(8) Roadside stands, subject to the following standards:
(a) Roadside stands not exceeding 300 square feet in area.
(b) Roadside stands shall be exclusively for the sale of products produced on the
premises, from the above listed uses.
(c) Space adequate for the parking of a minimum of three vehicles shall be provided
adjacent to any stand and not less than 20 feet from any street right-of-way.
(9) One single-family dwelling per lot shall be allowed, together with accessory structures and
uses.
22C.050.060 Approval Requirements.
Administrative approval for the small farms overlay shall be requested by the property owner
and shall be granted by the Community Development Director if the following requirements are met:
(1) The minimum lot size shall be 100,000 sq. ft. (2.3 acres). Smaller tracts shall be permitted if
such tracts were in existence and in agricultural use on, or before, enactment of Ordinance 2131 (June 9, 1992). (2) The use of the property is an existing and ongoing agricultural activity, as defined in MMC
22A.020.060, or in the case of a new small farm larger than 2.3 acres, the property will be used for
such agricultural activity.
(3) The applicant pays a registration fee of $50.00.
(4) The property owner provides the legal description and street address of the subject property.
(5) In the case of new small farms, the applicant shall submit a site plan which includes the
following additional information:
(a) Existing and/or proposed structures and required setbacks;
(b) Drainage channels, water courses, marshes, lakes and ponds;
(c) Fences, proposed grazing/exercise areas;
(d) Distance of adjacent dwellings to the subject site’s property boundaries and buildings;
(e) Method of manure disposal; and
(f) Any regulated critical areas such as wetlands, streams, geologic hazard areas or
wildlife habitat.
22C.050.070 Small Farm Protections.
(1) All agricultural activities, when conducted consistent with good agricultural practices, are
declared to be a permitted activity within the small farms overlay zone, notwithstanding any other
section of the code. Agricultural activities undertaken in conformity with all applicable laws and rules
are presumed to be good agricultural practices not adversely affecting the public health and safety.
(2) Farm machinery and livestock animal noises emanating from a farm granted the small farms
overlay shall be exempt from the city’s noise code, Chapter 6.76 MMC.
(3) New subdivisions located adjacent to tracts granted the small farms overlay shall provide a six
(6) foot high, sight-obscuring chain link fence along the property line, unless the developer
demonstrates by clear and convincing evidence that a different barrier would be as adequate to
protect the small farm. The following alternative methods of sight-obscuring screening may be
utilized, but shall not be limited to:
(a) Protected critical areas and related buffers may be utilized, if directly adjacent to the
small farms overlay zone; or
(b) An existing vegetative buffer which provides adequate screening and separation
between the small farm use and the proposed subdivision.
The applicant shall demonstrate to the Community Development Department that the alternative screening method proposed provides the greatest amount of protection relative to the type of adjacent agricultural use.
22C.050.080 Bulk and Dimensional Requirements.
Bulk and dimensional requirements shall be consistent with the underlying residential zoning
classification, as set forth in Chapter 22C.010 MMC.
Marysville Municipal Code Title 22 UDC
Title 22C-61
22C.050.090 Notification Requirements.
The notification requirements of this section shall apply to new small farms overlay requests, as well as existing and ongoing agricultural activities which were not granted the small farms overlay
designation:
(1) Signs. When the Community Development Department determines that the proposed overlay
request meets all the requirements as specified in MMC 22C.050.060, then the applicant shall post the
property with a public notice sign. This sign shall be supplied, organized, designed and placed as
defined by the Community Development Department. All signs designed herein are exempt from the
city’s zoning and sign codes. All signs required to be posted shall remain in place until the final
decision has been reached on the overlay zone. Following the decision, the applicant must remove the
sign within 14 calendar days.
(2) Upon receipt of a complete application, the city shall send written notice to adjacent property
owners within 300 feet of any portion of the subject property. Notice is deemed sent once placed in
the mail.
(3) Upon receipt of a complete application, the city shall cause one notice of application to be
published in the official newspaper.
(4) Upon receipt of a complete application, the notice of application shall be posted at Marysville
City Hall, at the United States Post Office in the city, and in at least one additional location with public
exposure. 22C.050.100 Disclosure Text.
(1) Subject to subsections (2) and (3) of this section, the following shall constitute the disclosure
required by this section for new small farms, development permits, building permits and transfers of
real property within the small farms overlay zone:
Your real property is within, adjacent to, or within 300 feet of property designated as a small
farm; therefore, you may be subject to inconveniences or discomforts arising from agricultural
activities, including but not limited to noise, odors, fumes, dust, smoke, the operation of machinery of any kind, the storage and disposal of manure, the application by spraying or
otherwise of chemical or organic fertilizers, soil amendments, herbicides and pesticides, hours of
operation, and other agricultural activities.
Agricultural activities conducted within the overlay zone and in compliance with acceptable agricultural practices and established prior to surrounding nonagricultural activities are presumed
to be reasonable and shall not be found to constitute a nuisance unless the activities have a
substantial adverse effect on the public health and safety or are clearly not related to the small farm activities.
This disclosure applies to the real property which is subject to a development or building permit
as of the date of the development or building permit approval or, in the case of real property
transfers, the disclosure applies to the subject property as of the date of the transfer. This disclosure may not be applicable thereafter if areas subject to small farms overlay zone are
changed from the small farms overlay designation.
(2) Prior to the closing of a transfer of real property within the small farms overlay zone, or real
property adjacent to or within 300 feet of the small farms overlay zone, by deed, exchange, gift, real
estate contract, lease with option to purchase, option to purchase, or any other means of transfer or conveyance (except transfers made by testamentary provisions or the laws of descent), the transferor
shall provide the transferee a copy of the disclosure text in this section and shall record with the county auditor a copy of the same showing an acknowledgment of receipt executed by the transferee
in a form prescribed by the Community Development Director. The form of the acknowledged
disclosure text shall include a statement that the disclosure notice applies to the subject real property
as of the date of the transfer and may not be applicable thereafter if the small farms overlay
designation is removed.
(3) Development permits and building permits for land within the small farms overlay zone or land
adjacent to or within 300 feet of land within the small farms overlay zone shall include the disclosure
text in this section on the final development or building permit in a location determined by the
Community Development Director. Said disclosure notice shall apply to the real property which is
subject to the development or building permit as of the date of development or building permit
approval and may not be applicable thereafter if areas designated with the small farms overlay zone
are removed from said designation.
Marysville Municipal Code Title 22 UDC
Title 22C-62
22C.050.110 Appeals to Hearing Examiner.
(1) All appeals of decisions relating to the small farms overlay zone shall be made to the hearing examiner. Such appeals must be made in writing and filed with the Community Development
Department within 14 calendar days from the date on which the decision was rendered.
(2) The written appeal shall include a detailed explanation stating the reason for the appeal. The
decision of the hearing examiner shall constitute a recommendation to the city council, pursuant to
MMC 22G.060.130.
(3) Standing to appeal is limited to the following:
(a) The applicant or owner of the property on which the small farms overlay is proposed;
and
(b) Any aggrieved person that will thereby suffer a direct and substantial impact from the
proposed overlay zone.
22C.050.120 Time Period Stay – Effect of Appeal.
The filing of an appeal shall stay the running of the time periods for small farms overlay
approval as set forth in this title.
22C.050.130 Appeals to Court.
Any appeals from a decision approving or disapproving the small farms overlay zone shall be in accordance with the Land Use Petition Act and shall be filed within 21 days of a final city council decision.
Marysville Municipal Code Title 22 UDC
Title 22C-63
Chapter 22C.060 SMOKEY POINT MASTER PLAN AREA – DESIGN REQUIREMENTS
Sections:
22C.060.010 Purpose. ....................................................................................63
22C.060.020 Applicability and interpretations. ..................................................63
22C.060.010 Purpose.
The purpose of this chapter is to apply the design guidelines in the Smokey Point Master Plan,
as adopted by Ordinance No. 2738, as legally required standards for all new construction in the
Smokey Point Master Plan Area (MPA). It is also the purpose of this chapter to:
(1) Encourage the realization and creation of a desirable and aesthetic environment in the Smokey
Point MPA;
(2) Establish a commercial/light industrial park that, based on the allowable uses in the zoning
designations, provides jobs for the residents of Marysville and expand the City’s commercial/light
industrial base.
(3) Encourage and promote development which features amenities and excellence in site planning,
streetscape, building design and contribution to community charm;
(4) Provide design guidance that coordinates the ―look and feel‖ of the project while ensuring
ecological and environmental responsibility and providing for efficient functioning of the Smokey Pointe MPA; (5) Bring the range of uses together by individual site plans that will:
(a) Demonstrate how the elements of the site relate to the street front;
(b) Provide for compatibility with adjacent land uses;
(c) Provide protection or mitigation of natural features;
(d) Enhance street fronts and street corners;
(e) Promote public safety;
(f) Incorporate service areas and storm water facilities in a non-obtrusive manner; and
(g) Provide convenient pedestrian and vehicle circulation connecting on-site activities with
adjacent pedestrian routes and streets.
22C.060.020 Applicability and interpretations.
(1) Applicability.
(a) The design guidelines set forth in the Smokey Point Master Plan, as adopted by
Ordinance No. 2738, shall apply to all new construction in the Smokey Point MPA.
(b) The design guidelines shall be legally required standards, which shall be applied by the city to all development approvals and permits in the Smokey Point MPA.
(c) The following activities shall be exempt from these standards:
(i) Construction activities which do not require a building permit;
(ii) Interior remodels of existing structures;
(iii) Modifications or additions to existing commercial, industrial and public
properties when the modification or addition:
(A) Constitutes less than 10 percent of the existing horizontal square
footage of the use or structure; and
(B) Constitutes less than 10 percent of the existing building’s exterior
facade.
(d) These standards are intended to supplement the zoning standards in the Marysville
Municipal Code. Where these standards and the zoning ordinance standards conflict, the city shall
determine which regulation applies based on which is more in the public interest and more consistent
with the comprehensive plan.
(2) Interpreting and Applying the Design Standards.
(a) These standards capture the community visions and values as reflected in the
comprehensive plan’s neighborhood planning areas. The city’s community development director (hereinafter referred to as director) retains full authority to determine whether a proposal meets these standards.
(b) Within these standards, certain words are used to indicate the relative importance and
priority the city places upon a particular standard.
(i) The words ―shall,‖ ―must,‖ ―will,‖ and ―is/are required,‖ or words with their
equivalent meaning, mean that the development proposal must comply with the standard unless the
director finds that:
Marysville Municipal Code Title 22 UDC
Title 22C-64
(A) The standard is not applicable in the particular instance; or
(B) The development proposal meets the intent of the standards in some other manner.
(ii) The word ―should,‖ or words with its equivalent meaning, mean that the
development proposal will comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance;
(B) The development proposal meets the intent of the standards in some
other manner; or
(C) There is convincing evidence that applying the standard would not be
in the public interest.
(iii) The words ―is/are encouraged,‖ ―can,‖ ―consider,‖ ―help,‖ and ―allow,‖ or
words with their equivalent meaning, mean that the action or characteristic is allowed and will usually
be viewed as a positive element in the city’s review.
(c) The project proponent may submit proposals that he/she feels meet the intent of the
standards but not necessarily the specifics of one or more standards. In this case, the director will
determine if the intent of the standard has been met.
Marysville Municipal Code Title 22 UDC
Title 22C-65
Chapter 22C.070 EAST SUNNYSIDE/WHISKEY RIDGE MASTER PLAN AREA –
DESIGN REQUIREMENTS
Sections:
22C.070.010 Purpose. ....................................................................................65
22C.070.010 Applicability and interpretations. ..................................................65
22C.070.010 Purpose.
The purpose of this chapter is to apply the design standards and guidelines in the East
Sunnyside/Whiskey Ridge Design Standards and Guidelines and the East Sunnyside/Whiskey Ridge
Streetscape Design Plan, as adopted by Ordinance No. 2762, as legally required standards for all new
construction in the East Sunnyside/Whiskey Ridge Master Plan Area (MPA). It is also the purpose of
this chapter to:
(1) Encourage the realization and creation of a desirable and aesthetic environment in the East
Sunnyside/Whiskey Ridge MPA;
(2) Encourage and promote development which features amenities and excellence in site planning,
streetscape, building design and contribution to community aesthetic appeal;
(3) Encourage creative approaches to the use of land and related physical developments;
(4) Minimize incompatible and unsightly surroundings and visual blight which prevent orderly community development; (5) Allow a mixture of complementary land uses that may include housing, retail, offices, and
commercial services, in order to create economic and social vitality and encourage the linking of
vehicle trips;
(6) Develop commercial and mixed use areas that are safe, comfortable and attractive to
pedestrians;
(7) Support the use of streets as public places that encourage pedestrian and bicycle travel;
(8) Reduce opportunities for crimes against persons and property;
(9) Minimize land use conflicts and adverse impacts;
(10) Provide roadway and pedestrian connections between residential and commercial areas;
(11) Provide public places and open space networks to create gateways, gathering places, and
recreational opportunities that enhance the natural and built environment.
22C.070.010 Applicability and interpretations.
(1) Applicability.
(a) The design guidelines set forth in the East Sunnyside/Whiskey Ridge Master Plan, as adopted by Ordinance No. 2762, shall apply to all new construction in the East Sunnyside/Whiskey
Ridge MPA.
(b) The design guidelines shall be legally required standards, which shall be applied by the
city to all development approvals and permits in the East Sunnyside/Whiskey Ridge MPA.
(c) The following activities shall be exempt from these standards:
(i) Construction activities which do not require a building permit;
(ii) Interior remodels of existing structures;
(iii) Modifications or additions to existing multifamily, commercial, industrial, office
and public properties when the modification or addition:
(A) Constitutes less than 10 percent of the existing horizontal square
footage of the use or structure; and
(B) Constitutes less than 10 percent of the existing building’s exterior
facade.
(d) These standards are intended to supplement the zoning standards in the Marysville
Municipal Code. Where these standards and the zoning ordinance standards conflict, the city shall
determine which regulation applies based on which is more in the public interest and more consistent
with the comprehensive plan. (2) Interpreting and Applying the Design Standards. (a) These standards capture the community visions and values as reflected in the
comprehensive plan’s neighborhood planning areas. The city’s community development director
(hereinafter referred to as director) retains full authority to determine whether a proposal meets these
standards.
(b) Within these standards, certain words are used to indicate the relative importance and
priority the city places upon a particular standard.
Marysville Municipal Code Title 22 UDC
Title 22C-66
(i) The words ―shall,‖ ―must,‖ and ―is/are required,‖ or words with their equivalent
meaning, mean that the development proposal must comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance; or
(B) The development proposal meets the intent of the standards in some
other manner.
(ii) The word ―should,‖ or words with its equivalent meaning, mean that the
development proposal will comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance;
(B) The development proposal meets the intent of the standards in some
other manner; or
(C) There is convincing evidence that applying the standard would not be
in the public interest.
(iii) The words ―is/are encouraged,‖ ―can,‖ ―consider,‖ ―help,‖ and ―allow,‖ or
words with their equivalent meaning, mean that the action or characteristic is allowed and will usually
be viewed as a positive element in the city’s review.
(c) The project proponent may submit proposals that he/she feels meet the intent of the
standards but not necessarily the specifics of one or more standards. In this case, the director will
determine if the intent of the standard has been met.
Marysville Municipal Code Title 22 UDC
Title 22C-67
Chapter 22C.080 DOWNTOWN MASTER PLAN AREA – DESIGN REQUIREMENTS
Sections:
22C.080.010 Purpose. ....................................................................................67
22C.080.020 Applicability and interpretations. ..................................................67
22C.080.010 Purpose.
The purpose of this chapter is to apply the guidelines in the downtown master plan, as
adopted by Ordinance No. 2788, as legally required standards for new construction in the downtown
master plan area (MPA). It is also the purpose of this chapter to:
(1) Encourage the realization and creation of a desirable and aesthetic environment in the
downtown MPA;
(2) Encourage and promote development which features amenities and excellence in site planning,
streetscape, building design and contribution to community charm;
(3) Encourage creative approaches to the use of land and related physical developments;
(4) Minimize incompatible and unsightly surroundings and visual blight which prevent orderly
community development;
(5) Implement the city’s comprehensive plan vision, which calls for a vibrant, pedestrian-friendly
mixed-use center that includes an accessible and revitalized waterfront, active core, and enhanced design and landscaped setting; and (6) Ensure attractive, functional development, promote social and economic vitality, and foster
safety, comfort, interest, and identification between people and the downtown.
22C.080.020 Applicability and interpretations.
(1) Applicability.
(a) The guidelines set forth in the downtown master plan, as adopted by Ordinance No.
2788, shall apply to new construction in the downtown MPA, as set forth in A.3 of the guidelines.
(b) The guidelines shall be legally required standards, which shall be applied by the city to
development approvals and permits in the downtown MPA, as set forth in A.3 of the guidelines.
(c) These standards are intended to supplement the zoning standards in the Marysville
Municipal Code. Where these standards and the zoning ordinance standards conflict, the city shall
determine which regulation applies based on which is more in the public interest and more consistent
with the comprehensive plan.
(2) Interpreting and Applying the Design Standards.
(a) These standards capture the community visions and values as reflected in the comprehensive plan’s neighborhood planning areas and downtown master plan. The city’s community
development director (hereinafter referred to as ―director‖) retains full authority to determine whether
a proposal meets these standards.
(b) Within these standards, certain words are used to indicate the relative importance and
priority the city places upon a particular standard.
(i) The words ―shall,‖ ―must,‖ and ―is/are required,‖ or words with their equivalent
meaning, mean that the development proposal must comply with the standard unless the director
finds that:
(A) The standard is not applicable in the particular instance; or
(B) The development proposal meets the intent of the standards in some
other manner.
(ii) The word ―should,‖ or words with its equivalent meaning, mean that the
development proposal will comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance;
(B) The development proposal meets the intent of the standards in some
other manner; or
(C) There is convincing evidence that applying the standard would not be in the public interest. (iii) The words ―is/are encouraged,‖ ―can,‖ ―consider,‖ ―help,‖ and ―allow,‖ or
words with their equivalent meaning, mean that the action or characteristic is allowed and will usually
be viewed as a positive element in the city’s review.
(c) The project proponent may submit proposals that he/she feels meet the intent of the
standards but not necessarily the specifics of one or more standards. In this case, the director will
determine if the intent of the standard has been met.
Marysville Municipal Code Title 22 UDC
Title 22C-68
Chapter 22C.090 RESIDENTIAL DENSITY INCENTIVES
Sections:
22C.090.010 Purpose. ....................................................................................68
22C.090.020 Permitted locations of residential density incentives. .......................68
22C.090.030 Public benefits and density incentives. ..........................................68
22C.090.040 Density bonus recreation features. ...............................................71
22C.090.050 Rules for calculating total permitted dwelling units. .........................71
22C.090.060 Review process. .........................................................................71
22C.090.070 Minor adjustments in final site plans. ............................................72
22C.090.080 Applicability of development standards. .........................................72
22C.090.010 Purpose.
The purpose of this chapter is to provide density incentives to developers of residential lands
in exchange for public benefits to help achieve comprehensive plan goals of creation of quality places
and livable neighborhoods, affordable housing, open space protection, historic preservation, energy
conservation, and environmentally responsible design by:
(1) Defining in quantified terms the public benefits that can be used to earn density incentives;
(2) Providing rules and formulae for computing density incentives earned by each benefit; (3) Providing a method to realize the development potential of sites containing unique features of size, topography, environmental features or shape; and
(4) Providing a review process to allow evaluation of proposed density increases and the public
benefits offered to earn them, and to give the public opportunities to review and comment.
22C.090.020 Permitted locations of residential density incentives.
Residential density incentives (RDI) shall be used only on sites served by public sewers and
only in the following zones:
(1) In R-12 through R-28 zones;
(2) Planned residential developments;
(3) In MU, CB, GC and DC zones; and
(4) SF, MF, and MU zones within the Whiskey Ridge master plan.
22C.090.030 Public benefits and density incentives.
(1) The public benefits eligible to earn increased densities, and the maximum incentive to be
earned by each benefit, are set forth in subsection (5) of this section. The density incentive is expressed as additional bonus dwelling units (or fractions of dwelling units) earned per amount of
public benefit provided. Where a range is specified, the earned credit will be determined by the
community development director during project review.
(2) Bonus dwelling units may be earned through any combination of the listed public benefits.
(3) Residential development in R-12 through R-28 zones with property-specific development
standards requiring any public benefit enumerated in this chapter shall be eligible to earn bonus
dwelling units as set forth in subsection (5) of this section when the public benefits provided exceed
the basic development standards of this title. When a development is located in a special overlay
district, bonus units may be earned if the development provides public benefits exceeding
corresponding standards of the special district.
(4) The guidelines for affordable housing bonuses, including the establishment of rental levels,
housing prices and asset limitations, will be updated and adopted annually by the community
development department. The update shall occur no later than June 30th of each year.
(5) The following are the public benefits eligible to earn density incentives through RDI review:
Benefit Density Incentive
1. Affordable Housing
a. Benefit units consisting of rental housing permanently
priced to serve nonelderly low-income households (i.e., no greater than 30 percent of gross income for household at or below 50 percent of Snohomish County median
income, adjusted for household size). A covenant on the
site that specifies the income level being served, rent levels and requirements for reporting to the city shall be
1.5 bonus units per benefit, up to a maximum of 30
low-income units per five acres of site area; projects on sites of less than five acres shall be limited to 30 low-income units.
Marysville Municipal Code Title 22 UDC
Title 22C-69
recorded at final approval.
b. Benefit units consisting of rental housing designed and
permanently priced to serve low-income senior citizens
(i.e., no greater than 30 percent of gross income for one- or two-person households, one member of which is 62
years of age or older, with incomes at or below 50
percent of Snohomish County median income, adjusted for household size). A covenant on the site that specifies the income level being served, rent levels and
requirements for reporting to the city of Marysville shall
be recorded at final approval.
1.5 bonus units per benefit, up to a maximum of 60
low-income units per five acres of site area; projects on
sites of less than five acres shall be limited to 60 low-income units.
c. Benefit units consisting of mobile home park space or
pad reserved for the relocation of an insignia or noninsignia mobile home that has been or will be
displaced due to closure of a mobile home park located in
the city of Marysville.
1.0 bonus unit per benefit unit.
2. Public Facilities (Schools, Public Buildings or Offices,
Trails and Active Parks)
a. Dedication of public facilities site or trail right-of-way meeting city of Marysville or agency location and size
standards for the proposed facility type.
10 bonus units per usable acre of public facility land or quarter-mile of trail exceeding the minimum
requirements outlined in other sections of this title.
b. Improvement of dedicated public facility site to city of
Marysville standards for the proposed facility type.
2 – 10 (range dependent on facility improvements)
bonus units per acre of improvement. If the applicant is
dedicating the site of the improvements, the bonus units earned by improvements shall be added to the
bonus units earned by the dedication.
c. Improvement of dedicated trail segment to city of
Marysville standards.
1.8 bonus units per quarter-mile of trail constructed to
city standard for pedestrian trails; or
2.5 bonus units per quarter-mile of trail constructed to city standard for multipurpose trails
(pedestrian/bicycle/equestrian).
Shorter segments shall be awarded bonus units on a pro
rata basis. If the applicant is dedicating the site of the improvements, the bonus units earned by
improvements shall be added to the bonus units earned
by the dedication.
d. Dedication of open space, meeting city of Marysville
acquisition standards, to the city, county or a qualified public or private organization such as a nature
conservancy.
2 bonus units per acre of open space.
3. Community Image and Identity
a. Installation and/or dedication of an identified city
gateway (per city of Marysville gateways master plan).
5 bonus units per ―medium scale – cantilevered‖
gateway installation (final design, landscaping and
signage). 6 bonus units per ―large scale – horizontal‖ gateway
installation (final design, landscaping and signage).
10 bonus units per ―informational reader board‖ gateway installation (final design, landscaping and signage).
10 bonus units per civic space gateway (Comeford Park)
improvement (final design, landscaping and signage). 5 bonus units per large gateway improvement (final
design, landscaping and signage).
4. Historic Preservation
a. Dedication of a site containing an historic landmark to
the city of Marysville or a qualifying nonprofit organization capable of restoring and/or maintaining the premises to standards set by Washington State Office of Archaeology
and Historic Preservation.
0.5 bonus unit per acre of historic site.
Marysville Municipal Code Title 22 UDC
Title 22C-70
b. Restoration of a site or structure designated as an historic landmark. 0.5 bonus unit per acre of site or 1,000 square feet of floor area of
building restored.
5. Locational/Mixed Use
a. Developments located within a quarter-mile of transit routes, and within
one mile of fire and police stations, medical, shopping, and other community services.
5 percent increase above the base
density of the zone.
b. Mixed use developments over one acre in size having a combination of commercial and residential uses. 10 percent increase above the base density of the zone.
6. Storm Drainage Facilities Dual use retention/detention facilities
a. Developments that incorporate active recreation facilities that utilize the
storm water facility tract.
5 bonus units per acre of the storm
water facility tract used for active recreation.
b. Developments that incorporate passive recreation facilities that utilize the
storm water facility tract.
2 bonus units per acre of the storm
water facility tract used for passive recreation.
7. Project Design a. Preservation of substantial overstory vegetation (not included within a
required NGPA). No increase in permitted density shall be permitted for sites
that have been cleared of evergreen trees within two years prior to the date of application for PRD approval. Density increases granted which were based
upon preservation of existing trees shall be forfeited if such trees are
removed between the time of preliminary and final approval and issuance of
building permits.
5 percent increase above the base
density of the zone.
b. Retention or creation of a perimeter buffer, composed of existing trees and vegetation, additional plantings, and/or installation of fencing or landscaping, in order to improve design or compatibility between neighboring land uses.
1 bonus unit per 500 lineal feet of perimeter buffer retained, enhanced or created (when not otherwise
required by city code).
c. Project area assembly involving 20 acres or more, incorporating a mixture
of housing types (detached/attached) and densities.
10 percent increase above the base
density of the zone.
d. Private park and open space facilities integrated into project design. 5 bonus units per improved acre of
park and open space area. Ongoing
facility maintenance provisions are required as part of RDI approval.
8. Energy Conservation a. Benefit units that incorporate conservation features in the construction of
all on-site dwelling units qualifying as Energy Star homes per Washington
State Energy Code, as amended.
0.10 bonus unit per benefit unit that
achieves the required savings.
9. Low Impact Development (LID)
a. Integration of LID measures in project design and storm water facility construction.
5 – 10 percent increase over base
density (range dependent on degree of LID integration in project design
and construction).
10. Pedestrian Connections and Walkability
a. Construction of an identified pedestrian/bicycle deficiency (per city of
Marysville improvement plan). Improvements may consist of paved shoulder, sidewalk or detached path or walkway depending on adjoining conditions.
1 bonus unit per 75 lineal feet of
frontage improvement (curb, gutter,
sidewalks) on minor arterial streets. (Fee in lieu of improvement at $15,000 per bonus unit.)
1 bonus unit per 100 lineal feet of
frontage improvement (curb, gutter, sidewalks) on neighborhood
collector or collector arterial streets.
1 bonus unit per 300 lineal feet of
walkway improvement (7-foot paved shoulder or walkway). (Rate
may be increased if additional right-
of-way is required.)
Marysville Municipal Code Title 22 UDC
Title 22C-71
22C.090.040 Density bonus recreation features.
(1) Active recreation features qualifying for a density bonus shall include one or more of the following:
(a) Multipurpose sport court;
(b) Basketball court;
(c) Tennis court;
(d) Tot lot with play equipment (soft surface);
(e) Any other active recreation use approved by the director.
(2) Passive recreation qualifying for density bonus shall include one or more of the following:
(a) Open play areas;
(b) Pedestrian or bicycle paths;
(c) Picnic areas with tables and benches;
(d) Gazebos, benches and other resident gathering areas;
(e) Community gardens;
(f) Nature interpretive areas;
(g) Waterfalls, fountains, streams;
(h) Any other passive recreation use approved by the director.
(3) Design in ponds as dual use storm water retention/detention and/or recreation facilities.
(a) The facility should be designed with emphasis as a recreation area, not a storm water control structure. The majority of the storm water retention/detention tract shall be designed as usable open recreation area.
(b) Control structures shall not be prominently placed. Care should be taken to blend
them into the perimeter of the recreation area.
(c) Ponds used as recreation areas shall have a curvilinear design with a shallow water
safety bench.
22C.090.050 Rules for calculating total permitted dwelling units.
The total dwelling units permitted through RDI review shall be calculated using the following
steps:
(1) Calculate the number of dwellings permitted by the base density of the site in accordance with
Chapter(s) 22C.010 and 22C.020 MMC;
(2) Calculate the total number of bonus dwelling units earned by providing the public benefits
listed in MMC 22C.090.030(5);
(3) Add the number of bonus dwelling units earned to the number of dwelling units permitted by
the base density; (4) Round fractional dwelling units down to the nearest whole number; and
(5) On sites with more than one zone or zone density, the maximum density shall be calculated
for the site area of each zone. Bonus units may be reallocated within the zone in the same manner set
forth for base units in Section(s) 22C.010.230 and 22C.020.200 MMC.
22C.090.060 Review process.
(1) All RDI proposals shall be reviewed concurrently with a primary proposal to consider the
proposed site plan and methods used to earn extra density as follows:
(a) For the purpose of this section, a primary proposal is defined as a proposed rezone,
conditional use permit or commercial building permit;
(b) When the primary proposal requires a public hearing, the public hearing on the
primary proposal shall serve as the hearing on the RDI proposal, and the reviewing authority shall
make a consolidated decision on the proposed development and use of RDI;
(c) When the primary proposal does not require a public hearing under this title, the RDI
proposal shall be subject to the decision criteria for conditional use permits outlined in MMC
22G.010.410 and to the procedures set forth for community development director review in this title;
and (d) The notice for the RDI proposal also shall include the development’s proposed density and a general description of the public benefits offered to earn extra density.
(2) RDI applications which propose to earn bonus units by dedicating real property or public
facilities shall include a letter from the applicable receiving agency certifying that the proposed
dedication qualifies for the density incentive and will be accepted by the agency or other qualifying
organization. The city of Marysville shall also approve all proposals prior to granting density incentives
Marysville Municipal Code Title 22 UDC
Title 22C-72
to the project. The proposal must meet the intent of the RDI chapter and be consistent with the city of
Marysville comprehensive plan.
22C.090.070 Minor adjustments in final site plans.
When issuing building permits in an approved RDI development, the department may allow minor
adjustments in the approved site plan involving the location or dimensions of buildings or landscaping,
provided such adjustments shall not:
(1) Increase the number of dwelling units;
(2) Decrease the amount of perimeter landscaping (if any);
(3) Decrease residential parking facilities (unless the number of dwelling units is decreased);
(4) Locate structures closer to any site boundary line; or
(5) Change the locations of any points of ingress and egress to the site.
22C.090.080 Applicability of development standards.
(1) RDI developments shall comply with dimensional standards of the zone with a base density
most closely comparable to the total approved density of the RDI development.
(2) RDI developments in the R-12 through R-28 zones and the mixed use zone shall be
landscaped in accordance with Chapter 22C.120 MMC.
(3) RDI developments shall provide parking as follows: (a) Projects with 100 percent affordable housing shall provide one off-street parking space per unit. The community development director may require additional parking, up to the maximum
standards for attached dwelling units, which may be provided in common parking areas.
(b) All other RDI proposals shall provide parking consistent with Chapter 22C.130 MMC.
(4) RDI developments shall provide on-site recreation space at the levels required in Sections(s)
22C.010.320 and 22C.020.270 MMC.
Marysville Municipal Code Title 22 UDC
Title 22C-73
Chapter 22C.100 NONCONFORMING SITUATIONS
Sections:
22C.100.010 Purpose. ....................................................................................73
22C.100.020 Nonconformance – Applicability. ...................................................73
22C.100.030 Nonconforming structures. ...........................................................73
22C.100.040 Nonconforming uses. ..................................................................73
22C.100.050 Discontinuance or abandonment. ..................................................74
22C.100.060 Conditional uses. ........................................................................74
22C.100.010 Purpose.
Nonconforming structures and nonconforming uses, as defined in this chapter, shall be allowed
to continue in existence, and to be repaired, maintained, remodeled, expanded and intensified, but
only to the extent expressly allowed by the provisions of this chapter. It is the purpose of the city to
ultimately have all structures and uses brought into conformity with the land use codes and
regulations duly adopted by the city, as the same may be amended from time to time. Nonconforming
structures and uses should be phased out or brought into conformity as completely and as speedily as
possible with due regard to the special interests and property rights of those concerned.
22C.100.020 Nonconformance – Applicability. (1) All nonconformances shall be subject to the provisions of this chapter.
(2) The provisions of this chapter do not supersede or relieve a property owner from compliance
with:
(a) The requirements of the Uniform Building and Fire Codes; or
(b) The provisions of this code beyond the specific nonconformance addressed by this
chapter.
22C.100.030 Nonconforming structures.
A nonconforming structure is one which was in compliance with all land use codes and
regulations at the time it was constructed, but which violates the bulk or dimensional requirements of
the current land use codes and regulations of the city.
(1) Nonconforming structures may be repaired and maintained. The interior of said structures may
be restored, remodeled and improved to the extent of not more than 25 percent of the assessed value
of the structure in any consecutive period of 12 months.
(2) The exterior dimensions of a nonconforming structure may be enlarged by up to 100 percent of the floor area existing at the effective date of the nonconformance; provided, that the degree of
nonconformance shall not be increased, and the then-current bulk and dimensional requirements of
the zone in which it is located shall be observed with respect to the new portion of the building.
(3) A nonconforming structure which is voluntarily or accidentally destroyed, demolished or
damaged, or allowed to deteriorate, to the extent where restoration costs would exceed 75 percent of
the assessed value of the structure, may be restored and rebuilt only if the structure, in its entirety, is
brought into conformity with the then-current bulk and dimensional requirements of the zone in which
it is located; provided, that a single-family residence with nonconforming status in a residential zone
may be restored and rebuilt to any extent as long as it does not increase the preexisting degree of
nonconformance; provided, a single-family residence with nonconforming status in zones other than
residential may be restored and rebuilt to any extent on the original footprint of the structure’s
foundation so long as it does not increase the preexisting degree of nonconformance, upon obtaining a
conditional use permit pursuant to this chapter.
(4) When a structure or a portion thereof is moved to a new location, it must be made to conform
to all then-current land use restrictions applicable to the new location.
(5) Nonconforming structures shall not be exempt from compliance with all current codes and
regulations relating to storm drainage, landscaping, off-site traffic mitigation and frontage improvements including curbs, gutters and sidewalks.
22C.100.040 Nonconforming uses.
A nonconforming use is any use of land or of a structure which was legal at the time of its
establishment but which violates the land use provisions of the current codes and regulations of the
city, including those relating to zoning districts, density, access and off-street parking.
Marysville Municipal Code Title 22 UDC
Title 22C-74
(1) A nonconforming use loses its status, and must be discontinued, if the structure in which it is
located is voluntarily or accidentally destroyed, demolished or damaged, or is allowed to deteriorate, to the extent where restoration costs would exceed 75 percent of the assessed value of the structure.
Provided, all nonconforming residential structures which are allowed to be restored and rebuilt as
described in MMC 22C.100.030(3), shall be allowed to continue the residential use thereof.
(2) A nonconforming use cannot be changed to a fundamentally different use unless it is brought
into complete conformity with the current codes and regulations. An increase in volume or intensity of
a nonconforming use is permissible, however, where the nature and character of the use is unchanged
and substantially the same facilities are used. The test is whether the intensified use is different in
kind from the nonconforming use in existence at the effective date of the nonconformance.
(3) A nonconforming use may be expanded upon the granting of a conditional use permit as
provided in this chapter; provided, that such expansion of a nonconforming use shall not increase the
land area devoted to the nonconforming use by more than 150 percent of that in use at the effective
date of the nonconformance.
(4) Use established in part but not all of a building at the effective date of the nonconformance
may expand within said building by up to 100 percent of the preexisting floor area dedicated to said
use upon obtaining a conditional use permit as provided in this chapter. Unlimited expansion within
the building shall be permissible upon obtaining a conditional use permit if the original design of the
building indicates that it was intended to be ultimately dedicated, in its entirety, to the use in question.
22C.100.050 Discontinuance or abandonment.
(1) Any nonconforming structure which has been unoccupied for a period of 24 consecutive
months, or more, shall lose its nonconforming status and shall not be reoccupied unless and until it is
brought into conformity with the current bulk and dimensional requirements of the city codes.
(2) If a nonconforming use is discontinued or abandoned for a period of 12 consecutive months or
more, the nonconforming status of the use is terminated, and any future use of the land or structure
shall be in conformity with the then-current requirements of the city’s land use codes. The mere
presence of a structure, equipment or material shall not be deemed to constitute a continuance of a
nonconforming use unless the structure, equipment or material is actually being occupied or employed
in maintaining such use.
22C.100.060 Conditional uses.
The department shall have authority to grant conditional use permits referred to in this
chapter. The procedures used by the department shall comply with Chapter 22G.010 MMC Article V – Code Compliance and Director Review Procedures. The department shall apply the following criteria:
(1) A nonconforming use or structure should not result in a lack of compatibility with existing and
potential uses in the immediate area.
(2) Adverse impacts of a nonconforming use or structure must be mitigated by site design
elements such as landscaping, provision for parking, elimination of outside storage, and general visual
improvement of the property.
(3) Adequate provisions must be made for public improvements such as sewer, water, drainage,
pedestrian circulation and vehicle circulation, both on-site and off-site.
(4) Concerns of adjacent property owners and the general public must be properly considered.
Marysville Municipal Code Title 22 UDC
Title 22C-75
Chapter 22C.110 TEMPORARY USES
Sections:
22C.110.010 Purpose. ....................................................................................75
22C.110.020 Type of Temporary uses. .............................................................75
22C.110.030 Permit required. .........................................................................76
22C.110.040 Exemptions. ...............................................................................77
22C.110.050 Decision Criteria. ........................................................................77
22C.110.010 Purpose.
(1) General.
The purpose of this Chapter is to establish standards for the approval of four types of temporary use:
(a) Use that is seasonal or directed toward a special event;
(b) Use which is occasioned by an unforeseen event;
(c) Sales offices and model homes in conjunction with the sale of homes; and
(d) Dwellings and structures
(2) Respect for base zoning districts.
It is not the intent of this Chapter to provide a means to circumvent the strict application of
the permitted uses in the base zoning districts. Time limits are to be strictly enforced. (3) Location. All temporary uses addressed in this section shall be located on private property, not in public
right-of-way.
22C.110.020 Type of Temporary uses.
(1) Seasonal or special events. Examples of this type of temporary use include:
(a) Use associated with the celebration of a specific holiday such as the sale of Christmas
trees. Firework stands require a permit in accordance with Chapter 9.20 MMC, but do not require
temporary use approval pursuant to this chapter.
(b) Outdoor art and craft shows and exhibits;
(c) Use associated with the sale of fresh fruits, produce and flowers;
(d) Use associated with festivals, grand openings or celebrations;
(e) Seasonal activities such as the sale of food at sports events and activities;
(f) Mobile services such as veterinary services for purposes of giving shots;
(g) Group retail sales such as swap meets, flea markets, parking lot sales (excluding
automobile sales), Saturday Market, auctions, etc. (h) Use associated with construction such as the storage of equipment during the
construction of roads or development, but not a temporary sales office or model home as provided in
subsection (3) of the section; and
(i) Temporary fund-raising and other civic activities in commercial or industrial zoning
districts.
(2) Unforeseen/emergency situations.
This type of temporary use is one for which there is a need because of an unforeseen event
such as fire, windstorm or flood. The uses listed are allowed only with approved from the community
development director. Examples of this type of temporary use include:
(a) A mobile home, recreational vehicle or other temporary structure for a residential
purpose in a residential zone;
(b) A mobile office or other temporary structure for a business purpose in a commercial or
industrial zone; and
(c) Use of an existing legally established dwelling during the construction period of a new
residence on the same lot.
(3) Temporary sales office/model or display home.
(a) A temporary real estate sales office located in a model or display home is allowed subject to the following conditions: (i) If situated in a residential zone, the office may only be used for sale activities
related to the subdivision in which it is located;
(ii) If situated in a commercial zone, the office may only be used for sales related
to the model or display home itself.
Marysville Municipal Code Title 22 UDC
Title 22C-76
(b) Until December 31, 2011, a temporary real estate office may be located in a
temporary structure erected on an existing lot within a residential subdivision subject to the following conditions:
(i) The temporary real estate office may be used only for sale activities related to
the subdivision in which it is located;
(ii) The temporary real estate office has access to an Americans with Disabilities
Act (ADA) accessible restroom located in or adjacent to said office;
(iii) ADA accessibility is provided to the temporary unit. General site, accessible
routes and building elements shall comply with ICC/ANSI A117.1-2003 or current edition;
(iv) The temporary real estate office shall meet all applicable building and fire
codes, or shall be immediately removed;
(v) The temporary real estate office shall be removed immediately upon the sale
of the last lot within the subdivision or December 31, 2011, whichever occurs first.
(4) Temporary dwellings and structures.
The following temporary dwellings and structures shall be allowed:
(a) A temporary dwelling for use as a residence by the owners of a lot during construction
of a permanent residential structure on the lot. The temporary building need not comply with the
requirements of the Uniform Building Code, but shall meet minimum health and safety standards
prescribed by the building official. It shall be removed from the real estate upon completion of the permanent residential structure or after one year, whichever occurs first. (b) A temporary structure for use by a contractor as a construction shed or office while
building or remodeling a permanent structure on the same lot. The temporary structure shall not be
open to the public. It need not comply with the requirements of the Uniform Building Code, but shall
meet health and safety standards prescribed by the building official. It shall be removed from the lot
upon completion of the permanent structure or after one year, whichever occurs first.
(c) A temporary structure erected on public property for special occasions such as
parades, festivals or other public events; and temporary structures erected on public property to meet
extraordinary needs of a public entity which affect the public health, safety or welfare. Such structures
need not comply with the requirements of the Uniform Building Code, but shall meet minimum health
and safety standards prescribed by the building official. They shall be removed at the conclusion of the
special event or upon termination of the extraordinary public need.
(d) Temporary dwelling upon the same, or if necessary, contiguous lot (which for this
purpose shall become a part of the principal lot) as the principal dwelling for use by only a relative by
blood or marriage of the occupants of the principal dwelling, where such relative is to receive from, or
administer to, the principal dwelling occupant continuous care and assistance necessitated by advanced age or infirmity, subject to the following minimum conditions:
(i) The permit shall not be granted where other provisions of city ordinance
provide a reasonable alternative for meeting the need for the dwelling;
(ii) The need for such continuous care and assistance shall be attested to in
writing by a licensed physician;
(iii) The temporary dwelling shall be occupied by not more than two persons;
(iv) Use as a commercial residence is prohibited;
(v) The temporary dwelling shall be situated not less than 20 feet from the
principal dwelling on the same lot and shall not be located in any required yard of the principal
dwelling;
(vi) A current vehicular license plate, if applicable, shall be maintained during the
period of time the temporary unit is situated on the premises;
(vii) Adequate screening, landscaping or other measures shall be provided to
protect surrounding property values and ensure compatibility with the immediate neighborhood;
(viii) An annual building or mobile home permit renewal for the temporary dwelling
shall be required, at which time the property owner shall certify, on a form provided by the community
development department, to the continuing need for the temporary dwelling and, in writing, agree that such use of the property shall terminate at such time as the need no longer exists.
22C.110.030 Permit required.
Except as provided by MMC 22C.110.040, a temporary use permit shall be required for all
temporary uses listed in MMC 22C.110.020.
Marysville Municipal Code Title 22 UDC
Title 22C-77
22C.110.040 Exemptions.
The following activities are exempt from requirements to obtain temporary use permit approval:
(1) Uses subject to the special events provisions of Ordinance No. 2099, , when the use does not
exceed a total of fourteen (14) days each calendar year, whether at the same location in the city or at
different locations.
(2) Community festivals, amusement rides, carnivals, or circuses, , when the use does not exceed
a total of fourteen (14) days each calendar year, whether at the same location in the city or at
different locations.
(3) Fireworks stands, subject to the provisions of Chapter 9.20 MMC.
(4) Garage sales. Garage sales shall have no more than two (2) sales per year and no such sale
shall continue more than six (6) days within a fifteen (15) day period.
(5) Contractor’s office, storage yard, and equipment parking and servicing on the site of an active
construction project.
(6) Home occupations in conformance with Chapter 22C.190 MMC;
(7) Fund raising car washes. The fund raising coordinator is required to obtain a clean water car
wash kit from the Public Works department in order to prevent water from entering the public storm
sewer system.
(8) Any use not exceeding a cumulative total of two (2) days each calendar year. 22C.110.050 Decision Criteria.
(1) The community development director, or designee, may authorize temporary uses after
consultation and coordination with all other applicable City departments and other agencies and only
when all the following determinations can be made:
(a) The temporary use will not impair the normal, safe, and effective operation of a
permanent use on the same site.
(b) The temporary use will be compatible with uses in the general vicinity and on adjacent
properties.
(c) The temporary use will not significantly impact public health, safety or welfare, or
create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct or
uses and activities in the vicinity.
(d) The use and associated structures will be conducted and used in a manner compatible
with the surrounding area.
(e) The use shall comply with the goals, policies and standards of the Unified Development
Code. (2) General Conditions.
(a) A temporary use conducted in a parking facility shall not occupy or remove from
availability more than twenty-five (25) percent of the spaces required for the permanent use.
(b) Each site occupied by a temporary use must provide or have available sufficient
parking and vehicular maneuvering area for customers. Such parking need not comply with Chapter
22C.130 MMC, but must provide safe and efficient interior circulation and ingress and egress to and
from public rights-of-way.
(c) The applicant for a proposed temporary use shall provide any parking/traffic control
attendants as specified by the city of Marysville.
(d) The temporary use shall comply with all applicable standards of the Snohomish Health
District.
(e) No temporary use shall occupy or use public parks in any manner unless specifically
approved by the Parks Department.
(f) The temporary use permit shall be effective for no more than one-hundred eighty
(180) days from the date of the first event or occurrence.
(g) No temporary use shall occupy or operate within the City of Marysville for more than
sixty (60) days within any calendar year, unless otherwise restricted in this chapter. The sixty (60) days need not run consecutively. The sixty (60) days may occur at any time within the one-hundred eighty (180) day term of the temporary use permit as long as each day is designated and approved.
(h) Parking lot sales (excluding automobile sales), shall not exceed a total of fourteen (14)
days each calendar year. The fourteen (14) days need not run consecutively. The fourteen (14) days
may occur at any time within the one-hundred eighty (180) day term of the temporary use permit as
long as each day is designated and approved.
Marysville Municipal Code Title 22 UDC
Title 22C-78
(i) The temporary use permit shall specify a date upon which the use shall be terminated
and removed; and (j) A temporary use permit shall not be granted for the same temporary use on a
property more than once per calendar year; provided, that a temporary use permit may be granted
for multiple events during the approval period.
(k) All temporary uses shall obtain, prior to occupancy of the site, all applicable City of
Marysville permits, licenses and other approvals (i.e. business license, building permit, administrative
approvals, etc.)
(l) The applicant for a temporary use shall supply written authorization from the owner of
the property on which the temporary use is located.
(m) Each site occupied by a temporary use shall be left free of debris, litter, or other
evidence of the temporary use upon completion of removal of the use.
(n) All materials, structures and products related to the temporary use must be removed
from the premises between days of operation on the site, provided that materials, structures and
products related to the temporary use may be left on site overnight between consecutive days of
operation.
(o) The community development director, or designee, may establish such additional
conditions as may be deemed necessary to ensure land use compatibility and to minimize potential
impacts on nearby uses. These include, but are not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirement for screening or enclosure, and guarantees for site restoration and cleanup following temporary uses.
Marysville Municipal Code Title 22 UDC
Title 22C-79
Chapter 22C.120 LANDSCAPING AND SCREENING
Sections:
22C.120.010 Purpose. ....................................................................................79
22C.120.020 Application. ................................................................................79
22C.120.030 Plan Submittal Requirements. ......................................................79
22C.120.040 Irrigation Requirement. ...............................................................80
22C.120.050 Water Conservation Standards. ....................................................80
22C.120.060 Completion and Security for Performance and Maintenance. ............81
22C.120.070 Berms and walls. ........................................................................81
22C.120.080 Native trees. ..............................................................................82
22C.120.090 Mixed use developments. ............................................................82
22C.120.100 Modification due to site characteristics. .........................................82
22C.120.110 Descriptions of screens and landscaping types. ..............................82
22C.120.120 Required landscape buffers. .........................................................83
22C.120.130 Landscaping requirements for parking and outdoor display areas......84
22C.120.140 Street Tree Requirements. ...........................................................84
22C.120.150 SR 9 Fence and Landscaping Design Options ..................................85
22C.120.160 Screening and Impact Abatement .................................................87 22C.120.170 Landscaping – Soil amendment. ...................................................87 22C.120.180 Landscaping – Maintenance. ........................................................87
22C.120.190 Landscaping – Alternative options. ................................................88
22C.120.010 Purpose.
The City of Marysville recognizes the aesthetic, ecological and economic value of landscaping
and requires its use to:
(1) Promote the distinct character and quality of life and development expected by the community
as indicated and supported in the policies of the comprehensive plan;
(2) Maintain and protect property values;
(3) Enhance the visual appearance of the City;
(4) Enhance the compatibility of new development with surrounding properties;
(5) Provide visual relief from large expanses of parking areas and reduction of perceived building
scale;
(6) Provide physical separation between residential and nonresidential areas;
(7) Provide visual screens and barriers as a transition between differing land uses; (8) Preserve and enhance Marysville’s urban forest;
(9) Preserve and enhance existing vegetation and significant trees by incorporating them into the
site design; and
(10) Reduce stormwater runoff pollution, temperature and volume
22C.120.020 Application.
All new commercial, industrial, and multiple-family development, substantial improvements, or
changes in occupancy shall be subject to the provisions of this chapter. For the purpose of this
chapter, a substantial improvement means any, structural modification, addition or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the
structure before the modification or addition is started; provided, that specific landscaping provisions
for uses established through a conditional use permit shall be determined during the applicable review
process.
22C.120.030 Plan Submittal Requirements.
Landscape plans are not required for houses and duplexes. For all other types of development
landscape plans shall: (1) Be submitted at the time of application for a development permit; and (2) Include the following elements:
(a) The footprint of all structures.
(b) The final site grading.
(c) All parking areas and driveways.
(d) All sidewalks, pedestrian walkways and other pedestrian areas.
(e) The location, height and materials for all fences and walls.
Marysville Municipal Code Title 22 UDC
Title 22C-80
(f) The common and scientific names of all plant materials used, along with their size at
time of planting. (g) The location of all existing and proposed plant materials on the site.
(h) A proposed irrigation plan; and
(i) Location of all overhead utility and communication lines, location of all driveways and
street signs.
22C.120.040 Irrigation Requirement.
All landscaped areas shall be provided with an irrigation system or a readily available water
supply with at least one (1) outlet located within fifty (50) feet of all plant material.
22C.120.050 Water Conservation Standards.
(1) Water conservation standards.
(a) Applicability. In order to ensure efficient water use in landscaped areas, the following
standards shall be applied to all landscaping associated with office, commercial, industrial,
institutional, parks and greenways, multiple family residential projects, and commonly-owned and/or
maintained areas of single family residential projects.
(b) Exemptions. These standards do not apply to landscaping in private areas of single-
family projects. Parks, playgrounds, sports fields, golf courses, schools, and cemeteries are exempt from specified turf area limitations where a functional need for turf is established. All other requirements are applicable.
(c) Plant selection and use limitation.
(i) Turf, high-water-use plantings (e.g. annuals, container plants) and water
features (e.g. fountains, pools) shall be considered high-water-uses and shall be limited to not more
than forty (40) percent of the projects landscaped area if non-drought resistant grass is used, and no
more than fifty (50) percent of the landscaped area if drought resistant grass is used.
(ii) Plants selected in all areas not identified for turf or high-water-use plantings
shall be well suited to the climate, soils, and topographic conditions of the site, and shall be low water
use plants once established.
(iii) Plants having similar water use shall be grouped together in distinct
hydrozones and shall be irrigated with separate irrigation circuits.
(iv) No turf or high-water-use plants shall be allowed on slopes exceeding twenty-
five (25) percent, except where other project water saving techniques can compensate for the
increased runoff, and where the need for such slope planting is demonstrated.
(v) No turf or high-water-use plants shall be allowed in areas five (5) feet wide or less except public right-of-way planter strips.
(d) Newly landscaped areas should have soils amended with either four inches of
appropriate organic material with the first two-inch layer tilled into existing soils, or as called for in a
soil amendment plan for the landscape.
(e) Newly landscaped areas, except turf, should be covered and maintained with at least
two inches of organic mulch to minimize evaporation.
(f) Irrigated turf on slopes with finished grades in excess of thirty-three percent is
discouraged.
(g) Retention of existing trees and associated understory vegetation is encouraged to
reduce impacts to the stormwater system and to reduce water use.
(2) Water efficient landscape (xeriscape) standards.
(a) As an alternative to traditional landscaping, the City encourages the use of xeriscape
practices, which minimize the need for watering or irrigation. Xeriscape principles can be summarized
as follows:
(i) Using plants with low moisture requirements;
(ii) Selecting plants for specific site microclimates that vary according to slope,
aspect, soil, and exposure to sun and moisture; (iii) Using native, non-invasive, adapted plant species; (iv) Minimizing the amount of irrigated turf;
(v) Planting and designing slopes to minimize storm water runoff;
(vi) Use of separate irrigation zones adjusted to plant water requirements and use
of drip or trickle irrigation systems;
(vii) Using mulch in planted areas to control weeds, cool the soil and reduce
evaporation; and
Marysville Municipal Code Title 22 UDC
Title 22C-81
(viii) Emphasizing soil improvement, such as deep tilling, adding organic matter and
other amendments based on soil tests. (b) Appropriate plant species. Trees and plants used in xeriscape plantings pursuant to
this Section shall:
(i) Appropriate for the ecological setting in which they are to be planted;
(ii) Have non-invasive growth habits;
(iii) Encoruage low maintenance and sustainable landscape design;
(iv) Be commercially available;
(v) Shall not be plant material that was collected in the wild; and
(vi) Be consistent with the purpose and intent of this Section.
(c) Native vegetation. Within xeriscape areas, a minimum of 50% native plants shall be
used.
(d) Prohibited species. The City shall maintain a list of prohibited species, which are
invasive or noxious. Where such species already exist, their removal shall be a condition of
development approval.
(e) Additional planting standards
(i) For xeriscape areas, soil samples shall be analyzed to determine what soil
conditioning or soil amendment s should be used at the time of planting. Soil conditioning measures
shall be adequate for the plant species selected. (ii) Trees, shrubs, perennials, perennial grasses and groundcovers shall be located and spaced to accommodate their mature size on the site.
(f) Plant replacement. The developer shall maintain xeriscape plantings for a two-year
period from the date of planting. Within the two-year period, the developer shall replace or otherwise
guarantee any failed plantings:
(i) Dead or dying trees or shrubs shall be replaced; and
(ii) Plantings or perennials, perennial grasses or groundcovers shall be replanted
to maintain a maximum twenty (20) percent mortality rate from the date of planting.
(3) Stormwater. Applicants are encouraged to incorporate landscaping into the on-site
stormwater treatment system to the greatest extent practicable.
22C.120.060 Completion and Security for Performance and Maintenance.
(1) All required landscaping shall be in place before certificates of occupancy are issued. If, due
to weather conditions, it is not feasible to install required landscape improvements, a temporary
certificate of occupancy may be issued after a performance bond, irrevocable letter of credit, or
assignment of cash deposit has been posted in accordance with Chapter 22G.040 MMC. Upon completion of the landscape improvements, the bond or device is released and a permanent certificate
of occupancy issued; except a maintenance bond, irrevocable letter of credit, or assignment of cash
deposit in accordance with Chapter 22G.040 MMC shall be required for a minimum duration of two
growing seasons (March through October), as prescribed in subsection (2) of this section.
(2) A certificate of occupancy may be issued only after a maintenance bond, irrevocable letter of
credit, or assignment of cash deposit has been posted in accordance with Chapter 22G.040 MMC. This
bond, irrevocable letter of credit, or assignment of cash deposit shall be held for a minimum duration
of two growing seasons (March through October) to assure the full establishment of all plantings.
After two growing seasons, if the plantings are fully established, the maintenance bond, irrevocable
letter of credit, or assignment of cash deposit is released. If the plantings have not been fully
established, the bond irrevocable letter of credit, or assignment of cash deposit shall be held for one
additional growing season, then released or used to re-establish the plantings, whichever is
appropriate.
(3) Projects requiring minor landscaping improvements, as determined by the community
development director, shall submit a maintenance bond, irrevocable letter or credit, or assignment of
cash deposit in an amount equal to the current cost of the landscaping work, for a minimum duration
of one (1) year. 22C.120.070 Berms and walls.
Berms and walls for noise screening, may be required by the hearing examiner or community
development director in accordance with recommendations from a qualified sound consultant.
Marysville Municipal Code Title 22 UDC
Title 22C-82
22C.120.080 Native trees.
Where a site has substantial numbers of native trees, site development shall be sensitive to the preservation of such vegetation, including the root zone. Prior to any site work, any trees which
have been identified for preservation shall be fenced at their drip lines.
22C.120.090 Mixed use developments.
Residential structures within a project, shall be buffered from commercial structures and
adjoining parking lots by use of vegetation, landscaping, fencing, walls, berms or other similar
methods which are deemed under the circumstances to create effective and aesthetically pleasing
screens or buffers between such diverse land uses.
22C.120.100 Modification due to site characteristics.
Except where specifically prohibited by the hearing examiner, the community development
department, concurrently with action on the final site plan, may waive or modify landscaping
requirements abutting residentially designated property where abutting residential uses will not be
adversely affected, and where existing physical improvements, physiographic features or imminent
changes in abutting land uses will render full compliance with said requirements ineffective. If said
requirements are waived, or width of the buffer reduced, the community development department
shall establish the minimum side and rear yard building setbacks from residentially designated property.
22C.120.110 Descriptions of screens and landscaping types.
The following five basic types of landscaping are hereby established and are used as the basis
for requirements set forth in Table 1.
(1) L1 - Opaque Screen. A screen that is opaque from the ground to a height of at least six feet,
with intermittent visual obstructions from the opaque portion to a height of at least 20 feet. An
opaque screen is intended to exclude all visual contact between uses and to create a strong
impression of spatial separation. The opaque screen may be composed of a wall, fence, landscaped
earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or
natural vegetation will be judged on the basis on the average mature height and density of foliage of
the subject species, or field observation of existing vegetation. The opaque portion of the screen must
be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstructions should
not contain any completely unobstructed openings more than 10 feet wide. The portion of intermittent
visual obstructions may contain deciduous plants. Suggested planting patterns that will achieve this
standard are included in administrative guidelines prepared by the community development department.
(2) L2 - Semi-Opaque Screen. A screen that is opaque from the ground to a height of three feet,
with intermittent visual obstruction from above the opaque portion to a height of at least 20 feet. The
semi-opaque screen is intended to partially block visual contact between uses and to create a strong
impression of the separation of spaces. The semi-opaque screen may be composed of a wall, fence,
landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative
screens or natural vegetation will be judged on the basis of the average mature height and density of
foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of
intermittent visual obstructions should not contain any completely unobstructed openings more than
10 feet wide. The zone of intermittent visual obstruction may contain deciduous plants. Suggested
planting patterns which will achieve this standard are included in administrative guidelines prepared
by the community development department.
(3) L3 - Broken Screen. A screen composed of intermittent visual obstructions from the ground to
a height of at least 20 feet. The broken screen is intended to create the impression of a separation of
spaces without necessarily eliminating visual contact between the spaces. It may be composed of a
wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted
vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The screen may contain deciduous plants. Suggested planting patterns which will achieve this standard are included in
administrative guidelines prepared by the community development department.
(4) L4 - Parking Area Landscaping. Landscaping that provides shade and visual relief while
maintaining clear sight lines within parking areas. Planting areas should contain a mixture of
evergreen and deciduous trees, shrubs and groundcover in planting islands or strips having an area of
at least 75 square feet and narrow dimension of no less than five feet. Suggested planting patterns
Marysville Municipal Code Title 22 UDC
Title 22C-83
which will achieve this standard are included in administrative guidelines prepared by the community
development department. (5) L5 - Retention/Detention Pond Landscaping. Landscaping that provides visual relief through a
reduction in sight lines visible from a public right-of-way. Landscaping shall include all visible
perimeter areas including side slopes and benches visible from said right-of-way. Planting areas must
be a minimum of five feet in width along adjacent right-of-way and may incorporate no more than 30
percent deciduous plantings due to maintenance and pond performance constraints. Landscaped areas
shall be on the exterior of any walls or fences; provided, that this requirement shall not apply to side
slopes or benches within the fenced area. Suggested planting patterns that will achieve this standard
are included in administrative guidelines prepared by the community development department.
The screening and landscaping requirements set forth in this section may be interpreted with
some flexibility by the community development director in the enforcement of the standards. It is
recognized that because of the wide variety of developments and the relationships between them, it is
neither possible nor prudent to establish inflexible screening requirements. Therefore, minor
administrative deviations may be granted to allow less intensive screening, or requirements for more
intensive screening may be imposed, whenever such deviations are more likely to satisfy the intent of
this section.
22C.120.120 Required landscape buffers.
Table 1
Proposed use Adjacent use Width
of buffer
Type of
buffer
Commercial Property designated single-family by the Marysville comprehensive plan. 20′ L1 (1)
Commercial Property designated multiple-family by the Marysville comprehensive plan. 10′ L2 (1)
Commercial, industrial, multifamily and business park parking areas and
drive aisles
Public right-of-way and private access roads 30 feet wide or greater. 10′ L3
Commercial, industrial, multifamily
and business park parking areas and
drive aisles
Public arterial right-of-way.
15′ L3
Residential SR 9 See MMC 22C.120.150
Industrial and business parks Property designated residential by the Marysville
comprehensive plan. 25′ L1
Industrial, commercial and business park building and parking areas I-5 or S.R. 9 right-of-way. 15′ L2
Apartment, townhouse, or group residence Property designated single-family by the Marysville comprehensive plan. 10′ L1 (1)
Storm water management facility 5′ L5 (3)
Outside storage or waste area or above ground utility boxes 5′ L1 (2)
WCF and/or base station not in ROW Property designated residential by the Marysville
comprehensive plan or on property designated residential by the comprehensive plan. 10′ L1 (1)
(1) Plus a six-foot sight-obscuring fence or wall. (2) Screening and impact abatement shall be provided in accordance with MMC 22C.120.160.
(3) Screening of storm water facilities shall comply with the following design standards:
(a) All sides visible from a public right-of-way shall be screened; (b) All sides located adjacent to a residentially zoned property shall be screened, unless it can be
demonstrated that adequate screening exists;
(c) Screening shall be consistent with the Marysville Administrative Landscaping Guidelines; and
Marysville Municipal Code Title 22 UDC
Title 22C-84
(d) Dual use retention/detention facilities designed with emphasis as a recreation area, not a storm water control structure, are exempt from the screening requirements.
22C.120.130 Landscaping requirements for parking and outdoor display
areas.
(1) Parking areas or outdoor storage areas fronting on a street right-of-way shall provide a
landscaped buffer, in accordance with MMC 22C.120.120 Table 1, along the entire street frontage
except for driveways; provided, that the plantings shall not obstruct the sight distance at street intersections. (2) Additional plantings may be placed on street rights-of-way behind the sidewalk line if the
property owner provides the city with a written release of liability for damages which may be incurred
to the planting area from any public use or right-of-way.
(3) Planted areas next to pedestrian walkways and sidewalks shall be maintained or plant material
chosen to maintain a clear zone between three and eight feet from ground level.
(4) Landscape plant material size, variety, color and texture within parking lots should be
integrated with the overall site landscape design.
(3) Ten percent of the parking area, in addition to the required buffers above, shall be landscaped
with Type D landscaping; provided, that:
(a) No parking stall shall be located more than 45 feet from a landscaped area;
(b) All landscaping must be located between parking stalls, between rows of stalls, or at
the end of parking columns. The use of strips or islands as bioretention swales or cells is encouraged,
subject to approval by the city engineer. No landscaping which occurs between the parking lot and a
building or recreation area shall be considered in the satisfaction of these requirements;
(c) All individual planting areas within parking lots shall be planted with at least one tree, be a minimum of eight feet in width and one hundred twenty square feet in size, and in addition to the required trees, shall be planted with a living groundcover;
(d) Parking lots containing less than 20 parking spaces need provide only perimeter
screening to satisfy the 10 percent area requirements;
(e) All landscaped areas shall be protected from vehicle damage by a six-inch protective
curbing. Wheel stops may be substituted when required to allow storm water to pass;
(f) A minimum of two-foot setback shall be provided for all trees and shrubs where
vehicles overhang into planted areas.
(g) The landscaping requirements of this section may be modified if a development is
located in an area where a special streetscape plan has been approved by the city.
22C.120.140 Street Tree Requirements.
(1) Purpose. To provide consistent street frontage character within the street right-of-way. The
street tree standards also maintain and add to Marysville’s tree canopy and enhance the overall
appearance of commercial and neighborhood development. Trees are an integral aspect of the
Marysville landscape and add to the livability of Marysville. They provide aesthetic and economic
value to property owners and the community. (2) Street Tree Implementation (a) Street trees are required along all city streets and access easements.
(b) Street trees shall be planted between the curb and the walking path of the sidewalk.
Either five-foot by five-foot pits with tree grates or a continuous planting strip with groundcover that is
at least five feet wide may be used. Where planting strips are not incorporated into the street design,
street trees shall be located behind the sidewalk.
(c) Species of street trees shall be selected from the list of appropriate street trees
outlined in the Administrative Landscaping Guidelines, prepared by the Community Development
Director. Species of street trees not outlined in the Administrative Landscaping Guidelines, shall be
approved by the Community Development Director.
(d) Street trees shall meet the most recent ANSI standards for a one and one-half inch (1
½‖) caliper tree at the time of planting and shall be spaced a in order to provide a continuous canopy
coverage within ten years of planting.
(e) Street tree plantings shall consider the location of existing utilities, lighting and
existing and proposed signs.
(f) If overhead power lines are present, street trees shall be limited to a mature height of twenty-five feet to avoid conflict with utility lines and maintenance crews.
Marysville Municipal Code Title 22 UDC
Title 22C-85
(g) If a street has a uniform planting of street trees or a distinctive species within the
right-of-way, then new street trees should match the planting pattern and species. (h) Landscape areas between the curb and sidewalk shall be maintained or plant material
chosen to maintain a clear view zone between three and eight feet from ground level.
(3) Where the community development director determines that it is not feasible and/or desirable
to plant the required street trees, the applicant shall pay into the city tree fund an amount of money
approximating the current market value of the trees, as well as labor costs for installation of said
trees, that would otherwise be required. The city shall use the city tree fund for the purpose of
acquiring, maintaining, and preserving wooded areas, and for planting and maintaining trees within
the city.
(4) Maintenance. Street trees and other landscaping shall be maintained and irrigated by the
adjacent property owner, unless otherwise approved by the Community Development Department.
22C.120.150 SR 9 Fence and Landscaping Design Options
All residential zoned properties adjacent to Highway 9 shall integrate one of the following options
along the property line abutting Highway 9:
(1) Option 1: 10’ wide landscape buffer with fence. The following standards apply:
(a) Landscaping shall be placed between the fence and SR 9 to form a dense screen. The
following standards apply: (i) Property owners are encouraged to retain existing native and non-invasive
vegetation to incorporate into the screen. Credit will
be given for existing trees and shrubs depending on
their size and screening (with regards to the amount
of additional trees and shrubs that are needed).
(ii) The landscaping plan shall be
prepared by a licensed landscape architect or
Washington-certified Professional Horticulturalist.
(iii) Evergreen Trees. At least one
row of evergreen trees shall be planted, minimum 8
feet in height and 10 feet maximum separation at
time of planting. Permitted evergreen tree species are
those with the ability to develop a minimum
branching width of 8 feet within 5 years. Multiple tree
species shall be integrated into the buffer design to promote long term health and provide visual interest.
(iv) Deciduous trees. Projects shall incorporate deciduous trees (vine maples are a
desirable example) into the buffer to add seasonal variety and interest. Deciduous trees shall have a
caliper of at least 1 inch at the time of planting.
(v) Shrubs shall be planted at a rate of one shrub per 20 square feet of
landscaped area. At least 50 percent of the shrubs shall be evergreen. At least 25% of the shrubs
should be deciduous to provide seasonal interest. Shrubs shall be at least 16 inches tall at planting
and have a mature height between 3 and 4 feet.
(vi) Ground cover shall be planted and spaced to result in total coverage of the
required landscape area within three years as follows:
(A) Four inch pots at 18-inches on-center.
(B) One-gallon or greater sized containers at 24-inches on-center.
(vii) New landscaping materials shall consist of drought-tolerant species that are
native to the coastal region of the Pacific Northwest or non-invasive naturalized species that have
adapted to the climatic conditions of the coastal region of the Pacific Northwest.
(viii) Maintenance. A 2 year performance bond, irrevocable letter or credit, or
assignment of cash deposit shall be posted, in accordance with Chapter 22G.040 MMC, at the time of installation, to ensure the plants live and are maintained through two growing seasons. (b) Fence Standards:
(i) The fence shall be 8’ high and constructed with durable materials.
(ii) All razor wire, barbed wire, electric wire, or chain link fences are prohibited
(iii) The fence shall be broken up to add variety in one of the following ways:
(A) A masonry column/post shall be incorporated along the fence every
64’. The column shall be 1’ taller than the rest of the fence and a minimum of 1’ wide.
Buffer options emphasize landscaping elements
over fencing.
Marysville Municipal Code Title 22 UDC
Title 22C-86
(B) A 5’ deep and 15’ wide setback shall be incorporated in the fence
every 60’.
(2) Options 2: 20’ wide landscaping buffer. The following standards apply:
(a) A dense vegetated screen shall be provided according to the following standards:
(i) Property owners are encouraged to retain existing native and non-invasive
vegetation to incorporate into the screen. Credit will be given for existing trees and shrubs depending
on their the size and screening (with regards to the amount of additional trees and shrubs that are
needed).
(ii) The landscaping plan shall be prepared by a licensed landscape architect or
Washington-certified Professional Horticulturalist.
(iii) A minimum of one evergreen tree at least 8’ tall at the time of planting for
every 150 square feet arranged in a manner to obstruct views into the property. Permitted evergreen
tree species are those with the ability to develop a minimum branching width of 8 feet within 5 years.
Multiple tree species shall be integrated into the buffer design to promote long term health and
provide visual interest.
(iv) Deciduous trees. Projects shall incorporate deciduous trees (vine maples are a desirable example) into the buffer to add seasonal variety and interest. Deciduous trees shall have a
caliper of at least 1 inch at the time of planting.
(v) Shrubs shall be planted at a rate of one shrub per 20 square feet of
landscaped area. At least 50 percent of the shrubs shall be evergreen. At least 25% of the shrubs
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Marysville Municipal Code Title 22 UDC
Title 22C-87
should be deciduous to provide seasonal interest. Shrubs shall be at least 16 inches tall at planting
and have a mature height between 3 and 4 feet. (vi) Ground cover shall be planted and spaced to result in total coverage of the
required landscape area within three years as follows:
(A) Four inch pots at 18-inches on-center.
(B) One-gallon or greater sized containers at 24-inches on-center.
(vii) New landscaping materials shall include drought-tolerant species native to the
coastal region of the Pacific Northwest or non-invasive drought-tolerant naturalized species that have
adapted to the climatic conditions of the coastal region of the Pacific Northwest.
(viii) Maintenance. A 2 year performance bond, irrevocable letter or credit, or
assignment of cash deposit shall be posted, in accordance with Chapter 22G.040 MMC, at the time of
installation, to ensure the plants live and are maintained through two growing seasons.
(b) Fences are optional, but may not be placed within the landscape buffer.
(3) Exceptions. Exceptions to these screening standards may be made if the City finds the
recommended alternative meets long term screening objectives. Specifically:
(a) The developer/owner may make arrangements with WSDOT to have a portion of the
required buffer on WSDOT property (provided at least 10 feet of landscape buffer is retained on
private property). The owner remains responsible for maintenance and irrigation of the entire buffer,
even portions on WSDOT property. (b) Under some circumstances, it may be desirable to leave portions of the highway unscreened. With City approval, the required trees may be grouped to provide views of desired
amenities, such as parks or mountains.
(c) Other alternative screening methods will be considered by the City if the method
provides a viable long term option to effectively screens the highway from development and adds
visual interest from the highway corridor.
22C.120.160 Screening and Impact Abatement
Screening and impact abatement is required where necessary to reduce the impact of service,
storage, loading and trash areas.
(1) All garbage collection, dumpsters, recycling areas, loading and outdoor storage or activity
areas (including but not limited to areas used to store raw materials, finished and partially finished
products and wastes) shall be screened from view of persons on adjacent properties and properties
that are located across a street or alley. Screening may be accomplished by any one of the following
techniques or their equivalent:
(a) A five-foot wide L1 visual screen; (b) A six-foot high solid masonry wall or sight-obscuring fence five feet inside the property
line with an L2 buffer between the fence and the property line; and
(c) Storage areas are not allowed within fifteen feet of a street lot line.
22C.120.170 Landscaping – Soil amendment.
All landscaped and lawn areas, except areas within the dripline of preserved trees, shall be
amended with four inches of well-composted organic matter mixed into the top eight inches of soil or
shall have an organic content of between eight and 13 percent dry weight and a pH suitable for
proposed plantings. Deeper soil amendment will provide improved growing medium and increased
water holding capacity.
22C.120.180 Landscaping – Maintenance.
(1) All landscaped areas and plants required by this chapter must be permanently maintained in a
healthy growing condition in order to accomplish the purpose for which it was required.
(2) Dead or diseased plants must be replaced within 30 days of notification, or as soon as
practical in regard to freezing weather, or complex situations involving the removal and replacement
of large trees. (3) All landscaped areas must be kept free of debris and weeds. (4) Plant material must not interfere with public utilities, restrict pedestrian or vehicular access, or
constitute a traffic hazard.
(5) Planted areas next to pedestrian walkways and sidewalks shall be maintained or plant material
chosen to maintain a clear zone between three and eight feet from ground level.
Marysville Municipal Code Title 22 UDC
Title 22C-88
(6) The owners, their agents and assigns, are responsible for providing, protecting, and
maintaining all landscaping material in a healthy and growing condition, replacing it when necessary, and keeping it free of refuse and debris.
(7) All fencing, walls and other features used for screening purposes shall be kept free of litter,
debris, and weeds.
22C.120.190 Landscaping – Alternative options.
The following alternative landscape options may be allowed only if they accomplish equal or
better levels of screening and are subject to city approval:
(1) When the total area for required landscaping, and that within the dripline of retained trees
exceeds 15 percent of the area of the site, the landscaping requirement may be reduced so that the
total required landscape and tree retention area will not exceed 15 percent of site area;
(2) The width of the perimeter landscape strip may be reduced up to 25 percent along any portion
where:
(a) berms at least three feet in height or architectural barriers at least six feet in height
are incorporated into the landscape design; and
(b) the landscape materials are incorporated elsewhere on-site;
(3) When an existing structure precludes installation of the total amount of required site perimeter
landscaping, such landscaping material shall be incorporated on another portion of the site; (4) The width of any required perimeter landscaping may be averaged, provided the minimum width is not less than five feet;
(5) The width of the perimeter landscaping may be reduced up to 10 percent when a development
retains 10 percent of significant trees or 10 significant trees per acre on site, whichever is greater;
(6) The landscaping requirement may be modified when existing conditions on or adjacent to the
site, such as significant topographic differences, vegetation, structures or utilities would render
application of this chapter ineffective or result in scenic view obstruction;
(7) Street perimeter landscaping may be waived provided a site plan is approved that provides a
significant amount of street trees and other pedestrian-related amenities.
Marysville Municipal Code Title 22 UDC
Title 22C-89
Chapter 22C.130 PARKING AND LOADING
Sections:
22C.130.010 Introduction. ..............................................................................89
22C.130.020 General Standards. .....................................................................89
22C.130.030 Minimum Required Parking Spaces ...............................................90
22C.130.040 Site plan required. ......................................................................93
22C.130.050 Development Standards. .............................................................94
22C.130.060 Bicycle Parking. ..........................................................................97
22C.130.070 Exterior Design of Parking Structures. ...........................................98
22C.130.080 Loading areas. ...........................................................................99
22C.130.090 Variance requests to this chapter..................................................99
22C.130.010 Introduction.
This chapter establishes the standards for the amount, location and development of off-street
motor vehicle parking, standards for bicycle parking and standards for on-site loading areas. Other
titles of the city code may regulate other aspects of parking and loading.
22C.130.020 General Standards. (1) Where the Standards Apply. Every building hereafter constructed, reconstructed, expanded or occupied, or use of property
hereafter established or modified shall be provided with off-street parking as provided in this chapter,
and such parking areas shall be made permanently available and maintained for parking purposes. No
building permit shall be issued until plans showing provisions for the required off-street parking have
been submitted and approved as conforming to the standards of this chapter.
(2) Occupancy.
All required parking areas must be completed and landscaped prior to occupancy of any
structure.
(3) Calculations of Amounts of Required and Allowed Parking.
(a) When computing parking spaces based on floor area, floor area dedicated for parking
is not counted.
(b) The number of parking spaces is computed based on the uses on the site. When there
is more than one use on a site, the required or allowed parking for the site is the sum of the required
or allowed parking for the individual uses. Parking for shopping centers shall be calculated in
accordance with MMC 22C.130.030 Table 1 – Minimum Required Parking Spaces. For joint parking see MMC 22C.130.030(2)(d).
(4) Use of Required Parking Spaces.
Required parking spaces must be available for the use of residents, customers or employees
for the use. Required parking spaces may not be assigned in any way to a use on another site, except
for joint parking situations. Required parking spaces must be made available to employees; it cannot
be restricted only to customers. Also, required parking spaces may not be used for the parking of
equipment or storage of goods or inoperable vehicles.
(5) Proximity of Parking to Use.
(a) Parking for one and two-family dwellings shall be provided on the same lot as the
dwelling unit it is required to serve.
(b) Parking for multiple-family dwellings shall be not over 100 feet from the building it
serves.
(c) Parking for uses not specified above shall not be over 500 feet from the building it
serves.
(d) All off-street parking spaces for nonresidential uses shall be located on land zoned in a
manner which would allow the particular use the parking will serve.
(e) If the parking for a building or use is located on a lot other than the lot upon which the use for which the parking is required is located, the owner of the lot containing the parking shall execute a covenant in a form acceptable to the city attorney, stating that the lot is devoted in whole
or in part to required parking for the use on another lot. The owner of the property upon which the
main use is located shall record this covenant with the Snohomish County auditor’s office to run with
the properties on which both the principal use and the off-street parking are located. The owner shall
provide a copy of the recorded covenant to the Community Development Department.
(6) Stacked Parking.
Marysville Municipal Code Title 22 UDC
Title 22C-90
Stacked or valet parking is allowed if an attendant is present to move vehicles. If stacked
parking is used for required parking spaces, some form of guarantee must be filed with the City ensuring that an attendant will always be present when the lot is in operation. All parking and loading
area development standards continue to apply for stacked parking.
(7) Ingress and egress provisions.
Curb cuts and access restrictions are regulated by the Marysville Engineering Design and
Development Standards (EDDS). Access driveways for parking areas shall be located so as to cause
the least possible conflict with vehicular and pedestrian traffic on public rights-of-way. The Public
Works Director shall have authority to fix the location, width and manner of approach of vehicular
ingress or egress from a building or parking area to a public street and to alter existing ingress and
egress as may be required to control traffic in the interest of public safety and general welfare. The
city engineer may require joint use of driveways by more than one property.
22C.130.030 Minimum Required Parking Spaces
(1) Purpose.
The purpose of required parking spaces is to provide enough parking to accommodate the
majority of traffic generated by the range of uses, which might locate at the site over time. As
provided in MMC 22C.130.030(2)(e), bicycle parking may be substituted for some required parking on
a site to encourage transit use and bicycling by employees and visitors to the site. The required parking numbers correspond to specific land use categories. Provision of carpool parking, and locating it closest to the building entrance, will encourage carpool use.
(2) Minimum Number of Parking Spaces Required.
(a) The minimum number of parking spaces for all zones and use categories is stated in
Table 1.
(b) If the parking formula used to determine parking requirements results in a fractional
number greater than or equal to one-half, the proponent shall provide parking equal to the next
highest whole number.
(c) Changes in occupancy. Whenever the occupancy classification of a building is
changed, the minimum standards for off-street parking for the new occupancy classification shall be
applicable; provided, that if the existing occupancy had established a legal nonconforming status with
respect to off-street parking requirements, no additional off-street parking shall be required for the
new occupancy unless said new occupancy is in a classification requiring more parking than that which
would have been required for the existing occupancy if it had been subject to the provisions of this
chapter. If strict application of this section is not feasible due to existing site conditions such as
building or parcel size, shape or layout a variance may be granted by the Community Development Director.
(d) Joint Use Parking.
Joint use of required parking spaces may occur where two or more uses on the same
or separate sites are able to share the same parking spaces because their parking demands occur at
different times. Joint use of required nonresidential parking spaces is allowed if the following
documentation is submitted in writing to the Community Development Department as part of a
building or land use permit application, and approved by the Community Development Director:
(i) The names and addresses of the uses and of the owners or tenants that are
sharing the parking.
(ii) The location and number of parking spaces that are being shared.
(iii) An analysis showing that the peak parking times for the uses occur at different
times and that the parking area will be large enough for the anticipated demands of both uses; and
(iv) A legal instrument such as an easement or deed restriction that guarantees
access to the parking for both uses.
The building or use for which application is being made to utilize the off-street parking
facilities provided by another building or use shall be located within 500 feet of such parking facilities.
(e) Bicycle parking may substitute for up to ten percent (10%) of required parking. For every five (5) non-required bicycle parking spaces that meet the short or long-term bicycle parking standards, the motor vehicle parking requirement is reduced by one (1) space. Existing parking may
be converted to take advantage of this provision.
(f) The off-street parking and loading requirements of this chapter do not apply
retroactively to established uses; however:
(i) The site to which a building is relocated must provide the required spaces; and
Marysville Municipal Code Title 22 UDC
Title 22C-91
(ii) A person increasing the floor area, or other measure of off-street parking and
loading requirements, by addition or alteration, must provide spaces as required for the increase, unless the requirement under this subsection is five (5) spaces or fewer.
(g) Reduction of required spaces when effective alternatives to automobile access are
proposed. Upon demonstration to the hearing examiner that effective alternatives to automobile
access are proposed to be implemented, the examiner may reduce by not more than 40 percent the
parking requirements otherwise prescribed for any use or combination of uses on the same or
adjoining sites, to an extent commensurate with the permanence, effectiveness, and demonstrated
reduction in off-street parking demand achieved by such alternative programs. Alternative programs
which may be considered by the examiner under this provision include, but are not limited to the
following:
(i) Private vanpool operation;
(ii) Transit/vanpool fare subsidy;
(iii) Imposition of a charge for parking;
(iv) Provision of subscription bus services;
(v) Flexible work-hour schedule;
(vi) Capital improvement for transit services;
(vii) Preferential parking for carpools/vanpools;
(viii) Participation in the ride-matching program; (ix) Reduction of parking fees for carpools and vanpools; (x) Establishment of a transportation coordinator position to implement carpool,
vanpool, and transit programs; or
(xi) Bicycle parking facilities.
(h) Reduction of required spaces in downtown vision plan area. Commercial uses within
the downtown core, southwest sector, southeast sector, and waterfront sector may reduce the number
of required off-street parking spaces in accordance with this section, upon demonstration to the
community development department that the proposed use is in conformance with the Downtown
Master Plan guidelines as set forth in the comprehensive plan. Expansion of existing commercial
buildings and uses are required to demonstrate conformance with the city’s design standards and
guidelines or to incorporate reasonable measures to meet the intent of the guidelines for existing
uses. For commercial uses requiring less than 10 spaces, the parking requirements may be waived by
the director. For required parking in excess of 10 spaces, the applicant must demonstrate that
adequate on-street parking facilities exist within 400 feet of the proposed use in order to qualify for a
reduction. Parking may be reduced by up to 50 percent if consistent with the Downtown Master Plan
guidelines. In approving a reduction to required off-street parking, the department may require improvement of existing right-of-way to meet the intent of this code and the Downtown Master Plan,
in providing improved parking, walkways and access to the business.
(i) Uses Not Mentioned. In the case of a use not specifically mentioned in MMC
22C.130.030 Table 1 – Minimum Required Parking Spaces, the requirements for off-street parking
shall be determined by the Community Development Director. If there is/are comparable uses, the
Community Development Director’s determination shall be based on the requirements for the most
comparable uses(s). Where, in the judgment of the Community Development Director, none of the
uses in MMC 22C.130.030 Table 1 – Minimum Required Parking Spaces are comparable, the
Community Development Director may base his or her determination as to the amount of parking
required for the proposed use on detailed information provided by the applicant. The information
required may include, but not be limited to, a description of the physical structure(s), identification of
potential users, and analysis of likely parking demand.
(3) Carpool Parking.
For office, industrial, and institutional uses where there are more than twenty (20) parking spaces on
the site, the following standards must be met:
(a) Five (5) spaces or five percent (5%) of the parking spaces on site, whichever is less,
must be reserved for carpool use before nine a.m. on weekdays. More spaces may be reserved, but they are not required. (b) The spaces will be those closest to the building entrance or elevator, but not closer
than the spaces for disabled parking and those signed for exclusive customer use.
(c) Signs must be posted indicating these spaces are reserved for carpool use before nine
a.m. on weekdays.
Marysville Municipal Code Title 22 UDC
Title 22C-92
TABLE 1: Minimum Required Parking Spaces
LAND USE MINIMUM REQUIRED SPACES
RESIDENTIAL USES
Single-family dwellings, duplexes, townhouses, and mobile homes 2 per dwelling; provided: 1. One (1) guest parking space is required per unit, where an enclosed
private garage is utilized to meet the required parking. Driveways can
be counted as a guest parking space, provided said driveway complies with the bulk and dimensional requirements outlined in Table 2; and
2. Parking spaces behind other required parking spaces (a.k.a. ―tandem
parking‖) shall not be counted towards the two (2) required parking
spaces in a development, however, tandem parking can be counted as a guest parking space, when required.
Accessory dwelling units 1 space per dwelling unit
Multiple-family dwellings, one bedroom per unit 1.5 per dwelling unit. Parking spaces behind other required parking spaces (a.k.a. ―tandem parking‖) shall not be counted towards the two
required parking spaces in a multi-family development, however,
tandem parking can be counted as a guest parking space, when
required.
Multiple-family dwellings, two or more
bedrooms
1.75 per dwelling unit. Parking spaces behind other required parking
spaces (a.k.a. ―tandem parking‖) shall not be counted towards the two required parking spaces in a multi-family development, however,
tandem parking can be counted as a guest parking space, when
required.
Retirement housing and apartments 1 per dwelling
Mobile home parks 2 per unit, plus guest parking at 1 per four lots
Rooming houses, similar uses 1 per dwelling
Bed and breakfast accommodations 1 space for each room for rent, plus 2 spaces for the principal residential use
RECREATIONAL/CULTURAL USES
Movie theaters 1 per four seats
Stadiums, sports arenas and similar
open assemblies
1 per eight seats or 1 per 100 SF of assembly space without fixed seats
Dance halls and places of assembly w/o
fixed seats
1 per 75 SF of gross floor area
Bowling alleys 5 per lane
Skating rinks 1 per 75 SF of gross floor area
Tennis courts, racquet clubs, handball
courts and other similar commercial
recreation
1 space per 40 SF of gross floor area used for assembly, plus 2 per court
Swimming pools (indoor and outdoor) 1 per ten swimmers, based on pool capacity as defined by the
Washington State Department of Health
Golf courses 4 spaces for each green, plus 50% of spaces otherwise required for any
accessory uses (e.g., bars, restaurants)
Gymnasiums, health clubs 1 space per each 200 SF of gross floor area
Churches, auditoriums and similar
enclosed places of assembly
One per four seats or 60 lineal inches of pew or 40 SF gross floor area
used for assembly
Art galleries and museums 1 per 250 SF of gross floor area
COMMERCIAL/OFFICE USES
Banks, business and professional offices (other than medical and dental) with on-
site customer service
1 per 400 SF gross floor area
Retail stores and personal service shops
unless otherwise provided herein
If < 5,000 SF floor area, 1 per 600 SF gross floor area; if > 5,000 SF
floor area, 8 plus 1 per each 300 SF gross floor area over 5,000 SF
Grocery stores 1 space per 200 SF of customer service area
Marysville Municipal Code Title 22 UDC
Title 22C-93
Barber and beauty shops 1 space per 200 SF
Motor vehicle sales and service 2 per service bay plus 1 per 1,000 SF of outdoor display
Motor vehicle or machinery repair, without sales 2 plus 2 per service bay
Mobile home and recreational vehicle sales 1 per 3,000 SF of outdoor display area
Motels and hotels 1 per unit or room
Restaurants, taverns, bars with on-premises consumption If < 4,000 SF, 1 per 200 SF gross floor area; if > 4,000 SF, 20 plus 1 per 100 SF gross floor area over 4,000 SF
Drive-in restaurants and similar establishments, primarily for auto-borne
customers
1 per 75 SF of gross floor area. Stacking spaces shall be provided in accordance with Chapter 22C.140 MMC, Drive-through facilities.
Shopping centers If < 15,000 SF, 1 per 200 SF of gross floor area; if > 15,000 SF, 1 per
250 SF of gross floor area
Day care centers 1 space per staff member and 1 space per 10 clients. A paved
unobstructed pick-up area shall be set aside for dropping off and picking
up children in a safe manner that will not cause the children to cross the parking area or lines of traffic
Funeral parlors, mortuaries or cemeteries 1 per four seats or eight feet of bench or pew or one per 40 SF of assembly room used for services if no fixed seating is provided
Gasoline/service stations w/grocery 1 per employee plus 1 per 200 SF gross floor area
Adult facilities as defined by MMC
22A.020.020
1 per 75 SF of gross floor area or, in the case of an adult drive-in
theater, 1 per viewing space
HEALTH SERVICES USES
Nursing homes, convalescent homes for
aged
1 per five beds plus 1 space per employee and medical staff
Medical and dental clinics 1 per 200 SF gross floor area
Hospitals 1 per two beds, excluding bassinets
EDUCATIONAL USES
Elementary – Jr. high schools (public and private) 5 plus 1 per each employee and faculty member
Senior high schools (public and private) 1 per each ten students plus 1 per each employee or faculty member
Commercial/vocational schools 1 per each employee plus 1 per each two students
PUBLIC/GOVERNMENT USES
Public utility and governmental buildings 1 per 400 SF of gross floor area
Libraries 1 per 250 SF of gross floor area
MANUFACTURING/WAREHOUSE USES
Manufacturing and industrial uses of all
types, except a building used exclusively for warehouse purposes
One per 500 SF of gross floor area plus 1 per each two employees on
maximum working shift
Warehouses, storage and wholesale businesses 1 per each two employees on maximum working shift
Mini self-storage 1 per each 50 storage cubicles equally distributed and proximate to storage buildings. In addition, 1 space for each 50 storage cubicles to be
located at the project office.
22C.130.040 Site plan required.
A site plan for every new or enlarged off-street parking lot or motor vehicle sales area shall be
approved by the community development department prior to construction. The site plan shall be
drawn utilizing a common engineering scale (e.g., 1′′=20′, 1′′=30′, 1′′=40′) and shall depict the
following elements:
(1) The proposed/existing buildings and appurtenances;
(2) Locations, size, shape and design of the parking spaces;
Marysville Municipal Code Title 22 UDC
Title 22C-94
(3) Existing/proposed curb cuts or access locations;
(4) Existing/proposed illumination; (5) Landscaping and method of irrigation;
(6) Parking lot circulation (i.e. drive aisles, turning radii, etc.);
(7) Drainage facilities;
(8) Other features as deemed necessary by the director.
22C.130.050 Development Standards.
(1) Purpose.
The parking area layout standards are intended to promote safe circulation within the parking
area and provide for convenient entry and exit of vehicles.
(2) Where These Standards Apply.
The standards of this section apply to all vehicle areas whether required or excess parking.
(3) Improvements.
(a) Paving.
(i) In order to control dust and mud, all vehicle areas must be surfaced with a
minimum all-weather surface. Such surface shall be specified by the City Engineer. Alternatives to
the specified all-weather surface may be provided, subject to approval by the City Engineer. Gravel
surfacing is not considered an all-weather surface. (ii) The applicant shall be required to prove that the alternative surfacing provides results equivalent to paving. If, after construction, the City determines that the alternative is not
providing the results equivalent to paving or is not complying with the standards of approval, paving
shall be required.
(iii) Parks, agricultural and similar uses, and developments providing surplus
parking, are exempt from the all-weather surface requirement, provided, all surfacing must provide
for the following minimum standards of approval:
(A) Gravel parking facilities shall be surfaced with no less than three (3)
inches of crushed gravel.
(B) Dust is controlled.
(C) Stormwater is treated to City standards.
(D) Rock and other debris is not tracked off-site.
(E) Driveway and approaches shall be paved with an all-weather surface,
specified by the City Engineer, from at least twenty (20) feet back from the property line, to the
street.
(vi) Houses, Attached Houses and Duplexes. All driveways and parking areas must be covered in a minimum all-weather surface, specified by the City Engineer. Gravel surfacing is not
considered an all-weather surface.
(b) Striping. All parking spaces, except for stacked parking, must be striped in
conformance with the minimum parking and aisle dimensions outlined in Table 2, except parking for
single-family residences, duplexes and accessory dwelling units.
(c) Protective Curbs Around Landscaping. All perimeter and interior landscaped areas
must have continuous, cast in place or extruded protective curbs along the edges. Curbs separating
landscaped areas from parking areas may allow stormwater runoff to pass through them. Tire stops,
bollards or other protective barriers may be used at the front ends of parking spaces. Curbs may be
perforated or have gaps or breaks. Trees must have adequate protection from car doors as well as
car bumpers. This provision does not apply to single-family residences, duplexes and accessory
dwelling units.
(d) Illumination. Parking lot illumination shall be provided for all parking lots containing
15 or more parking spaces, and shall comply with the following design standards:
(i) Parking lot lighting fixtures shall be full cut-off, dark sky rated and mounted no
more than twenty-five (25) feet above the ground, with lower fixtures preferable so as to maintain a
human scale; (ii) All fixtures over fifteen (15) feet in height shall be fitted with a full cut-off shield.
(iii) Pedestrian scale lighting (light fixtures no taller than 15 feet) is encouraged in
areas of pedestrian activity. Lighting shall enable pedestrian to identify a face forty-five (45) feet
away in order to promote safety.
(iv) Parking lot lighting shall be designed to provide security lighting to all parking
spaces;
Marysville Municipal Code Title 22 UDC
Title 22C-95
(v) Lighting shall be shielded in a manner that does not disturb residential uses or
pose a hazard to passing traffic. Lighting should not be permitted to trespass onto adjacent private parcels nor shall light source (luminaire) be visible at the property line.
(4) Stormwater Management.
Stormwater runoff from parking lots is regulated by Title 14 MMC, Water and Sewers.
(5) Parking Area Layout.
(a) Access to Parking spaces.
(i) All parking areas, except stacked parking areas, must be designed so that a
vehicle may enter or exit without having to move another vehicle.
(ii) Parking shall be designed so that automobiles do not back out into public
streets.
(b) Parking Space and Aisle Dimensions.
(i) Parking spaces and aisles must meet the minimum dimensions contained in
MMC 22C.130.050 Table 2 – Minimum Parking Space and Aisle Dimensions. Parking at any angle
other than those shown is permitted, providing the width of the stalls and aisle is adjusted by
interpolation between the specified standards.
(ii) Turning radii. The minimum allowable inside vehicle turning radius in parking
and driveway areas shall be 20 feet unless Fire or Solid Waste Apparatus access is necessary, in which
case the minimum inside radius shall be 30.5 feet and the outside radius shall be 46 feet or as required by the Fire District or Solid Waste division. Turning radii are not necessarily the radii or curbs around islands and other improvements.
(iii) On dead end aisles, aisles shall extend five (5) feet beyond the last stall to
provide adequate turnaround.
(iv) The community development director may grant a deviation from the parking
space and aisle dimensions outlined in MMC 22C.130.050 Table 2 – Minimum Parking Space and Aisle
Dimensions, whenever (a) there exists a lot with one or more structures on it constructed before the
effective date of this title, and (b) a change in use that does not involve any enlargement of a
structure is proposed for such lot, and (c) the parking space and aisle dimensions that would be
applicable as a result of the proposed change cannot be satisfied on such lot because there is not
sufficient area available on the lot that can practicably be used for parking dimensional standards. To
grant a deviation, the community development director must make the following findings:
(A) That the granting of the deviation will not create a safety hazard or
loading of vehicles on public streets in such a manner as to interfere with the free flow of vehicular
and pedestrian traffic, within the public right-of-way.
(B) That the granting of the deviation will not create a safety hazard or any other condition inconsistent with the objectives of this title.
Table 2: Minimum Parking Space and Aisle Dimensions
Angle Width Curb Length 1-way
Aisle Width
2-way
Aisle Width Stall Depth
0° (parallel) 8’ 21’ 12’ 22’ 8’
30° 8’ 6‖ 17’ 12’ 22’ 15’
45° 8’ 6‖ 12’ 12’ 22’ 17’
60° 8’ 6‖ 9’ 9‖ 16’ 22’ 18’
90° 8’ 6‖ 8’ 6‖ 22’ 22’ 18’
Note:
Dimensions of parking spaces for the disabled are regulated by the building code. See MMC 22C.130.050(5)(e).
(c) Pedestrian Access and Circulation. Developments must provide specially marked or
paved walkways through parking lots, as depicted in Figure(s) 1 - 4. Parking lot walkways shall allow
for access so pedestrians and wheelchairs can easily gain access from public sidewalks and bus stops
to building entrances through the use of raised concrete sidewalks, or pedestrian paths which are
physically separated from vehicle traffic and maneuvering areas. Generally, walkways should be
provided every four rows and a maximum distance of one-hundred eighty (180) feet shall be
maintained between paths. Where possible, align the pathways to connect with major building entries
or other sidewalks, pathways, and destinations. The pathways must be universally accessible and
meet ADA standards.
Marysville Municipal Code Title 22 UDC
Title 22C-96
(d) Location. Parking areas should be located and designed to consider impacts to the
streetscape. Except for adult facilities as defined by MMC 22A.020.020, on-site parking shall be
located at the sides and rear of buildings or complexes. For adult facilities, on-site parking shall be
located where most visible from both the streetscape and the public access to the adult facility.
(e) Parking for Disabled Persons. The Building Official regulates the following disabled
person parking standards and access standards through the building code and the latest ICC/ANSI
A117.1 standards for accessible and usable buildings and facilities:
(i) Dimensions of disabled person parking spaces and access aisles.
(ii) The minimum number of disabled person parking spaces and circulation
routes.
(iii) Location of disabled person parking spaces and circulation routes.
(iv) Curb cuts and ramps including slope, width and location; and
(v) Signage and pavement markings.
(f) A portion of a standard parking space may be landscaped instead of paved, as follows: (i) The landscaped area may be up to two feet of the front of the space as measured from a line parallel to the direction of the bumper of a vehicle using the space. Any vehicle
overhang must be free from interference from sidewalks, landscaping, or other required elements.
(ii) Landscaping must be ground cover plants; and
(iii) The landscaped area counts toward parking lot interior landscaping
requirements and toward any overall site landscaping requirements. However, the landscaped area
does not count toward perimeter landscaping requirements.
Figure 2
Figure 3
Figure 4
Figure 1
Marysville Municipal Code Title 22 UDC
Title 22C-97
(g) Ingress and egress provisions. The layout of parking areas are reviewed for
compliance with the curb cut and access restrictions outlined in the Marysville Engineering Design and Development Standards (EDDS).
(6) Parking Area Landscaping and Screening. All landscaping must comply with the standards of
Chapter 22C.120 MMC. In addition, screening in the form of a solid masonry wall, architectural fences
or dense coniferous hedges shall be erected or planted and maintained to a height of not less than five
feet where a parking lot has a common boundary line with any residentially zoned property.
(7) Maintenance. Maintenance of all areas provided for off-street parking shall include removal
and replacement of dead and dying trees, grass and shrubs, removal of trash and weeds, and repair of
traffic-control devices, signs, light standards, fences, walls, surfacing materials, curbs, railings and
drainage facilities.
22C.130.060 Bicycle Parking.
Bicycle parking standards are intended to provide safe, convenient, and attractive areas for
the circulation and parking of bicycles that encourage the use of alternative modes of transportation.
(1) Required Bicycle Parking. Bicycle parking facilities shall be provided for any new use which
requires twenty (20) or more automobile parking spaces.
(a) The number of required bicycle parking spaces shall be five percent (5%) of the
number of required off-street auto parking spaces. (b) When any covered automobile parking is provided, all bicycle parking shall be covered. (2) Exemptions from Bicycle Parking Standards.
(a) Construction activities which do not require a building permit.
(b) Interior and exterior remodels of existing structures.
(c) Temporary use or activities.
(3) Bicycle Parking Standards.
(a) Each required bicycle parking space shall be
located on a minimum all-weather surface, specified by the
City Engineer.
(b) Bicycle parking should be at least as well-lit as
vehicle parking for security.
(c) A bicycle parking space shall be at least 6 feet
long and 2 feet wide with an overhead clearance of at least 7
feet, and comply with the spacing provisions depicted in Figure
5. An access aisle of at least 4 feet wide shall be provided and
maintained beside or between each row of bicycle parking. (d) The location of the rack and subsequent
parking shall not interfere with pedestrian passage, leaving a
clear area of at least 36 inches between bicycles and other
existing and potential obstructions.
(e) Direct pedestrian access from the bicycle
parking area to the building entrance shall be provided.
(4) Bicycle Parking Location and Design.
(a) Bicycle parking provided in outdoor locations
shall not be located farther than the closest automobile
parking space (except ADA parking).
(b) Short term bicycle parking shall consist of the
following design features:
(i) Inverted ―U‖ style racks or similar
design, as illustrated in Figure 6.
(ii) Each rack shall provide each bicycle
parking space with at least two points of contact that allows
the frame and both wheels to be locked to the rack by the bicyclist’s own locking device. (iii) The bike rack shall have rounded surfaces and corners.
(iv) The bike rack shall be coated in a material that will not damage the bicycle’s
painted surfaces.
Figure 5
W.4LL SPACING
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u ...foI..-_....:
.~~~,'.•~~.~....u.-10"'-
Ita_.0Il-LI rack.......-""w",
...~..",,,,,,,,,,,...,..
[0••_
1"1")
Marysville Municipal Code Title 22 UDC
Title 22C-98
(5) The community development director may waive the bicycle parking requirement if it can be demonstrated that the rack would not be reasonably utilized due to the location of the facility.
22C.130.070 Exterior Design of Parking Structures.
(1) Purpose.
To reduce the visual impact of structured parking located above grade.
(2) Exterior Design of Parking Structures Implementation.
(a) The street-facing facades of parking levels within a building shall be treated in such a
way as to seem more like a typical floor, rather than open slabs with visible cars and ceiling lights, as
depicted in Figure(s) 7 - 10. This may be accomplished by two or more of the following.
(i) Square opening, rather than horizontal.
(ii) Planting deisgned to grow on the façade.
(iii) Louvers.
(iv) Expanded metal panels.
(v) Decorative metal grills.
(vi) Spandrel (opaque) glass.
(vii) Other architectural devices may be proposed that will accomplish the intent. (b) Free-standing parking structures shall incorporate the above features on portions of
the façade above the ground level. At ground level, they shall comply with the site and building
design standards outlined in Chapter(s) 22A.010 and 22A.020 MMC, addressing ground level details,
transparency and weather protection.
Figure 6
Figure 7
Figure 8
Marysville Municipal Code Title 22 UDC
Title 22C-99
22C.130.080 Loading areas. (1) Purpose. A minimum number of off-street loading spaces are required to ensure adequate areas for
loading for larger uses and developments. These standards ensure that the appearance of loading
areas will be consistent with that of parking areas.
(2) Loading Standards.
(a) Number of Loading Spaces.
The number of loading spaces required is determined by the following table.
Gross Floor Area (GFA) Number of Loading Spaces
Less than 20,000 SF of non-residential GFA 0
20,000 SF to 50,000 SF of non-residential
GFA 1
More than 50,000 SF of non-residential GFA 2
(b) Loading spaces shall be designed so no part of a truck or van using the loading space
will project into the public right-of-way.
(c) Size of Loading Spaces.
Each loading space shall measure not less than 10 feet wide by 30 feet long, with 14-foot
height clearance. (d) Placement, Setbacks, and Landscaping. Loading areas must comply with the setback and perimeter landscaping standards
stated in Chapter 22C.120 MMC. When parking areas are prohibited or not allowed between a building
and a street, loading areas are also prohibited or not allowed.
(e) Paving. In order to control dust or mud, all loading areas must be covered in a
minimum all-weather surface, specified by the City Engineer.
22C.130.090 Variance requests to this chapter.
(1) In considering a request for a modification of parking requirements, the hearing examiner
shall consider the following factors:
(a) Type of use proposed and traffic generation, including hours of operation, frequency of
employee and customer trips, and other specific factors relating to the proposed use;
(b) Location of the subject property, proximity to and availability of public transportation
facilities, likelihood of customers or employees to use public transportation;
(c) Other information which is relevant and necessary to make a determination as to the
validity of the request for modification. Such additional information may include parking studies and
Figure 9
Figure 10
Marysville Municipal Code Title 22 UDC
Title 22C-100
traffic surveys for the proposed project vicinity and data concerning the actual parking demand of
other similar uses. (2) In approving a request for the modification of the number of required off-street parking
spaces, the hearing examiner may require that a transit stop be located on the subject lot in order to
promote use of public transit and to justify a reduction in the required number of parking spaces.
Marysville Municipal Code Title 22 UDC
Title 22C-101
Chapter 22C.140 DRIVE-THROUGH FACILITIES
Sections:
22C.140.010 Purpose. .................................................................................. 101
22C.140.020 Application. .............................................................................. 101
22C.140.030 Setbacks and Landscaping. ........................................................ 101
22C.140.040 Vehicle Access. ......................................................................... 102
22C.140.050 Stacking Lane Standards. .......................................................... 102
22C.140.060 Off-site Impacts. ...................................................................... 102
22C.140.010 Purpose.
The standards of this chapter are intended to allow for drive-through facilities by reducing the
negative impacts they may create. Of special concern are noise from idling cars and voice
amplification equipment, lighting and queued traffic interfering with on-site and off-site traffic and
pedestrian flow. The specific purposes of this chapter are to:
(1) Reduce noise, lighting and visual impacts on abutting uses, particularly residential uses;
(2) Promote safter and more efficient on-site vehicular and pedestrian circulation; and
(3) Minimize conflicts between queued vehicles and traffic on adjacent streets.
22C.140.020 Application. (1) Uses.
The standards of this chapter apply to all uses that have drive-through facilities including
vehicle repair and quick vehicle servicing.
(2) Site Development.
The standards of this chapter apply only to the portions of the site development that comprise
the drive-through facility. The standards apply to new developments, the addition of drive-through
facilities to existing developments, and the relocation of an existing drive-through facility. Drive-
through facilities are not a right; the size of the site or the size and location of existing structures may
make it impossible to meet the standards of this chapter. Chapter 22C.130 MMC, Parking and
Loading, contains additional requirements regarding vehicle areas.
(3) Parts of a Drive-through Facility.
A drive-through facility is composed of two parts – the stacking lanes and the service area. A
drive-through facility may also have a third part – an order menu. The stacking lanes are the space
occupied by vehicles queuing for the service to be provided. The service area is where the service
occurs. In uses with service windows, the service area starts at the service window. In uses where the service occurs indoors, the service area is the area within the building where the service occurs. For
other development, such as gas pumps, air compressors and vacuum cleaning stations, the service
area is the area where the vehicles are parked during the service.
22C.140.030 Setbacks and Landscaping.
All drive-through facilities must provide the setbacks and landscaping stated below:
(1) Abutting a Residential Zone.
Service areas and stacking lanes must be set back ten feet from all lot lines which abut
Residential zones. The setback must be landscaped to the L1 standards, see Chapter 22C.120 MMC,
Landscaping and Screening.
(2) Abutting a Commercial or Industrial Zone.
Service areas and stacking lanes must be set back five feet from all lot lines which abut
Commercial or Industrial zones. The setback must be landscaped to the L2 standard, see Chapter
22C.120 MMC, Landscaping and Screening.
(3) Abutting a Street.
Service areas and stacking lanes must be set back as follows:
(a) Ten feet setback required from a public right-of-way or private access road. The setback area shall be landscaped to the L3 standard, see Chapter 22C.120 MMC, Landscaping and Screening.
(b) Fifteen feet setback required from a public arterial right-of-way. The setback area
shall be landscaped to the L3 standard, see Chapter 22C.120 MMC, Landscaping and Screening.
Marysville Municipal Code Title 22 UDC
Title 22C-102
22C.140.040 Vehicle Access.
All driveway entrances, including stacking lane entrances, must be spaced in accordance with the City of Marysville Engineering Design and Development Standards, unless otherwise authorized by
the Public Works Director, or designee.
22C.140.050 Stacking Lane Standards.
These standards ensure that there is adequate on-site maneuvering and circulation areas,
ensure that stacking vehicles do not impede traffic on abutting streets, and that stacking lanes will not
have nuisance impacts on abutting residential lands.
(1) Dimensional Requirements.
A stacking lane shall be an area measuring a minimum of eight feet, six inches wide by twenty-feet
deep, with direct forward access to a service window of a drive-through facility. A stacking lane is
measured from the curb cut to the service area or the order area if an outdoor order area precedes
the service area. Stacking lanes do not have to be linear.
(2) For each drive-up lane of a financial institution, business service, gas stations, vendor stand,
or other drive-through use not listed, a minimum of three stacking spaces shall be provided.
(3) For each service lane of a drive-through restaurant, a minimum of seven stacking spaces shall
be provided. For high volume drive-through restaurants up to 12 stacking spaces may be required.
(4) A stacking lane is not required for accessory facilities where vehicles do not routinely stack up while waiting for the service. Examples are window washing, air compressor, and vacuum cleaning stations.
(5) Stacking Lane Design and Layout.
Stacking lanes must be designed so that they do not interfere with parking, parking access and vehicle
circulation.
(6) Stacking Lanes Identified.
All stacking lanes must be clearly identified, through the use of means such as striping, landscaping
and signs.
22C.140.060 Off-site Impacts.
Drive-through facilities must meet the off-site impact standards outlined in this section. When
abutting land zoned Residential, drive-through facilities with noise-generating equipment must
document in advance that the facility will meet the off-site impact noise standards. Noise generating
equipment includes items such as speakers, mechanical car washes, vacuum cleaners and exterior air
compressors.
(1) Communication systems (e.g., intercom systems) that can be heard beyond the property line are prohibited.
(2) The exterior openings for automobile ingress and egress to work areas shall not be located on
walls of buildings adjacent to residences or residentially zoned property.
Marysville Municipal Code Title 22 UDC
Title 22C-103
Chapter 22C.150 ELECTRIC VEHICLE INFRASTRUCTURE AND BATTERIES
Sections:
22C.150.010 Allowed Uses............................................................................ 103
22C.150.020 Vehicles and Traffic ................................................................... 104
22C.150.030 Off Street Parking — Electric Vehicle Charging Stations ................. 104
22C.150.040 Accessible Electric Vehicle Charging Stations ................................ 105
22C.150.050 Signage ................................................................................... 106
22C.150.060 Streets, Sidewalks and Public Places. .......................................... 108
22C.150.070 SEPA ....................................................................................... 111
22C.150.010 Allowed Uses
Electric vehicle charging stations (Figure 1), rapid charging stations (Figure 2) and battery
exchange stations (Figure 3) are permitted in accordance with Chapter 22C.010 MMC Residential
Zones and Chapter 22C.020 MMC, Commercial, Industrial, Recreation and Public Institutional Zones.
Figure 1: Electric Vehicle Home Charging Station
Wall-mounted Level 2 home charging station
Figure 2: Electric Vehicle Rapid Charging Stations
Rapid Charging Stations in Vacaville, CA
Marysville Municipal Code Title 22 UDC
Title 22C-104
Figure 3: Electric Vehicle Battery Exchange Stations
Battery Exchange Station in Tokyo
22C.150.020 Vehicles and Traffic (1) Electric Vehicle Charging Stations — Generally.
(a) Electric vehicle charging stations are reserved for parking and charging electric
vehicles only.
(b) Electric vehicles may be parked in any space designated for public parking, subject to
the restrictions that would apply to any other vehicle that would park in that space.
(2) Prohibitions.
(a) When a sign provides notice that a space is a designated electric vehicle charging
station, no person shall park or stand any non-electric vehicle in a designated electric vehicle charging
station space. Any non-electric vehicle is subject to fine or removal.
(b) Any electric vehicle in any designated electric vehicle charging station space and not
electrically charging or parked beyond the days and hours designated on regulatory signs posted at or
near the space, shall be subject to a fine and/or removal. For purposes of this subsection, ―charging‖
means an electric vehicle is parked at an electric vehicle charging station and is connected to the
charging station equipment.
(3) Noticing of Electric Vehicle Charging Stations.
(a) Upon adoption by the City of Marysville, the city engineer shall cause appropriate signs and marking to be placed in and around electric vehicle charging station spaces, indicating prominently thereon the parking regulations. The signs shall define time limits and hours of operation,
as applicable, shall state that the parking space is reserved for charging electric vehicles and that an
electric vehicle may only park in the space for charging purposes. Violators are subject to a fine
and/or removal of their vehicle.
22C.150.030 Off Street Parking — Electric Vehicle Charging Stations
To ensure an effective installation of electric vehicle charging stations, the regulations in this
subsection provide a framework for when a private property owner chooses to provide electric vehicle
charging stations.
(1) Electric Vehicle Charging Station Spaces.
(a) Purpose.
For all parking lots or garages, except those that include restricted electric vehicle
charging stations.
(b) Number.
No minimum number of charging station spaces is required. (c) Minimum Parking Requirements. An electric vehicle charging station space may be included in the calculation for
minimum required parking spaces that are required pursuant to other provisions of code.
(d) Location and Design Criteria.
Marysville Municipal Code Title 22 UDC
Title 22C-105
The provision of electric vehicle parking will vary based on the design and use of the
primary parking lot. The following required and additional locational and design criteria are provided in recognition of the various parking lot layout options.
(i) Where provided, parking for electric vehicle charging purposes is required to
include the following:
(A) Signage.
Each charging station space shall be posted with signage indicating the
space is only for electric vehicle charging purposes. Days and hours of operations shall be included if
time limits or tow away provisions are to be enforced.
(B) Maintenance.
Charging station equipment shall be maintained in all respects,
including the functioning of the charging equipment. A phone number or other contact information
shall be provided on the charging station equipment for reporting when the equipment is not
functioning or other problems are encountered.
(C) Accessibility.
Where charging station equipment is provided within an adjacent
pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, the
charging equipment shall be located so as not to interfere with accessibility requirements of WAC 51-
50-005. (D) Lighting. Where charging station equipment is installed, adequate site lighting
shall exist, unless charging is for daytime purposes only.
(E) Notification.
Information on the charging station, identifying voltage and amperage
levels and any time of use, fees, or safety information.
(e) Data Collection.
To allow for maintenance and notification, the Marysville Community Development
Department will require the owners of any private new electric vehicle infrastructure station that will
be publicly available (see definition ―electric vehicle charging station — public‖) to provide information
on the station’s geographic location, date of installation, equipment type and model, and owner
contact information.
22C.150.040 Accessible Electric Vehicle Charging Stations
(1) Quantity and Location.
Where electric vehicle charging stations are provided in parking lots or parking garages, accessible electric vehicle charging stations shall be provided as follows:
(a) Accessible electric vehicle charging stations shall be provided in the ratios shown on
the following table.
Number of EV Charging Stations Minimum Accessible EV Charging Stations
1-50 1
51-100 2
101-150 3
151-200 4
201-250 5
251-300 6
(b) Accessible electric vehicle charging stations should be located in close proximity to the
building or facility entrance and shall be connected to a barrier-free accessible route of travel. It is not
necessary to designate the accessible electric vehicle charging station exclusively for the use of
disabled persons. Below are two options for providing for accessible electric vehicle charging stations.
Marysville Municipal Code Title 22 UDC
Title 22C-106
Figure 4: OFF-STREET ACCESSIBLE ELECTRIC VEHICLE CHARGING STATION - OPTION 1
Figure 5: OFF-STREET ACCESSIBLE ELECTRIC VEHICLE CHARGING STATION - OPTION 2
(2) Definitions
(a) Designated Accessible Space. A WAC 51-50-005 required accessible parking space
designated for the exclusive use of parking vehicles with a State Disabled Parking Permit.
(b) Accessible Electric Vehicle Charging Station. An electric vehicle charging station where
the battery charging station equipment is located within accessible reach of a barrier-free access aisle
(minimum 44-inch width) and the electric vehicle.
22C.150.050 Signage
(1) Directional – Off-street Parking Lot or Parking Garage.
Directional signs for an on-site parking lot or parking garage should be used in the parking
facility with a directional arrow at all decision points, as depicted in Figure 6.
RegUlar
Parking
Spare
Slripingofbarrierfree
rfJute not required
Regular
Parking
Space
Wheelstops-IT"--\_..-------,-I -
1i
ii
i
Regular
Parking
Space
--r
!i
I
ii
i
Accessible EV Charging Station ~
•Indudes charging equipment,signage,
and barrier free routes to charging
equipment and the building.
•The barrier free area adjacent to the
Accessible EV Station shall be striped and
be a minimum of44"wide.
EV Charging Station ~
•Charging eqUipment and signage
Regular
Pef1<ing
Space
Signage'_'~~~d.~C:"-'l~-W~iPDS.-i -I -
i 1!~~k~~~!~:~~a~
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i
EVCharging Station ----
•Charging eqUipment and signage
Accessible EV Charging Station
•Includes charging equipment,signage,
and barrier free routes to charging
equipment and the building.
•The barrierfree area adjacent to the
Designated Accessible Space shall be
striped and be 60"or 96"wide.
Marysville Municipal Code Title 22 UDC
Title 22C-107
Figure 6: Directional — Off-street Parking Lot or Parking Garage
12‖ x 12‖
12‖ x 6‖
(2) Off-street EV Parking – Parking Space with Charging Station Equipment.
Combination signs identifying space as an electric vehicle charging station, prohibiting non-electric
vehicles, with charging time limits should be provided, as depicted in Figure 7.
Figure 7: Off-street EV Parking — Parking Space with Charging Station Equipment
12‖ x 12‖
12‖ x 18‖
EXCEPT FOR
ELECTRIC
VEHICLE
CHARGING
Marysville Municipal Code Title 22 UDC
Title 22C-108
12‖ x 18‖
22C.150.060 Streets, Sidewalks and Public Places.
(1) On-street Electric Vehicle Charging Stations — Generally.
(a) Purpose. Curbside electric vehicle charging stations adjacent to on-street parking
spaces are reserved for charging electric vehicles.
(b) Size. A standard size parking space may be used as an electric vehicle charging
station.
(c) Location and Design Criteria. Where provided, parking for electric vehicle charging
purposes is required to include the following:
(i) Signage. Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations shall be included if time limits or tow away provisions are to be enforced.
(ii) Maintenance. Charging station equipment shall be maintained in all respects,
including the functioning of the charging equipment. A phone number or other contact information
shall be provided on the charging station equipment for reporting when the equipment is not
functioning or other problems are encountered.
(iii) Accessibility. Charging station equipment located within a sidewalk shall not
interfere with accessibility requirements of WAC 51-50-005.
(iv) Clearance. Charging station equipment mounted on pedestals, light posts,
bollards or other devices shall be a minimum of 24 inches clear from the face of curb.
(v) Lighting. Where charging station equipment is installed, adequate site lighting
shall exist, unless charging is for daytime purposes only.
(vi) Charging Station Equipment. Charging station outlets and connector devices
shall be no less than 36 inches or no higher than 48 inches from the top of surface where mounted,
and shall contain a retraction device and/or a place to hang permanent cords and connectors
sufficiently above the ground or paved surface.
(vii) Charging Station Equipment Protection. When the electric vehicle charging station space is perpendicular or at an angle to curb face and charging equipment, adequate equipment protection, such as wheel stops or concrete-filled steel bollards shall be used. Appropriate
signage indicating if backing in is allowed or not shall be posted.
(viii) Notification. Information on the charging station identifying voltage and
amperage levels and any time of use, fees, or safety information.
(ix) Location. Placement of a single electric vehicle charging station is preferred at
the beginning or end stall on a block face.
(d) Data Collection. To allow for maintenance and notification, the Community
Development Department will require the owners of any private new electric vehicle infrastructure
station that will be publicly available (see definition ―electric vehicle charging station — public‖ in MMC
22A.020.060) to provide information on the station’s geographic location, date of installation,
equipment type and model, and owner contact information.
•HOUR
CHARGING
7AM T06PM
Marysville Municipal Code Title 22 UDC
Title 22C-109
Figure 8: Electric Vehicle Charging Station — On Street
Streetlight
Crosswalk
No Parking
Near Corner
RegularParkingSpacePEDESTALMOUNTEDCHARGINGEQUIPMENT
EV
CHARGING
STATION
EV
PARKING
AM PM76TO
2
EXCEPT SAT, SUN, HOLIDAY
HOUR
R7-108R7-108
S I G N A G E
G U ID A N C E
ELECTRICVEHICLECHARGINGSTATION
EXCEPT FORELECTRIC
CHARGINGVEHICLE
P
HOUR
CHARGING
AM PM76TO
#
Sidewalk
On-street charging near end of block.
(2) Signage.
(a) Directional – Highways and Freeways.
Directional sign (MUTCD D0-11b) for highways and freeways (Figure 9) should be
installed at a suitable distance in advance of the turn-off point or intersection highway. If used at an
intersection or turn-off point, it shall be accompanied by a directional arrow. As the symbol on Figure
9 appears to be a gasoline pump, this sign may also be supplemented with the sign shown in Figure
10 (MUTCD D9-11bP) to avoid confusion with liquid fuel stations for early EV drivers.
Figure 9: Directional — Highways and Freeways
30‖ x 30‖
30‖ x 12‖
Marysville Municipal Code Title 22 UDC
Title 22C-110
Figure 10: Supplemental Directional — Highways and Freeways
30‖ x 24‖
(b) Directional – Local Street.
The directional sign for local streets should be installed at a suitable distance in
advance of the intersection or charging station facility. If used at an intersection or parking lot
entrance, it shall be accompanied by a direction arrow. As the symbol on Figure 11 appears to be a
gasoline pump, this sign may also be supplemented with the sign shown in Figure 12 (MUTCD D9-
11bP) to avoid confusion with liquid fuel stations for early EV drivers.
Figure 11: Directional — Local Street
24‖ x 24‖
24‖ x 9‖
Figure 12: Supplemental Directional — Local Street
24‖ x 18‖
(c) On-street Parking Space with Charging Station Equipment.
Combination sign identifying space as an electric vehicle charging station, prohibiting
non-electric vehicles, with charging time limits is shown in Figure 13. The use of time limits is
ELECTRIC
VEHICLE
CHARGING
ELECTRIC
VEHICLE
CHARGING
Marysville Municipal Code Title 22 UDC
Title 22C-111
optional and is included to allow the charging equipment to be available for more than one use during
the day. The design of the time limit charging sign is modeled after the existing R7-108 sign in the federal MUTCD. If duel use of the space is allowed, the time limits would need to be added to the
red/black/white sign rather than the green sign.
Figure 13: On-Street Parking Space with Charging Station Equipment
12‖ x 12‖
12‖ x 18‖
12‖ x 18‖
22C.150.070 SEPA
(1) Categorical Exemptions for Battery Charging and Exchange Station Installation.
The construction of an individual battery charging station or an individual battery exchange
station, that is otherwise categorically exempt shall continue to be categorically exempt even if part of
EXCEPT FOR
ELECTRIC
VEHICLE
CHARGING
•HOUR
CHARGING
7AM TO 6PM
Marysville Municipal Code Title 22 UDC
Title 22C-112
a larger proposal that includes other battery charging stations, other battery exchange stations, or
other related utility networks.
Marysville Municipal Code Title 22 UDC
Title 22C-113
Chapter 22C.160 SIGNS
Sections:
22C.160.010 Purpose. .................................................................................. 113
22C.160.020 Authority ................................................................................. 114
22C.160.030 Permits Required ...................................................................... 114
22C.160.040 Application Requirements and Fee Schedule ................................. 114
22C.160.050 Inspections .............................................................................. 114
22C.160.060 Construction Standards ............................................................. 114
22C.160.070 Prohibitions .............................................................................. 115
22C.160.080 Exemptions .............................................................................. 115
22C.160.090 On-premises Requirement ......................................................... 116
22C.160.100 Maintenance ............................................................................ 116
22C.160.110 Abandoned Signs ...................................................................... 117
22C.160.120 Sub-Area Master Plan and Special Overlay Districts ...................... 117
22C.160.130 Illumination ............................................................................. 117
22C.160.140 Measurement Standards ............................................................ 117
22C.160.150 Development Standards – Residential Zones ................................ 119
22C.160.160 Development Standards – Wall Signs .......................................... 120 22C.160.170 Development Standards – Freestanding Signs .............................. 121 22C.160.180 Development Standards – Electronic Message, Animated And
Changeable Copy Signs ............................................................. 122
22C.160.190 Development Standards – Instructional Signs .............................. 122
22C.160.200 Development Standards – Window Signs ..................................... 123
22C.160.210 Development Standards – Blade/Bracket Signs ............................ 123
22C.160.220 Development Standards – Gas Stations, Convenience Stores, Car
Washes And Similar Uses .......................................................... 123
22C.160.230 Development Standards – Temporary And Special Event Signs ....... 123
22C.160.240 Nonconforming Signs ................................................................ 126
22C.160.250 Amortization for Billboard Signs.................................................. 126
22C.160.260 Bonus Allowance for Outstanding Design ..................................... 127
22C.160.270 Variances ................................................................................ 128
22C.160.280 Substitution ............................................................................. 128
22C.160.010 Purpose. The purpose of this chapter is to provide for the reasonable display of signs necessary for
public service or the conduct of business. The regulations enacted herein are necessary to protect the
safety and welfare of the public and to maintain an attractive appearance in the community. This
chapter authorizes and regulates the use of signs visible from a public right-of-way and/or adjacent
property to:
(1) Provide a reasonable balance between the right of an individual to identify a business and the
right of the public to be protected against the unrestricted proliferation of signs; and
(2) Support the economic well-being of businesses by allowing businesses to identify their
premises and advertise products and services; and
(3) Provide minimum standards to safeguard life, health, property and the general welfare by
regulating and controlling the design, quality of materials, construction, location, electrification and
maintenance of all signs and sign structures; and
(4) Ensure that signs are compatible with adjacent land uses; and
(5) Protect the public from hazardous conditions resulting from signs that are structurally unsafe,
obscure visions of motorists, distract motorists, or interfere with traffic signs and signals; and
(6) Minimize overhead clutter for drivers and pedestrians; and
(7) Provide for types and sizes of signs appropriate to the land uses and zoning districts of the city; and (8) Encourage well-designed signs that are compatible both with surrounding land uses and the
buildings to which they are appurtenant; and
(9) Provide for the orderly and reasonable elimination of existing signs that are not in
conformance with this chapter to protect the public health, safety, and welfare; and
(10) Provide a reasonable amortization period for businesses which have made a substantial
investment in off-premises signs (billboards); and
Marysville Municipal Code Title 22 UDC
Title 22C-114
(11) Implement the goals and policies of the Marysville Comprehensive Plan; and
(12) Protect property values by encouraging signs that are appropriate in both scale and design to surrounding buildings and landscape, and by discouraging a needless proliferation of the number of
signs.
22C.160.020 Authority
(1) Administration. The Community Development Director will administer these sign standards
as set forth in Chapter 22G.010 MMC, Land Use Application Procedures. The director may implement
procedures, forms, and written policies for administering the provisions of this chapter.
(2) Enforcement. This chapter will be enforced by the Code Enforcement Officer.
(3) Violations. Violations of this chapter are civil infractions enforced under Title 4 MMC.
22C.160.030 Permits Required
It shall be unlawful to erect or display a sign in the city without a sign permit issued by the
Community Development Department, except for those exempted in Section 22C.160.080 MMC.
22C.160.040 Application Requirements and Fee Schedule
(1) Applications for sign permits shall be made to the Building Official upon forms provided by the
Community Development Department. Such application shall require: (a) Name, address, telephone number and e-mail address of the applicant. (b) Name, address, telephone number and e-mail address of the sign owner.
(c) Tax parcel number or correct address where the proposed sign or signs will be located.
(d) A scaled drawing of the proposed sign or sign revision, including size, height, copy,
structural footing details, method of attachment and illumination.
(e) A scaled site plan, indicating the location of the sign relative to property lines, rights-
of-way, streets, sidewalks, and other buildings or structures on the premises.
(f) The number, size, type and location of all existing signs on the same building, lot or
premises.
(2) Fee schedule. Fees for sign permits are as provided by Section 16.04.045 MMC, Table 1-A.
22C.160.050 Inspections
(1) Inspections are required for all signs requiring a permit. The Building Division shall be
contacted for inspections at the following points of the project:
(a) Prior to pouring footings for freestanding signs. The applicant will be required to
provide enough field information for the inspector to determine the proposed sign complies with applicable setback provisions.
(b) Foundation, anchorage, attachments and other structural support of the sign, sign
structure and awning.
(c) Electrical connections of the sign, sign lighting or awning lighting. No person may
make connections of a sign, sign lighting or awning lighting to a power source until all electrical
components and connections have been approved.
(d) Final sign installation to determine compliance with the approved plans.
(2) Special inspections may be required for complex signs as specified by the licensed design
professional or the Building Official. Notice will be given to the applicant as part of the permit review
process when a special inspection is required.
22C.160.060 Construction Standards
The construction, erection, safety and maintenance of all signs shall comply with Title 16 MMC,
and the following:
(1) Signs shall be structurally sound and located so as to pose no reasonable threat to pedestrian
or vehicular traffic.
(2) All permanent freestanding signs shall have self-supporting structures erected on, or permanently attached to, concrete foundations. (3) Signs should not be in locations that obscure architectural features such as pilasters, arches,
windows, cornices, etc.
(4) Signs should not be in locations that interfere with safe vehicular and pedestrian circulation or
public safety signals and signs.
(5) No signs shall be erected, constructed or maintained so as to obstruct any fire escape,
required exit, window, or door opening used as a means of egress.
Marysville Municipal Code Title 22 UDC
Title 22C-115
22C.160.070 Prohibitions The following signs are prohibited in the City and are subject to the specific prohibitions,
requirements, and exceptions set forth below for each type of sign:
(1) Billboards. Billboards shall be removed subject to the amortization schedule outlined in
Section 22C.160.250 MMC.
(2) Animated Signs. No sign shall be animated, revolve or rotate either mechanically or by
illumination, except for the movement of the hands of a clock, permitted electronic message signs,
and barber poles;
(3) Roof Signs.
(4) Hazardous Signs. A sign is hazardous if it creates a safety hazard for pedestrians or
motorist, as determined by the Police Chief or City Engineer.
(5) Signs located in or on public right-of-way. No signs shall be located upon or projecting
over public streets, sidewalks, or rights of way except as provided for projecting wall signs in Section
22C.160.160(8) MMC, blade/bracket signs in Section 22C.160.210 MMC and temporary and special
event signs in Section 22C.160.230 MMC.
(6) Temporary and Special Event Signs. Temporary and special event signs not meeting the
requirements of Section 22C.160.230 MMC are prohibited. This prohibition includes, but is not limited
to, portable readerboards, signs on vehicles or trailers, banners and sandwich or A-boards, provided, that sandwich or A-Board signs may in certain circumstances be specifically allowed as set forth in this Chapter.
(7) Signs on Utility Poles and Trees. Signs on utility, street light and traffic control standards
or poles and trees are prohibited, except for those of the utility or government.
(8) Signs not meeting the requirements of this chapter or that are legally
nonconforming. The following signs are unlawful and prohibited:
(a) Signs which were lawful under prior sign codes, but which are not lawful under this
Chapter.
(b) Signs that do not comply with the conditions of their permits.
(c) Signs erected, altered or relocated without a permit and not in compliance with this
Chapter.
(d) Signs which were lawful under prior sign codes, but which have been altered or
relocated so that the sign is not in compliance with this Chapter.
(e) Signs that identify and advertise activities, products, businesses, or services which
have been discontinued, terminated or closed for more than sixty (60) days on the premises upon
which the signs are located. (9) Streamers, Pennants, and Banners. Displays of banners, festoons flags, posters,
pennants, ribbons, streamers, strings of lights, chasing strobe or scintillating lights, flares, balloons,
bubble machines and similar devises are prohibited when the same are visible from any off-site
location, including but not limited to, any public right-of-way, except as provided in Section
22C.160.230 MMC. Where such signs or devices are not visible from off-site, this prohibition does not
apply.
(10) Traffic-Like Signs. Signs which by reason of their size, location, movement, content,
coloring or manner of illumination may be confused with a traffic control sign, signal, or device, or the
light of an emergency vehicle, or which obstruct the visibility of any traffic or street sign or signal, are
prohibited.
(11) Obscene Signs. Signs which bear or contain statements, words or pictures, which are
obscene under the prevailing statutes or applicable State and federal court decisions, are prohibited.
22C.160.080 Exemptions
The following signs are exempted from obtaining a sign permit, but must comply with all other
requirements of this chapter and with the specific requirements set forth below for each type of sign:
(1) A change in the face of the sign or advertising copy of an existing, legally permitted, sign. (2) Temporary and special event signs meeting the requirements of Section 22C.160.230 MMC. (3) On-premises and portable commercial or real estate signs meeting the requirements of
Section 22C.160.230(5)&(6) MMC.
(4) Political signs meeting the requirements of Section 22C.160.230(7) MMC.
(5) Nonelectric signs not exceeding four (4) square feet per face, which are limited in content to
the name of occupant and address of the premises in a residential zone.
Marysville Municipal Code Title 22 UDC
Title 22C-116
(6) Instructional signs, not exceeding six (6) square feet per sign, provided, that foundation,
anchorage, attachments and other structural support of the sign and electrical connection require construction permits.
(7) Menu signs. Foundation, anchorage, attachments and other structural support of the sign and
electrical connection require construction permits.
(8) Seasonal Decorations. Reasonable seasonal decorations within an appropriate holiday season
or during a festival are exempt from this section as long as such displays are removed promptly at the
end of the holiday season or festival.
(9) Sculptures, fountains, benches, lighting, mosaics, murals, landscaping and other street
furniture and design features, which do not incorporate advertising or identification.
(10) Signs Not Visible From Public Way. Exterior and interior signs or displays not intended to be
visible from streets or public ways, signs in the interior of a building more than three (3) feet from the
closest window and not facing a window, window displays and point of purchase advertising displays
such as vending machines.
(11) The flag, emblem or insignia of a nation or other governmental unit or nonprofit organization,
subject to the guidelines concerning their use set forth by the government or organization which they
represent. Flag poles require a construction permit for structural review.
(12) Traffic or other municipal signs, signs required by law or emergency services, railroad crossing
signs, legal notices, and any temporary signs specifically authorized by the City Council or authorized under policies and procedures adopted by the City Council. (13) Signs of public utility companies indicating danger or which serve as an aid to public safety or
which show the location of underground facilities or of public telephones.
(14) Memorial signs or tablets, names of buildings, stained glass windows and dates of erection
when cut into the surface of the façade of the building or when projecting not more than two (2)
inches.
(15) Incidental signs, including, but not limited to, ―no trespassing‖, ―no dumping‖, ―no parking‖,
―private‖, signs identifying essential public needs (i.e. restrooms, entrance, exit, telephone, etc.) and
other information warning signs, which shall not exceed three (3) square feet in surface area.
(16) Flush-mounted wall signs which are used to identify the name and address of the occupant for
each dwelling provided the sign does not exceed two (2) square feet in sign area.
(17) Gateway Entrance Signs. Gateway entrance signs that comply with the City of Marysville
Gateway Master Plan. Foundation, anchorage, attachments and other structure support of the sign
and electrical connection require construction permits.
22C.160.090 On-premises Requirement All signs shall be located on-premise, provided that temporary off-premises signs shall be
allowed subject to the provisions set forth in Chapter 22C.160.230 MMC. In addition, property owners
may apply for an off-premises freestanding sign with a contiguous property abutting a public street,
subject to the following criteria:
(1) The allowable off-premises freestanding sign area shall be determined by measuring the street
frontage of the property abutting the public street, as provided in Section 22C.160.140(5) MMC.
(2) Off-premises freestanding signage shall comply with all applicable development standards set
forth in this Chapter.
(3) Applicants may apply for a bonus allowance, subject to the criteria set forth in Section
22C.160.260 MMC.
22C.160.100 Maintenance
Signs shall be maintained in the same condition as when the sign was installed. Normal wear
and tear of aged signs shall be repaired when they detract from the visible quality of the sign, as
determined by the community development director. When signs are repaired, they must do so in a
manner (paint colors shall match, etc.) that is consistent with the approved sign permit. When signs
are removed, the wall behind the sign shall be reparied and painted to match the rest of the building wall. The premises surrounding a freestanding sign shall be free of litter, and any landscaped area shall be maintained.
Those signs found to be deteriorated or unsafe shall be repaired or removed by the owner
within ten (10) days after receiving notice from the community development director or designee.
Marysville Municipal Code Title 22 UDC
Title 22C-117
22C.160.110 Abandoned Signs
Abandoned signs shall be removed by the property owner or lessee within sixty (60) days after the business or service advertised by the sign is no longer conducted on the premises. If the
property owner or lessee fails to remove it, the Community Development Director, or designee, shall
give the owner ten (10) days written notice to remove it. Upon failure to comply with this notice, the
City of Marysville may remove the sign at the cost of the owner of the premises. The foundations and
posts of a sign, with all advertising copy removed, may remain on the premises for up to three years
with the owner’s written consent, on the condition that the same must be continuously maintained
pursuant to Section 22C.160.100 MMC.
22C.160.120 Sub-Area Master Plan and Special Overlay Districts
In general, all signs are subject to sign regulations outlined in Chapter 22C.160 MMC. When
the regulations of a sub-area master plan or special overlay district conflict with this Chapter, unless
specifically indicated otherwise, the regulations of the sub-area master plan or special overlay district
supersede the regulations of Chapter 22C.160 MMC.
22C.160.130 Illumination
The following standards apply to all illuminated signs:
(1) Sign illumination shall not interfere with the use and enjoyment of adjacent properties, create a public nuisance, or create public safety hazards. Exterior light sources shall be shielded from view and directed to illuminate only the sign face.
(2) Freestanding signs may be internally or externally illuminated. Internal illumination is
permitted only if the sign background is opaque and the only portion of the sign that appears as
illuminated is the actual lettering and/or a registered trademark. Exception: Signs with individual
backlit letters are acceptable.
(3) Back-lit wall signs are prohibited. Exception: Signs with individual backlit letters are
acceptable.
(4) No sign shall have blinking, flashing, moving or fluttering lights or other illuminating devices
that have a changing light intensity, brightness or color.
(5) Illuminated signs shall not create a hazardous glare for pedestrians or vehicles either in a
public street or on any private premises and shall not project towards the sky.
(6) The light from an illuminated sign shall not be of an intensity or brightness or directed in a
manner that will create a negative impact on residential properties in direct line of sight to the sign.
(7) Colored light shall not be used at a location or in a manner so as to be confused or construed
as a traffic control device. (8) Reflective-type bulbs and incandescent lamps that exceed fifteen (15) watts shall not be used
on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right-of-way
or adjacent property.
(9) Light sources shall utilize energy efficient fixtures to the greatest extent possible.
(10) Each illuminated sign shall be subject to a thirty (30) day review period, during which time the
Community Development Director or designee may determine that a reduction in illumination is
necessary due to negative impacts on surrounding property or the community in general. In addition,
and at any time, the Community Development Director or designee may order the dimming of any
illumination found to be excessively bright. The Community Development Director’s determination will
be made without regard to the message content of the sign.
22C.160.140 Measurement Standards
(1) Determining Sign Area and Dimensions
(a) For a wall sign which is framed, outlined, painted or otherwise prepared and intended
solely to provide a background for a sign display, the area and dimensions shall include the entire
portion within such background or frame.
(b) For a wall sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric
shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any
applied background that is not a part of the architecture of the building. When separate elements are
organized to form a single sign, but are separated by open space, the sign area and dimensions shall
be calculated by determining the geometric form, or combination of forms, which comprises all of the
display areas, including the space between different elements. Minor appendages to a particular
Marysville Municipal Code Title 22 UDC
Title 22C-118
regular shape, as determined by the Community Development Director, shall not be included in the
total area of a sign.
Figure 1: Wall Sign Area – Examples of Area Calculations
This illustrates the areas to be included within the calculation of
a Sign Area.
(c) For a freestanding sign, the sign area shall include the frame, if any, but shall not
include:
(i) A pole or other structural support unless such pole or structural support is
internally illuminated or otherwise designed so as to constitute a display device, or a part of a display device. (ii) Architectural features that are either part of the building or part of a
freestanding structure, and not an integral part of the sign, such as which may consist of landscaping,
building or structural forms complementing the site in general.
Figure 2: Freestanding Sign Area – Examples of Area Calculations
The dashed line indicates the sign area
(d) When two identical sign faces are placed back to back so that both faces cannot be
viewed from any point at the same time and are part of the same sign structure, the sign area shall be
computed as the measurement of one of the two faces.
-~
Measuring the examples using multiplegeometric shapes
Opal spatt·part ofs'gn area
Marysville Municipal Code Title 22 UDC
Title 22C-119
(2) Determining Sign Height
(a) The height of a freestanding sign shall be measured from the base of the sign or supportive structure at
its point of attachment to the ground, to the highest point of
the sign. A freestanding sign on a man-made base, including a
graded earth mound, shall be measured from the grade of the
nearest pavement or top of any pavement curb.
(b) Clearance for freestanding and projecting signs
shall be measured as the smallest vertical distance between
finished grade and the lowest point of the sign, including any
framework or other embellishments.
(3) Determining Building Frontages and Frontage
Lengths
(a) Building Unit – The building unit is equivalent
to the tenant space. The frontage of the tenant space on the
first floor shall be the basis for determining the permissible
sign area for wall signs.
(b) Primary and Secondary Frontage – The
frontage of any building unit shall include the elevation(s) facing a public street, facing a primary parking area for the building or tenants, or containing the public entrance(s) to the
building or building units.
(i) The primary frontage shall be considered the portion of any frontage
containing the primary public entrance(s) to the building or building units.
(ii) The secondary frontage shall include those frontages containing secondary
public entrances to the building or building units and all building walls facing a public street or primary
parking area that are not designated as the primary building frontage by subsection (i) above.
(4) Length of Building Frontage
(a) The length of any primary or secondary building frontage shall be all wall lengths
parallel, or nearly parallel, to such frontage, excluding any such wall length determined by the
Community Development Director to be clearly unrelated to the frontage criteria.
(b) The building frontage for a building unit shall be measured from the centerline of the
party walls defining the building unit.
(5) Determining Street Frontage
(a) Street frontage shall be determined by measuring the lineal feet of property abutting the public street from which a property obtains primary access.
(b) For developments located along more than one public street, the street frontage shall
be determined by measuring the lineal feet of property abutting all public streets.
(c) Alley frontage shall not be included in determining street frontage.
(d) Properties abutting Interstate 5, and not abutting a public street, shall have the street
frontage determined by measuring the lineal feet of property abutting Interstate 5.
22C.160.150 Development Standards – Residential Zones
In addition to all other provisions of this chapter, the following development standards apply in
residential zones:
(1) The total combined area of all nonexempt signs on any lot in a residential zone shall not
exceed nine (9) square feet, except as provided in subsections (7) through (12) below.
(2) All dwelling units in residential districts shall display house numbers readable from the street.
(3) Illumination from or upon signs shall be shaded, shielded, directed or reduced so that the light
intensity or brightness does not affect the enjoyment of residential property in the vicinity in any
substantial way.
(4) Freestanding pole, or pylon, signs are prohibited. (5) Roof signs are prohibited. (6) No sign shall be located closer than ten (10) feet to an internal property line unless attached
to a fence. Signs attached to fences shall not extend higher than the fence and shall not create sight
distance obstruction or any other safety hazard.
(7) Each entrance to a subdivision or multi-family development may have a monument sign up to
thirty-two (32) square feet in area, per face, or two single-faced signs of not more than sixteen (16)
√
X
√
The height of a sign is measured from the
grade of the street level where the sign is
viewed; not from the top of the mound
Marysville Municipal Code Title 22 UDC
Title 22C-120
square feet each. These signs shall be located outside the public right-of-way so as not to create a
visual obstruction for motorist or pedestrians. The height of such signs shall not exceed five (5) feet. (8) Existing Recreation/Cultural land uses (i.e. park, community center, library, church, etc.) and
Education services (i.e. public and private schools), not reviewed through the conditional use
provisions outlined in subsection 10 of this section, may have one (1) monument sign per street
frontage up to thirty-two (32) square feet in area, per face. The height of such signs shall not exceed
five (5) feet and shall comply with the development standards outlined in Section 22C.160.170 MMC.
In addition, a maximum of thirty-two (32) square feet of permanent wall signage shall be allowed on
the primary and secondary building frontage(s). Wall signs shall comply with the development
standards outlined in Section 22C.160.160 MMC.
(9) Home occupation, day care and adult family home signs shall not exceed three (3) square feet
and shall be wall signs, monument signs or mounted to a fence. Signs mounted to a fence shall
comply with the provisions outlined in subsection (6) of this section.
(10) Signs for conditional uses permitted in residential zones shall be approved as part of the
applicable conditional use permit and shall not be otherwise restricted by the provisions of this
section.
(11) Temporary sale signs (garage sale, estate sale, etc.) may be displayed no more than three (3)
days prior to the event and shall be removed 24-hours after the event is completed. There shall be no
more than two (2) such events advertised for any residence per year. (12) Real estate for sale or for rent signs are permitted pursuant to Section 22C.160.230 (5)&(6) MMC.
22C.160.160 Development Standards – Wall Signs
(1) The basic allowance for wall signs shall be limited to one and one-half (1½) square feet of sign
area for each lineal foot of primary building frontage or two (2) square feet of sign area for each lineal
foot of primary building frontage for non-illuminated signs.
(2) Each tenant is allowed a minimum sign area of thirty-two (32) square feet.
(3) Each tenant may have multiple wall signs placed on the primary or secondary building
frontage(s), so long as the total wall signage does not exceed the allowances outlined in subsection
(1) of this section.
(4) The community development director may allow wall signage to be placed on wall(s) which do
not qualify as primary or secondary frontages, subject to the following criteria:
(a) It must be demonstrated that the wall signage would be visible from a public right-of-
way;
(b) The wall signage must be comprised of individual letters; (c) The letter and logo height shall not exceed twenty-four (24) inches;
(d) Signs shall be non-illuminated;
(e) The wall signage shall comply with the design standards outlined in subsections (5)
through (8) of this section.
(f) In multi-use complexes, said signs shall be mounted so that each tenant’s wall sign
will be located at the same level (height above-grade) as other tenants’ signs.
(g) The total wall signage for all frontage(s) shall not exceed the allowances outlined in
subsection (1) of this section.
(5) The wall signage shall not exceed two-thirds (2/3) of the overall frontage for the building or
tenant(s) frontage, as applicable.
(6) The wall signage shall not encroach within three (3) feet from the edge of the building or
tenant(s) frontage, as applicable.
(7) Wall signs shall not extend above the building parapet, soffit, eave line, or roof of the building.
(8) The color, shape, material, lettering and other architectural details shall be harmonious with
the character of the primary structure. No angle irons, guy wires, or braces shall be visible except
those that are an integral part of the overall design.
(9) The following additional wall signs may be permitted: (a) Projecting signs are permitted, in addition to the allowances for wall signs, when designed and placed for the purpose of identifying the business(es) to pedestrians walking along the
same side of the street as the business they seek or under a continuous rain canopy projecting from
the building, subject to the following criteria:
Marysville Municipal Code Title 22 UDC
Title 22C-121
(i) Clearance: Shall clear sidewalk by
eight (8) feet. (ii) Projections: Shall not project more
than five (5) feet from the building façade, unless the sign is a
part of a permanent marquee or awning over the sidewalk.
Vertically oriented signs shall not project more than three (3)
feet from the building façade. In no case shall a projecting
sign be placed within two (2) feet of the curb line.
(iii) Size: Shall not exceed an area of two
(2) square feet per each ten (10) lineal feet of applicable
primary building frontage.
(iv) Height: Shall not extend above the building parapet, soffit, eave line, or the
roof of the building, except for theatres.
(v) Spacing: Twenty (20) feet minimum separation.
(vi) Design: The color, shape, material, lettering and other architectural details
shall be harmonious with the character of the primary structure. No angle irons, guy wires, or braces
shall be visible except those that are an integral part of the overall design.
(b) Building Directory – In addition to the wall signs otherwise permitted by these
regulations, an additional sign may be permitted up to a maximum of ten (10) square feet for the purpose of identifying upper floor tenants or first floor tenants that do not have outside building frontage.
22C.160.170 Development Standards – Freestanding Signs
(1) The basic allowance for freestanding signs shall be limited to one (1) square foot of sign area
for each lineal foot of street frontage not to exceed two-hundred (200) square feet of sign area per
street frontage and seventy-five (75) square feet per sign face.
(2) The maximum height of freestanding signs is outlined
in Table 1, provided that monument signs shall not exceed
twelve (12) feet in height. Additionally, when the regulations
of a sub-area, master plan or special overlay district conflict,
unless specifically indicated otherwise, the regulations of the
sub-area, master plan or special overlay district shall
supersede the height requirements outlined in Table 1.
Table 1: Freestanding Signs – Maximum Height
Zoning District
NB CB GC DC MU BP LI GI REC P/I
4’ 25' 25' 15' 12' 25' 25' 25' 4' 15'
(3) No portion of a freestanding sign shall be in, or project over, a public right-of-way, and the
minimum setback shall be five (5) feet, subject to sight distance review at intersection and driveways.
(4) Single-occupancy complexes are allowed one (1) freestanding sign per street frontage. (5) Multi-occupancy complexes are allowed one (1) freestanding sign per access driveway for the complex. However, multi-occupancy complexes with only one access driveway shall be allowed one
(1) additional freestanding sign, as long as the freestanding sign advertises a different business or
businesses located onsite and can be spaced at least one-hundred fifty (150) feet apart.
Marysville Municipal Code Title 22 UDC
Title 22C-122
(6) All pole, or pylon, sign supports shall be enclosed or concealed
in accordance with the design criteria outlined in subsection (10) of this section.
(7) Pole, or pylon, signs are prohibited in the NB, MU and REC
zones.
(8) Pole, or pylon, signs are prohibited in the commercial and
industrial zones located along the 88th Street NE, 116th Street NE and
156th/152nd Street NE corridors.
(9) Pole, or pylon, signs are prohibited on CB zoned properties
located adjacent to 64th Street NE (SR 528) and 84th Street NE from
approximately 83rd Avenue NE to SR 9.
(10) The base of a freestanding sign shall be constructed of
landscape materials, such as brick, stucco, stonework, textured wood,
tile or textured concrete, and shall be harmonious with the character
of the primary structure. This limitation does not apply to structural
elements that are an integral part of the overall design such as
decorative metal or wood.
(11) The color, shape, material, lettering and other architectural details of freestanding signs shall
be harmonious with the character of the primary structure. (12) No angle irons, guy wires or braces shall be visible except those that are an integral part of the overall design.
(13) One (1) square foot of landscaping is required per one (1) square foot of sign face.
Landscaping shall include a decorative combination of ground cover and shrubs to provide seasonal
interest in the area surrounding the sign. Landscaping shall be well maintained at all times of the
year. The Community Development Director may reduce the landscaping requirement, where the
signage incorporates stone, brick, or other decorative materials.
22C.160.180 Development Standards – Electronic Message, Animated And
Changeable Copy Signs
(1) Changeable copy by non-electronic means may be
utilized on any permitted non-temporary sign.
(2) Animated signs are prohibited.
(3) One (1) electronic message or changeable copy sign is
permitted per street frontage for single-occupancy complexes.
Multi-occupancy complexes with only one access driveway shall be allowed one (1) additional electronic message or
changeable copy sign, as long as the signs are spaced at least
150 feet apart.
(4) Electronic message signs are permitted, provided that
the copy does not change more than once every twenty (20)
seconds.
(5) Electronic message and changeable copy signs shall not exceed thirty (30%) percent of the
allowable sign area.
(6) All electronic message and changeable copy signs shall be constructed as an integral part of a
permanent sign constructed on site. ―Integral‖ shall be considered to mean that the electronic
message and changeable copy is incorporated into the framework and architectural design of the
permanent sign.
(7) All electronic message signs are required to have automatic dimming capability that adjusts
the brightness to the ambient light at all times of the day and night.
22C.160.190 Development Standards – Instructional Signs
(1) Instructional, or directional signs shall be permitted in addition to all other signs, when they are of such size and location as to satisfy the intended instructional purpose and,
based on their size, location, and intended purpose, will not
constitute additional advertising.
(2) Instructional signs shall not exceed six (6) square feet
per sign and may include the name of the business and logos.
Marysville Municipal Code Title 22 UDC
Title 22C-123
22C.160.200 Development Standards – Window Signs
(1) Permanent window signs shall not exceed twenty-five
(25%) percent of the area of a window, and the total
area of all window signs, including both permanent and
temporary, shall not exceed fifty (50%) percent of the
window area.
(2) Window signs constructed of neon, stained glass, gold
leaf, cut vinyl, and etched glass are allowed. Painted
signs shall display the highest level of quality and
permanence, as determined by the Community
Development Director.
22C.160.210 Development Standards – Blade/Bracket Signs
Blade/Bracket Signs are allowed for commercial uses,
subject to the following criteria: (1) Projection: Blade signs may project up to three (3) feet. Bracket signs shall have one (1) foot minimum between
the sign and the outer edge of the marquee, awning, or
canopy and between the sign and the building façade.
(2) Clearance: Blade/bracket signs shall maintain a
minimum clearance of eight (8) feet between the walkway and
the bottom the sign.
(3) Dimensions: Blade signs shall not exceed six (6)
square feet in area. Bracket signs shall not exceed two (2)
feet in height.
(4) Mounting: Blade signs must avoid covering or modifying windows or other architectural
features.
(5) Spacing: There shall be twenty (20) feet minimum separation between blade/bracket signs.
(6) Design: The color, shape, material, lettering and other architectural details shall be
harmonious with the character of the primary structure. No angle irons, guy wires or braces shall be
visible, except those that are an integral part of the overall design.
22C.160.220 Development Standards – Gas Stations, Convenience Stores,
Car Washes And Similar Uses
(1) Signage shall be an integral design element of a project and compatible with the exterior
architecture with regard to location, scale, color and lettering.
(2) Sign colors and materials shall match those of the building or the ―corporate colors.‖ Opaque
or muted sign backgrounds with cabinet-type signs are encouraged.
(3) No commercial signage shall occupy the pump island area. All instructional signs shall be
architecturally integrated.
(4) Gasoline price signs shall be architecturally integrated with other signs or structures.
22C.160.230 Development Standards – Temporary And Special Event Signs
(1) Construction signs. Construction signs, which identify the architects, engineers, contractors
or other individuals or firms involved with the construction of a building and announce the character of
the building or the purpose for which the building is intended, are permitted subject to the following
criteria:
(a) Such signs may be displayed only after a building permit is obtained and during the period of construction on the construction site. (b) Only one (1) sign is permitted per street frontage.
(c) No construction sign shall exceed thirty-two (32) square feet per face.
(d) No construction sign shall exceed twelve (12) feet in height.
(e) Construction signs shall be setback a minimum of ten (10) feet from an interior
property line.
Marysville Municipal Code Title 22 UDC
Title 22C-124
(f) Construction signs shall be removed by the date of first occupancy of the premises or
upon expiration of the building permit, whichever first occurs. (2) Grand opening displays. Temporary signs, posters, banners, strings of lights, clusters of
flags, balloons, searchlights and beacons are permitted for a period not to exceed sixty (60) days per
calendar year to announce the opening of a completely new enterprise or the opening of an enterprise
under new ownership. All such signs and materials shall be located on the premises being advertised
and shall be completely removed immediately upon expiration of said sixty (60) day period.
(3) Special Sales and Events. Temporary signs, posters, banners, strings of lights, clusters of
flags, balloons, searchlights and beacons are permitted for the limited purpose of announcing a retail
sale or special event in business or commercial zones, but not on a routine basis. All such advertising
material shall be located on the premises being advertised and shall be removed immediately upon
expiration of said special sale or event.
(4) Quitting Business Sales. Temporary signs, posters and banners are permitted for a period
of ninety (90) continuous days for the purpose of advertising quitting business sales, liquidation sales,
or other events of a similar nature, which are authorized pursuant to Chapter 5.52 MMC, Closing-out
and Special Sales. All such signs shall be located on the premises being advertised and shall be
removed immediately upon expiration of the ninety (90) day period or conclusion of the sale,
whichever first occurs.
(5) On-premises Commercial or Real estate signs. All exterior real estate signs must be of a durable material. Only the following real estate signs are permitted: (a) Residential For Sale or Rent Signs. Signs advertising residential property for sale
or rent shall be limited to one (1) single-faced or double-faced sign per street frontage. Such signs
shall not exceed four (4) square feet per face and must be placed wholly on the subject property.
Such signs may remain up for one (1) year or until the property is sold or rented, whichever first
occurs. A sold sign may remain up for ten (10) days after the occupancy of the residential property.
(b) Commercial or Industrial for Sale or for Rent Signs. Signs advertising
commercial or industrial property for sale or rent shall be limited to one (1) single-faced or double-
faced sign per street frontage. Signs may be displayed while the property is actually for sale or rent.
The signs shall not exceed thirty-two (32) square feet per face. If freestanding, the signs shall not
exceed twelve (12) feet in height and shall be located a minimum of ten (10) feet from any abutting
interior property line and wholly on the property for sale or rent.
(c) Subdivision signs. Signs advertising residential subdivisions shall be limited to one
(1) single-faced or double-faced sign per street frontage. Such signs shall not exceed thirty-two (32)
square feet per face and shall not exceed twelve (12) feet in height. They shall be setback a minimum
of ten (10) feet from any abutting interior property line and shall be wholly on the property being subdivided and sold.
(6) Portable Commercial or Real Estate Signs. Temporary signs advertising business
locations or the sale or lease of commercial or residential premises are permitted only as follows:
(a) Number: The number of temporary portable commercial, real estate, and
construction signs allowed shall be as follows, provided that nothing herein shall be construed as
authorizing the display of signs otherwise prohibited under applicable provisions of this code:
(i) For any business or real estate unit located in the NB, CB, GC, DC, MU, BP, LI,
GI, REC, P/I, WR-MU or WR-CB zoning districts, no more than one (1) temporary portable commercial
or real estate sign shall be allowed for each business location or real estate unit offered for sale or
lease, provided, that a maximum of one (1) temporary portable sign shall be allowed for any multi-
unit complex notwithstanding the number of rental or dwelling units therein currently available for sale
or lease, subject to the following location criteria:
(A) Location: Temporary portable commercial or real estate signs shall
be located within twelve (12) feet of the applicable building entrance and maintain at least eight (8)
feet of horizontal clearance on the sidewalk for pedestrian movement.
(ii) For any business or real estate unit located in the R-4.5, R-6.5, R-8, R-12, R-
18, R-28, WR-R4-8 or WR-R6-18 zoning districts, no limit established on the number of allowed signs, but signs may only be placed at turning/decision points within the public right-of-way, and only one (1) each at each such location.
(b) Size: Commercial and real estate temporary portable signs shall not exceed ten (10)
square feet per sign face, and no such sign shall contain more than two (2) sign faces. Commercial
and real estate temporary portable signs shall not exceed six (6) feet in height, measured from the
pre-existing ground level to the top of the sign.
Marysville Municipal Code Title 22 UDC
Title 22C-125
(c) Location: No temporary portable commercial or real estate sign shall be located
within vehicle lanes, bikeways, trails, sidewalks or median strips. No temporary portable commercial or real estate sign shall block driveways or be affixed to utility poles, fences, trees or traffic signs. No
temporary portable commercial or real estate sign shall be strung between trees.
(d) Festoons Prohibited: The use of balloons, festoons, flags, pennants, lights or any
other attached display on a commercial or real estate temporary portable sign is prohibited.
(e) Animation Prohibited: No commercial or real estate temporary portable sign shall
be displayed while being rotated, waved, or otherwise in motion.
(f) Duration: Commercial temporary portable signs may be displayed only during
daylight hours and when the commercial establishment to which they relate is open for business. Real
estate temporary portable signs may be displayed only during daylight hours and when the real estate
to which they relate is the subject of an open house or when a complex manager is available to show
the unit.
(7) Political signs. A sign which exclusively and solely advertises a candidate or candidate’s
public elective office, a political parity, or promotes a position on a public, social, or ballot issue may
be displayed in accordance with the following restrictions:
(a) On-Premises Signs: On-premises political signs located at the headquarters of a
political party, candidate for public elective office, or a public issue decided by ballot are permitted.
All on-premises political signs shall comply with the dimensional and location requirements of the zoning district in which it is located. (b) Off-Premises Signs: Permits for political signs are not required.
(i) Location: Political signs may not be placed on private property without the
permission of the property owner. In parking strips and public rights-of-way where the placement of a
political sign may be fairly attributed to a neighboring property owner, permission of that owner must
first be obtained prior to placement. Political signs may not be located so as to impede driver vision or
represent an obstruction or hazard to vehicular or pedestrian traffic.
(ii) Prohibited on Public Property: It is unlawful for any person to paste, paint,
affix or fasten any political sign on a utility pole or on any public building or structure. No political
sign placed within the public right-of-way shall create a safety hazard for pedestrians or motorists, as
determined by the Police Chief and/or City Engineer.
(iii) Time Limitations: Political signs advertising a candidate for election or
promoting a position on a ballot issue shall be removed within seven (7) days following an election.
(iv) Responsibility for Compliance: The persons(s) placing the political sign
and the political candidate and/or campaign director shall be jointly responsible for compliance with
this section. (8) Land Use Action Notice. Where required pursuant to Chapter 22G.010 MMC Article II –
Public Notice Requirements, public notice signs which describe proposed land use actions and public
hearing dates are permitted.
(9) Signs on Kiosks. Temporary signs on kiosks are permitted but the signs shall not exceed
four (4) square feet in area.
(10) Temporary Uses and Secondary Uses of Schools, Churches, or Community Buildings.
Temporary signs relating directly to allowed temporary uses under the City’s development regulations
and secondary uses of schools, churches, or community buildings may be permitted for a period not to
exceed the operation of the use, subject to the following requirements:
(a) Signs must be portable in nature.
(b) No more than one (1) on-premises sign and one (1) off-premises sign shall be
permitted per temporary use.
(c) No sign shall exceed ten (10) square feet per sign face.
(d) Maximum sign height shall be six (6) feet measured from the pre-existing ground level
to the top of the sign.
(e) Signs shall not be portable readerboard types, electrical or neon. Only indirect lighting
is allowed. (f) A-board or sandwich signs may be used in compliance with this subsection provided they are used only during the days the temporary or secondary use occurs and are removed after the
use ceases for each day.
(g) Signs shall be secured with an approved tie-down.
(h) Signs shall be approved by the Community Development Director before they are
used. If a temporary use permit is required, this review shall take place as part of the temporary use
application decision.
Marysville Municipal Code Title 22 UDC
Title 22C-126
(11) Alcohol Advertising. Alcohol advertising shall comply with the provisions outlined in Chapter
314-52 WAC Advertising, as amended. (12) Any temporary sign not otherwise provided for under subsections (1) through (11) above shall
comply with the development standards outlined in this Chapter.
(13) Removal. The Community Development Director or designee may immediately remove and
dispose of unlawful temporary and special event signs at the expense of the person identified on such
signs and/or the owner of the property on which said signs are located.
22C.160.240 Nonconforming Signs
(1) All existing signs in the city that were legally permitted and are not in compliance with the
requirements of this chapter upon the effective date of the ordinance codified in this title are
considered nonconforming signs. Nonconforming signs shall be made to conform with the
requirements of this chapter under the following circumstances:
(a) When any new sign for which a sign permit is required by this chapter is proposed to
be installed on a business site where a nonconforming sign or signs are located, one nonconforming
sign of similar type as the proposed sign shall be removed or brought into conformance with this
chapter for each new sign installed on a business site. For example, one existing nonconforming
freestanding sign would need to be removed or brought into conformance for each new freestanding
sign installed on a particular business site. In no case shall an applicant be permitted signage that
exceeds the maximum signage allowed in this chapter.
(b) A sign is relocated, altered, replaced, or changed in any way, including the sign
structure. This provision does not include a change in the face of the sign or advertising copy.
(c) A sign requires repairs beyond normal maintenance.
(d) Whenever the occupancy classification of a building is changed that results in an
intensification of land use, as determined by the Community Development Director.
(2) Normal maintenance such as cleaning, painting, light bulb replacement, or repair of broken placards, without any change in copy, is allowed so long as the repairs do not modify the sign structure or copy, or in any way structurally alter the sign. ―Normal maintenance‖ does not include
any of the items contained in subsection (1) of this section.
(3) All Temporary and Special Events signs that do not conform to the requirements of Section
22C.160.230 MMC shall be removed within six (6) months of the effective date of this title or, if
located within an area being annexed to the city, within six (6) months of the effective date of
annexation, whichever is later.
22C.160.250 Amortization for Billboard Signs
(1) Compliance: Any legal nonconforming billboard sign located within the corporate limits of
the city shall be discontinued and removed from the property pursuant to this section no later than
three (3) years from the date of adoption by ordinance.
(2) Notice: The city will provide written notice of the expiration of the amortization period, as
noted above, to the person, resident, or business responsible for such sign(s) at the last known
address and to the owner of the property on which the sign is located. The city will utilize the tax
assessor’s office to find the latest, updated address for the property owner(s) in question. Such notice
will be provided by mail, postmarked no later than nine (9) months prior to expiration of the amortization period. (3) Request for Consideration/Extension: The city has established the time period stated in
subsection (1) of this section with the understanding that these time periods provide a reasonable
time to recover the life expectancy of most signs. However, the city recognizes that there can be
special or unusual circumstances that may fall outside of those parameters.
(a) Any person aggrieved by the imposition of the amortization clause may request review
of the clause. The request for review shall be filed with the city not later than six (6) months prior to
the expiration of the amortization period. The review shall be heard by the Hearing Examiner. A fee
will be charged based on the processing costs as provided in Chapter 22G.030 MMC.
(b) The aggrieved applicant has the burden of establishing the unreasonableness of the
amortization period and must provide substantial evidence showing that the amortization period is
unreasonable.
(c) The Hearing Examiner shall consider such things as lease obligations, remaining period
of life expectancy of the nonconformance, depreciation, and the actual amount invested in the
nonconforming sign.
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Title 22C-127
(d) The Hearing Examiner shall consider the preservation and improvement of the city’s
physical environment, natural amenities, and desirable characteristics of the city as asserted in the purpose of the city’s land use regulations as well as the goals and policies adopted in the city’s
comprehensive plan. The Hearing Examiner may consider any combination of these legitimate public
concerns.
(e) The Hearing Examiner shall conduct a balancing of interest, considering the interest
and hardship as to the applicant, and whether the hardship to the applicant reasonably overbalances
the benefit that the public would derive from the termination of the nonconformance. If, after careful
consideration, the Hearing Examiner determines that the amortization period, as applied to the
applicant’s nonconformance, would result in a greater hardship to the applicant than benefit to the
public, the Hearing Examiner may extend the amortization period to a point in time when the
balancing of interest would support the termination of the nonconformance. In no event should this
amortization period be greater than three (3) additional years.
(4) Annexations: Any legal nonconforming billboard on property annexed into the city at a later
date shall be discontinued and removed within three (3) years of the annexation or according to the
annexation agreement established at the time of annexation. A three (3) year time extension may be
approved by the Hearing Examiner, subject to the provisions contained in subsection (3) of this
section.
22C.160.260 Bonus Allowance for Outstanding Design (1) Purpose: A maximum fifty (50%) percent sign area bonus and a maximum twenty-five
(25%) percent height bonus shall be allowed under any of the following circumstances:
(a) There are exceptional circumstances or conditions, such as location of existing
structures, lot configuration, topographic or unique physical features, that apply to the subject
property which prohibit sign visibility.
(b) New developments greater than ten (10) acres in size that wish to consolidate the
allowable signage. A minimum of two (2) signs will be required to be consolidated for a bonus
consideration.
(c) Contiguous or multi-tenant properties sharing the same street frontage that wish to
consolidate allowable signage. A minimum of two (2) signs will be required to be consolidated for a
bonus consideration.
(2) Procedures: A request for a bonus allowance may be granted by the Community
Development Director subject to the approval criteria outlined in subsection (3) of this section. Appeal
or request for reconsideration of the Director’s decision shall be made to the Hearing Examiner as an
open record hearing in accordance with Chapter 22G.010 MMC Aticle VIII - Appeals. (3) Approval Criteria: A bonus will be approved, if the Community Development Director finds
that the criteria below are met:
(a) The adjustment will not significantly increase or lead to street level sign clutter, to
signs adversely dominating the visual image of the area, or to a sign that will be inconsistent with the
objectives of a sub-area master plan or special overlay district.
(b) The adjustment will not create a traffic or safety hazard.
(c) The adjustment will allow a unique sign of exceptional design or style that will:
(i) Achieve a positive and tasteful image;
(ii) Have good legibility;
(iii) Exhibit technical competence and quality in design, construction, and
durability, and have standard details uncluttered by wires, angles, or other elements that detract from
the appearance;
(iv) Relate to architectural features rather than obscure or disregard building
planes;
(v) Present a harmonious relationship to other graphics and street furniture in the
vicinity;
(vi) Be of a size that is in scale with the setting, building, or structure where located; and (vii) Avoid glare.
(4) Application Requirements: An applicant requesting a bonus allowance under the provisions
of this chapter shall submit the following:
(a) A letter in memorandum form outlining how the request is consistent with the criteria
of this subsection.
Marysville Municipal Code Title 22 UDC
Title 22C-128
(b) A site plan that is accurately drawn to an engineered scale that includes the following
information: (i) Boundaries and dimensions of the site;
(ii) Location of buildings, parking areas and adjacent streets;
(iii) Graphic representations of all existing signs including their size, height and
placement on the site;
(iv) Graphic representation of the proposed sign(s) subject to the request; and
(v) Building elevation showing the placement of the sign on that elevation, if
applicable.
(5) Timing: The Community Development Director or designee shall render a written decision on
the requested bonus for outstanding design within ten (10) business days of submittal of all required
elements and filing fee.
(6) Variance Required: Requests that exceed the fifty (50%) percent sign area bonus and
twenty-five (25%) percent height bonus, those that do not comply with the purpose outlined in
subsection (1) of this section, or those not related to allowable sign height or sign area shall be
processed as a variance in accordance with Section 22C.160.270 MMC.
22C.160.270 Variances
Any person may apply for a variance from the requirements of this Chapter. Sign variances shall be processed by the Hearing Examiner pursuant to the procedure set forth in Chapter 22G.060 MMC. Variance applications shall be processed pursuant to the review procedures outlined in Chapter
22G.010 MMC. A fee will be charged based on processing costs as provided for in Chapter 22G.030
MMC. In making any decision on a variance application, the permit authority must adopt findings of
fact and conclusions based on those findings that address whether or not the application meets the
following criteria for approval:
(1) The variance does not conflict with the purpose and intent of the sign regulations;
(2) The variance shall not constitute a grant of special privilege inconsistent with the limitation
upon signage of other properties that have had to conform to the provisions of this chapter;
(3) There are exceptional or extraordinary circumstances or conditions applicable to the property
involved, or to the intended use of the property, that are not contemplated or provided for by this
chapter;
(4) The granting of such variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the subject property is
situated; and
(5) The granting of such variance would not increase the number of signs allowed by this chapter or that would allow a type of sign that is prohibited by this chapter.
Conditions may be imposed upon the application as deemed necessary to ensure compatibility
with this chapter.
22C.160.280 Substitution
Notwithstanding anything in this Chapter to the contrary, noncommercial copy expressing a
personal, political, or religious point of view may be substituted for commercial copy on any lawful
sign structure.
Marysville Municipal Code Title 22 UDC
Title 22C-129
Chapter 22C.170 MINI-STORAGE FACILITIES
Sections:
22C.170.010 Purpose ................................................................................... 129
22C.170.020 Use Standards .......................................................................... 129
22C.170.030 Development Standards ............................................................ 129
22C.170.040 Design Considerations ............................................................... 129
22C.170.010 Purpose
This chapter provides standards so that mini-storage facilities uses can be appropriately sited
in close proximity to residential zones.
22C.170.020 Use Standards
Other uses on the site such as the rental of trucks or moving equipment must meet the use
and development standards of the base zone, overlay zone, sub-area or master plan.
22C.170.030 Development Standards
Mini-storage facilities are permitted in the zones listed in MMC 22C.020.060 subject to the
following conditions: (1) The required setbacks are: (a) street setback: fifteen (15) feet;
(b) interior setback: ten (10) feet;
(2) Parking and internal drives are prohibited in setback areas.
(3) The accesses are required to be gated and monitored at all times.
22C.170.040 Design Considerations
The following exterior design requirements apply to a mini-storage facility when located
adjacent to or across a right-of-way from a residentially zoned or designated property.
(1) Architectural Features.
Architectural features are to be consistent with the character of the surrounding neighborhood. The
following are minimum standards.
(a) Minimum roof pitch is 4:12.
(b) Exterior vertical surfaces require fifty percent of the area to be materials such as
decorative brick veneer, stone, stucco, textured block, and other materials which reflect residential
design elements. (c) Unique architectural features such as towers, turrets and pergolas are subject to the
standards of this subsection. An applicant is required to demonstrate that the proposed architectural
features are consistent with the neighborhood character.
(d) Access points, except for emergency access, may not be from a local access street.
(e) Fencing is required to be low-maintenance material and articulation at intervals no
greater than twenty feet. Chain-link fencing is not permitted.
(f) Display and floodlighting is required to be constructed, shielded and used so as not to
directly illuminate, or create glare visible from, adjacent property or public right-of-way.
(g) A building or series of buildings parallel with and adjacent to residentially zoned or
developed property or street frontage must have staggered setbacks for every one-hundred (100) feet
of lineal development. The setbacks shall be stepped back or projected forward at intervals to provide
a minimum of 40 percent facade modulation. The minimum depth of modulation should be one foot,
and the minimum width should be five feet. There must be at least ten feet of separation between
buildings.
(2) Landscaping and Screening.
The following landscaping and screening requirements apply to all mini-storage facilities:
(a) All setback areas shall be landscaped with a variety of trees, shrubs and ground cover plants consistent with L2 landscaping as defined under Chapter 22C.120 MMC, Landscaping and Screening.
(b) A solid wall, a screening fence or a combination of both achieving a perimeter
screening to a minimum of six feet in height is required and shall be located so that a minimum of
seventy-five percent of the landscaping area is outside the fence.
(c) All use of the site shall comply with the City noise standards stated in Chapter 6.76
MMC.
Marysville Municipal Code Title 22 UDC
Title 22C-130
Chapter 22C.180 ACCESSORY STRUCTURES
Sections:
22C.180.010 Purpose. .................................................................................. 130
22C.180.020 Accessory structure standards. ................................................... 130
22C.180.030 Accessory dwelling unit standards............................................... 131
22C.180.010 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.
22C.180.020 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 permitted use and shall also comply with the standards set forth in MMC 22C.180.030: (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 dimensions.
(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 permitted 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 corner 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) and (c) of this section 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,
nonconforming 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; and (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.
Marysville Municipal Code Title 22 UDC
Title 22C-131
(3) A detached garage, carport or other permitted 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 corner 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 accessory 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 permitted 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 for the proposed accessory structure(s) indicating siding and roofing materials 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 over the requirements outlined in subsection (1) of this section; provided, that the accessory structure(s) shall be compatible with the principal structure and/or
neighborhood character. To make this determination, the community development 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.
22C.180.030 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 22C.110 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 part 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 MMC 22C.010.080. 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 form, 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 primary 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
form 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
Marysville Municipal Code Title 22 UDC
Title 22C-132
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 or the accessory dwelling
unit.
(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 community 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 and/or 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.
Marysville Municipal Code Title 22 UDC
Title 22C-133
Chapter 22C.190 HOME OCCUPATIONS
Sections:
22C.190.010 Purpose. .................................................................................. 133
22C.190.020 Home occupation standards. ...................................................... 133
22C.190.010 Purpose.
The purpose of this chapter is to allow small scale commercial occupations incidental to
residential uses to be located in residences while guaranteeing all residents freedom from excessive
noise, traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in
residential neighborhoods.
22C.190.020 Home occupation standards.
(1) Home occupations are permitted as an accessory use to the residential use of a property only
when all of the following conditions are met:
(a) The total area devoted to all home occupation(s) shall not exceed 25 percent of the
floor area of the dwelling unit or 600 square feet, whichever is less;
(b) The home occupation may be located in the principal dwelling or in an accessory
structure. If located in an accessory structure, the area devoted to the occupation, as described in subsection (1)(a) of this section, shall be based upon the floor area of the dwelling only; (c) Not more than one person outside of the family shall be employed on the premises;
(d) The home occupation shall in no way alter the normal residential character of the
premises;
(e) The home occupation(s) shall not use electrical or mechanical equipment that results
in:
(i) A change to the fire rating of the structure(s) used for the home
occupation(s),
(ii) Visual or audible interference in radio or television receivers, or electronic
equipment located off-premises, or
(iii) Fluctuations in line voltage off-premises;
(f) No equipment or material may be stored, altered or repaired on any exterior portion of
the premises;
(g) Sales shall be limited to merchandise which is produced on the premises and/or mail
order, internet and telephone sales with off-site delivery;
(h) Services to patrons shall be arranged by appointment or provided off-site; (i) The home occupation(s) may use or store a vehicle for pickup of materials used by the
home occupation(s) or the distribution of products from the site, provided:
(i) No more than one such vehicle shall be allowed,
(ii) Such vehicle shall not park within any required setback areas of the lot or on
adjacent streets, and
(iii) Such vehicle shall not exceed a manufacturer’s gross vehicle weight in excess
of 16,000 pounds, a length in excess of twenty (20) feet, or a width in excess of eight (8) feet;
(j) Signs in connection with the home occupation shall comply with the restrictions of
MMC 22C.160.150(9);
(k) No sales or services will be conducted on the premises which will generate more than
10 average daily round trips per day by customers.
(2) A home occupation permit issued to one person shall not be transferable to any other person;
nor shall a home occupation permit be valid at any other address than the one listed on the permit.
(3) In granting approval for a home occupation, the reviewing official may attach additional
conditions to ensure the home occupation will be in harmony with, and not detrimental to, the
character of the residential neighborhood.
(4) Any home occupation authorized under the provisions of this chapter shall be open to inspection and review at all reasonable times by enforcement officials for purposes of verifying compliance with the conditions of approval and other provisions of this title.
(5) The community development director shall have authority to administratively grant a minor
modification to the standards listed in subsections (1)(a) and/or (c) of this section, provided the use is
consistent with the purposes of this chapter and will be operated in harmony with the character of a
residential neighborhood. Minor modifications shall be limited to the home occupations standards in
subsections (1)(a) and (c) of this section, provided they create no significant impacts to the residential
Marysville Municipal Code Title 22 UDC
Title 22C-134
neighborhood. The community development director is authorized to approve minor modifications only
in cases of unique circumstances such as large property acreage, remote site access or site location, or small scale of use, when these circumstances ensure the commercial operation remains incidental
to the dwelling and in no way alters the normal residential character of the premises. No variance shall
be granted which would be detrimental to public health, welfare or environment.
Marysville Municipal Code Title 22 UDC
Title 22C-135
Chapter 22C.200 DAY CARE STANDARDS.
Sections:
22C.200.010 Purpose. .................................................................................. 135
22C.200.020 Development Standards. ........................................................... 135
22C.200.030 Permit Required. ...................................................................... 135
22C.200.010 Purpose.
The purpose of this chapter is to facilitate unobtrusive Day Care 1 facilities, which include
family day care homes, adult day cares and adult family care uses within a residence when such
facility is accessory to the residential use while guaranteeing all residents freedom from excessive
noise, traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in
residential neighborhoods.
22C.200.020 Development Standards.
The following restrictions apply to Day Care 1 facilities:
(1) Home day care and adult family care facilities shall meet the state licensing requirements,
including those pertaining to building, fire safety and health codes. A copy of the required state
license, if applicable, shall be furnished by the applicant with the business license application. (2) There shall be no change in the outside appearance of the residence, other than one flat, unlighted sign, not exceeding six square feet, mounted flush against the building.
(3) Where outdoor recreation facilities are provided for children in day care facilities, they shall be
screened by a fence at least four feet high where abutting residentially zoned property.
(4) The facility shall provide a safe passenger loading area.
(5) The day care provider shall provide written notification to immediately adjoining property
owners of the intent to locate and maintain a facility.
22C.200.030 Permit Required.
A Day Care 1 home occupation permit is required, subject to the following conditions:
(1) A Day Care 1 home occupation permit issued to one person shall not be transferable to any
other person; nor shall a Day Care 1 home occupation permit be valid at any other address than the
one listed on the permit.
(2) In granting approval for a Day Care 1 home occupation, the Community Development
Director, or designee, may attach additional conditions to ensure the home occupation will be in
harmony with, and not detrimental to, the character of the residential neighborhood. (3) Any Day Care 1 home occupation authorized under the provisions of this chapter shall be open
to inspection and review at all reasonable times by enforcement officials for purposes of verifying
compliance with the conditions of approval and other provisions of this title.
Marysville Municipal Code Title 22 UDC
Title 22C-136
Chapter 22C.210 BED AND BREAKFASTS
Sections:
22C.210.010 Purpose. .................................................................................. 136
22C.210.020 Bed and breakfast inn and guesthouse standards. ........................ 136
22C.210.010 Purpose.
The purpose of this chapter is to allow for small scale commercial lodging in residential or
commercial areas, and establishing performance standards to ensure compatibility when being
conducted in residential neighborhoods.
22C.210.020 Bed and breakfast inn and guesthouse standards.
(1) Where bed and breakfast inns and bed and breakfast guesthouses are allowed in the same
zone, only one or the other of these facilities may be located on a subject property at the same time.
An approved bed and breakfast guesthouse may be expanded to a bed and breakfast inn if a
conditional use application for an inn is obtained and the original permit for the guesthouse is vacated.
(2) Submittal plan requirements to accompany a conditional use application:
(a) Site Plan Requirements. The site plan shall indicate the location of the off-street
parking, proposed screening, the location and size of the bed and breakfast inn, and any proposed new construction to the premises, including additions, remodeling and/or outbuildings. (b) Architectural Requirements. For new construction only, the following shall apply:
(i) The applicant shall submit proposed architectural drawings and renderings of
the proposed structure, including exterior elevations, which shall project a residential, rather than a
commercial appearance. This architectural documentation shall be in sufficient detail to demonstrate
discernible compatibility between the new construction and the existing on-site development and
structures; provided further, the applicant also shall document a design which, in scale and bulk, is in
keeping with existing buildings on adjacent properties and compatible with the surrounding character
and neighborhood in which the guesthouse or inn is located.
(ii) If an outbuilding or outbuildings are proposed, a grading plan, showing the
extent of clearing activity is required. Site design shall be sensitive to the natural features of the site.
The use of manufactured and mobile homes is prohibited.
(c) Screening. The owner/operator shall provide screening with shrubs, trees, fencing
and other suitable materials as necessary to minimize the impacts upon the residential character of
the surrounding neighborhood.
(d) Floor Plan. The floor plan shall indicate bathrooms to be used by guests and the location and number of guest rooms.
(3) Minimum Performance Standards.
(a) Parking requirements shall be in accordance with Chapter 22C.130 MMC, Parking and
Loading. No on-street parking shall be allowed.
(b) Meal service shall be limited to overnight guests of the establishment. Kitchens shall
not be allowed in individual guest rooms.
(c) The owner shall operate the facility and reside on the premises.
(d) Business identification and advertising signs shall comply with Chapter 22C.160 MMC,
Signs.
(e) The bed and breakfast establishment shall be conducted in such a manner as to give
no outward appearance nor manifest any characteristics of a business, except as to the allowed
signage, that would be incompatible with the ability of the neighboring residents to enjoy peaceful
occupancy of their properties.
(f) Guests shall be permitted to stay at the establishment for not more than ten (10)
consecutive days at a time.
(g) The applicant shall comply with all applicable city codes for fire, health and building
requirements and any applicable food service regulations and on-site sewage disposal requirements of the Snohomish health district. (h) If three (3) or more guest rooms are proposed, the applicant shall also meet state
requirements for a ―transient accommodation license,‖ as required by Chapter 70.62 RCW, as now
written or hereafter amended.
(i) Bed and breakfast houses shall be permitted where indicated by the permitted use
table for individual zones and within homes on the National or State Historic Register in any zone.
Marysville Municipal Code Title 22 UDC
Title 22C-137
Chapter 22C.220 MASTER PLANNED SENIOR COMMUNITIES
Sections:
22C.220.010 Intent and purpose. .................................................................. 137
22C.220.020 Applicability. ............................................................................ 137
22C.220.030 Master planned senior community – Site qualifications. ................. 137
22C.220.040 Permitted uses. ........................................................................ 138
22C.220.050 Procedures for review and approval. ........................................... 138
22C.220.060 Required elements of master planned senior community site plan and
application. .............................................................................. 139
22C.220.070 Affordability – Low-income housing units. .................................... 139
22C.220.080 Age requirements. .................................................................... 140
22C.220.090 Development regulations. .......................................................... 140
22C.220.100 Modification of development regulations. ..................................... 142
22C.220.010 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 for the development of 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.
22C.220.020 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.
22C.220.030 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 in this subsection, 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.
(3) The site must have close proximity to existing or planned services.
(4) The site shall be a minimum of 20 units, with at least 50 percent of all units in the community
being senior apartments/multifamily, assisted living or nursing home/convalescent care units or beds.
Marysville Municipal Code Title 22 UDC
Title 22C-138
22C.220.040 Permitted uses.
The following uses are permitted in master planned senior communities: (1) Age-restricted, independent housing, attached or detached.
(2) Age-restricted, independent apartments, townhomes or condos (multifamily 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.
22C.220.050 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(s) 22C.010 and
22C.020 MMC, and, when applicable, Chapter(s) 22G.090 and 22G.100 MMC, 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).
(b) Public Facilities. The community shall be served by adequate public facilities, including
streets, bicycle and pedestrian facilities, fire protection, water, storm water control, sanitary sewer,
and parks and recreation facilities.
(c) Perimeter Design. The perimeter of the master planned senior 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.
Marysville Municipal Code Title 22 UDC
Title 22C-139
22C.220.060 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;
(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 appurtenances;
(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.
22C.220.070 Affordability – Low-income housing units.
(1) Covenant and Duration. 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 percent of the total dwelling units developed shall be available at
affordable housing costs and occupied by low-income households, as defined by this chapter. 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 U.S. Department of Housing and Urban Development.‖
Marysville Municipal Code Title 22 UDC
Title 22C-140
(c) Rental housing units shall be permanently priced and occupied by households with a
total household income at or below 50 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 80 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.
22C.220.080 Age requirements.
At least one household member must be 55 years of age or older.
22C.220.090 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 22C.010.290 and MMC 22C.020.250.
(4) Building Design and Layout.
(a) Development of the site is subject to compliance with development standards outlined
in Chapter(s) 22C.010 and 22C.020 MMC.
(b) When a master planned senior 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 master planned senior community is located within, or adjacent to, commercial or multifamily zones and is or may be surrounded by traditional commercial or multifamily
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.
(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.
Marysville Municipal Code Title 22 UDC
Title 22C-141
(6) Architectural Style and Design Guidelines. Multifamily and nursing/assisted living facilities shall
comply with MMC 22C.010.290 and MMC 22C.020.250. Attached/detached single-family dwelling units shall comply with MMC 22C.010.310.
(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. Developments shall provide storage space and collection points for
solid waste and recyclables in accordance with Chapter 7.08 MMC, MMC 22C.010.370 and MMC
22C.020.320.
(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.
(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 MMC
22C.130.030. 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 two double-loaded parking aisles
(bays) adjacent to each other.
(f) Carports should provide no more than five 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 22C.130 MMC, Parking and Loading, 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 22C.120, Landscaping and Screening,
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.
(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 and one bedroom 90 square feet per unit 45 square feet per unit
Two bedroom 130 square feet per unit 65 square feet per unit
Marysville Municipal Code Title 22 UDC
Title 22C-142
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:
(i) 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.
(ii) 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.
(iii) On-site outdoor recreation space shall:
(A) Be of a grade and surface suitable for recreation;
(B) Be one continuous parcel if less than 3,000 square feet in size;
(C) Have no dimension less than 30 feet (except trail segments);
(D) Be situated and designed to be visible from adjacent buildings and uses on site; and (E) Be accessible and convenient to all residents within the development.
(iv) 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 subsection (13)(b)(iv) of this section.
(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.
22C.220.100 Modification of development regulations.
The city’s standard development regulations shall be modified for a master planned senior
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(s) 22C.010, 22C.020 MMC and/or Chapter
22G.080 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
(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 PRD 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.
Marysville Municipal Code Title 22 UDC
Title 22C-143
(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.
Marysville Municipal Code Title 22 UDC
Title 22C-144
Chapter 22C.230 MOBILE HOME PARKS
Sections:
22C.230.010 Purpose. .................................................................................. 144
22C.230.020 General requirements. .............................................................. 144
22C.230.030 Mobile/manufactured home park zone. ........................................ 144
22C.230.040 Procedures for review and approval. ........................................... 145
22C.230.050 Development standards. ............................................................ 146
22C.230.060 Required elements of site plans. ................................................. 146
22C.230.070 Design standards. ..................................................................... 147
22C.230.080 Park administration. .................................................................. 149
22C.230.090 Authority to issue permits for and inspect installations of
mobile/manufactured homes. ..................................................... 149
22C.230.100 Permits for mobile/manufactured homes. .................................... 149
22C.230.110 Permits for accessory structures. ................................................ 150
22C.230.120 Inspections. ............................................................................. 150
22C.230.130 Installation standards................................................................ 150
22C.230.140 Insignia requirement. ................................................................ 150
22C.230.150 Standards for existing parks. ..................................................... 151 22C.230.010 Purpose.
The purpose of this chapter shall be to ensure a suitable living environment for owners of
mobile/manufactured homes located within mobile/manufactured home parks. The following standards
and regulations are necessary for the health, safety, general welfare and convenience of the
inhabitants of the city of Marysville.
22C.230.020 General requirements.
(1) Mobile/manufactured homes shall be used for residential purposes only, except for limited
home occupations as provided for in Chapter 22C.190 MMC, and except in cases of temporary uses as
defined in Chapter 22C.110 MMC, subject to strict compliance with the requirements of said chapter.
(2) No space shall be rented for any purpose within a mobile/manufactured home park except for
a permanent residence.
(3) No person, company or corporation shall establish a new mobile/manufactured home park, or
enlarge the size of or increase the allowed density of an existing mobile/manufactured home park,
without first complying with the provisions of this chapter.
22C.230.030 Mobile/manufactured home park zone.
There is created a mobile/manufactured home park zone (MHP) which shall be construed as an overlay
classification which may be enacted for any area within the city zoned in the multiple-family
residential classification (R-12-R-28), or planned residential development classification (PRD 4.5-PRD
8).
(1) Purpose. The purposes of the MHP classification are:
(a) To provide a suitable living environment within a park-like atmosphere for persons
residing in mobile/manufactured homes;
(b) To encourage variety in housing styles within areas designated for other residential
development;
(c) To permit flexibility in the placement of mobile/manufactured homes on a site in order
to minimize costs associated with development of roads, utilities, walkways and parking facilities,
while providing adequate common and private open space.
(2) Permitted Uses. In the MHP zone the following uses are permitted:
(a) Mobile/manufactured home parks, subject to the requirements of this chapter;
(b) Mobile/manufactured homes, located only within an approved mobile/manufactured home park; (c) Accessory uses and structures as provided in MMC 22C.010.060 and MMC
22C.020.060;
(d) Recreational facilities located within and primarily for the use of residents of an
approved mobile/manufactured home park;
(e) Recreational vehicle and boat storage facilities located within and limited to use by
residents of an approved mobile/manufactured home park.
Marysville Municipal Code Title 22 UDC
Title 22C-145
22C.230.040 Procedures for review and approval. (1) Rezone. For an MHP overlay zoning classification to be enacted, all procedural requirements,
including filing fees specified in Title 22G MMC, shall be complied with in full.
(2) Conditional Use Permit. A mobile home park shall be allowed in a single-family residential zone
only upon approval of a PRD rezone and the issuance of a conditional use permit by the city. The
owner, operator and occupants of a mobile home park shall develop and use the park in strict
compliance with the conditions imposed by the permit. The agency issuing the permit shall maintain
continuing jurisdiction for the review and enforcement of said conditions.
(3) Preliminary Site Plan. A preliminary site plan meeting the requirements of MMC
22C.230.060(1) shall be submitted with all applications for MHP rezones. Said site plan shall be
subject to review, modification, approval or denial by the city council as an integral part of the MHP
rezone process. There shall be no clearing, grading, construction or other development activities
commenced on an approved mobile/manufactured home park until a preliminary site plan is upgraded
to a binding site plan, and the same is approved and filed.
(4) Final Site Plan. Following final approval by the city council of an MHP rezone, but before
development activities commence on the property, the owner shall submit a final site plan meeting the
requirements of MMC 22C.230.060(2). The city staff shall review the final site plan to determine
whether it conforms to the approved preliminary site plan, the MHP rezone, and applicable state laws and city ordinances which were in effect at the time of the rezone approval. Upon such conformity being found the final site plan shall be signed by the community development director. An approved
final site plan shall constitute an integral part of an MHP zoning overlay, and shall be binding upon the
owner of the property, its successors and assigns. All development within a mobile/manufactured
home park shall be consistent with the final site plan.
(5) Subdivision Exemption. If a mobile/manufactured home park remains completely under single
ownership or control, including ownership by a condominium association, compliance with an approved
MHP rezone and final site plan shall preclude the necessity to plat the park or comply with any
subdivision laws or ordinances.
(6) Amendment of Final Site Plan. An approved final site plan may be modified or amended at the
request of the applicant upon receiving administrative approval by the community development
director; provided, that if said modification or amendment affects the external impacts of the
mobile/manufactured home park, or is determined by the community development director to be
substantial in nature, then such modification or amendment shall be resubmitted to the hearing
examiner and city council as a rezone application pursuant to Chapter 22G.010 MMC Article VI Land
Use Application – Decision Criteria. (7) Duration of Approval. An MHP rezone and the final site plan which is an integral part thereof
shall be effective for three years from the date of approval of the rezone by the city council. An
applicant who files a written request with the city council at least 30 days before the expiration of said
approval period shall be granted a one-year extension upon a showing that the applicant has
attempted in good faith to progress with the development of the park. During the approval period all
improvements required by the final site plan shall be completed or bonded. Bonding shall conform to
the bonding requirements for plats specified in Chapter 22G.040 MMC.
(8) Completion Prior to Occupancy. All required improvements and other conditions of the MHP
rezone and final site plan approval shall be met prior to occupancy of any site by a
mobile/manufactured home; provided, that completion may be accomplished by phases if approved by
the community development director and security for performance in accordance with the provisions
of Chapter 22G.040 MMC and acceptable to the community development director is received by the
city. The community development director may also require security for maintenance for a period of
up to five years in accordance with the provisions of Chapter 22G.040 MMC.
(9) Compliance. Any use of land which requires an MHP rezone and final site plan approval, as
provided in this chapter, and for which such review and approval is not obtained, or which fails to
conform to an approved MHP rezone and final site plan, constitutes a violation of this title. (10) Health District Approval. Prior to occupancy of a mobile/manufactured home park, the owner shall obtain a permit from the Snohomish health district and comply with all rules, regulations and
requirements of said district. Said permit must be kept current at all times, subject to the park being
closed. The rules, regulations and requirements of the health district shall be construed as being
supplements to the provisions of this chapter.
Marysville Municipal Code Title 22 UDC
Title 22C-146
22C.230.050 Development standards.
The purpose of this section is to establish minimum development standards for mobile/manufactured home parks.
(1) Density. The number of mobile/manufactured homes permitted in a mobile/manufactured
home park shall not exceed eight (8) units per gross acre. In rezoning property to MHP, the city may
limit density further to ensure compatibility with the surrounding residential area.
(2) Site Area. The minimum site area of a mobile/manufactured home park shall be three (3)
acres. Except as otherwise provided in subsection (3) of this section, the maximum site area of a
mobile/manufactured home park, or combination of adjacent parks, shall be fifteen (15) acres. Parks
shall be considered to be ―adjacent‖ to one another unless they are separated by an unrelated land
use, and not merely by a public or private street, easement or buffer strip.
(3) Annexations/Phased Developments. For mobile home parks which have been proposed
and approved by Snohomish County for a phased development, as a condition of any final annexation
ordinance approving annexation of such mobile home park into the city, the city may authorize such
phased mobile home park to exceed the 15-acre maximum set forth in subsection (2) of this section.
In cases where greater than 50 percent of the phased development has been constructed prior to
annexation, the city may authorize construction of private roadways and storm drainage systems
which match those previously constructed to county standards. In such cases, maintenance of such
private roadways and storm drainage systems shall be the responsibility of the owner of the mobile home.
22C.230.060 Required elements of site plans.
All new mobile/manufactured home parks, or expansions to or increases in density of existing
parks, shall be subject to site plan approval, as provided above. The site plan shall be accurately
drawn at a scale of not less than one (1) inch for each forty (40) feet and shall include, at a minimum,
the following:
(1) Preliminary Site Plan.
(a) The title and location of the proposed park, together with the names, addresses,
telephone numbers and e-mail addresses of the owners of record of the land, and if applicable, the
names, addresses, telephone numbers and e-mail addresses of any architect, planner, designer or
engineer responsible for the preparation of the plan, and of any authorized representative of the
applicant;
(b) Area of the site;
(c) Project staging or phases, if any;
(d) The number of mobile/manufactured homes to be accommodated; (e) A vicinity map at a minimum scale of two (2) inches for each mile, showing sufficient
area and detail to clearly locate the project in relation to arterial streets, natural features, landmarks
and municipal boundaries;
(f) The location, identification and dimensions of all property lines, streets, alleys and
easements. Indicate the condition of all public rights-of-way;
(g) The location of all existing and proposed structures, including but not limited to
buildings, fences, culverts, bridges, roads and streets;
(h) The proposed location of all mobile/manufactured homes and accessory structures
with setback requirements and lot coverage limitations;
(i) The location of all proposed open space, buffer strips and landscaped areas, showing
existing trees and plant materials to be preserved, and conceptual plantings, berms and other features
which are proposed;
(j) The location and intended use of outdoor storage areas;
(k) The location and intended use of recreational areas and facilities;
(l) Such additional detail as a city staff reasonably requires.
(2) Final Site Plan.
(a) All elements of the preliminary site plan, as approved by the city council; (b) Original and proposed topography at maximum five-foot contour intervals, and preservation measures for fill and cut slopes;
(c) Typical cross-sections of all proposed internal circulation streets;
(d) 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 canalization and type of surfaces;
(e) The location, size and type of all proposed signs;
Marysville Municipal Code Title 22 UDC
Title 22C-147
(f) The location, type and wattage of all outdoor lighting with typical standards illustrated;
(g) The location of all water mains, valves and fire hydrants; (h) The location of all sewer mains, laterals, manholes, pump stations, and other
appurtenances;
(i) The location of all stormwater drainage facilities, retention/detention ponds, and
oil/water separators;
(j) A certificate of approval prepared for the signature of the community development
director.
22C.230.070 Design standards.
The purpose of this section is to establish minimum standards for mobile/manufactured home
parks.
(1) Lot Coverage. All structures and buildings, including mobile homes and outbuildings, and any
carports, decks or stairways attached thereto, and all impervious surfaces such as paved driveways,
parking areas, sidewalks and patios, shall not cumulatively cover more than sixty percent (60%) of
the total area of an individual mobile/manufactured home lot; provided, that patios, decks and
sidewalks shall not be included in said sixty percent (60%) calculation if a lot is landscaped, on a
permanent basis, in a way which emphasizes the appearance of natural vegetation.
(2) Yard Requirements. All mobile/manufactured homes, together with their additions and appurtenant structures, accessory structures and other structures on the site (excluding fences), shall observe the following setbacks (excluding any hitch or towing fixture) which supersede the standards
of the underlying zoning district:
(a) Park roads: not less than twenty (20) feet from the centerline of right-of-way, and in
no case less than five (5) feet from the paved, surfaced edge;
(b) Exterior site boundary not abutting an off-site public right-of-way: not less
than fifteen (15) feet from the property line;
(c) Exterior site boundary, abutting an off-site public right-of-way: one-half of
right-of-way plus twenty (20) feet, measured from centerline;
(d) Side yard setback: all mobile/manufactured homes, together with their habitable
additions, but excluding open porches and carports, shall be set back not less than three (3) feet from
side yard property lines.
(3) Height. No building or structure and no accessory building or structure shall exceed a height
of thirty (30) feet.
(4) Structure Separations. A minimum ten (10) foot separation shall be maintained between all
mobile/manufactured homes, together with their habitable additions, and other mobile/manufactured homes. One-hour fire resistant accessory structures and/or service buildings shall maintain a
minimum three (3) foot separation from adjacent mobile homes. Non-fire-rated accessory structures
and/or service buildings shall maintain a minimum six (6) foot separation between themselves and
mobile homes, except that carports may abut the unit to which they are an accessory use.
(5) Accessory Structures. Buildings or structures accessory to individual mobile/manufactured
homes are permitted; provided, that the total developed coverage of the space shall not exceed the
maximum lot coverage requirements.
Buildings or structures accessory to the mobile/manufactured home park as a whole, and
intended for the use of the park occupants, are permitted, provided the building area does not exceed
fifty percent (50%) of the common open space.
(6) Access and Circulation. The layout and general development plan for major and minor
access streets and driveways within the mobile/manufactured home park, together with the location
and dimensions of access junctions with existing public streets and rights-of-way, shall be approved
by the city engineer.
(a) Right-of-Way. All interior park roads shall be constructed within a right-of-way which
shall be sufficient to construct and maintain the roadway plus a provision for utilities, but in no case
shall be less than thirty (30) feet in width. (b) Pavement Width. Park roads shall have a minimum paved width of thirty (30) feet, including the area improved with curbs and gutters. Cul-de-sac turnarounds shall have a minimum
paved diameter of seventy (70) feet.
(c) Public/Private Streets. The city engineer shall determine whether the streets within
a park shall be public or private. If the streets are to be public they shall be constructed to public
street standards.
Marysville Municipal Code Title 22 UDC
Title 22C-148
(d) Roadway Surface. All access roadways and service drives shall be bituminous
surfacing or better and at a surface depth classified by the city engineer. (e) Curbs and Gutters. Rolled curbs and gutters shall be constructed on both sides of all
interior park roadways.
(f) External Access Points. External access to the park shall be limited to not more
than one driveway from a public street for each two-hundred (200) feet of frontage.
(7) Parking Requirements. At least two (2) off-street parking spaces, located adjacent to each
respective mobile/manufactured home, shall be provided for each such unit and shall be hard
surfaced. In addition to occupant parking, guest and service parking shall be provided within the
boundaries of the park at a ratio of one (1) parking space for each four (4) mobile/manufactured
home lots, and shall be distributed for convenient access to all lots and may be provided by a parking
lane and/or separate parking areas. Clubhouse and community building parking facilities may account
for up to fifty percent (50%) of this requirement.
The front and side yard setbacks for mobile/manufactured home units shall not be calculated
for purposes of meeting the minimum parking requirements. All off-street parking spaces shall have a
minimum dimension of ten (10) feet by twenty (20) feet.
(8) Utility Requirements. All mobile/manufactured home parks shall provide permanent
electrical, water and sewage disposal connections to each mobile/manufactured home in accordance
with applicable state and local rules and regulations. All sewage and waste water from toilets, urinals, slop sinks, bathtubs, showers, lavatories, laundries, and all other sanitary fixtures in a park shall be drained into a public sewage collection
system.
All water, sewer, electrical and communication service lines shall be underground and shall be
approved by the agency or jurisdiction providing the service. Gas shut-off valves, meters and
regulators shall not be located beneath mobile/manufactured homes.
(9) Open Space/Recreational Facilities. A minimum of ten percent (10%) of the site shall be
set aside and maintained as open space for the recreational use of park occupants. Such space and
location shall be accessible and usable by all residents of the park for passive or active recreation.
Parking spaces, driveways, access streets and storage areas are not considered to be usable open
space.
The percentage requirement may be reduced if substantial and appropriate recreational
facilities (such as recreational buildings, swimming pool, or tennis courts are provided.
The area shall be exclusive of the required perimeter buffer, centrally located, and of such
grade and surface to be suitable for active recreation.
(10) Sidewalks/Walkways. The park shall contain pedestrian walkways to and from all service and recreational facilities. Such walkways shall be adequately surfaced and lit. A portion of the
roadway surface may be reserved for walkways; provided, that the same are marked and striped; and
provided, that the roadway width is widened accordingly. Walkways shall be a minimum width of five
(5) feet.
(11) Lighting. Outdoor lighting shall be provided to adequately illuminate internal streets and
pedestrian walkways. Lights shall be sized and directed to avoid adverse impact on adjacent
properties.
(12) Storm Drainage. Storm drainage control facilities shall be subject to approval by the city
engineer, and shall comply with the city’s storm sewer code.
(13) Landscaping/Screening. The park shall provide visual screening and landscaping as
required in perimeter setback areas and open space. Landscaping may consist of suitable
groundcover, shrubs and trees; provided, that they are installed prior to the first occupancy of the
park, and are of such species and size as would normally fulfill a screening function within five (5)
years of being planted. Site development shall be sensitive to the preservation of existing vegetation.
All trees, flowers, lawns and other landscaping features shall be maintained by the park management
in a healthy, growing condition at all times.
The following minimum requirements for landscaping and screening shall apply: (a) Along the exterior site boundary, a minimum ten (10) foot wide screen landscaped to the L1 standards shall be provided (see Chapter 22C.120 MMC, Landscaping and Screening).;
(b) Where abutting a major arterial, a minimum of twenty (20) foot wide screen
landscaped to the L1 standards, shall be provided (see Chapter 22C.120 MMC, Landscaping and
Screening); provided, that a minimum ten (10) foot strip may be considered sufficient when it can be
demonstrated that with earth sculpturing and recontouring, or a sight-obscuring fence, the
development is buffered sufficiently;
Marysville Municipal Code Title 22 UDC
Title 22C-149
(c) Perimeters of common parking areas shall be landscaped with a minimum five (5) foot
screen landscaped to the L3 standards (see Chapter 22C.120 MMC, Landscaping and Screening). (d) Bulk storage and parking areas shall be landscaped with a minimum five (5) foot
screen landscaped to the L2 standards (see Chapter 22C.120 MMC, Landscaping and Screening).
(14) Signs. Signs and advertising devices shall be prohibited in a mobile/manufactured home park
except:
(a) One identifying sign at each entrance of the park which may be indirectly lit, but not
flashing. Said sign shall comply with Chapter 22C.160 MMC;
(b) Directional and informational signs for the convenience of tenants and the public
relative to parking, office, traffic movement, etc, shall comply with Chapter 22C.160 MMC.
(15) Storage.
(a) The owner of a mobile/manufactured home park shall provide, or shall require its
tenants to provide, adequate indoor tenant storage facilities which are conveniently located near each
mobile/manufactured home lot for the storage of household items and equipment. There shall be no
outside storage of such items and equipment.
(b) Bulk storage and parking areas for boats, campers, travel trailers, recreational
vehicles, trucks, snowmobiles, motorcycles and other seldom or seasonally used recreational
equipment shall be provided within the park. A minimum of three-hundred (300) square feet of space,
exclusive of driveways, shall be provided for every ten (10) mobile/manufactured homes. Bulk storage and parking areas shall be separated from other parking facilities and shall be provided with some means of security. The requirements of this subsection may be waived by the city when the park
developer agrees to prohibit the storage of such items within the park. All bulk storage and parking
areas shall be hard surfaced with asphaltic concrete, or crushed gravel, if approved by the City
Engineer. Crushed gravel bulk storage and parking areas, if approved by the City Engineer, shall be
surface with no less than three (3) inches of crushed gravel and maintained in a dust-free condition.
22C.230.080 Park administration.
(1) The owner of a mobile/manufactured home park shall be responsible for the development and
maintenance of the park in strict conformity with the MHP rezone, the binding site plan, and all
applicable laws and ordinances. The Marysville Community Development Department shall have
jurisdiction over the owner in the event litigation is commenced by the city to enforce such
compliance.
(2) A mobile/manufactured home park shall have internal rules and regulations governing, at a
minimum, the following:
(a) A requirement that all tenants comply with city inspection codes at the time a mobile/manufactured home is installed or modified;
(b) A requirement that all tenants comply with city zoning code restrictions relating to the
use of their mobile/manufactured home and lot;
(c) A requirement that all landscaping, buffer areas, recreational areas and facilities,
storage areas, streets, walkways and other common areas and facilities be continuously maintained to
at least the minimum standard required by the city and approved by the community development
director at the time of initial occupancy.
(3) A mobile/manufactured home park shall have a resident manager who shall be the agent of
the owner with authority to communicate directly with the city officials regarding compliance with city
codes and requirements, and who shall be responsible for the enforcement of park rules and
regulations.
22C.230.090 Authority to issue permits for and inspect installations of
mobile/manufactured homes.
The city of Marysville assumes responsibility for issuing permits, conducting inspections, and enforcing
federal, state and local standards for the installation of mobile/manufactured homes. Said function
shall be performed by the city building official. 22C.230.100 Permits for mobile/manufactured homes.
(1) Prior to the location, relocation, establishment or occupancy of any mobile/manufactured
home, the mobile/manufactured home owner or authorized representative shall obtain a permit from
the city building department. Application for the permit shall be made on forms prescribed and
furnished by the department.
Marysville Municipal Code Title 22 UDC
Title 22C-150
(2) No person, firm, partnership, corporation or other entity may install a mobile home unless he,
she or it owns the mobile home, is a licensed mobile home dealer, or is a contractor registered under Chapter 18.27 RCW.
(3) Permit fees:
(a) Single-wide: $200.00
(b) Double-wide: $300.00
(c) State Building Code Council Surcharge (SBCC Fee): $4.50
Where a mobile/manufactured home is established as a residence without a permit as required herein,
the fee shall be doubled; but the payment of such doubled fee shall not relieve any person from fully
complying with all the requirements of this chapter, nor from any other penalties prescribed herein.
(4) Each permit issued by the building department for a mobile/manufactured home shall be valid
until the mobile/manufactured home is moved to another location, whether on the same or different
property.
22C.230.110 Permits for accessory structures.
Building permits shall be required pursuant to Chapter 16.04 MMC for all accessory structures on a
mobile/manufactured home lot, including awnings, porches, steps, decks, storage sheds and carports.
22C.230.120 Inspections. (1) No person may occupy or allow or suffer another person to occupy a mobile/manufactured home before the installation of the same has been inspected and approved by the city building official.
(2) The installer shall request an inspection after all aspects of the installation, other than
installation of the foundation facia, have been completed. The building official will inspect the
installation within five (5) business days after he receives the request. If the inspection is not
completed within five (5) business days, the tenant or owner may occupy the mobile/manufactured
home at his or her own risk. Occupancy before inspection does not imply city approval.
(3) The building official shall approve the installation of a mobile/manufactured home, and allow
the same to be occupied, if the installation complies with the installation requirements of this chapter
and the conditions of the permit. If the installation does not so comply, the building official shall
provide the installer with a list of corrections that the installer must make. The list of corrections shall
state a date by which the corrections must be completed. The building official shall re-inspect the
installation after the corrections are completed. If the items that require correction do not endanger
the health or safety of the occupants, or substantially affect the habitability of the
mobile/manufactured home, the building official may permit the owner of the home to occupy it.
22C.230.130 Installation standards.
The city adopts and incorporates herein by reference all installation standards and all
inspection and enforcement rules relating to mobile/manufactured homes, as now or hereafter
specified in Title 296 WAC. Said standards relate to site preparation, foundation system footings,
foundation system piers, foundation system plates and shims, foundation facia, anchoring systems,
and on-site assembly of units. The same shall be administered and enforced by the city building
official.
22C.230.140 Insignia requirement.
All mobile/manufactured homes to be located within the city of Marysville that do not bear an
insignia of approval from the Washington State Department of Labor and Industries, or the U.S.
Department of Housing and Urban Development, and for which the owner can demonstrate proof that
the home was located within the city of Marysville prior to January 1, 1982, shall, to the extent
feasible, be inspected by the city building official, following payment of all applicable fees, for the
following livability and health-safety criteria before relocating:
(1) The home must have safe, operable heating facilities.
(2) The home must be equipped with a water lavatory, bathtub or shower, kitchen sink; be provided with hot and cold running water; and all facilities shall be installed and maintained in a safe and sanitary condition.
(3) All electrical service-entrance conductors, service equipment, switches, lighting outlets, power
outlets and appliances shall be maintained in a safe manner.
(4) The home must be weather protected so as to provide shelter for the occupants against the
elements and to exclude dampness.
Marysville Municipal Code Title 22 UDC
Title 22C-151
(5) All openable windows and doors must be in openable condition to provide for adequate natural
ventilation and emergency exit. (6) An operable smoke detector shall be installed within the home.
(7) The home shall be structurally sound with no apparent hazardous conditions in the floors,
walls, ceilings and roofs.
(8) The home shall be well maintained, free of debris and infestations of insects, vermin or
rodents.
(9) The inspection form shall include a statement that inspection does not constitute a warranty
that the home is safe or livable.
22C.230.150 Standards for existing parks.
(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 and off-street parking in effect at
the time they were approved;
(2) Placement of new accessory structures and replacement mobile homes, either standard or
nonstandard, in these mobile home parks shall be governed by the dimensional standards in effect
when the parks were approved. Where internal setbacks are not specified, the setback standards
outlined in the International Building Codes (IBC), International Residential Codes (IRC) and the
International Fire Codes (IFC) shall apply; (3) Recreational 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 22C.230.050 through 22C.230.070;
(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 of new accessory structures and replacement mobile homes shall comply with
Chapter 22E.010 MMC, Critical Areas Management.
Marysville Municipal Code Title 22 UDC
Title 22C-152
Chapter 22C.240 RECREATIONAL VEHICLE PARKS
Sections:
22C.240.010 Purpose. .................................................................................. 152
22C.240.020 General requirements. .............................................................. 152
22C.240.030 Criteria for locating a recreational vehicle park. ............................ 152
22C.240.040 Conditional use permit required. ................................................. 153
22C.240.050 Health district approval required. ................................................ 153
22C.240.060 Final site plan. ......................................................................... 153
22C.240.070 Completion prior to occupancy – Phasing. .................................... 153
22C.240.080 Design standards. ..................................................................... 153
22C.240.090 Accessory uses. ........................................................................ 154
22C.240.100 Park administration. .................................................................. 155
22C.240.010 Purpose.
The purpose of this chapter shall be to ensure that recreational vehicle parks are located,
developed and occupied in accordance with standards and regulations which will protect the health,
safety, general welfare and convenience of the occupants of such parks and the citizens of the city of
Marysville. 22C.240.020 General requirements.
(1) No recreational vehicle shall be occupied overnight unless the same is parked inside an
approved recreational vehicle park. An exception to this rule may be granted for temporary uses as
defined in Chapter 22C.110 MMC, subject to strict compliance with the requirements of said section.
(2) No recreational vehicle shall be occupied for commercial purposes anywhere in the city of
Marysville. An exception to this rule may be granted for temporary uses as defined in Chapter 22C.110
MMC, subject to strict compliance with the requirements of said section.
(3) No recreational vehicle shall be used as a permanent place of abode, or dwelling, for indefinite
periods of time. Occupancy in a park for more than 180 days in any 12-month period shall be
conclusively deemed to be permanent occupancy. Any action toward removal of wheels of a
recreational vehicle, except for temporary purposes of repair; or placement of the unit on a
foundation, is hereby prohibited.
(4) No external appurtenances, such as carports, cabanas or patios, may be attached to any
recreational vehicle while it is in a park.
(5) No space within a recreational vehicle park shall be rented for any purpose other than those expressly allowed by this chapter.
(6) No person, company or corporation shall establish or modify a recreational vehicle park
without first complying with the provisions of this chapter.
22C.240.030 Criteria for locating a recreational vehicle park.
Recreational vehicle parks may only be established on property within the city of Marysville
which meets the following criteria:
(1) Recreational vehicle parks shall be allowed in all zones of the city except single-family and
multiple-family residential zones.
(2) The minimum site area of a park shall be ten (10) acres. The maximum site area of a park, or
combination of adjacent parks, shall be fifteen (15) acres. Parks shall be considered to be ―adjacent‖
to one another unless they are separated by an unrelated land use, and not merely by a public or
private street, easement or buffer strip.
(3) After development, the conditions of the soil, groundwater level, drainage, and topography
shall not create hazards to the property or to the health or safety of the occupants.
(4) Property under the jurisdiction of the Shoreline Management Act shall be excluded from
development of recreational vehicle parks if it is designated as being in the natural environment. (5) Parks shall be located with direct access to a major arterial or state highway and with appropriate frontage thereon to permit appropriate design of entrances and exits. No entrance or exit
from a park shall be permitted through a residential district, nor require movement of traffic from the
park through a residential district.
Marysville Municipal Code Title 22 UDC
Title 22C-153
22C.240.040 Conditional use permit required.
A recreational vehicle park shall be allowed only upon the issuance of a conditional use permit by the hearing examiner and city council. The owner, operator and occupants of a recreational vehicle
park shall develop and use the park in strict compliance with the conditions imposed by the permit.
The agency issuing the permit shall maintain continuing jurisdiction for the review and enforcement of
said conditions.
22C.240.050 Health district approval required.
Prior to occupancy of a recreational vehicle park, the owner shall obtain a permit from the
Snohomish Health District and comply with all rules, regulations and requirements of said district. Said
permit must be kept current at all times, subject to the park being closed. The rules, regulations and
requirements of the health district shall be construed as being supplements to the provisions of this
chapter.
22C.240.060 Final site plan.
A site plan shall be submitted with all applications for a recreational vehicle park. Said site
plan shall be subject to review, modification, approval or denial by the agency issuing the permit. An
approved final site plan shall constitute an integral part of the permit for the recreational vehicle park,
and shall be binding upon the owner of the property, its successors and assigns. All development within the recreational vehicle park shall be consistent with the final site plan. Such plans may be modified or amended at the request of an owner upon receiving administrative approval by the
community development director; provided, that if said modification or amendment affects the
external impacts of the recreational vehicle park, or is determined by the community development
director to be substantial in nature, then such modification or amendment shall be resubmitted to the
hearing examiner as a conditional use permit application pursuant to MMC 22G.010.340.
22C.240.070 Completion prior to occupancy – Phasing.
All required site improvements and other conditions of the permit and final site plan shall be met prior
to occupancy of any site by a recreational vehicle; provided, that completion may be accomplished by
phases if approved by the community development director and security for performance in
accordance with the provisions of Chapter 22G.040 MMC and acceptable to the community
development director is received by the city. The community development director may also require
security for maintenance for a period up to five years in accordance with the provisions of Chapter
22G.040 MMC.
22C.240.080 Design standards.
The purpose of this section is to establish minimum design standards for recreational vehicle
parks.
(1) Density. The number of recreational vehicles permitted in a park shall not exceed a density of
twenty (20) units per gross acre. The agency issuing the permit may limit density further to ensure
compatibility with the surrounding areas.
(2) Campsite Size. Each individual recreational vehicle site shall be not less than eight-hundred
(800) square feet in size.
(3) Access Points. Entrances and exits to the park shall be designed for safe and convenient
movement of traffic into and out of the park and to minimize friction with free movement of traffic on
adjacent streets. All traffic into and out of the park shall be through such entrances and exits. No
entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended,
and radii of curbs and pavements at intersections shall be such as to facilitate easy turning
movements for vehicles with trailers attached. No material impediment to visibility shall be created or
maintained which obscures the view of an approaching driver in the right lane of the street within one-
hundred (100) feet of the intersection with the park entrance.
(4) Parking. At least one (1) parking space shall be provided on each site. At least one parking space for each twenty (20) sites shall be provided for visitor parking in the park. (5) Internal Park Roads. All internal park roads shall be privately owned and maintained. They
shall be constructed to all-weather standards, as approved by the city engineer. Park roads shall have
a minimum improved width as follows:
(a) One-way road no parking, eleven (11) feet;
(b) One-way road with parking on one side, or two-way road with no parking, eighteen
(18) feet;
Marysville Municipal Code Title 22 UDC
Title 22C-154
(c) Two-way road with parking on one side, twenty-seven (27) feet;
(d) Two-way road with parking on both sides, thirty-four (34) feet. (6) Open Space/Recreational Facilities. A minimum of twenty (20) percent of the site shall be
set aside and maintained as open space for the recreational use of park occupants. Such space and
location shall be accessible and usable by all residents of the park for passive or active recreation.
Parking spaces, driveways, access streets, and storage areas are not considered to be usable open
space. The percentage requirement may be reduced if substantial and appropriate recreational
facilities (such as recreational buildings, swimming pool or tennis courts) are provided.
(7) Setbacks. No recreational vehicle site shall be closer than thirty-five (35) feet from any
exterior park property line abutting upon a major arterial, shoreline, or residential zone, or twenty
(20) feet from any other exterior park property line. Permanent structures within a park shall have
minimum front and rear yards of twenty (20) feet each, and minimum side yards of ten (10) feet
each.
(8) Landscaping/Screening.
(a) The park shall provide visual screening and landscaping as required in perimeter
setback areas and open space. Landscaping may consist of suitable groundcover, shrubs and trees;
provided, that they are installed prior to the first occupancy of the park and are of such species and
size as would normally fulfill a screening function within five years of being planted. Site development
shall be sensitive to the preservation of existing vegetation; (b) Along the exterior site boundary, a minimum twenty (20) foot wide screen landscaped to the L1 standards shall be provided (see Chapter 22C.120 MMC, Landscaping and Screening). It
shall be designed and maintained to be aesthetically pleasing, and functional for site screening and
noise buffering;
(c) Where needed to enhance aesthetics or to ensure public safety, recreational vehicle
parks shall be enclosed by a fence, wall, earth mound or by other designs which will complement the
landscape and assure compatibility with the adjacent environment;
(d) All trees, flowers, lawns and other landscaping features shall be maintained by the
park management in a healthy growing condition at all times.
(9) Signs. Signs and advertising devices shall be prohibited in recreational vehicle parks except:
(a) If the park is visible from Interstate 5, one on-site identification sign complying with
the standards of the State Highway Signage Code;
(b) One identifying sign at each entrance of the park which may be indirectly lit, but not
flashing. Said sign shall comply with Chapter 22C.160 MMC;
(c) Directional and information signs for the convenience of occupants of the park in
compliance with Chapter 22C.160 MMC. (10) Utilities. Electricity shall be provided to each recreational vehicle site. All utility lines in the
park shall be underground and shall be approved by the agency or jurisdiction providing the service.
(11) Storm Drainage. Storm drainage control facilities shall be subject to approval by the city
engineer and shall comply with the city’s storm sewer code.
(12) Public Facilities. Recreational vehicle parks shall provide the following public facilities in such
quantity, size and location as is approved by the agency issuing the conditional use permit:
(a) A water distribution system connected to the city’s water utility;
(b) A water station for filling recreational vehicle water storage tanks;
(c) Restroom facilities containing showers and toilets connected to the city’s sewer utility,
the minimum number of which shall be one commode and one (1) shower for each twenty (20)
recreational vehicle sites;
(d) A sanitary waste station for emptying sewage holding tanks of recreational vehicles;
(e) Refuse containers for solid waste in adequate quantity shall be rented from and
serviced by the city of Marysville garbage utility. Park garbage shall be picked up daily by park
personnel, who shall also maintain the park free of any uncontrolled garbage.
22C.240.090 Accessory uses. Management headquarters, recreational facilities, restrooms, dumping stations, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to operation of a
recreational vehicle park are permitted as accessory uses to the park. In addition, grocery stores and
convenience shops shall be permitted as accessory uses in the discretion of the agency issuing the
conditional use permit, subject to the following restrictions:
(1) Such establishments and the parking areas primarily related to their operations shall not
occupy more than five percent (5%) of the gross area of the park.
Marysville Municipal Code Title 22 UDC
Title 22C-155
(2) Such establishments shall present no visible evidence from any street outside the park of their
commercial character which would attract customers other than occupants of the park. (3) The structures housing such facilities shall not be located closer than fifty (50) feet to any
public street and shall not be directly accessible from any public street, but shall be accessible only
from a street within the park.
22C.240.100 Park administration.
(1) The owner of a recreational vehicle park shall be responsible for the development and
maintenance of the park in strict conformity with the binding site plan, the conditional use permit, and
all applicable laws and ordinances. Each park shall have an on-site manager available twenty-four (24)
hours per day, seven (7) days per week.
(2) A written management plan shall be submitted for approval as a part of the conditional use
permit process. It shall include, at a minimum, the proposed management structure, proposed park
rules and regulations, and proposed methods to enforce occupancy limitations and other requirements
of this chapter.
Marysville Municipal Code Title 22 UDC
Title 22C-156
Chapter 22C.250 WIRELESS COMMUNICATION FACILITIES
Sections:
22C.250.010 Purpose. .................................................................................. 156
22C.250.020 Applicability. ............................................................................ 156
22C.250.030 Exemptions from land use review. .............................................. 156
22C.250.040 Permit required. ....................................................................... 157
22C.250.050 Application requirements. .......................................................... 157
22C.250.060 Siting hierarchy. ....................................................................... 158
22C.250.070 General requirements. .............................................................. 159
22C.250.080 Design standards. ..................................................................... 161
22C.250.090 Technical evaluation. ................................................................ 162
22C.250.100 Interference. ............................................................................ 162
22C.250.110 Cessation of use. ...................................................................... 163
22C.250.120 Amateur radio antennas. ........................................................... 163
22C.250.010 Purpose.
The purpose of this chapter is to:
(1) Establish clear regulations for the siting and design of wireless communication facilities consistent with federal regulations. (2) Promote the health, safety, and general welfare of the public by regulating the siting of WCFs.
(3) Minimize impacts of WCFs on surrounding areas by establishing standards for location,
structural integrity, and compatibility.
(4) Encourage the location and co-location of wireless communication equipment on existing
structures.
(5) Minimize visual, aesthetic, public safety, and environmental and wildlife effects.
(6) Accommodate the growing need and demand for wireless communication services.
(7) Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as
not to unreasonably discriminate between providers of functionally equivalent personal wireless
services or to prohibit or have the effect of prohibiting personal wireless services.
(8) Encourage orderly development in a preferred hierarchy using concealed technologies.
22C.250.020 Applicability.
(1) If a conflict arises between this chapter and the provisions of another chapter regarding
wireless communication facilities, this chapter shall govern. (2) Facilities regulated by this chapter include the construction, modification, and placement of all
WCFs, FCC-regulated amateur radio antennas, dish antennas, and any antennas used for MMDS or
wireless cable, and wireless service facilities (i.e., cellular phone service, PCS – personal
communication services, wireless paging services, wireless Internet services, etc.). Wireless services
shall be subject to the following regulations to the extent that such requirements:
(a) Do not unreasonably discriminate among providers of functionally equivalent services;
(b) Do not have the effect of prohibiting personal wireless services within the city of
Marysville.
22C.250.030 Exemptions from land use review.
The following are exempt from the provisions of this chapter:
(1) Amateur radio antenna operated by a federally licensed amateur radio operator as part of the
amateur or business radio service are exempt from the provisions of this chapter except MMC
22C.250.040 and 22C.250.120.
(2) Citizen band or two-way radio antenna including any mast.
(3) Satellite earth stations (satellite dishes) that are one meter (39.37 inches) or less in diameter
in all residential districts and two meters or less in all other zoning districts and which are not greater than 20 feet above grade in residential districts and 35 feet above grade in all other zoning districts. (4) A temporary commercial wireless communications facility, for the purposes of providing
coverage of a special event such as news coverage or sporting event, subject to approval by the city,
except that such facility must comply with all federal and state requirements. Said wireless
communications facility may be exempt from the provisions of this chapter up to one week prior and
one week after the special event.
Marysville Municipal Code Title 22 UDC
Title 22C-157
(5) In the event a building permit is required for any emergency repair, notification in writing to
the director of community development shall occur within 24 hours of identification of the needed repair, and filing of the building permit application shall be done in compliance with the city’s adopted
building code. (In the event a building permit is required for nonemergency maintenance,
reconstruction, repair or replacement, filing of the building permit application shall be required prior to
the commencement of such nonemergency activities.)
(6) Antenna modifications, provided there is no increase in the height of the antenna support
structure; and provided, that the size of the replaced antennas is not increased.
22C.250.040 Permit required.
The following table summarizes the types of proposal and required land use approvals. All
proposals are subject to the siting hierarchy requirements of this chapter.
Concealed
Attached
WCF
WCF
Consolidation
Concealed
Co-location
Flush- or Nonflush-
Mounted Antenna on
Existing Antenna Support Structure
New Concealed
Antenna Support
Structure
Combined on
Existing WCF
Amateur
Radio
Antennas
P1, 3 C C P1 C P1 C C P1 C P2
P – Permitted Use. The use is allowed subject to the requirements of the code.
C – Conditional Use Permit. The use is allowed subject to the conditional use review procedures and requirements of the code.
Notes:
1. If the proposal does not extend the height of a structure outside the public right-of-way by more than 40 feet, the structure is in compliance with the maximum allowed WCF height for
the zone, and it is demonstrated that the proposal is consistent with any previous relevant
approval conditions.
2. Amateur radio antennas are permitted subject to MMC 22C.250.120.
3. Concealed attached WCFs proposed within the public right-of-way are subject to MMC
22C.250.070(3).
22C.250.050 Application requirements. In addition to any information required for CUP, ROW permit, or building permit review, an application for new WCFs or modifications to WCFs that require city approval shall provide the
following information:
(1) A site plan showing existing and proposed WCFs, access, base station, ancillary structures,
warning signs, fencing, landscaping and any other items necessary to illustrate compliance with the
development standards of this chapter.
(2) A stamped statement by a state of Washington registered professional engineer that the
support structure shall comply with EIA/TIA-222-G (as amended), and the allowable wind speed for
the applicable zone in which the facility is located, and that describes the general structural capacity of
any proposed WCF(s), including:
(a) The number and type of antennas that can be accommodated;
(b) The basis for the calculation of capacity; and
(c) A written statement that the proposal complies with all federal guidelines regarding
interference and ANSI standards as adopted by the FCC, including but not limited to nonionizing
electromagnetic radiation (NIER) standards.
Some or all of the requirements listed in this subsection may be waived for applications for
attachments to utility poles, provided a letter is submitted from the appropriate utility agency
accepting responsibility for design of the structure. (3) A report by the applicant that includes a description of the proposed WCF, including height
above grade, justification for the proposed height of the structure and evaluation of alternative
designs which might result in lower heights, materials, color, lighting, and information demonstrating
compliance with siting hierarchy.
(4) Where a permit for an attachment or co-location is required, the application shall also include
the following information:
(a) The name and address of the operator(s) of proposed and existing antennas on the
site;
Marysville Municipal Code Title 22 UDC
Title 22C-158
(b) The height of any proposed antennas;
(c) Manufacture, type, and model of such antennas; (d) Frequency, modulation, and class of service; and
(e) A description of the wireless communication service that the applicant intends to offer
to provide, or is currently offering or providing within the city.
(5) A detailed visual simulation of the wireless communication facility shall be provided along with
a written report from the applicant, including a map showing all locations where an unimpaired signal
can be received for that facility (propagation map).
(6) If applicable, approved franchise agreement, or completed franchise agreement application
and related fees.
(7) Other information as the director of community development may reasonably require.
(8) Fees for review as established by the city’s most current fee resolution.
The community development director may release an applicant from having to provide one or more of
the pieces of information on this list upon a finding that in the specific case involved said information
is not necessary to process or make a decision on the application being submitted.
22C.250.060 Siting hierarchy.
Siting of antenna or support structures shall adhere to the siting hierarchy of this section. The
order of ranking for antenna or antenna support structures, from highest to lowest, shall be 1, 2, 3, 4. Where letters (a, b) are present, a is preferable to b. Where a lower ranking alternative is proposed, the applicant must submit relevant information including but not limited to an affidavit by a licensed
radio frequency engineer demonstrating that despite diligent efforts to adhere to the established
hierarchy within the geographic search area, higher ranking options are not technically feasible or
justified given the location of the proposed wireless communications facility and network need.
Example: A new facility meeting the definition of a concealed consolidated WCF is proposed; the
applicant demonstrates that the new facility cannot be sited under hierarchy (1)(a) through (1)(b).
The applicant then demonstrates the new facility cannot be sited under hierarchy 2. The applicant
then moves to hierarchy 3 and is able to propose a site.
1 Co-location with existing antenna support structure:
a. That requires no increase in pole or structure height.
b. That requires an increase in pole or structure height which shall comply with
MMC 22C.250.080(3).
2 New concealed antenna support structure or concealed consolidation: • On developed, improved sites in nonresidential zoning districts; or
• On publicly owned land.
Concealed attached WCF: • Within public parks, public open spaces, and on other publicly owned land; or • Within public rights-of-way; or
• Within nonresidential zoning districts or residential zoning districts on lots not
used for single-family residential purposes.
3 Concealed consolidations:
a. In nonresidential zoning districts.
b. In residential zoning districts on lots not used for single-family residential purposes.
4 New concealed antenna support structure:
a. In nonresidential zoning districts.
b. In residential zoning districts on lots not used for single-family residential
purposes.
Marysville Municipal Code Title 22 UDC
Title 22C-159
The community development director may allow the siting of a facility in a location at a lower
position in the hierarchy without demonstration that higher ranking options are not technically feasible or justified, provided the applicant demonstrates that the proposed facility location would result in a
lesser visual/aesthetic impact and better meets the purposes of this chapter.
22C.250.070 General requirements.
(1) Co-located or combined facilities shall comply with the following requirements:
(a) Co-location of antennas onto existing antenna support structures meeting the
dimensional standards of this chapter are permitted outright. Antenna mounts shall be flush-mounted
onto existing antenna support structure, unless it is demonstrated through RF propagation analysis
that flush-mounted antennas will not meet the network objectives of the desired coverage area.
Furthermore, an antenna shall only extend vertically above the uppermost portion of the structure to
which it is mounted or attached as follows:
(i) Not more than 20 feet on a nonresidential structure; and
(ii) Not more than 15 feet on a multifamily structure.
(b) Co-location of antennas onto a new antenna support structure constructed after May
1, 2006, shall be concealed.
(c) At the time of installation, the WCF base station and ancillary structures shall be
brought into compliance with any applicable landscaping requirements. (d) A co-located or combined WCF, its new base station, and any new ancillary structures shall be subject to the setbacks of the underlying zoning district.
(e) When a co-located or combined WCF is to be located on a nonconforming building or
structure, then it shall be subject to the nonconformance provisions of Chapter 22C.100 MMC.
(2) Concealed attached WCF outside of the public ROW shall comply with the following
requirements:
(a) Concealed antennas shall reflect the visual characteristics of the structure to which
they are attached and shall be designed to architecturally match the facade, roof, wall, or structure on
which they are affixed so that they blend with the existing structural design, color, and texture. This
shall include the use of colors and materials, as appropriate. When located on structures such as
buildings or water towers, the placement of the antenna on the structure shall reflect the following
order of priority in order to minimize visual impact:
(i) A location as close as possible to the center of the structure; and
(ii) Along the outer edges or side-mounted; provided, that in this instance,
additional means such as screens should be considered and may be required by the department on a
case-by-case basis; and (iii) When located on the outer edge or side-mounted, be placed on the portion of
the structure less likely to be seen from adjacent lands containing, in descending order of priority,
existing residences, public parks and open spaces, and public roadways.
(b) The top of the concealed attached WCF shall not be more than 40 feet above the
existing or proposed nonresidential building or structure, or more than 15 feet above a residential
building. Maximum height must be consistent with MMC 22C.250.080(3).
(c) Feed lines shall be contained within a principal building or encased and the
encasement painted to blend and match the design, color, and texture of the facade, roof, wall, or
structure to which they are affixed.
(3) Concealed attached WCF proposed within the public right-of-way shall comply with the
following requirements:
(a) An existing pole may be extended or replaced with a new pole, provided the original
pole height may be increased by no more than the sum of the height of the wireless antenna(s) and
necessary equipment, plus the minimum vertical separation distance as required by the utility agency.
(b) The pole must serve the original purpose and, if replaced, must be of similar
appearance and composition as adjacent utility poles. The community development director may
authorize the utilization of a composition material other than that of adjacent poles if it can be demonstrated that the utility’s engineering requirements necessitate that the different material be utilized.
(c) Antennas shall be flush mounted.
(d) Field changes necessary in order to meet other utility agency requirements shall be
reviewed and approved by the city prior to structure installation.
(4) Concealed antenna support structures shall comply with the following requirements:
Marysville Municipal Code Title 22 UDC
Title 22C-160
(a) Upon application for a new concealed antenna support structure, the applicant shall
provide a map showing all existing antenna support structures or other suitable nonresidential structures located within one-quarter mile of the proposed structure with consideration given to
engineering and structural requirements.
(b) No new antenna support structure shall be permitted if an existing structure suitable
for attachment of an antenna or co-location is located within one-quarter mile, unless the applicant
demonstrates that the existing structure is physically or technologically unfeasible, or is not made
available for sale or lease by the owner, or is not made available at a market rate cost, or would result
in greater visual impact. The burden of proof shall be on the applicant to show that a suitable
structure for mounting of antenna or co-location cannot be reasonably or economically used in
accordance with these criteria.
(c) In residential districts, new concealed antenna support structures shall only be
permitted on lots whose principal use is not single-family residential, including but not limited to
schools, churches, synagogues, fire stations, parks, and other public property.
(d) To the extent that there is no conflict with the color and lighting requirements of the
Federal Communications Commission and the Federal Aviation Administration for aircraft safety
purposes, new antenna support structures shall be concealed as defined by this title and shall be
configured and located in a manner to have the least visually obtrusive profile on the landscape and
adjacent properties. New concealed antenna support structures shall be designed to complement or match adjacent structures and landscapes with specific design considerations such as architectural designs,
height, scale, color, and texture and designed to blend with existing surroundings to the extent
feasible. This shall be achieved through the use of compatible colors and materials, and alternative
site placement to allow the use of topography, existing vegetation or other structures to screen the
proposed concealed antenna support structure from adjacent lands containing, in descending order of
priority: existing residences, public parks and open spaces, and public roadways.
(e) At time of application the applicant shall file a letter with the department, agreeing to
allow co-location on the tower. The agreement shall commit the applicant to provide, either at a
market rate cost or at another cost basis agreeable to the affected parties, the opportunity to co-
locate the antenna of other service providers on the applicant’s proposed tower to the extent that such
co-location is technically and structurally feasible for the affected parties.
(f) All new concealed antenna support structures up to 60 feet in height shall be
engineered and constructed to accommodate no less than two antenna arrays. All concealed antenna
support structures between 61 feet and 100 feet shall be engineered and constructed to accommodate
no less than three antenna arrays. All concealed antenna support structures between 101 and 140 feet shall be engineered and constructed to accommodate no less than four antenna arrays.
(g) Those providing for co-location shall also submit a plan for placement of base station
equipment for potential future providers and/or services provided by additional antenna arrays.
(h) Grading shall be minimized and limited only to the area necessary for the new WCF.
(5) Consolidation of WCFs shall comply with the following requirements: consolidation of two or
more existing WCFs may be permitted pursuant to the provisions of this chapter, including a CUP and
consideration of the following:
(a) WCF consolidation shall reduce the number of WCFs.
(b) If a consolidation involves the removal of WCFs from two or more different sites and if
a consolidated WCF is to be erected on one of those sites, it shall be erected on the site that provides
for the greatest compliance with the standards of this chapter.
(c) Consolidated WCFs shall be concealed.
(d) All existing base stations and ancillary equipment shall be brought into compliance
with this chapter.
(e) New WCFs approved for consolidation of an existing WCF shall not be required to meet
new setback standards so long as the new WCF and its base station and ancillary structures are no
closer to any property lines or dwelling units than the WCF and base station and ancillary structures being consolidated. For example, if a new WCF is replacing an old one, the new one is allowed to have the same setbacks as the WCF being removed, even if the old one had nonconforming setbacks.
(f) If the consolidated WCF cannot meet the setback requirements, it shall be located on
the portion of the parcel on which it is situated which, giving consideration to the following, provides
the optimum practical setback from adjacent properties:
(i) Topography and dimensions of the site;
(ii) Location of any existing structures to be retained.
Marysville Municipal Code Title 22 UDC
Title 22C-161
22C.250.080 Design standards. (1) All WCFs shall:
(a) Be designed and constructed to present the least visually obtrusive profile.
(b) Use colors such as grey, blue, or green that reduce visual impacts unless otherwise
required by the city of Marysville, FAA, or FCC.
(c) Flush-mount antennas when feasible. Non-flush-mounted antennas are allowed only
upon written demonstration by the applicant that flush-mounting is not feasible.
(2) Base Stations.
(a) Base stations that are not located underground shall not be visible from public
views.
(b) New base stations and ancillary structures shall be designed to complement or
match adjacent structures and landscapes with specific design considerations such as architectural
designs, height, scale, color, and texture and designed to blend with existing surroundings to the
extent feasible. This shall be achieved through the use of compatible colors and building materials of
existing buildings or structures on the property, and alternative site placement to allow the use of
topography, existing vegetation or other structures to screen the base station and ancillary structures
from pedestrian views. Where feasible, one building with multiple compartments shall be constructed
to serve the total number of anticipated co-location tenants. If the applicant can demonstrate that one building is not feasible or practical due to site design or other constraints, then a site plan shall be provided to demonstrate how all potential base stations and ancillary structures will be accommodated
within the vicinity of the WCF.
(3) Height Standards. The height of the antenna support structure shall be measured from the
natural undisturbed ground surface below the center of the base of the tower to the top of the tower
or, if higher, to the top of the highest antenna or piece of equipment attached thereto. The height of
any WCF shall not exceed the heights provided in the table below.
Zone Maximum Height
GC, DC, CB, NB, GI, LI, MU, PI, BP 140'
R4.5-R28 80'
Open Space and Recreation 140'
Notes:
(1) New antenna support structures must comply with MMC 22C.250.070 (4)(e) through (g).
(a) Increases to the height of an existing antenna support structure are permitted,
provided: (i) It is consistent with all conditions of the CUP authorizing the use and
subsequent approvals thereafter;
(ii) The existing conditions and the proposed changes are not in violation of the MMC;
(iii) It is necessary to accommodate an actual co-location of the antenna
for additional service providers or to accommodate the current provider’s antenna required to
utilize new technology, provide a new service, or increase capacity; (iv) Height increases are limited to no more than 40 feet above the height
of the existing antenna support structure unless explicitly allowed in the CUP;
(v) A nonconformance shall not be created or increased, except as otherwise provided by this chapter; (vi) A detailed certification of compliance with the provisions of this section
is prepared, submitted, and approved.
(4) Setback Requirements. (a) Antenna support structures outside of the right-of-way shall have a setback from property lines of 10 feet from any property line and 50 feet or one foot setback for every one foot in
height from any residentially zoned property, whichever provides the greatest setback.
(b) Base stations shall be subject to the setback requirements of the zone in which they
are located.
(c) The department shall consider the following criteria and give substantial consideration
to on-site location and setback flexibility is authorized when reviewing applications for new antenna
support structures and consolidations:
Marysville Municipal Code Title 22 UDC
Title 22C-162
(i) Whether existing trees and vegetation can be preserved in such a manner that would
most effectively screen the proposed tower from residences on adjacent properties; (ii) Whether there are any natural landforms, such as hills or other topographic breaks,
that can be utilized to screen the tower from adjacent residences;
(iii) Whether the applicant has utilized a tower design that reduces the silhouette of the
portion of the tower extending above the height of surrounding trees.
(5) Landscaping and Fencing Requirements.
(a) All ground-mounted base stations and ancillary structures shall be enclosed with an
opaque fence or fully contained within a building. In all residential zones, or a facility abutting a
residential zone, or in any zone when the base station and ancillary structures adjoin a public right-of-
way, the fence shall be opaque and made of wood, brick, or masonry. In commercial or industrial
zones, if a chain link fence is installed, slats shall be woven into the security fence. Required fencing
shall be of sufficient height to screen all ground equipment and shall be subject to MMC 22C.010.380
and 22C.020.330. The city shall have the authority to determine the type of enclosure and materials
required based upon review of existing site and surrounding conditions.
(b) Landscaping shall be done in accordance with Chapter 22C.120 MMC.
(c) When a fence is used to prevent access to a WCF or base station, any landscaping
required shall be placed outside of the fence.
(d) Landscaping provisions may be modified in accordance with MMC 22C.120.190. (6) Lighting Standards. Except as specifically required by the FCC or FAA, WCFs shall not be illuminated, except lighting for security purposes that is compatible with the surrounding
neighborhood. Any lighting required by the FAA or FCC must be the minimum intensity and number of
flashes per minute (i.e., the longest duration between flashes) allowable to minimize the potential
attraction to migratory birds. Dual lighting standards (white blinking light in daylight and red blinking
light at dusk and nighttime) are required and strobe light standards are prohibited unless required.
The lights shall be oriented so as not to project directly onto surrounding residential property, and
consistent with FAA and FCC requirements.
(7) Signage. Commercial messages shall not be displayed on any WCF. The only signage that is
permitted upon an antenna support structure, base station, or fence shall be informational, and for the
purpose of identifying the antenna support structure (such as ASR registration number), as well as the
party responsible for the operation and maintenance of the facility, its current address and telephone
number, security or safety signs, and property manager signs (if applicable). If more than 220 voltage
is necessary for the operation of the facility and is present in a ground grid or in the antenna support
structure, signs located every 20 feet and attached to the fence or wall shall display in large, bold,
high contrast letters (minimum letter height of four inches) the following: HIGH VOLTAGE – DANGER. (8) Sounds. Maximum permissible sound levels to intrude into the real property of another person
from a wireless communication facility shall not exceed 45 dB(A). In the case of maintenance,
construction, and emergencies, these sound levels may be exceeded for short durations as required by
the specific circumstance.
22C.250.090 Technical evaluation.
The city may retain the services of an independent technical expert such as a registered
professional electrical engineer accredited by the state of Washington who holds a federal
communications general radio telephone operator license. The engineer will provide technical
evaluation of permit applications for WCFs. The applicant shall pay all the costs of said review.
22C.250.100 Interference.
Whenever the city encounters radio frequency interference with its public safety
communications equipment, and it believes that such interference has been or is being caused by one
or more WCFs, the following steps shall be taken:
(1) Upon notification by the city to WCF service providers potentially interfering with public safety
communications equipment, the providers shall cooperate and coordinate with the city and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety ―Best Practices Guide,‖ released by the FCC in February 2001,
including the ―Good Engineering Practices,‖ as may be amended or revised by the FCC from time to
time.
(2) If any WCF owner fails to cooperate with the city in complying with the owner’s obligations
under this section or if the FCC makes a determination of radio frequency interference with the city
public safety communications equipment, the owner who fails to cooperate and/or the owner of the
Marysville Municipal Code Title 22 UDC
Title 22C-163
WCF which caused the interference shall be responsible, upon FCC determination of radio frequency
interference, for reimbursing the city for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the jurisdiction to
determine the source of the interference. For the purposes of this subsection, failure to cooperate shall
include failure to initiate any response or action as described in the ―Best Practices Guide‖ within 24
hours of the city’s notification.
22C.250.110 Cessation of use.
(1) Discontinuance or Abandonment. Any WCF that is not operated for a period of 12 months shall
be considered abandoned, and the owner of such WCF shall remove the WCF within 90 days of receipt
of notice from the governing authority notifying the owner of such abandonment. If such WCF is not
removed within said 90 days, the governing authority may remove the WCF at the owner’s expense.
An extension may be requested and granted for up to 12 months by the community development
director if good cause is shown, the WCF is maintained, and conditions would not be detrimental to the
public health, safety, or general welfare. If there are two or more users of a single WCF, then this
provision shall not become effective until all users cease using the WCF.
22C.250.120 Amateur radio antennas.
Amateur radio antennas and support structures are subject to the following: (1) Maximum height shall be 75 feet, measured pursuant to the definition of WCF height. (2) Antennas or antenna support structures shall not be permitted in any setback area or within
any front yard area.
Marysville Municipal Code Title 22 UDC
Title 22C-164
Chapter 22C.260 LOW IMPACT DEVELOPMENT
Sections:
22C.260.010 Purpose. .................................................................................. 164
22C.260.020 Applicability. ............................................................................ 164
22C.260.030 Protected native vegetated areas................................................ 164
22C.260.040 Preservation and amendment of topsoils. .................................... 165
22C.260.050 Storm water management. ........................................................ 165
22C.260.060 Maximum impervious surfaces. .................................................. 166
22C.260.070 Density bonus and dimensional standard modifications. ................ 166
22C.260.080 Review process. ....................................................................... 167
22C.260.010 Purpose.
The purpose of this chapter is to permit design flexibility and provide performance criteria for
low impact development. Low impact development (LID) is a storm water management and land
development strategy utilized in site design and construction that emphasizes conservation and use of
on-site natural features integrated with engineered, small-scale hydrologic controls to mimic natural
hydrologic functions. Implementation of LID benefits streams, lakes, and Puget Sound by moderating
the impacts of storm water runoff generated by the built environment. LID techniques may supplant or augment traditional, structural storm water management solutions. Low impact best management practices (BMPs) are described in the Low Impact Development Technical Guidance Manual for Puget
Sound, 2005, published by the Puget Sound Action Team. LID objectives are:
(1) To retain or restore native forest cover to capture, infiltrate, and evaporate all or a portion of
the rainfall on a site;
(2) To confine development to the smallest possible footprint and minimize land disturbance and
site grading;
(3) To preserve or restore the health and water-holding capacity of soils;
(4) To incorporate natural site features that promote storm water infiltration;
(5) To minimize all impervious surfaces and especially those that drain to conventional piped
conveyance;
(6) To manage storm water through infiltration, bioretention, and dispersion; and
(7) To manage storm water runoff as close to its origin as possible in small, dispersed facilities.
22C.260.020 Applicability.
(1) Conformance with this chapter shall be required: (a) Where specified in an adopted basin plan pursuant to Chapter 14.18 MMC; or
(b) When a site has committed to being a LID project pursuant to MMC 14.15.062.
(2) Modifications of this chapter are allowed for any proposed development subject to a
determination of the applicable review authority that the proposal substantially furthers all objectives
in MMC 22C.260.010.
22C.260.030 Protected native vegetated areas.
A portion of the site shall be preserved as protected native vegetated area.
(1) Protected native vegetated areas shall be designated in the following ratios:
(a) Residential developments: Proposed at six dwelling units per acre or less shall
preserve 35 percent of the site as native growth areas.
(b) Residential developments: Proposed at more than six dwelling units per acre shall
preserve 20 percent of the site as native growth areas.
(c) Commercial developments: Shall preserve 10 percent of the site as native growth or
landscaped areas.
(d) Improvements within existing public rights-of-way are exempt.
(2) For the purposes of calculating required area, submerged lands and sensitive areas and buffers required to be protected pursuant to Chapter 22E.010 MMC shall not be included. (3) Protected native vegetated areas shall be forested. Where existing vegetation provides
minimal canopy cover or where nonnative or invasive plant species provide the predominant cover, a
planting plan shall be prepared that includes plant densities that are not less than five feet on center
for shrubs and 10 feet on center for trees. This requirement does not apply to preserved wetlands. All
plant species shall be native. Seventy percent of planted trees shall be deciduous species of at least
Marysville Municipal Code Title 22 UDC
Title 22C-165
one and one-half inch in caliper. Evergreen trees shall be six feet in height. The community
development director may modify the requirements of this section based on site conditions. (4) Clearing limits shall be surveyed, staked, and fenced with erosion control and/or clearing limits
fencing prior to any construction work, including grading and clearing.
(5) Trees shall not be removed from areas proposed to meet the protected native growth area
requirement during site development.
(6) Monitoring and maintenance of plants shall be required in accordance with MMC 22E.010.270.
(7) Development within protected native vegetated areas shall be limited to biofiltration swales,
storm water dispersion facilities, pervious pedestrian trails, and approved surface water restoration
projects. Activities within the protected native growth areas shall be limited to passive recreation,
removal of invasive species, amendment of disturbed soils consistent with all applicable regulations,
and planting of native vegetation. Development shall be consistent with critical areas requirements
and restrictions in Chapter 22E.010 MMC.
(8) A permanent protective mechanism shall be legally established to ensure that the required
protected native vegetated area is preserved and protected in perpetuity in a form that is acceptable
to the city and filed with the county auditor’s office. A permanent protected native vegetated area
shall be established using one of the following mechanisms:
(a) Placement in a separate nonbuilding tract owned in common by all lots within a
subdivision; (b) Covered by a protective easement or public or private land trust dedication; (c) Preserved through an appropriate permanent protective mechanism that provides the
same level of permanent protection as subsection (8)(a) of this section as determined by the
community development director or hearing examiner.
(9) Restrictions on the future use of the protective native vegetated area shall be recorded on the
face of the final plat, short plat, binding site plan, or site plan.
22C.260.040 Preservation and amendment of topsoils.
The duff layer and native topsoils shall be retained in an undisturbed state to the maximum
extent practicable.
(1) Any duff or topsoil removed during grading shall be stockpiled on-site in a designated,
controlled area not adjacent to public resources and critical areas. The material shall be reapplied to
other portions of the site where feasible.
(2) Except as otherwise provided in subsection (3) of this section, areas that have been cleared
and graded or subject to prior disturbance shall be amended. Prior disturbance shall include soil
compaction or removal of some or all of the duff layer or underlying topsoil. The amendment shall take place between May 1st and October 1st. Replaced topsoil shall be a minimum of eight inches
thick, unless the applicant demonstrates that a different thickness will provide conditions equivalent to
the soil moisture holding capacity native to the site. Replacement topsoil shall have an organic content
of between eight and 13 percent dry weight and a pH suitable for the proposed landscape plants.
(3) This section does not apply to areas within the dripline of existing trees proposed for
retention, or areas that, at project completion, are covered by an impervious surface, incorporated
into a drainage facility or engineered as structural fill or slope.
22C.260.050 Storm water management.
LID projects shall use infiltration, dispersion, and bioretention to the maximum extent
practicable to manage storm water runoff generated on-site.
(1) Infiltration shall be used except where a site assessment demonstrates that infiltration is not
feasible due to site conditions or due to probable risk to ground water or to other property.
(2) LID projects shall meet the minimum peak and duration flow control standards per the
Department of Ecology Stormwater Management Manual for Western Washington, current city adopted
edition.
(3) Flow control facilities may be reduced in size through compliance with LID Technical Guidance Manual Section 7.2.2 – full dispersion for all or part of the development site. (4) Water quality treatment BMPs shall be provided to treat 91 percent of the annual runoff
volume per the Department of Ecology standards.
(5) All site soils disturbed during construction shall be rehabilitated to the specifications of
Integrated Management Practice 6.2 of the Low Impact Development Technical Guidance Manual for
Puget Sound (2005).
Marysville Municipal Code Title 22 UDC
Title 22C-166
Table 22C.260.050-1
Pond
Reduction (Infiltration < 0.30
in./hr. or
less) 4,5
Pond
Reduction (Infiltration of = 0.30
in./hr. or
more) 4,5
Rural Residential 100% 100%
Urban Residential <
6.0 Dwelling Units Per
Acre
50% 60%
Urban Residential ≥ 6.0 Dwelling Units Per Acre 50% 60%
Multifamily 40% 80%
Commercial 40% 80%
Roads 50% 50%
The volume reduction in Table 22C.260.050-1 represents a reduction as compared to the
volume needed for a detention pond serving a standard development. Notes (5)(a) through (d) below
apply to the table.
(a) Infiltration rates are as measured in the field at the proposed LID location using techniques
recommended in the Stormwater Management Manual for Western Washington and the Low Impact
Technical Guidance Manual for Puget Sound.
(b) Multifamily projects are those projects containing more than three dwelling units attached in a
single structure, regardless of ownership mechanism.
(c) All projects with Type A (outwash) soils shall infiltrate 100 percent of runoff.
(d) Storm water discharges shall match developed discharge durations to predeveloped durations
for the range of predeveloped discharge rates from 50 percent of the two-year peak flow up to the full 50-year peak flow.
22C.260.060 Maximum impervious surfaces.
LID projects shall limit impervious surface coverage as follows:
(1) New impervious surface shall not exceed 70 percent of the site for nonresidential uses outlined
in MMC 22C.010.060 and MMC 22C.020.060.
(2) New impervious surface coverage shall not exceed the maximum limits in the following table
for residential uses listed in MMC 22C.010.060 and MMC 22C.020.060 except hotel/motel uses:
Table 22C.260.060-2
Maximum Percent Impervious Area Based
on Residential Density
Dwelling Units Per Acre
Maximum %
Impervious
≤1.4 du/ac 10%
1.5 – 2.4 du/ac 15%
2.5 – 3.4 du/ac 20%
3.5 – 4.9 du/ac 30%
5.0 – 6.9 du/ac 35%
7.0 – 9.9 du/ac 40%
10.0 du/ac or greater 60%
22C.260.070 Density bonus and dimensional standard modifications.
(1) Development may be granted a density incentive pursuant to Chapter 22C.090 MMC.
Marysville Municipal Code Title 22 UDC
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(2) The city, in its discretion, may allow the following modifications to residential dimensional
standards in MMC 22C.010.080(2) to meet the protected native growth area requirement in MMC 22C.260.030 and to accommodate density bonuses received pursuant to Chapter 22C.090 MMC:
(a) Minimum lot area may be reduced for single-family dwellings to 4,000 square feet in
the R-6.5 zone and 3,500 square feet in the R-8 zone.
(b) Minimum lot width may be reduced to 40 feet in the R-4.5 and R-6.5 zones.
(3) Modifications requested under this section shall require a justification of necessity according to
the provisions of subsection (1) of this section.
22C.260.080 Review process.
(1) Except as specifically modified by this chapter, all development occurring under this chapter
shall be subject to all applicable requirements and processes of the Marysville Municipal Code.
(2) All standards and requirements of this chapter shall be conditions of approval for the
underlying development permits.
(3) All development proposed under this chapter shall be subject to the site assessment
requirements of MMC 14.15.062(2). Applicants are encouraged to meet with public works and
planning staff following completion of the site assessment and prior to site design to discuss additional
analysis that may be required to support the use of LID BMPs, preliminary recommendations on
meeting the storm water regulations, and low impact options for site design.
Marysville Municipal Code Title 22 UDC
Title 22D-1
Title 22D
CITY-WIDE STANDARDS
Chapter 22D.010 MITIGATION OF IMPACTS RESULTING FROM DEVELOPMENT
PROPOSALS ................................................................................ 2
Chapter 22D.020 PARKS, RECREATION, OPEN SPACE AND TRAIL IMPACT FEES AND
MITIGATION ............................................................................... 6
Chapter 22D.030 TRAFFIC IMPACT FEES AND MITIGATION .......................................13
Chapter 22D.040 SCHOOL IMPACT FEES AND MITIGATION .......................................26
Chapter 22D.050 CLEARING, GRADING, FILLING, AND EROSION CONTROL ................35
Marysville Municipal Code Title 22 UDC
Title 22D-2
Chapter 22D.010 MITIGATION OF IMPACTS RESULTING FROM DEVELOPMENT
PROPOSALS Sections:
22D.010.010 Policy. ........................................................................................ 2
22D.010.020 Projects subject to mitigation requirements. ................................... 2
22D.010.030 Mitigation requirements identified. ................................................. 2
22D.010.040 Mitigation of adverse impacts. ....................................................... 2
22D.010.050 Recovery contracts. ..................................................................... 2
22D.010.060 Credit against mitigation assessment for dedication of land. ............. 3
22D.010.070 Credits for public work on regional improvements. ........................... 4
22D.010.080 Use of mitigation assessments. ..................................................... 4
22D.010.090 Appeals to the city council. ........................................................... 5
22D.010.010 Policy.
It is the policy of the city of Marysville to implement the State Environmental Policy Act, RCW
43.21C, and the State Subdivision Code, RCW 58.17, by requiring the proponent of any subdivision,
rezone, project or development to mitigate any and all impacts directly resulting from the same which
adversely affect the environment for the public health, safety or welfare. Mitigation measures,
including dedication of property to public use and voluntary payments into the city‟s growth management fund shall be a material consideration in the approval, modification or denial of all such proposals.
22D.010.020 Projects subject to mitigation requirements.
All subdivisions, rezones, projects and developments (hereinafter collectively referred to as
“projects”) which are found by the responsible official of the city of Marysville, the hearing examiner or
city council to directly result in adverse environmental impacts or to adversely affect the public health,
safety or welfare (hereinafter referred to as “adverse impacts”), shall be required to mitigate such
impacts as a condition of receiving city approval to proceed with the project; provided, that mitigation
requirements shall not apply to categories of projects which are exempt under WAC 197-10-170,
except for short plats, duplexes and triplexes, the exemption for which is repealed for the purposes of
this chapter.
22D.010.030 Mitigation requirements identified.
The city legislative or administrative authority issuing the project approval shall determine and
identify those adverse impacts which will directly result from the proposed project, and shall determine and identify required mitigation of the same. Such mitigation may include dedication of land
or easements within the proposed project. It must be established that each mitigation requirement is
reasonably necessary as a direct result of the project.
22D.010.040 Mitigation of adverse impacts.
The city legislative or administrative authority issuing the project approval shall condition the
same upon satisfactory mitigation of all identified adverse impacts by one of the following alternative
methods:
(1) The proponent may modify the project so as to avoid creating adverse impacts; or
(2) The proponent may undertake, at its own cost, to mitigate all identified adverse impacts on a
time schedule agreed upon with the city legislative or administrative authority issuing the project
approval; or
(3) If the city determines that the identified adverse impacts would best be mitigated on a
regional basis, the city shall prepare a cost estimate for the regional capital improvements, and shall
define a benefit area for the same. The city and the proponent shall negotiate the fair share of said
total cost to be allocated to the proponent‟s project, being guided by assessment methods allowed in
Chapter 35.44 RCW. A proponent may enter into an agreement with the city to pay the mitigation assessment for the project on a mutually agreed upon time schedule or may dedicate land or do public works as a credit against the mitigation assessment, as provided below.
If such mitigation is not deemed possible, practical, or in the public interest, the proposed
project may be denied.
22D.010.050 Recovery contracts.
Marysville Municipal Code Title 22 UDC
Title 22D-3
At the option of the city council, a proponent may be allowed to enter into a recovery contract
with the city providing for partial reimbursement to the proponent, or its assignee, of costs of regional capital improvements required by this chapter, including design, grading, paving and installation of
streets, curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls and other similar
improvements required by the street standards of the city. Such contracts shall be governed by the
following provisions:
(1) Within 30 days after the improvements are accepted by the city and a bill of sale/warranty is
filed with respect to the same, the proponent of the recovery contract shall submit a request for the
same, using a form supplied by the city, together with supporting documentation showing all costs
incurred in the project.
(2) An assessment area shall be formulated based upon a determination by the city as to which
parcels of real estate adjacent to the street improvements would be required by this chapter to make
similar improvements at the time development is proposed for said parcels.
(3) The reimbursement share of all property owners in the assessment area shall be a pro rata
share of construction and contract administration costs of the improvement project. The city shall
determine the reimbursement share by using a method of cost apportionment which is based upon the
benefit to each property owner from the project. There shall be no reimbursement to the proponent
for the share which is allocated to its property, nor for any contributions paid by the city.
(4) A preliminary determination of area boundaries and assessments, along with a description of the property owner‟s rights and options, shall be forwarded by certified mail to the property owners of record within the proposed assessment area. If any property owner requests a hearing in writing
within 20 days of the mailing of the preliminary determination, a hearing shall be held before the city
council, notice of which shall be given to all affected property owners. The city council‟s ruling shall be
determinative and final.
(5) The contract, upon approval by the city council, shall be recorded in the records of the
Snohomish County auditor within 30 days of such approval. The recorded contract shall constitute a
lien against all real property within the assessment area which did not contribute to the original cost of
the project improvements.
(6) If, within a period of 15 years from the date the contract was recorded, any property within
the assessment area applies for development rights which implement the requirements of this
chapter, the lien for payment of said property‟s proportionate share shall become immediately due
and payable to the city as a condition of receiving development approval.
(7) All assessments collected by the city pursuant to a recovery contract, less the city‟s
administrative charge, shall be paid to the original proponent, its personal representative, successors
or assigns within 30 days after receipt by the city. The city‟s administrative charge for each collection is set forth in MMC 14.07.005.
22D.010.060 Credit against mitigation assessment for dedication of land.
At the option of the city council, a proponent may be allowed or required to dedicate land, or
cause land to be dedicated, to the city for public purposes. In such a case, the proponent shall be
granted a credit against any part or all of the mitigation assessment referred to above, to the extent
of the appraised value of the land which is dedicated. The implementation of this credit shall be in
accordance with the following criteria:
(1) Dedication of land shall only be required or accepted by the city upon a finding that it is
reasonably necessary as a direct result of the proposed project, and will tend to mitigate adverse
impacts of the project.
(2) No credit shall be given for dedication of land for public road right-of-way located on the
subject property or which abuts the same or otherwise provides direct access to the subject property.
(3) In evaluating a specific parcel of land for dedication, the city shall consider the following
factors:
(a) Compatibility of the land with the city‟s then-current comprehensive plan for public
facilities; (b) Topography, geology, access and location of the land, as the same relate to its effective development and use for public purposes;
(c) The proximity of the land to preexisting property under public ownership;
(d) The proximity of the land to existing and foreseeable population concentrations;
(e) The possibility of combining the land with abutting properties which are presently
under public ownership or are anticipated for future acquisition;
Marysville Municipal Code Title 22 UDC
Title 22D-4
(f) The environmental and economic impact of developing and using the land for public
purposes; (g) The fair market value of the land;
(h) The extent, if any, which dedication of the land to the public would unreasonably
interfere with the private development and use of abutting properties.
(4) If either the city or the proponent desire to pursue the option of land dedication, they shall, by
mutual agreement, retain the services of a qualified appraiser who shall investigate and report to the
parties the appraised value of the subject land. The cost of the appraisal shall be borne equally by the
city and the proponent. Within 30 days from the date of the appraisal report, the city shall notify the
proponent of its decision whether the dedication will be required/allowed as a condition of project
approval.
(5) In the event the city requires/allows dedication, the owner of the property shall deed or
dedicate the same to the city with a warranty of clear title, as a condition of receiving final approval of
the project.
(6) The proponent shall be given a credit against the mitigation assessment referred to above
which is equal to the appraised value of the dedicated land.
(7) The city shall have complete discretion with respect to the use of the dedicated land, and the
schedule for the development of the same; provided, that any such use or development shall be
consistent with all applicable laws of the city, state and federal governments. 22D.010.070 Credits for public work on regional improvements.
In any case where a proponent requests permission to develop, at its own cost, a regional
improvement to the public street system, park and recreational facilities, storm drainage and flood
control facilities, or public safety facilities, which are located either on the subject property or off site
and which would contribute to mitigation of identified adverse impacts resulting from the project, the
city may, in its sole discretion, grant permission to the proponent to perform such public work, and
the value of the same shall be credited against the mitigation assessment for the project. The value of
such work shall be determined by the city engineer and shall be consistent with the probable cost of
such work if it were put out for public bid. In authorizing such public work, and in granting a credit
against the mitigation assessment, the city council must find that said work is in the public interest
and meets the following standards:
(1) The public work must be a regional improvement which is provided for and anticipated in the
city‟s comprehensive plan; no credit shall be allowed for construction of local access streets within the
subject property or which abut the same or otherwise provide direct access to the subject property.
(2) The public work must be directly related to the mitigation of impacts created or contributed to by the project.
(3) The timing for the development of the public work must be consistent with the long-range
scheduling for such development by the city.
(4) The proponent or its contractor must demonstrate its financial and professional ability to
perform the project in a workmanlike manner and in compliance with all specifications for the project
and all governmental regulations relating thereto.
(5) The proponent or its contractor shall be required to comply with all bonding and warranty
requirements otherwise applicable to public works.
(6) The proponent or its contractor shall be required to deposit with the city cash in a sum equal
to the public work contract retainage requirement specified in RCW 60.28.010. Said deposit shall be
subject to all provisions contained in Chapter 60.28 RCW.
(7) The proponent shall deed and convey the completed project and facilities to the city, for no
cost, as a condition of receiving final approval of the development or construction in question.
22D.010.080 Use of mitigation assessments.
All mitigation assessments paid to the city under this chapter shall be deposited in the growth
management fund established under Chapter 3.12 MMC, and shall be held and used subject to the following provisions: (1) Mitigation assessments paid by a proponent may only be expended by the city on capital
improvements agreed upon between the proponent and the city which are designed to mitigate
impacts directly resulting from the proposed project.
(2) Mitigation assessments shall be expended for such purposes within five years after the date of
payment to the city.
Marysville Municipal Code Title 22 UDC
Title 22D-5
(3) Any mitigation assessment not so expended shall be refunded with interest at the rate then
established by state law as applying to judgments. The refund shall be made to the property owner of the subject property who is of record at the time of the refund; provided, that if the mitigation
assessment is not expended within the five-year period due to delay attributable to the proponent, or
its successors or assigns, the mitigation assessment shall be refunded without interest.
22D.010.090 Appeals to the city council.
Any proponent aggrieved by the amount of a mitigation assessment, or by a determination
requiring the dedication of land, may appeal the same to the city council by filing a written notice of
appeal with the city clerk within 20 days from the date thereof. The city council shall hold a hearing on
such appeal within 30 days after the date on which the notice of appeal was filed. Notice of the time
and place of the hearing shall be mailed to the proponent. At the hearing the proponent shall be
entitled to be heard and introduce evidence on its own behalf. The city council shall thereupon make a
final decision on the matter and shall advise the proponent of the same in writing.
Marysville Municipal Code Title 22 UDC
Title 22D-6
Chapter 22D.020 PARKS, RECREATION, OPEN SPACE AND TRAIL IMPACT FEES
AND MITIGATION
22D.020.010 Authority. ................................................................................... 6
22D.020.020 Purposes. ................................................................................... 6
22D.020.030 Payment of impact fees required. .................................................. 6
22D.020.040 Exemptions to the requirement to pay impact fees. ......................... 6
22D.020.050 Computing required impact fees using adopted impact fee schedules. 7
22D.020.060 Computing required impact fees based on an independent fee
calculation study. ........................................................................ 8
22D.020.070 Credits and adjustments to required impact fee payments. ............... 9
22D.020.080 Appeals and payments under protest. ...........................................10
22D.020.090 Impact fee accounts and disbursements. .......................................10
22D.020.100 Impact fee refunds. ....................................................................11
22D.020.110 Annual impact fee report. ............................................................11
22D.020.120 Periodic review of fee schedules. ..................................................11
22D.020.130 Formula for determining park, recreation, open space or trail impact
fees. .........................................................................................11
22D.020.140 Severability. ..............................................................................12 22D.020.150 No special duty created. ..............................................................12 22D.020.160 Emergency. ...............................................................................12
22D.020.010 Authority.
This title is adopted under RCW 82.02.050(2) which authorizes cities planning under the
Growth Management Act, primarily codified at Chapters 36.70A and 82.02 RCW, to assess, collect,
and use impact fees to pay for park, recreation, open space and trail facilities needed to accommodate
growth. The city of Marysville is required to plan under the Growth Management Act and has adopted
a comprehensive plan, which includes a capital facilities element which complies with RCW 36.70A.070
(3), 82.02.050(4), and all other applicable requirements. Consequently, the city of Marysville is
authorized to impose, collect, and use impact fees.
22D.020.020 Purposes.
The purpose of this title is to implement the capital facilities element of the Marysville
comprehensive plan and the Growth Management Act by:
(1) Ensuring that adequate park, recreation, open space and trail facilities are available to serve new development.
(2) Maintaining the high quality of life in Marysville by ensuring that adequate facilities are
available to serve growth thereby providing for the needs of new growth and maintaining existing
service levels for present businesses and residents.
(3) Establishing standards and procedures whereby new development pays its proportionate share
of the costs of park, recreation, open space and trail facilities; reducing transaction costs for both the
city and developers; and ensuring the developments are not required to pay arbitrary or duplicative
fees.
22D.020.030 Payment of impact fees required.
Any person who applies for a building permit for any development activity or who undertakes
any development activity shall pay the impact fees set in MMC 22D.020.060 or 22D.020.070 to the
city of Marysville finance department or its designee. No new building permit shall be issued until the
required impact fees have been paid to the city of Marysville finance department or its designee or
successor. Where a building permit is not required for a development activity, the impact fees shall be
paid to the city of Marysville finance department or its designee before undertaking the development
activity. 22D.020.040 Exemptions to the requirement to pay impact fees.
(1) The following are excluded from the requirement to pay some or all of the required impact
fees:
(a) The reconstruction, remodeling, or replacement of existing buildings, structures,
mobile homes, or manufactured homes, which does not result, for nonresidential structures, in
additional floor space or, for all structures, additional dwellings. A complete application for a building
Marysville Municipal Code Title 22 UDC
Title 22D-7
permit to replace or reconstruct an existing structure that was removed or destroyed shall be
submitted within three years after the structure was removed or destroyed in order for the exemption to apply.
(b) The construction of structures accessory to a residence are exempt from the
requirement to pay all impact fees. Nonresidential accessory structures are not exempt from the
requirement to pay impact fees. The construction of any accessory structures which will result in
additional dwelling units, including accessory dwelling units, requires the payment of impact fees.
(c) Parking garages and building space which is constructed solely to park motor vehicles
which are not owned, leased or rented by a business or part of a stock in trade are exempt from the
requirement to pay all impact fees. The conversion of parking garages or vehicle parking areas to
other uses identified in MMC 22D.020.060(2) requires the payment of impact fees.
(d) Temporary uses and structures authorized by Chapter 22C.110 MMC are exempt from
the requirement to pay all impact fees.
(e) The property on which the development activity will take place is exempt from the
payment of park, recreation, open space or trail facilities impact fees under RCW 82.02.100 because
the property is part of a development activity which mitigated its impacts on the same system
improvements under the State Environmental Policy Act (SEPA).
(f) The development activity shall not be required to pay impact fees for a facility type
because: (i) the impact of the development activity for park, recreation, open space or trail facilities has been mitigated by a voluntary agreement; mitigated State Environmental Policy Act
(SEPA) determination; SEPA EIS; permit or approval condition which requires the payment of fees
consistent with the fees imposed by this title for park impacts; the dedication of land in lieu of a fee
for parks, recreation and trail improvements; or the construction or improvement of parks, recreation,
open space or trails in lieu of a fee; and
(ii) the SEPA, permit or approval condition predates the effective date of the
ordinance codified in this chapter. If the condition or requirement does not provide that the
improvements substitute for impact fees, then the development activity is not exempt. To be exempt
from the payment of park facilities impact fees, the voluntary agreement, mitigated SEPA
determination, permit or approval condition shall provide for a payment, dedication, or construction of
park facility improvements. Where a development activity has not filed a complete building permit
application before the effective date of this chapter, the development activity shall pay any payment
under the same terms as an impact fee but in the amount specified by the voluntary agreement,
mitigated SEPA determination, permit or approval condition as a condition of being exempt from the
requirement to pay mitigation fees. Unless the voluntary agreement, permit condition or approval condition requires payment when the building permit is applied for or issued, the planning director
may extend the payment date from before the issuance of a building permit to some later date for
development activities required to pay under this exemption.
(g) Accessory dwellings approved by the city under Chapter 22C.180 MMC.
(2) Any claim of exemption shall be made no later than the time of application for a building
permit. If a building permit is not required for the development activity, the claim shall be made when
the fee is tendered. Any claim not made when required by this section shall be deemed waived.
22D.020.050 Computing required impact fees using adopted impact fee
schedules.
At the option of the person applying for a building permit or undertaking development activity,
the amount of the impact fees shall be determined by the fee schedules in this section.
(1) When using the impact fee schedules, the impact fees shall be calculated by using the
following formula:
Number of units of
each use
x Impact fee amount for a
facility type
= Amount of impact fee that shall be paid for
that facility type for that use
(a) The number of units of each use shall be determined as follows:
(i) for residential uses it is the number of housing units for which a building
permit application has been made; and
(ii) for office, retail, or manufacturing uses it is the gross floor area of building(s)
to be used for each use expressed in square feet divided by 1,000 square feet. If uses other than parking vehicles which does not constitute a stock in trade and uses accessory to residences will take
Marysville Municipal Code Title 22 UDC
Title 22D-8
place outside of buildings, the calculations shall include the land area on which these uses will take
place. (b) Using the formula in subsection (1) of this section, impact fees shall be calculated
separately for each use and each facility type. The impact fees that shall be paid are the sum of these
calculations.
(c) If a development activity will include more than one use in a building or on a site, then
the fee shall be determined using the above schedule by apportioning the space committed to the
various uses specified on the schedule.
(d) If the type of use or development activity is not specified on the impact fee schedules
in this section, the planning director shall use the impact fee applicable to the most comparable type
of land use on the fee schedules. The planning director shall be guided in the selection of a
comparable type by the most recent Standard Industrial Code Manual and the Marysville development
code. If the planning director determines that there is no comparable type of land use on the above
fee schedule then the planning director shall determine the proper fee by considering demographic or
other documentation which is available from state, local, and regional authorities.
(e) In the case of a change in use, development activity, redevelopment, or expansion or
modification of an existing use, the impact fee shall be based upon the net positive increase in the
impact fee based on either the number of dwelling units or square feet of commercial or industrial
area for the new development activity as compared to the previous development activity. The planning director shall be guided in this determination by the sources and agencies listed above. (2) Park, Recreation, Open Space or Trail Facility-Type Impact Fee Schedule.
Land Use Units Impact Fee That Shall Be Paid per Unit or S.F.
Single-family residences
(including mobile/manufactured homes, duplexes and attached single-family
homes)
1 housing
unit
$ 1,251.00
Multifamily
residences
1
housing unit
$ 884.00
Note: Land uses are defined in Chapter 22A.020 MMC.
22D.020.060 Computing required impact fees based on an independent fee
calculation study.
If a person required to pay impact fees decides not to have the impact fees determined
according to MMC 22D.020.060, then the person shall prepare and submit to the director an
independent fee calculation study for the proposed development activity. Any person can decide to
have an independent fee calculation study for one or more impact fees and use the impact fee
schedules in MMC 22D.020.060 for one or more impact fees.
(1) Any person submitting an independent impact fee calculation study shall include the fee set by
the city council for reviewing independent impact fee calculation studies. This fee may be set by
ordinance or resolution.
(2) The independent fee calculation study shall comply with the following standards:
(a) The study shall follow accepted impact fee assessment practices and methodologies
and shall be consistent with this ordinance and Chapter 82.02 RCW.
(b) The study shall use data sources which are acceptable to the planning director,
including the city‟s capital facilities element and the data shall be comparable with the uses and
intensities proposed for the proposed development activity. (c) The study shall comply with the applicable state laws governing impact fees including
RCW 82.02.060 or its successor.
(d) The study, including any data collection and analysis, shall be prepared and
documented by professionals qualified in their respective fields.
(e) The study shall show the basis upon which the independent fee calculation was made,
(3) The planning director shall consider the study and documentation submitted by the person
required to pay the impact fees, but is not required to accept the study if the planning director
determines that the study is not accurate or reliable. The planning director may, in the alternative,
require the person submitting the study to submit additional or different documentation for
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consideration. If the director decides that outside experts are needed to review the study, the
applicant shall be responsible for paying for the reasonable cost of a review by outside experts. If an acceptable independent fee calculation study is not presented, the person shall pay the impact fees
based upon the process and schedules in MMC 22D.020.060. If an acceptable independent fee
calculation study is presented, the fee may be adjusted to that appropriate to the particular
development activity.
22D.020.070 Credits and adjustments to required impact fee payments.
(1) Credits. Required impact fees shall be reduced by the following credits when applicable:
(a) The required park, recreation, open space or trail facilities impact fees shall be
reduced by the amount of any payment for park, recreation, open space or trail facilities system
improvements previously made for the lot on which the development activity will take place either as
a condition of approval or under a voluntary agreement with the city entered into after the effective
date of the ordinance codified in this chapter.
(b) After the effective date of the ordinance codified in this chapter, whenever a
development is granted approval subject to a condition that the developer actually provide sites,
facilities, or improvements for parks, recreation, open space, or trails acceptable to the city, or
whenever the developer has agreed, pursuant to the terms of a voluntary agreement with the city, to
provide land, parks capital facilities, or to improve existing facilities, the developer shall be entitled to a credit for up to the value of the land or up to the actual cost of construction against the impact fee that would be chargeable under MMC 22D.020.060 or 22D.020.070,
(i) The land value or cost of construction shall be estimated at the time of
approval and shall be based on acceptable evidence and documentation. The evidence and
documentation shall be reviewed and, if acceptable, approved by the planning director. When land is
proposed for dedication, the person required to pay impact fees shall present either an MAI appraisal
or evidence of the assessed value as determined by the county assessor‟s office. If construction costs
are estimated, the documentation shall be confirmed after the construction is completed to assure that
an accurate credit amount is provided. If the land value or construction cost is less than the calculated
fee amount, the difference remaining shall be chargeable as an impact fee for the facility for which the
land, system facilities, or improved system facilities where provided.
(ii) In certain cases a park, recreation, open space or trail system improvement
may function as a project improvement. Where a system improvement functions as a project
improvement, the person who is required to pay impact fees shall only receive a credit for the amount
of the improvement that functions as a parks, recreation, open space or trail system improvement.
(c) The amount of the credit for a development activity shall not exceed the amount of the impact fee the development activity is required to pay.
(d) If a development activity includes construction of park, recreation, open space or trail
facilities which meet the requirements of this subsection, then the applicant shall be entitled to a
credit for that portion of the park, recreation, open space or trail facilities impact fee to be used for
that park, recreation, open space or trail facility-type to the extent that the park, recreation, open
space or trail system satisfies the needs of the occupants of the development activity and the public.
(i) The credit shall equal:
(A) The reduction in demand by occupants of the development on the
city‟s park, recreation, open space or trail system, that is met by the facility.
(B) The reduction in demand by the general public on the city‟s park,
recreation, open space or trail system, that is met by the facility, if the facility is open to the general
public and signs at the facility notify the public that they can use the facility. To be eligible for the
credit in this subsection, the facility shall be located in an area which, based upon adopted level-of-
service standards, is lacking in needed park, recreation, open space or trail facilities. Credit under this
subsection shall not be given for the portion of any facility which provides a higher level-of-service
than that set by the level-of-service standard for that facility.
(ii) The park, recreation, open space or trail facilities shall meet the following criteria to be eligible for a credit: (A) The area or facility shall function as a park, recreation, open space or
trail system improvement and not a project improvement as defined by this chapter, either because it
is a system improvement or because it is a project improvement which relieves demand on the city‟s
park, recreation, open space or trail system.
(B) The facilities shall be equivalent to Marysville‟s adopted standards for
park, recreation, open space or trail facilities.
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(C) The park, recreation, open space or trail shall be large enough to
function as that type of park, recreation, open space or trail system to obtain a credit. (D) The city may require that legally binding covenants be recorded in the
real property records providing that the facility shall be used by the facility‟s occupants or the general
public. If these facilities are closed or converted to another use, the amount of the credit in current
dollars shall be paid to the Marysville finance department or its designee or successor before the
facilities are closed or converted.
(2) Adjustments. The director may adjust the required impact fees where the director determines
one of the following circumstances exists and the discount included in the impact fee formula fails to
adjust for the error in the calculation or to ameliorate the unfairness of the fee:
(a) The person required to pay the impact fee demonstrates that an impact fee was
incorrectly computed.
(b) The person required to pay the impact fee demonstrates that unusual circumstances
make the standard impact fee applied to the development unfair or unjust. These circumstances shall
not be circumstances generally applicable to similar types of land uses or generally applicable to
development activities in that vicinity. Unusual circumstances may include that the development
activity will have substantially less impact on the system improvement than the other development
activities in the category.
(3) Any claim of a credit or adjustment shall be made no later than the time of application for a building permit. If a building permit is not required for the development activity, the claim may be made when the fee is tendered. Any claim not made when required by this section shall be deemed
waived.
22D.020.080 Appeals and payments under protest.
(1) Any decision made by the planning director, his or her designee, in the course of administering
this chapter may be appealed in accordance with the procedures for appealing the underlying permit
and shall not be subject to a separate appeal process. This shall include the requirement to pay impact
fees. Where no other appeal process is provided, an appeal may be made as an appeal of an
administrative decision, pursuant to Title 22G MMC. Any errors in the formula for calculating the
impact fee shall be referred to the mayor and city council for possible modification.
(2) Impact fees may be paid under written protest to obtain a building permit or other approval or
permit.
22D.020.090 Impact fee accounts and disbursements.
(1) The city of Marysville finance department shall identify the funds collected as to the person paying them, the date paid, and the type of impact fee paid. The finance department shall deposit the
fees in special interest-bearing accounts. A separate account shall be established for each type of
impact fee. All interest shall be retained in the account and expended for the purposes for which the
impact fee was imposed. While maintaining fees in separate accounts, pooled investments may be
used.
(2) Park, recreation, open space or trail impact fees shall only be expended on system
improvements which are included in the capital facilities chapter of the comprehensive plan.
(3) For system improvements included in the capital facilities chapter, impact fees may be
expended on facility planning; land acquisition; site improvements; application fees; necessary off-site
improvements; required mitigation; construction, engineering, architectural, permitting, financing, and
administrative expenses; relocatable facilities; capital equipment; repayment of system improvement
costs previously incurred by the city to the extent that new growth and development will be served by
the system improvements; and any other expenses which could be capitalized and are consistent with
the capital facilities element.
(4) In the event that bonds or similar debt instruments are issued for the advanced provision of
system improvements for which impact fees may be expended and where consistent with provisions of
the bond covenants, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section.
(5) Impact fees shall be expended or encumbered for a permissible use within six years of the
date they are received by the city of Marysville finance department unless the city council makes
written findings that there exists an extraordinary and compelling reason for fees to be held longer
than six years.
Marysville Municipal Code Title 22 UDC
Title 22D-11
22D.020.100 Impact fee refunds.
(1) All requests for impact fee refunds shall be made by the owner of the property on which the impact fee was paid and shall be made in writing. The written request shall be submitted to the city of
Marysville finance department or its successor, if the city holds the funds. The written request shall be
received within one year of the date the right to the claim for the refund arises. Notwithstanding any
other provision of this section, where notice of eligibility of a refund is required by subsection (2)(b) of
this section, the written request shall be received within one year of the date on which the city mails
the notice that the person may be eligible for a refund.
(2) Refunds of Unencumbered Impact Fees.
(a) The current owner of property on which impact fees have been paid may apply for and
receive a refund of these fees if the impact fees have not been expended or encumbered within the
time limits in MMC 22D.020.090(5) unless the city council has extended the six-year period by finding
that there is an extraordinary and compelling reason to hold such fees for a longer period. Refunds of
impact fees under this subsection (2) shall include any interest earned on the impact fees by the city.
In determining whether impact fees have been encumbered, impact fees shall be considered
encumbered on a first-in, first-out basis.
(b) If the city holds impact fees beyond the time limits set in MMC 22D.020.090(5), the
city shall notify potential claimants by first class mail deposited with the United States Postal Service
addressed to the owner of the property as shown in the county tax records or a commercial compendium of the tax records. (c) Any impact fees that are not expended within the time limits in MMC 22D.020.090(5)
and for which no application for a refund has been made within the one-year period set by subsection
(1) of this section shall be retained and expended on the system improvements for which the impact
fees were imposed.
(3) Refunds of Impact Fees for When Development Does Not Proceed. Any person who was
required to pay impact fees may request and shall receive a refund, including interest earned on the
impact fees, when both of the following conditions are met:
(a) A final inspection is not requested for the building or, if no building is being
constructed as part of the development activity, if the use is not started.
(b) No impact has resulted on the park, recreation, open space or trail facilities. “Impact”
shall be deemed to include cases where the city has expended or encumbered the impact fees in good
faith before the application for the refund. In the event that the city has expended or encumbered the
fees in good faith no refund shall be given. However, if within a period of five years the same or
subsequent owner of the property proceeds with the same or substantially similar development
activity, the owner shall be eligible for a credit. The owner shall request the credit in writing by the deadline set for claiming credits and shall provide receipts for the impact fees paid by the owner for a
development activity of the same or substantially similar nature on the same property or some part of
the property. The planning director shall determine whether to grant a credit, and a decision to deny a
credit request may be appealed as an appeal of an administrative decision pursuant to Chapter
22G.010 MMC.
(4) See RCW 82.02.080 or its successor for rules on the termination of impact fee requirements.
(5) The interest due on the refund of impact fees required by this chapter or RCW 82.02.080 or its
successor shall be calculated according to the average rate received by the city on invested funds
throughout the period during which the impact fees were retained by that local government.
22D.020.110 Annual impact fee report.
Each year, the city of Marysville finance department shall prepare a report on each impact fee
account showing the source and amount of all moneys collected, earned, or received and the system
improvements that were financed in whole or in part by the impact fees. This report may be part of an
existing annual report or a separate report.
22D.020.120 Periodic review of fee schedules. The city council shall review the fee schedules in MMC 22D.020.060 at least once every four years.
22D.020.130 Formula for determining park, recreation, open space or trail
impact fees.
(1) The park, recreation, open space or trail impact fees for MMC 22D.020.060(2) shall be the
developer fee obligation (F) calculated using the formula and table in this section.
Marysville Municipal Code Title 22 UDC
Title 22D-12
(2) The impact fee service area for park, recreation, open space or trail impact fees shall be the
entire city of Marysville. (3) Separate fees shall be calculated for single-family residences, multifamily residences, offices,
retail trade, manufacturing, and other uses. For the purposes of this chapter, mobile homes or
manufactured homes, duplexes and single-family attached dwellings shall be treated as single-family
residences.
(4) The schedule of fees set forth in MMC 22D.020.050(2) shall be adjusted annually beginning
January 1, 2001, based upon the change in the Consumer Price Index (CPI-U) for the Seattle-Everett
area for the preceding 12 months for which such CPI data is available.
Formulas for Determining Park, Recreation, Open Space or Trail Impact Fees:
For assessing impacts of residential properties, the capital facility plan is used as the basis for
the fee calculation.
IF:
A = Parks, recreation, open space or trails capital facility program.
B = City of Marysville contribution.
C = Percent of total park use demanded by land use category.
D = Projected growth by number of units per land use category. F = Developer fee obligation.
THEN:
F = [(A – B) x C]/D
22D.020.140 Severability.
If any section, subsection, sentence, clause, phrase or word of this chapter 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 chapter.
22D.020.150 No special duty created.
It is the purpose of this chapter to provide for the health, welfare and safety of the general
public, and not to create or otherwise establish or designate any particular class or group of persons
who will or should be especially protected or benefited by the terms of this chapter. No provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its
officers, agents, or employees for whom the implementation or enforcement of this chapter shall be
discretionary and not mandatory.
Nothing contained in this chapter is intended to be, nor shall be construed to create or form
the basis for, any liability on the part of the city or its officers, agents and employees for any injury or
damage resulting from the failure of any premises to abate a nuisance or to comply with the
provisions of this chapter or be a reason or a consequence of any inspection, notice or order, in
connection with the implementation or enforcement of this chapter, or by reason of any action of the
city related in any manner to enforcement of this chapter by its officer, agents or employees.
22D.020.160 Emergency.
In light of the rapid rate of development in the city of Marysville and Snohomish County and
the need to provide adequate parks, recreation, open space and trail facilities to serve development,
an emergency is hereby declared to exist due to the fiscal impacts of delay on the city and in order to
preserve the public health, safety and welfare.
Marysville Municipal Code Title 22 UDC
Title 22D-13
Chapter 22D.030 TRAFFIC IMPACT FEES AND MITIGATION
Sections:
22D.030.010 Findings. ...................................................................................13
22D.030.020 Declaration of purpose. ...............................................................13
22D.030.030 Relationship to environmental impacts. .........................................14
22D.030.040 Definitions. ................................................................................14
22D.030.050 Road Policy – General Provisions ..................................................16
22D.030.060 Traffic Study ..............................................................................18
22D.030.070 Determination and Fulfillment of Road System Obligations ...............18
22D.030.080 Appeals .....................................................................................24
22D.030.090 Severability and Duty ..................................................................24
22D.030.010 Findings.
It is hereby found that the acquisition, construction, and improvement of roads to serve new
developments in the city of Marysville is a major burden upon city government; that the city is
experiencing a rapid, large-scale increase in intensity of land use and in population growth; that rapid
growth creates large “front-end” demands for city services, including roads, and causes increased road
usage; that existing and projected city funds are not adequate to meet the public‟s projected road needs; that failure to ensure that road improvements are made as traffic increases causes severe safety problems, impedes commerce and interferes with the comfort and repose of the public; and
that the provisions of this title are necessary to preserve the legislature‟s intent that the city, in the
exercise of reasonable discretion, retain ultimate responsibility for city services, and its financial
integrity.
It is further found that the city has the power under existing law to condition development and
require road improvements reasonably related to the traffic impact of a proposed development, and
that it is appropriate and desirable to set out in this title what will be required of developments, and to
establish hereby a uniform method of treatment for similar development impact on road systems.
It is further found that the state Growth Management Act (GMA) and RCW 36.70A.070(6)(e) require
that “local jurisdictions must adopt and enforce ordinances which prohibit development approval if the
development causes the level-of-service on a transportation facility to decline below the standards
adopted in the transportation element of the comprehensive plan, unless transportation improvements
or strategies to accommodate the impacts of development are made concurrent with the
development” and that “For the purposes of this subsection [RCW 36.70A.070(6)], „concurrent with
development‟ shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.”
It is further found that this title is consistent with and implements the comprehensive plan adopted
pursuant to Chapter 36.70A RCW.
It is further found that the total benefits of certain transportation demand management
measures in reducing marginal trips are projected to significantly outweigh the total costs.
It is further found and declared that the regulations contained in this title are necessary for the
protection and preservation of the public health, safety and general welfare.
22D.030.020 Declaration of purpose.
The purpose of this title is to ensure that public health, safety and welfare will be preserved by
having safe and efficient roads serving new and existing developments by requiring all development,
as defined in MMC 22D.030.040(10), to mitigate traffic impacts, which may include a proportionate
share payment reasonably related to the traffic impact of the proposed development and construction
of road improvements and dedication of rights-of-way reasonably necessary as a result of the direct
traffic impact of proposed developments.
This title is intended to ensure that city policy for the provision of safe and adequate access
and the allocation of responsibility for immediate or future road improvements necessitated by new development is fairly and consistently applied to all developments. The requirements of this title apply to all developments and road systems meeting the definitions of MMC 22D.030.040. Mitigation of
impacts on state highways, city streets or county roads will be required in accordance with the
provisions of this title when the WSDOT, city or county has reviewed the development‟s impact under
its policies adopted pursuant to Chapter 36.70A RCW or its formally designated environmental
policies, as applicable, and has recommended to the city that there be a requirement to mitigate the
impact; and in the event of traffic impacts on state highways or county roads there is an agreement
Marysville Municipal Code Title 22 UDC
Title 22D-14
between the city and the other affected agency or jurisdiction which specifically addresses impact
identification, documentation, and mitigation, and which references the policies adopted pursuant to Chapter 36.70A RCW and environmental policies formally designated by the agency or jurisdiction as
possible bases for the exercise of authority under Chapter 36.70A RCW or State Environmental Policy
Act (SEPA).
This title requires the analysis and mitigation of a development‟s traffic impact on the public
road system. In order to quantify the continuing need for road improvements on the public road
system anticipated by projected growth, the public works department is authorized to develop and
update a capital facilities element of the comprehensive plan based on and consistent with the
comprehensive plan‟s transportation element. The capital facilities element shall be used in evaluating
the traffic impact of developments and determining necessary mitigation of such impacts.
22D.030.030 Relationship to environmental impacts.
The requirements of this title, together with the comprehensive plan adopted pursuant to
Chapter 36.70A RCW and Title 22 MMC, and other development regulations and policies that may be
adopted, constitute the policy of the city under the GMA and SEPA for the review of development and
the determination of significant adverse environmental impacts and imposition of mitigation
requirements due to the impacts of development on the transportation system. Measures required by
this title shall constitute adequate mitigation of adverse or significant adverse environmental impacts on the road system for the purposes of Chapter 22E.030 MMC to the extent that the director determines the specific impacts of the development are adequately addressed by this title in
accordance with Chapter 43.21C RCW as allowed by Chapter 36.70B RCW.
As a policy of the city, the provisions of this title do not limit the ability of the approving
authority to impose mitigation requirements for the direct impacts of development on state highways,
or county streets, where the other affected jurisdiction lies outside the road system of a development,
as defined by this title; provided, that there is an agreement between the city and another affected
jurisdiction which specifically addresses level-of-service standards, impact identification,
documentation, and mitigation, and which references the environmental policies formally designated
by the agency or jurisdiction and it is determined that an adverse environmental impact would result
from the approval of a development without the imposition of such additional mitigation measures.
In accordance with RCW 43.21C.065 and 82.02.100, a person required to make a proportionate share
mitigating payment under a SEPA payment program or pay an impact fee under a GMA mandatory
impact fee program shall only be required to make a payment or pay a fee pursuant to either SEPA or
the GMA, but not both for the same system improvements.
22D.030.040 Definitions.
(1) “Approving authority” means the city employee, agency or official having authority to issue
the approval or permit for the development involved.
(2) “Arterial unit” means a road, segment of a road, or portion of a road or a system of roads, or
intersection, consistent with the level-of-service methodology adopted in the city transportation
element of the comprehensive plan and consistent with the criteria established by the director, for the
purpose of making level-of-service concurrency determinations.
(3) “Arterial unit in arrears” means any arterial unit operating below the adopted level-of-service
standard adopted in the transportation element of the comprehensive plan, except where
improvements to such a unit have been programmed in the city six-year transportation improvement
program adopted pursuant to RCW 36.81.121 with funding identified that would remedy the deficiency
within six years.
(4) “Capacity improvements” means any improvements that increase the vehicle and/or people
moving capacity of the road system.
(5) “Capital facilities plan” means all documents comprising the capital facilities element of the
comprehensive plan that, for capital facilities, consists of an inventory of facilities owned by public
entities, forecasts of future needs, new and expanded facilities, and a multi-year financing plan, adopted pursuant to Chapter 36.70A RCW. (6) “Comprehensive plan” means the generalized, coordinated land use policy statement of the
city council adopted pursuant to Chapter 36.70A RCW which may include a land use plan, a capital
facilities plan, a transportation element, subarea plans and any such other documents or portions of
documents identified as constituting part of the comprehensive plan under Chapter 36.70A RCW.
(7) “Dedication” means conveyance of land to the city for road purposes by deed or some other
instrument of conveyance or by dedication on a duly filed and recorded plat or short plat.
Marysville Municipal Code Title 22 UDC
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(8) “Department” means either the city of Marysville public works or community development
department, whichever department is relevant to the city action being referred to in this title. (9) “Developer” means the person applying for or receiving a permit or approval for a
development as defined in MMC 22D.030.040(10).
(10) “Development” means all the subdivisions, short subdivisions, industrial or commercial
building permits, conditional use permits, binding site plans (including those associated with rezone
applications), or building permits (including building permits for multifamily and duplex residential
structures, and all similar uses), changes in occupancy and other applications pertaining to land uses
that:
(a) Require land use permits or approval by the city of Marysville; or
(b) Which are located in areas of the county or other cities and which will impact the city
of Marysville‟s public road system.
“Development” does not include building permits for single-family residential dwellings,
attached or detached accessory apartments, or duplex conversions, on existing tax lots.
(11) “Direct traffic impact” means any new vehicular trip added by new development to its road
system as defined in MMC 22D.030.040(20).
(12) “Director” means the director of the city of Marysville department of either public works or
community development or his/her authorized designee, whichever director is relevant to the city
action being referred to in this title. (13) “Frontage improvements” means improvements on roadways abutting a development and tapers thereto required as a result of a development. Generally, frontage improvements shall consist
of appropriate base materials; curb, gutter, sidewalk; storm drainage improvements; bus pullouts and
waiting areas where necessary; bicycle lanes and bicycle paths where applicable; and lane
improvements.
(14) “Highway capacity manual” means the current Highway Capacity Manual, Transportation
Research Board, National Research Council, 2101 Constitution Avenue, Washington, D.C.;
amendments thereto; and any supplemental editions or documents published by the Transportation
Research Board adopted by the U.S. Department of Transportation, Federal Highway Administration.
(15) “Inadequate road condition” means any road condition, whether existing on the road system
or created by a new development‟s access or impact on the road system, which jeopardizes the safety
of road users, including nonautomotive users, as determined by the city engineer in accordance with
the department policy and procedure for the determination of inadequate road conditions.
(16) “Level-of-service (LOS)” means a qualitative measure describing operational conditions within
a traffic stream, and the perception thereof by road users. Level-of-service standards may be
evaluated in terms such as speed and travel time, freedom to maneuver, traffic interruptions, comfort, convenience, geographic accessibility, and safety. The highway capacity manual defines six levels of
service for each type of facility for which analysis procedures are available. They are given letter
designations, from A to F, with level-of-service A representing the best operating condition, and level-
of-service F the worst. For the purposes of this title, level-of-service will be measured only on arterial
units.
(17) “Off-site road improvement” means improvement, except a frontage improvement, to an
existing or proposed city or county road outside the boundaries of a development, which improvement
is required or recommended in accordance with this title.
(18) “Public agency” means any school district, public water, sewer or utility district; fire district;
airport district; public transportation benefit area; or local government agency seeking a land use
permit or approval reviewed under this title.
(19) “Road” means an open, public way for the passage of vehicles that, where appropriate, may
include pedestrian, equestrian and bicycle facilities. Limits include the outside edge of sidewalks, or
curbs and gutters, paths, walkways, or side ditches, including the appertaining shoulder and all slopes,
ditches, channels, waterways, and other features necessary for proper drainage and structural stability
within the right-of-way or access easement.
(20) “Road system” means those existing or proposed public roads, whether state, county or city (including freeway interchanges with county roads or city streets and the ramps for those interchanges but excluding freeway mainlines), within the transportation service area.
(21) “Transportation element” means the element of the city comprehensive plan that for
transportation consists of goals and policies, an inventory of facilities and services, adopted level-of-
service standards, an analysis of deficiencies and needs, system improvements and management
strategies and a multi-year financial plan, adopted pursuant to Chapter 36.70A RCW.
Marysville Municipal Code Title 22 UDC
Title 22D-16
(22) “Transportation service area” means a geographic area of the city, as defined in the
transportation element, identified for the purpose of evaluating the transportation impacts of development, determining proportionate shares of needed transportation improvements and allocating
revenue to transportation improvement projects.
(23) “WSDOT” means the Washington State Department of Transportation.
22D.030.050 Road Policy – General Provisions
(1) Applicability to development – General.
Any application for approval of a permit for a development in the city of Marysville is subject
to the provisions of this title.
(2) Director’s recommendation, approval.
(a) In approving or permitting a development, the approving authority shall consider the
director‟s recommendations and act in conformity with this title.
(b) The director shall only recommend approval of a development if, in the director‟s
opinion, adequate provisions for public roads, access, and mitigation of the transportation impacts of
the development are made as provided in the city‟s development regulations, SEPA, and this title.
(c) The director shall only recommend approval of a development if the development is
deemed to be concurrent in accordance with MMC 22D.030.070(5).
(3) Excessive expenditure of public funds. If the location, nature, and/or timing of a proposed development necessitates the expenditure of public funds in excess of those currently available for the necessary road improvement or
inconsistent with priorities established to serve the general public benefit, and provision has not
otherwise been made to meet the mitigation requirements as provided in this title, the city may refuse
to approve or grant a permit for development. As an alternative, the city may allow the developer to
alter the proposal so that the need for road improvement is lessened or may provide the developer
with the option of bearing all or more than the development‟s proportionate share of the required road
improvement costs, in which case the developer may attempt to recover its investment from
subsequent developers whose projects utilize the road improvement.
(4) Development mitigation obligations.
Any application for approval of a permit for a development shall be reviewed to determine any
requirements or mitigation obligations that may be applicable for the following:
(a) Impact on road system capacity;
(b) Impact on specific level-of-service deficiencies;
(c) Impact on specific inadequate road condition locations;
(d) Frontage improvements requirements; (e) Access and transportation system circulation requirements;
(f) Dedication or deeding of rights-of-way requirements;
(g) Impact on state highways, and other cities‟ and counties‟ roads;
(h) Transportation demand management measures.
(5) Road system capacity requirements.
The direct traffic impacts of any development on the capacity of all arterials and nonarterials
in the road system identified as needing future capacity improvements in the currently adopted
transportation element will be mitigated either by constructing road improvements which offset the
traffic impact of the development or by paying the development‟s share of the cost of the future
capacity improvements.
(6) Level-of-service standards.
(a) As required by RCW 36.70A.070(6)(b), standards for levels-of-service on city arterials
have been adopted by the city in its comprehensive plan adopted pursuant to the State Growth
Management Act. The department will plan, program and construct transportation system capacity
improvements for the purpose of maintaining these adopted level-of-service standards in order to
facilitate new development that is consistent with the city‟s comprehensive plan.
(b) In accordance with RCW 36.70A.070(6)(e), no development will be approved which would cause the level-of-service on any arterial unit to fall below the adopted level-of-service standards unless improvements are programmed and funding identified which would remedy the
deficiency within six years.
(c) When the city council determines that excessive expenditure of public funds is not
warranted for the purpose of maintaining adopted level-of-service standards on an arterial unit, the
city council may designate, by motion, such arterial unit as being at ultimate capacity. Improvements
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needed to address operational and safety issues may be identified in conjunction with such ultimate
capacity designation. (d) Level-of-service standards for arterial units which have been designated by the city
council as ultimate capacity arterial units, and that directly connect state routes with a city, may be
determined jointly by the state, county and city through an interlocal agreement.
(e) In order to promote efficiency in the transportation system and to maximize the
benefits received from public investment through increased use of transit, ridesharing, and
nonmotorized transportation, all new developments in the urban area shall provide a projection of
sufficient transportation demand management measures to remove a minimum of five percent of a
development‟s p.m. peak-hour trips from the road system.
(7) Inadequate pre-existing road conditions.
(a) Mitigation of impacts on inadequate pre-existing road conditions is required in order to
improve inadequate roads in accordance with adopted standards, prior to dealing with the impacts of
traffic from new development. If such inadequate conditions are found to be existing in the road
system at the time of development application review and the development will put three or more
p.m. peak-hour trips through the identified locations, the development will be approved only if
provisions are made in accordance with MMC 22D.030.070 for improving the inadequate road
conditions.
(b) The director or his/her authorized designee, in accordance with the department policy and procedure, will make determinations of road inadequacy for determination of inadequate road conditions.
(8) Frontage improvements.
All developments will be required to make frontage improvements in accordance with MMC
12.02A.090.
(9) Access and transportation circulation requirements.
All developments shall be required to provide for access and transportation circulation in
accordance with the comprehensive plan and the development regulations applicable to the particular
development, to design and construct such access in accordance with the adopted engineering design
and development standards, and to improve existing roads that provide access to the development in
order to comply with adopted design standards. Access to state highways and city roads shall be in
accordance with the applicable state or city standards and requirements.
(10) Right-of-way requirements.
As provided for by RCW 82.02.020, all developments, as a condition of approval, will be
required to deed or dedicate property, as appropriate pursuant to MMC 12.02A.110, when to do so is
found by the director or a city hearing entity to be reasonably necessary as a direct result of the proposed development, for improvement, use or maintenance of the road system serving the
proposed development.
(11) State highways, cities, and counties.
(a) Any level-of-service standards and concurrency requirements established in
accordance with RCW 36.70A.070 for state highways will be addressed by a letter of understanding or
an interlocal agreement between the city and WSDOT. All developments will be required to mitigate
impacts that are under the jurisdiction of the WSDOT that are part of the transportation service area.
The mitigating measures recommended by WSDOT will be imposed as a condition of development
approval to the extent that such requirements are reasonably related to the impact of the proposed
development and consistent with the terms of a letter of understanding or an interlocal agreement
between the city and WSDOT.
(b) Any level-of-service standards and concurrency requirements established in
accordance with RCW 36.70A.070 for roads under the jurisdiction of other cities or the county will be
addressed by an interlocal agreement between the city and the other city or county. The measures
recommended by the county or other city will be imposed as a condition of development approval to
the extent that such requirements are reasonably related to the impact of the proposed development
and consistent with the terms of an interlocal agreement between the city and the other agency. (12) Director authorization for administrative policies and technical procedures. The director is hereby authorized to produce and maintain administrative policies and technical
procedures in order to administer this title. The policies and procedures shall cover the various aspects
of processing land use applications and shall set forth any necessary procedural requirements for
developers to follow in order for their applications to be processed by staff in an efficient manner. The
director shall produce administrative policies and technical procedures on at least the following topics:
(a) Traffic studies: scoping, elements, processing;
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(b) Level-of-service determination: methodology, data collection;
(c) Transit compatibility: transit supportive criteria; (d) Inadequate road conditions: criteria for identification;
(e) Frontage improvements: standards, variables;
(f) Mitigation measures: extent, timing, agreements.
(13) Development permit application completeness.
For purposes of this title, permit applications for development shall be determined to be
complete in accordance with the complete application provisions as defined in the applicable
development regulations in accordance with Chapter 36.70B RCW. A development permit application
shall not be considered complete until all traffic studies or data required in accordance with MMC
22D.030.060 and/or specified in the preapplication meeting required by MMC 22G.010.030 are
received. Review periods and time limits shall be as established in Chapter 22G.010 MMC in
accordance with RCW 36.70A.065 and 36.70A.440 as recodified by ESHB 1724, Chapter 347, Laws of
1995.
22D.030.060 Traffic Study
(1) When required.
In order to provide sufficient information to assess a development‟s impact on the road
system, developments adding three or more p.m. peak-hour trips will be required to provide a traffic study when it has been determined at the presubmittal meeting that there is not sufficient information existing in the department‟s database to adequately assess the traffic impacts of the development.
The traffic study will consist of at least a traffic generation and distribution. The director may require
that additional information be provided on impacts of the development to level-of-service of affected
streets, inadequate road conditions, adequacy of the proportionate share calculations of any voluntary
payments required under this title to reasonably or adequately mitigate for impacts of the proposed
development, and conformance with the adopted transportation element. The director shall determine
at the preapplication conference the need for a study and the scope of analysis of any needed study.
The director shall also determine if the traffic study may rely on the Institute of Transportation
Engineers (ITE) Trip Generation Manual.
If, in the opinion of the director, there is sufficient information known about a development‟s
road system from previous traffic studies, the director may waive the requirement for a traffic study
and so state the finding in the preapplication meeting. In such cases, the existing information will be
used to establish any necessary traffic mitigation requirements to be recommended in the review of
the development.
22D.030.070 Determination and Fulfillment of Road System Obligations
(1) Determination of developer obligations.
(a) Applications which have a prior SEPA threshold determination establishing developer
obligation for the transportation impacts at time of enactment of the ordinance codified in this title
shall be vested under the development obligation identified under SEPA.
(b) A determination of developer obligation shall be made by the city before approval of
preliminary plats, short subdivisions, and conditional use permits. For binding site plans (including
those associated with rezone applications) and commercial permits, the determination of developer
obligation shall be made prior to issuance of a building permit.
(c) Mitigation measures imposed as conditions of approval of conditional use permits or
binding site plans shall remain valid until the expiration date of the concurrency determination for a
development. Any building permit application submitted after the expiration date shall be subject to
full reinvestigation of traffic impacts under this title before the building permit can be issued.
Determination of new or additional impact mitigation measures shall take into consideration, and may
allow credit for, mitigation measures fully accomplished in connection with approval of the conditional
use permit, the binding site plan, or prior building permits pursuant to a binding site plan, only where
those mitigation measures addressed impacts of the current building permit application. (d) The director, following review of any required traffic study and any other pertinent data, shall inform the developer in writing what the development‟s impacts and mitigation obligations
are under this title. The developer shall make a written proposal for mitigation of the development‟s
traffic impact, except when such mitigation is by payment of any impact fee under the authority
provided to the city under RCW 82.02.050(2). When the developer‟s written proposal has been
reviewed for accuracy and completeness by the director, the director shall make a recommendation to
the community development department, as to the concurrency determination and conditions of
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approval or reasons for recommending denial of the land use application, citing the requirements of
this title. (e) For developments which require a public hearing, a developer must submit a written
proposal to the director for mitigation of the development‟s traffic impact, except where such
mitigation is by payment of any impact fee under the authority provided to the city under RCW
82.02.050(2). The written proposal must be submitted after any required traffic study has been
reviewed and the director has stated the mitigation requirements pursuant to this chapter.
(f) Any request to amend a proposed development, following the determination of
developer obligations and approval of the development, which causes an increase in the traffic
generated by the development, or a change in points of access, shall be processed in the same
manner as an original application and determined to be a substantial project revision, except where
written concurrence is provided by the community development director that such request may be
administratively approved.
(2) Road system capacity requirements.
(a) All developments must mitigate their impact upon the future capacity of the road
system either by constructing off-site road improvements which offset the traffic impact of the
development or by paying the development‟s proportionate share cost of the future capacity
improvements as set forth in MMC 22D.030.070(3).
(b) Construction Option – Requirements. (i) If a developer chooses to mitigate the development‟s impact to the road system capacity by constructing off-site road improvements, the developer must investigate the
impact, identify improvements, and offer a construction plan to the director for construction of the off-
site improvements.
(ii) In cases where two or more developers have agreed to fully fund a certain
improvement the proportionate sharing of the costs shall be on any basis that the developers agree
among themselves would be equitable. Under such an arrangement, the terms of the agreement shall
be binding on each development as conditions of approval.
(iii) Any developer who volunteers to construct more than the development‟s share
of the cost of off-site improvements may apply for a reimbursement contract.
(c) Payment Option – Requirements.
(i) If a developer chooses to mitigate the development‟s impact by making a
proportionate share mitigating payment, the development‟s share of the cost of future capacity
improvements will be equal to the development‟s peak-hour traffic (PHT) times the per-trip amount as
identified in the transportation element of the comprehensive plan, as codified below.
(ii) If a developer chooses to mitigate the development‟s impact by making a proportionate share mitigating payment, the payment is required prior to building permit issuance
unless the development is a subdivision or short subdivision, wherein the payment is required prior to
the recording of the subdivision or short subdivision.
(iii) Any developer who volunteers to pay more than the development‟s share of
the cost of off-site improvements may apply for a reimbursement contract.
(3) Traffic impact fee.
(a) The proportionate share fee amount shall be calculated in accordance with the formula
established in Table I below:
Table I:
A. Formula
Step 1. Calculate total transportation plan costs (20-year).
Step 2. Subtract costs assigned to other agencies = total city of Marysville costs.
Step 3. Subtract city-funded noncapacity projects from total city of Marysville costs.
Step 4. Subtract LID or other separate developer funding sources = capacity added projects.
Step 5. Subtract city share for external capacity added traffic.
Step 6. Calculate applied discount.
The fee amount resulting from Step 5 is the required traffic impact fee payment.
(b) Data needed for calculation of the fee amount shall be provided in the adopted
transportation element and street capital facility plan contained within the adopted city comprehensive
plan, which data shall be updated at least annually.
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(4) Traffic impact fee exemption.
(a) Traffic Impact Fee Exemption Established. Pursuant to RCW 82.02.060(2) and (4) there is hereby established an exemption from the traffic impact fee set forth in MMC 22D.030.070(3)
for development activity which meets the criteria of subsection (c) of this section.
(b) Application for Traffic Impact Fee Exemption. Any developer applying for or receiving
a building permit which meets the criteria set forth in subsection (c) of this section may apply to the
director of public works or designee for an exemption from the traffic impact fee established pursuant
to MMC 22D.030.070(3). Said application shall be on forms provided by the city and shall be
accompanied by all information and data the city deems necessary to process the application. To the
extent it is authorized by law the city shall endeavor to keep all proprietary information submitted with
said application confidential; provided, however, this section shall not create or establish a special
duty to do so.
(c) Exemption Criteria. To be eligible for the traffic impact fee exemption established by
this section, the applicant shall meet each of the following criteria:
(i) The applicant must be a new commercial retail business in the Marysville city
limits. For purposes of this section, “new commercial retail business” shall mean any business which
sells retail goods and services which are subject to the retail sales tax provisions of Chapter 3.84 MMC
and which applies for a building permit and which is subject to payment of traffic impact fees pursuant
to this title. (ii) Based on similar store sales or other reliable data, as determined by the city, the applicant must demonstrate that it is likely to generate to the city of Marysville average annual
city of Marysville portion sales and use tax revenue of at least $200,000 based upon the three-year
period commencing from date of certificate of occupancy.
(iii) The applicant must be a new retail business located within one of the following
prescribed land use zones: light industrial (LI), general commercial (GC), community business (CB),
mixed use (MU), downtown commercial (DC).
(d) Administration of Traffic Impact Fee Exemption.
(i) Upon acceptance of an application for exemption from traffic impact fees
pursuant to subsection (b) of this section, the applicant shall pay to the city the full amount of the
traffic impact fees required pursuant to MMC 22D.030.070(3). Following receipt of the traffic impact
fees the city shall deposit and manage the fees as set forth in subsection (e) of this section. At the
expiration of a three-year period commencing from the date of issuance of a certificate of occupancy
the public works director, with the assistance of the city finance director shall determine if the average
annual city of Marysville portion sales and use tax revenue received by the city meets the minimum
amount stated in subsection (c)(ii) of this section. The determination shall be based upon the sales tax reporting requirements of Chapter 3.84 MMC as it now reads or is hereafter amended.
(ii) In the event the three-year average annual city of Marysville portion sales and
use tax revenue criteria of subsection (c)(ii) of this section has been met as determined by the
director of public works, there shall be an exemption of 50 percent from the traffic impact fees
otherwise due pursuant to MMC 22D.030.070(3). In such case, 50 percent of the amount paid to the
city pursuant to subsection (d)(i) of this section shall be refunded to the applicant, plus any accrued
interest. The remainder of the funds deposited pursuant to subsection (d) of this section shall belong
to the city and shall be released to the city.
(iii) In the event the three-year average annual city of Marysville portion sales and
use tax revenue criteria of subsection (3)(b) of this section has not been met, the traffic impact fee
required under MMC 22D.030.070(3) shall immediately belong to and shall be released to the city;
provided, however, in cases where the applicant has met at least 75 percent of the amount set forth in
subsection (c)(ii) of this section, the applicant shall receive a partial exemption which shall result in a
refund of 25 percent of the amount paid to the city pursuant to subsection (d) of this section plus any
accrued interest. The remainder of the funds deposited pursuant to subsection (d) of this section shall
belong to the city and shall be released to the city.
(iv) In cases where the applicant has not met either the three-year annual sales and use tax revenue of subsection (c)(ii) of this section or 75 percent thereof, all traffic impact fees paid pursuant to MMC 22D.030.070(3) shall belong to the city.
(e) Deposit and Management of Traffic Impact Fees. Traffic impact fees paid by an
applicant pursuant to this section and the provisions of MMC 22D.030.070(3) shall be deposited by the
city into a separate interest bearing account with any qualified public depository for local government
as determined by the city. The account holder shall be the city of Marysville. The city may at its option
withdraw up to 50 percent of said funds at any time for uses authorized by this title. All other funds
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deposited in that account shall be used exclusively for payment of refunds to eligible applicants
pursuant to subsection (d) of this section and balances, if any, to which the city is entitled. All refunds and interest to which an applicant is entitled shall be paid by the city within 120 days following the
three-year period following the issuance of a certificate of occupancy.
(f) Appeals. Any applicant aggrieved by the determination of the director of public works
as to whether the criteria of subsection (c) of this section have been met or the eligibility for an
exemption from MMC 22D.030.070(3) or the amount of refund to which an applicant is entitled
pursuant to subsection (d) of this section may file a written appeal to the city‟s land use hearing
examiner as established by Chapter 22G.060 MMC. The city examiner is hereby specifically authorized
to hear and decide such appeals and the decision of the hearing examiner shall be final action of the
city and subject to appeal pursuant to MMC 22G.010.540.
(h) Application of Sales and Use Tax Revenue from Businesses Which Receive an
Exemption or Partial Exemption.
(i) All sales and use tax received by the city from applicants who receive an
exemption or partial exemption from the requirements of this title shall be deposited in a special
account to be administered by the city. Said account shall be established to pay traffic impact fees
that otherwise would have been paid had an exemption or partial exemption not been granted. Said
amounts shall be expended for purposes authorized by and in accordance with the provisions of this
title and the provisions of the city‟s capital improvement plan for streets. All sales and use tax revenues in excess of the amount paid as traffic impact fees received by the city from the applicant may be deposited in the city‟s general fund and may be expended for any lawful purpose as directed
by the city council.
(ii) Special Sales Tax Account. The city shall establish by separate ordinance a
special sales tax account for the purposes set forth in subsection (h)(i) of this section.
(5) Level-of-service requirements – Concurrency determinations.
(a) The department shall make a concurrency determination for each development
application. The concurrency determination will establish whether the development will impact an
arterial unit where the level-of-service is below the adopted level-of-service standard, or cause the
level-of-service on an arterial unit to fall below the adopted level-of-service standard, unless
improvements are programmed and funding identified which would remedy the deficiency within six
years. In either case, the development will be deemed not concurrent. The approving authority shall
not approve any development that is not deemed concurrent under this section. Building permit
applications for development within an approved rezone with binding site plan, nonresidential
subdivision or short subdivision, for which a concurrency determination has been made in accordance
with this section, shall be deemed concurrent; provided, that the building permit will not cause the approved traffic generation of the prior approval to be exceeded, there is no change in points of
access, and mitigation required pursuant to the rezone with binding site plan, subdivision or short
subdivision approval is performed as a condition of building permit issuance.
(i) The department shall make a concurrency determination upon receipt of a
development‟s application submittal. The determination may change based upon revisions in the
application. Any change in the development after approval will be resubmitted to the director, and the
development will be reevaluated for concurrency purposes.
(ii) Concurrency shall expire six years after the date of the concurrency
determination, or, in the case of approved residential subdivisions, when the approval expires or when
the application is withdrawn or allowed to lapse.
(iii) Building permits for a development must be issued prior to expiration of
concurrency for the development. No additional concurrency determination shall apply to residential
dwellings within a subdivision or short subdivisions recorded in compliance with this section.
(iv) If concurrency expires prior to building permit issuance, the director shall at
the request of the developer consider evidence that conditions have not significantly changed and
make a new concurrency determination in accordance with subsection (a)(iii) of this section.
(b) In determining whether or not to deem a proposed development as concurrent, the department shall analyze likely road system impacts on arterial units based on the size and location of the development. A development shall be deemed concurrent for the period prior to the expiration
date of concurrency for the development.
(i) A development‟s forecast trip generation at full occupancy shall be the basis
for determining the impacts of the development on the road system. The city will accept valid data
from a traffic study prepared under MMC 22D.030.060.
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(c) A concurrency determination made for a proposed development under this section will
evaluate the development‟s impacts on any arterial units in arrears. (i) If a development which generates 10 or more p.m. peak-hour trips, or a
nonresidential development which generates five or more p.m. peak-hour trips, is proposed to affect
an arterial unit in arrears, then the development may only be deemed concurrent, based on a trip
distribution analysis to determine the impacts of the development. Impacts shall be determined based
on each of the following:
(A) If the trip distribution analysis indicates that the development will not
place three or more p.m. peak-hour trips on any arterial units in arrears, then the development shall
be deemed concurrent.
(B) If the trip distribution analysis indicates that the development will
place three or more p.m. peak-hour trips on any arterial unit in arrears, then the development shall
not be deemed concurrent except where the development is deemed concurrent in accordance with
the options under subsection (e) of this section.
(d) Any residential development that generates less than 10 p.m. peak-hour trips, or any
nonresidential development that generates less than 10 p.m. peak-hour trips, shall be considered to
have only minor impact on city arterials for purposes of a concurrency determination on impacts to
level-of-service on arterial units and shall be deemed concurrent.
(e) Any development not deemed concurrent shall have options available to enable the development to be deemed concurrent as follows: (i) A development which meets the department‟s criteria for transit compatibility,
in accordance with the director‟s policy and procedure for transit compatibility under MMC
22D.030.050(12), shall be deemed concurrent if the impacted arterial unit in arrears meets the
criteria for transit supportive design in accordance with the director‟s policy and procedure for transit
compatibility, and if the level-of-service on the impacted arterial unit in arrears meets the LOS
standards adopted within the comprehensive plan; and provided, that the development can be
deemed concurrent in accordance with all other provisions of subsection (c) of this section.
(ii) A development may modify its proposal to lessen its impacts on the road
system in such a way as to allow the city to deem the development concurrent under this section.
(iii) The city may deem such development concurrent based upon a written
proposal signed by the proponent of the development and attached to the director‟s recommendation
under MMC 22D.030.050(2), and referenced in the concurrency determination, as a condition of
approval.
(A) Such proposal may include conditions which would defer construction
of all or identified subsequent phases of a development until such time as the city has made or programmed capacity improvements which would remedy any arterial units in arrears.
(B) Such proposals may include conditions which would defer construction
of all or identified subsequent phases of a development until such time as the developer constructs
capacity improvements which would remedy any arterial units in arrears.
1. If a developer chooses to mitigate the development‟s impact
by constructing off-site road improvements, the developer must investigate the impact, identify
improvements, and offer a construction plan to the director for construction of the off-site
improvements. Construction of improvements shall be in accordance with the engineering design and
development standards.
2. In cases where two or more developers have agreed to fully
fund a certain improvement, the proportionate sharing of the cost shall be on any basis that the
developers agree among themselves would be equitable. Under such an arrangement, the terms of
the agreement shall be binding on each development as conditions of approval.
3. Any developer who volunteers to construct off-site
improvements of greater value than any proportionate share mitigating payment imposed under this
title to mitigate the development‟s impact on the future capacity of city roads may apply for a
reimbursement contract. 4. Any developer who chooses to mitigate a development‟s impact by constructing off-site improvements may propose to the council that a joint public/private
partnership be established to jointly fund and/or construct the proposed improvements. The director
will determine whether or not such a partnership is to be established.
5. Construction of capacity improvements under this section must
be complete or under contract prior to the issuance of any building permits and must be complete
prior to approval for occupancy or final inspection; provided, that where no building permit will be
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associated with a change in occupancy, then construction of improvements is required as a
precondition to approval. (f) Adopted Level-of-Service. The level-of-service for principal, minor, and collector
arterials at signalized intersections shall be at a LOS consistent with the transportation element of the
comprehensive plan using the operational method as a standard of review.
(6) Inadequate road condition requirements.
(a) Regardless of the existing level-of-service, development which adds three or more
p.m. peak-hour trips to an inadequate road condition existing on the road system, at the time of
determination in accordance with MMC 22D.030.070(1), or development whose traffic will cause an
inadequate road condition at the time of full occupancy of the development will only be approved for
occupancy or final inspection when provisions are made in accordance with this chapter for elimination
of the inadequate road condition. The improvements removing the inadequate road condition must be
complete or under contract before a building permit on the development will be issued and the road
improvement must be complete before any certificate of occupancy or final inspection will be issued;
provided, that where no building permit will be associated with a conditional use permit, then the
improvements removing the inadequate road condition must be complete as a precondition to
approval.
(b) The director shall determine whether or not a location constitutes an inadequate road
condition. Any known inadequate road condition to which the development adds three or more p.m. peak-hour trips shall be identified as part of the director‟s recommendation under MMC 22D.030.070(5).
(c) A development‟s access onto a public road shall be designed so as not to create an
inadequate road condition. Developments shall be designed so that inadequate road conditions are not
created.
(d) Construction Option – Requirements.
(i) If a developer chooses to eliminate an inadequate road condition by
constructing off-site road improvements, the developer must investigate the impact, identify
improvements, and offer a construction plan to the director for construction of the off-site
improvements.
(ii) In cases where two or more developers have agreed to fully fund a certain
improvement, the proportionate sharing of the costs shall be on any basis that the developers agree
among themselves would be equitable. Under such an arrangement, the terms of the agreement shall
be binding on each development as conditions of approval.
(iii) Any developer who volunteers to construct off-site improvements of greater
value than any proportionate share mitigating payment imposed under this title to mitigate the development‟s impact on the future capacity of city roads, which are contained within the cost basis,
contained within the transportation element, or which are not part of the cost basis of any
proportionate share mitigating payment imposed under this title to mitigate the development‟s impact
on the future capacity of city roads, and therefore not credited against any proportionate share
mitigating payment, may apply for a reimbursement contract.
(7) Special circumstances.
Where the only remedy to an arterial unit in arrears is the installation of a traffic signal, but
signalization warrants contained in the current edition of the Manual on Uniform Traffic Control
Devices (MUTCD) are not met at present, developments impacting the arterial unit will be allowed to
proceed without the installation of the traffic signal; provided, that all other warranted level-of-service
and transit-related improvements are made on the arterial unit within the deficient level-of-service.
Developments impacting such arterial units will not be issued building permits or occupancies
(whichever comes first) until the improvements (not including the traffic signal) to the level-of-service
deficient arterial unit are under contract or being performed. Such developments will be subject to all
other obligations as specified in this title.
(8) Administration of traffic impact fees.
(a) Any traffic impact fees made pursuant to this title shall be subject to the following provisions: (i) The traffic impact fee payment is required prior to building permit issuance
unless the development is a subdivision or short subdivision, in which case the payment shall be made
prior to the recording of the subdivision or short subdivision; provided, that where no building permit
will be associated with a change in occupancy or conditional use permit then payment is required prior
to approval of occupancy.
Marysville Municipal Code Title 22 UDC
Title 22D-24
(ii) The traffic impact fees shall be held in a reserve account and shall be
expended to fund improvements on the road system. (iii) An appropriate and reasonable portion of traffic impact fees collected may be
used for administration of this title.
(iv) The fee payer may receive a refund of such fees if the city fails to expend or
encumber the impact fees within six years of when the fees were paid or other such period of time
established pursuant to RCW 82.02.070(3), on transportation facilities intended to benefit the
development for which the traffic impact fees were paid, unless the city council finds that there exists
an extraordinary and compelling reason for fees to be held longer than six years. These findings shall
be set forth in writing and approved by the city council. In determining whether traffic impact fees
have been encumbered, impact fees shall be considered encumbered on a first-in/first-out basis. The
city shall notify potential claimants by first class mail deposited with the United States Postal Service
at the last known address of claimants.
(v) The request for a refund must be submitted by the applicant to the city in
writing within 90 days of the date the right to claim the refund arises, or the date that notice is given,
whichever is later. Any traffic impact fees that are not expended within these time limitations, and for
which no application for a refund has been made within this 90-day period, shall be retained and
expended on projects identified in the adopted transportation element. Refunds of traffic impact fees
under this subsection shall include interest earned on the impact fees. (b) Off-site improvements include construction of improvements to mitigate an arterial unit in arrears and/or specific inadequate road condition locations. If a developer chooses to construct
improvements to mitigate an arterial unit in arrears or inadequate road condition problem, and the
improvements constructed are part of the cost basis of any traffic impact fees imposed under this title
to mitigate the development‟s impact on the future capacity of city roads, the cost of these
improvements will be credited against the traffic impact fee amount; provided, that the amount of the
cost to be credited shall be the estimate of public works director as to what the city‟s cost would be to
construct the improvement. Any developer who volunteers to pay for and/or construct off-site
improvements of greater value than any traffic impact fees imposed under this title, to mitigate the
development‟s impact on the future capacity of city roads, based on the cost basis contained within
the transportation element, or which are not part of the cost basis of any traffic impact fees imposed
under this title to mitigate the development‟s impact on the future capacity of city roads, and
therefore not credited against the traffic impact fees, may apply for a reimbursement contract.
22D.030.080 Appeals
Administrative interpretations and administrative approvals made pursuant to this chapter may be appealed to the hearing examiner pursuant to MMC 22G.010.530.
22D.030.090 Severability and Duty
(1) Severability.
If any section, subsection, sentence, clause, phrase or word of this title 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 title.
(2) No special duty.
It is the purpose of this chapter to provide for the health, welfare and safety of the general
public, and not to create or otherwise establish or designate any particular class or group of persons
who will or should be especially protected or benefited by the terms of this chapter. No provision or
term used in this chapter is intended to impose any duty whatsoever upon the city or any of its
officers, agents or employees for whom the implementation or enforcement of this chapter shall be
discretionary and not mandatory. Nothing contained in this chapter is intended to be, nor shall be
construed to create or form the basis for, any liability on the part of the city or its officers, agents and
employees for any injury or damage resulting from the failure of any premises to abate a nuisance or to comply with the provisions of this chapter or be a reason or a consequence of any inspection, notice or order, in connection with the implementation or enforcement of this chapter, or by reason of any
action of the city related in any manner to enforcement of this chapter by its officers, agents or
employees.
(3) Emergency.
In light of the rapid rate of development in the city of Marysville and Snohomish County and
the need to provide adequate streets and transportation facilities to serve development, an emergency
Marysville Municipal Code Title 22 UDC
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is hereby declared to exist due to the fiscal impacts of delay on the city and in order to preserve the
public health, safety and welfare.
Marysville Municipal Code Title 22 UDC
Title 22D-26
Chapter 22D.040 SCHOOL IMPACT FEES AND MITIGATION
22D.040.010 General Provisions ......................................................................26
22D.040.020 Definitions .................................................................................26
22D.040.030 School District Eligibility for Impact Fees .......................................28
22D.040.040 Capital Facilities Plan Requirements and Procedures ........................28
22D.040.050 School Impact Fee ......................................................................29
22D.040.060 Impact Fee Accounting ................................................................33
22D.040.070 Adjustments – Appeals - Arbitration ..............................................34
22D.040.080 Severability and Savings .............................................................34
22D.040.010 General Provisions
(1) Purposes.
The purposes of this title are:
(a) To ensure that adequate school facilities are available to serve new growth and
development; and
(b) To require that new growth and development pay a proportionate share of the costs of
new school facilities needed to serve new growth and development.
(2) Applicability. The terms of this title shall apply to all development for which a complete application for approval is submitted on or after the effective date of the ordinance codified in this chapter, except for
development that was the subject of a prior SEPA threshold determination that provided for school
mitigation. An application will only be considered complete if the city has issued a letter of
completeness pursuant to MMC 22G.010.050. All building permit applications accepted by the
department prior to the effective date of the ordinance codified this chapter, or for development that
was the subject of a prior SEPA threshold determination that included provisions for school mitigation,
shall be reviewed pursuant to the city of Marysville environmental policy ordinance, Chapter 22E.030
MMC.
22D.040.020 Definitions
(1) Words defined by RCW 82.02.090.
Words used in this chapter and defined in RCW 82.02.090 shall have the same meaning
assigned in RCW 82.02.090 unless a more specific definition is contained in MMC 22D.040.020(2).
(2) Other definitions.
(a) “Average assessed value” means the district‟s average assessed value for each dwelling unit type.
(b) “Boeckh Index” means the current construction trade index of construction costs for
each school type.
(c) “Capital facilities” means school facilities identified in a school district‟s capital facilities
plan and are “system improvements” as defined by the GMA as opposed to localized “project
improvements.”
(d) “Capital facilities plan” means a district‟s facilities plan adopted by its school board
consisting of those elements required by MMC 22D.040.030 and meeting the requirements of the
GMA.
(e) “Council” means the Marysville city council.
(f) “County” means Snohomish County.
(g) “Department” means the city of Marysville planning and building department.
(h) “Developer” means the proponent of a development activity, such as any person or
entity who owns or holds purchase options or other development control over property for which
development activity is proposed.
(i) “Development” means all subdivisions, short subdivisions, conditional or special use
permits, binding site plan approvals, rezones accompanied by an official site plan, or building permits (including building permits for multifamily and duplex residential structures, and all similar uses) and other applications requiring land use permits or approval by the city of Marysville.
(j) “Development activity” means any residential construction or expansion of a building,
structure or use of land, or any other change in use of a building, structure, or land that creates
additional demand and need for school facilities, but excluding building permits for remodeling or
renovation permits which do not result in additional dwelling units. Also excluded from this definition is
“housing for older persons” as defined by 46 U.S.C. Section 3607, when guaranteed by a restrictive
Marysville Municipal Code Title 22 UDC
Title 22D-27
covenant, and new single-family detached units constructed on legal lots created prior to the effective
date of the ordinance codified in this chapter. (k) “Development approval” means any written authorization from the city which
authorizes the commencement of a development activity.
(l) “Director” means the city planner or the city planner‟s designee.
(m) “District” means a school district whose geographic boundaries include areas within
the city of Marysville.
(n) “District property tax levy rate” means the district‟s current capital property tax rate
per $1,000 of assessed value.
(o) “Dwelling unit type” means:
(i) Single-family residences;
(ii) Multifamily one-bedroom apartment or condominium units; and
(iii) Multifamily multiple-bedroom apartment or condominium units.
(p) “Encumbered” means school impact fees identified by the district to be committed as
part of the funding for capital facilities for which the publicly funded share has been assured,
development approvals have been sought or construction contracts have been let.
(q) “Estimated facility construction cost” means the planned costs of new schools or the
actual construction costs of schools of the same grade span recently constructed by the district,
including on site and off-site improvement costs. If the district does not have this cost information available, construction costs of school facilities of the same or similar grade span within another district are acceptable.
(r) “Facility design capacity” means the number of students each school type is designed
to accommodate, based on the district‟s standard of service as determined by the district.
(s) “Grade span” means a category into which a district groups its grades of students
(e.g., elementary, middle or junior high, and high school).
(t) “Growth Management Act/GMA” means the Growth Management Act, Chapter 17,
Laws of the State of Washington of 1990, First Ex. Sess., as now in existence or as hereafter
amended.
(u) “Interest rate” means the current interest rate as stated in the Bond Buyer Twenty
Bond General Obligation Bond Index.
(v) “Land cost per acre” means the estimated average land acquisition cost per acre (in
current dollars) based on recent site acquisition costs, comparisons of comparable site acquisition
costs in other districts, or the average assessed value per acre of properties comparable to school
sites located within the district.
(w) “Multifamily unit” means any residential dwelling unit that is not a single-family unit as defined by this chapter.
(x) “Permanent facilities” means school facilities of the district with a fixed foundation.
(y) “Relocatable facilities” means factory-built structures, transportable in one or more
sections, that are designed to be used as education spaces and are needed to prevent the overbuilding
of school facilities, to meet the needs of service areas within a district, or to cover the gap between
the time that families move into new residential developments and the date that construction is
completed on permanent school facilities.
(z) “Relocatable facilities cost” means the total cost, based on actual costs incurred by the
district, for purchasing and installing portable classrooms.
(aa) “Relocatable facilities student capacity” means the rated capacity for a typical portable
classroom used for a specified grade span.
(bb) “School impact fee” means a payment of money imposed upon development as a
condition of development approval to pay for school facilities needed to serve new growth and
development. The school impact fee does not include a reasonable permit fee, an application fee, the
administrative fee for collecting and handling impact fees, or the cost of reviewing independent fee
calculations.
(cc) “Single-family unit” means any detached residential dwelling unit designed for occupancy by a single family or household. (dd) “Standard of service” means the standard adopted by each district which identifies the
program year, the class size by grade span and taking into account the requirements of students with
special needs, the number of classrooms, the types of facilities the district believes will best serve its
student population, and other factors as identified in the district‟s capital facilities plan. The district‟s
standard of service shall not be adjusted for any portion of the classrooms housed in relocatable
Marysville Municipal Code Title 22 UDC
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facilities which are used as transitional facilities or from any specialized facilities housed in relocatable
facilities. (ee) “State match percentage” means the proportion of funds that are provided to the
district for specific capital projects from the state‟s common school construction fund. These funds are
disbursed based on a formula which calculates district assessed valuation per pupil relative to the
whole state assessed valuation per pupil to establish the maximum percentage of the total project
eligible to be paid by the state.
(ff) “Student factor (student generation rate)” means the number of students of each
grade span (elementary, middle/junior high, high school) that a district determines are typically
generated by different dwelling unit types within the district. Each school district will use a survey or
statistically valid methodology to derive the specific student generation rate; provided, that the survey
or methodology is approved by the Marysville city council as part of the adopted capital facilities plan
for each school district.
22D.040.030 School District Eligibility for Impact Fees
(1) Capital facilities plan required.
Any district serving the city of Marysville shall be eligible to receive school impact fees upon
adoption by the council of a capital facilities plan for the district by reference as part of the capital
facilities element of the city comprehensive plan. The plan shall meet the requirements of the GMA. Subject to the provisions of this title, these actions will also constitute adoption by the city of the schedule of school impact fees specified in such capital facilities plan.
(2) Expiration of district plans.
For purposes of school impact fee eligibility, a district‟s capital facilities plan shall expire two
years from the date of its adoption by the council, or when an updated plan meeting the requirements
of the GMA is adopted by the council, whichever date first occurs.
(3) Updating of district plans.
(a) A district‟s capital facilities plan shall be updated by the district and transmitted to the
city by the district at least 60 days prior to its biennial expiration date. The district‟s updated plan
shall be submitted by the department to the council for its consideration within 45 days of the
department‟s receipt of the district‟s approved CFP. In the event any district desires to amend its
capital facilities plan prior to the biennial expiration date, the district may propose an amendment to
be considered by the city, provided such amendments shall be considered by the city no more than
once per year unless the board of directors of such district declares, and the city finds, that an
emergency exists.
(b) A district‟s updated capital facilities plan may include revised data for the fee calculation and a corresponding modification to the impact fee schedule, consistent with the city GMA
comprehensive plan.
22D.040.040 Capital Facilities Plan Requirements and Procedures
(1) Minimum requirements for district capital facilities plans.
To be eligible for school impact fees, districts must submit capital facilities plans to the city
pursuant to the procedure established by this chapter. Capital facilities plans shall contain data and
analysis necessary and sufficient to meet the requirements of the GMA. The plans must provide
sufficient detail to allow computation of school impact fees according to the formula contained in MMC
22D.040.050(1), Table 1.
(2) Department review and acceptance.
Upon receipt of a district‟s capital facilities plan (or amendment thereof) the department shall
determine the following:
(a) That the analysis contained within the capital facilities plan is consistent with current
data developed pursuant to the requirements of the GMA.
(b) That any school impact fee proposed in the district‟s capital facilities plan has been
calculated using the formula contained in MMC 22D.040.050(1), Table 1. (c) That the capital facilities plan has been adopted by the district‟s board of directors. Upon finding that these requirements have been satisfied, the department shall transmit the
capital facilities plan to the council for consideration and adoption.
(3) Council adoption.
Following receipt from the department of a district‟s capital facilities plan or amendment
thereof, the council shall consider adoption of said plan or amendment by reference as part of the
capital facilities element of the city comprehensive plan.
Marysville Municipal Code Title 22 UDC
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(4) Correction of deficiencies.
Prior to its adoption by the council, should the department find a district‟s capital facilities plan to be deficient, the department shall notify the district of the deficiency, identifying the specific
matters found to be deficient, and shall indicate the standard for correction. The district shall then
have 45 days (or such longer period as may be necessary to comply with applicable legal
requirements) to correct the deficiencies and resubmit its revised, adopted capital facilities plan to the
department.
(5) Delays.
If a district fails to submit its biennial update of the capital facilities plan prior to 60 days
before the expiration date, or if the department notifies a district of deficiencies in the district‟s
proposed capital facilities plan and the district fails to correct identified deficiencies within 45 days (or
such longer period as may be necessary to comply with applicable legal requirements), the
department shall endeavor, but shall not be obligated, to complete review prior to the plan expiration
date. If an updated capital facilities plan has not been adopted by the council prior to the existing
plan‟s expiration date due to the district‟s failure to submit an updated plan, the district shall be
ineligible to receive school impact fees until the updated plan has been adopted by the council.
22D.040.050 School Impact Fee
(1) Fee required. Each development activity, as a condition of approval, shall be subject to the school impact fee established pursuant to this title. The school impact fee shall be calculated in accordance with the
formula established in Table 1 below. The school impact fee calculated in accordance with the formula
established in Table 1 of this chapter shall then be multiplied by .50 to determine the school impact
fee due and payable by the applicant.
TABLE 1
Impact Fee Calculation Formula
A. General. The formula in this section provides the basis for the impact fee
schedule for each district serving the city of Marysville. District capital facilities plans
shall include a calculation of its proposed impact fee schedule, by dwelling unit type,
utilizing this formula. In addition, a detailed listing and description of the various data
and factors needed to support the fee calculation is included herein and within MMC
22D.040.020.
B. Determination of Projected School Capacity Needs. Each district shall determine, as part of its capital facilities plan, projected school capacity needs for the
current year and for not less than the succeeding five-year period. The capital facilities
plan shall also include estimated capital costs for the additional capacity needs, and
those costs shall provide the basis for the impact fee calculations set forth in this
section.
C. Cost Calculation by Element. The fees shall be calculated on a “per dwelling
unit” basis, by “dwelling unit type” as set forth below.
1. Site Acquisition Cost Element.
{[B(2) x B(3)] ÷ B(1)} x A(1) = Site Acquisition Cost Element
Where:
B(2) = Site Size (in acres, to the nearest 1/10th)
B(3) = Land Cost (per acre, to the nearest dollar)
B(1) = Facility Design Capacity (see MMC 18C.04.020)
A(1) = Student Factor (for each dwelling unit type – see MMC 22D.040.020(2))
The above calculation shall be made for each of the identified grade levels (e.g.,
elementary, middle, junior high and/or senior high). The totals shall then be added with the result being the “total site acquisition cost element” for purposes of the final school impact fee calculation below.
Marysville Municipal Code Title 22 UDC
Title 22D-30
2. School Construction Cost Element.
[C(1) ÷ B(1)] x A(1) = School Construction Cost Element
Where:
C(1) = Estimated Facility Construction Cost (see MMC 22D.040.020(2))
B(1) = Facility Design Capacity
A(1) = Student Factor (for each dwelling unit type)
The above calculation shall be made for each of the identified grade levels (e.g.,
elementary, middle, junior high and/or senior high). The totals shall then be added
and multiplied by the square footage of permanent facilities divided by the total
square footage of school facilities, with the result being the “total school construction
cost element” for purposes of the final school impact fee calculation below.
3. Relocatable Facilities (Portables) Cost Element.
[E(1) ÷ E(2)] x A(1) = Relocatable Facilities Cost Element
Where:
E(1) = Relocatable Facilities Cost
E(2) = Relocatable Facilities Student Capacity (see MMC 22D.040.020(2))
A(1) = Student Factor (for each dwelling unit type)
The above calculation shall be made for each of the identified grade levels (e.g.,
elementary, middle, junior high and/or senior high). The totals shall then be added and multiplied by the square footage of relocatable facilities divided by the total square footage of school facilities, with the result being the “total relocatable facilities
cost element” for purposes of the final school impact fee calculation below.
D. Credits Against Cost Calculation – Mandatory. The following monetary credits
shall be deducted from the calculated cost elements defined above for purposes of
calculating the final school impact fee below.
1. State Match Credit.
D(1) x D(3) x D(2) x A(1) = State Match Credit
Where:
D(1) = Boeckh Index (see MMC 22D.040.020(2))
D(3) = Square footage of school space allowed per student, by grade span, by the
Office of the Superintendent of Public Instruction
D(2) = State Match Percentage (see MMC 22D.040.020(2))
A(1) = Student Factor (for each dwelling unit type)
The above calculation shall be made for each of the identified grade levels (e.g.,
elementary, middle, junior high and/or senior high). The totals shall then be added with the result being the “total state match credit” for purposes of the final school
impact fee calculation below.
2. Tax Payment Credit.
[(1 + F(1))10] - 1 x F(2) x F(3) = Tax Credit F(1)(1 + F(1))10
Where:
F(1) = Interest Rate (see MMC 22D.040.020(2))
F(2) = District Property Tax Levy Rate (see MMC 22D.040.020(2))
Marysville Municipal Code Title 22 UDC
Title 22D-31
F(3) = Average Assessed Value (for each dwelling unit type – see MMC
22D.040.020(2))
E. Adjustments Against Cost Calculation – Elective by District. Recognizing that
the availability of other sources of public funds varies among districts, each district
may provide an additional credit against school impact fees which the district
determines will provide the best balance in system improvement funding within the
district, between school impact fees and other sources of local public funds available to
the district. This adjustment may reduce, but may not increase, the school impact fee
from the amount determined by application of the elements identified above. The
adjustment, if any, applied by the district shall be specified within the capital facilities
plan adopted by the city.
F. Calculation of Total Impact Fee.
1. The total school impact fee, per dwelling unit, assessed on a development
activity shall be the sum of:
Total Site Acquisition Cost Element
Total School Construction Cost Element
Total Relocatable Facilities Cost Element
minus the sum of:
Total State Match Credit Total Tax Payment Credit Elective Adjustment by District
expressed in total dollars per dwelling unit, by dwelling unit type.
2. The total school impact fee obligation for each development activity pursuant
to the school impact fee schedule of this chapter shall be calculated as follows:
Number of Dwelling Units, by Dwelling Unit Type
multiplied by
School Impact Fee for Each Dwelling Unit Type
less
the value of any in-kind contributions proposed by the developer and accepted by the
school district, as provided in this chapter.
(2) Impact fee schedule – Exemptions.
Subject to the provisions of this title, the school impact fees specified in each district‟s capital
facilities plan and adopted by the council shall constitute the city‟s schedule of school impact fees. The
department shall, for the convenience of the public, keep available an information sheet summarizing the schedule of school impact fees applicable throughout the city.
(3) Service areas established.
For purposes of calculating and imposing school impact fees for various land use categories per unit of
development, the geographic boundary of each district constitutes a separate service area.
(4) Impact fee limitations.
(a) School impact fees shall be imposed for district capital facilities that are reasonably
related to the development under consideration, shall not exceed a proportionate share of the costs of
system improvements that are reasonably related to the development, and shall be used for system
improvements that will reasonably benefit the new development.
(b) School impact fees must be expended or encumbered for a permissible use within six
years of receipt by the district.
(c) To the extent permitted by law, school impact fees may be collected for capital
facilities costs previously incurred to the extent that new growth and development will be served by
the previously constructed capital facilities; provided, that school impact fees shall not be imposed to
make up for any existing system deficiencies.
Marysville Municipal Code Title 22 UDC
Title 22D-32
(d) A developer required to pay a fee pursuant to RCW 43.21C.060 for capital facilities
shall not be required to pay a school impact fee pursuant to RCW 82.02.050 through 82.02.090 and this title for the same capital facilities.
(5) Fee determination.
(a) On or before the time of development approval, the city shall determine whether
school impact fees will be due pursuant to this chapter. Where such fees are due, the development
approval shall state that the payment of school impact fees will be required prior to issuance of
building permits. The amount of the impact fee due shall be based on the fee schedules in effect at the
time a building permit application is accepted by the city. The impact fees shall be paid on or before
the time of building permit issuance.
(b) Credit amounts and allocation of credits to be applied against the fees shall be
determined at the time of development approval in accordance with MMC 22D.040.050(7).
(c) The final determination of a development activity‟s fee obligation under this chapter
shall include any credits for in-kind contributions provided under MMC 22D.040.050(7). Final
determinations of the amounts of the fee or credit due may be appealed pursuant to the procedures
established in MMC 22D.040.070.
(6) Credit for in-kind contributions/existing lots.
(a) A developer may request and the director may grant a credit against school impact
fees otherwise due under this title for the value of any dedication of land, improvement to, or new construction of any capital facilities identified in the district‟s capital facilities plan provided by the developer. Such requests must be accompanied by supporting documentation of the estimated value
of such in-kind contributions. All requests must be submitted to the department in writing prior to its
determination of the impact fee obligation for the development activity. Each request for credit will be
immediately forwarded to the affected school district for its evaluation.
(b) Where a district determines that a development activity is eligible for a credit for a
proposed in-kind contribution, it shall provide the department and the developer with a letter setting
forth the justification for and dollar amount of the credit, the legal description of any dedicated
property, and a description of the development activity to which the credit may be applied. The value
of any such credit may not exceed the impact fee obligation of the development activity in question.
(c) Where there is agreement between the developer and the school district concerning
the value of proposed in-kind contributions, their eligibility for a credit, and the amount of any credit,
the director may:
(i) approve the request for credit and adjust the impact fee obligation
accordingly; and
(ii) require that such contributions be made as a condition of development approval.
Where there is disagreement between the developer and the school district regarding the
value of in-kind contributions, however, the director may render a decision that can be appealed by
either party pursuant to the procedures in MMC 22D.040.070.
(d) For subdivisions, PRDs and other large-scale developments where credits for in-kind
contributions or pre-existing lots are proposed or required, it may be appropriate or necessary to
establish the value of the credit on a per-unit basis as a part of the development approval. Such credit
values will then be recorded as part of the plat or other instrument of approval and will be used in
determining the fee obligation, if any, at the time of building permit application for the development
activity. In the event that such credit value is greater than the impact fee in effect at the time of
permit application, the fee obligation shall be considered satisfied, and the balance of the credit may
be transferable to future developments by the applicant within the same school district by agreement
with the school district.
(7) SEPA mitigation and other review.
(a) The city shall review development proposals and development activity permits
pursuant to all applicable state and local laws and regulations, including the State Environmental
Policy Act (Chapter 43.21C RCW), the state subdivision law (Chapter 58.17 RCW), and the applicable sections of the Marysville Municipal Code. Following such review, the city may condition or deny development approval as necessary or appropriate to mitigate or avoid significant adverse impacts to
school services and facilities, to assure that appropriate provisions are made for schools, school
grounds, and safe student walking conditions, and to ensure that development is compatible and
consistent with each district‟s services, facilities and capital facilities plan.
(b) Impact fees required by this chapter for development activity, together with
compliance with development regulations and other mitigation measures offered or imposed at the
Marysville Municipal Code Title 22 UDC
Title 22D-33
time of development review and development activity review, shall constitute adequate mitigation for
all of a development‟s specific adverse environmental impacts on the school system for the purposes of Chapter 22E.030 MMC. Nothing in this chapter prevents a determination of significance from being
issued, the application of new or different development regulations, and/or requirements for additional
environmental analysis, protection, and mitigation measures to the extent required by applicable law.
22D.040.060 Impact Fee Accounting
(1) Collection and transfer of fees, fund authorized and created.
(a) School impact fees shall be due and payable to the city by the developer at or before
the time of issuance of residential building permits for all development activities.
(b) In conjunction with the adoption of the city budget, there is hereby authorized the
creation and establishment of a fund to be designated the “school impact fee fund.” The city shall
temporarily deposit all impact fees collected on behalf of a district pursuant to this chapter and any
interest earned thereon in the school impact fee fund with specific organizational identity for a district
until the transfer of the fees to the school district‟s school impact fee account pursuant to the
interlocal agreement between the city and the district.
(c) Districts eligible to receive school impact fees collected by the city shall establish an
interest-bearing account separate from all other district accounts. The city shall deposit school impact
fees in the appropriate district account within 10 days after receipt, and shall contemporaneously provide the receiving district with a notice of deposit. (d) Each district shall institute a procedure for the disposition of impact fees and providing
for annual reporting to the city that demonstrates compliance with the requirements of RCW
82.02.070, and other applicable laws.
(2) Use of funds.
(a) School impact fees may be used by the district only for capital facilities that are
reasonably related to the development for which they were assessed and may be expended only in
conformance with the district‟s adopted capital facilities plan.
(b) In the event that bonds or similar debt instruments are issued for the advance
provision of capital facilities for which school impact fees may be expended, and where consistent with
the provisions of the bond covenants and state law, school impact fees may be used to pay debt
service on such bonds or similar debt instruments to the extent that the capital facilities provided are
consistent with the requirements of this title.
(c) The responsibility for assuring that school impact fees are used for authorized
purposes rests with the district receiving the school impact fees. All interest earned on a school impact
fee account must be retained in the account and expended for the purpose or purposes for which the school impact fees were imposed, subject to the provisions of MMC 22D.040.060(3).
(d) Each district shall provide the city an annual report showing the source and the
amount of school impact fees received by the district and the capital facilities financed in whole or in
part with those school impact fees.
(3) Refunds.
(a) School impact fees not spent or encumbered within six years after they were collected
shall, upon receipt of a proper and accurate claim, be refunded, together with interest, to the then
current owner of the property. In determining whether school impact fees have been encumbered,
impact fees shall be considered encumbered on a first in, first out basis. At least annually, the city,
based on the annual report received from each district pursuant to MMC 22D.040.060(2)(d), shall give
notice to the last known address of potential claimants of any funds, if any, that it has collected that
have not been spent or encumbered. The notice will state that any persons entitled to such refunds
may make claims.
(b) Refunds provided for under this section shall be paid only upon submission of a proper
claim pursuant to city claim procedures. Such claims must be submitted to the director within one
year of the date the right to claim the refund arises, or the date of notification provided for above,
where applicable, whichever is later. (4) Reimbursement for city administrative costs, legal expenses, and refund payments. Each participating school district shall enter into an agreement with the city of Marysville
providing for such matters as the collection, distribution and expenditure of fees and for
reimbursement of any legal expenses and staff time associated with defense of this chapter as more
specifically set forth in an interlocal agreement between the city and a school district, and payment of
any refunds provided under MMC 22D.040.060(3). The city‟s costs of administering the impact fee
program shall be paid by the applicant to the city as part of the development application fee. Said fee
Marysville Municipal Code Title 22 UDC
Title 22D-34
shall be as set forth in Chapter 22G.030 MMC and shall be an amount that approximates, as nearly as
possible, the actual administrative costs of administering the school impact fee program.
22D.040.070 Adjustments – Appeals - Arbitration
(1) Administrative adjustment of fee amount.
(a) Within 14 days of acceptance by the city of a building permit application a developer
or school district may appeal to the director for an adjustment to the fees imposed by this title. The
director may adjust the amount of the fee, in consideration of studies and data submitted by the
developer and any affected district, if one of the following circumstances exists:
(i) It can be demonstrated that the school impact fee assessment was incorrectly
calculated;
(ii) Unusual circumstances of the development activity demonstrate that
application of the school impact fee to the development would be unfair or unjust;
(iii) A credit for in-kind contributions by the developer, as provided for under MMC
22D.040.050(6), is warranted; or
(iv) Any other credit specified in RCW 82.02.060(1)(b) may be warranted.
(b) To avoid delay pending resolution of the appeal, school impact fees may be paid under
protest in order to obtain a development approval.
(c) Failure to exhaust this administrative remedy shall preclude appeals of the school impact fee pursuant to MMC 22D.040.070(2). (2) Appeals of decisions – Procedure.
(a) Any person aggrieved by a decision applying an impact fee under this title to a
development activity may appeal such decision to the hearing examiner pursuant to the provisions of
Chapter 22G.010 MMC Article VIII - Appeals. Where there is an administrative appeal process for the
underlying development approval, appeals of an impact fee under this title must be combined with the
administrative appeal for the underlying development approval. Where there is no administrative
appeal for the permit, then appeals solely of the impact fee issue shall be subject to the provisions of
Chapter 22G.010 MMC Article VIII - Appeals.
(b) At the hearing, the appellant shall have the burden of proof, which burden shall be
met by a preponderance of the evidence. The impact fee may be modified upon a determination that it
is proper to do so based on the application of the criteria contained in MMC 22D.040.070(1). Appeals
shall be limited to application of the impact fee provisions to the specific development activity and the
provisions of this title shall be presumed valid.
(c) The decision of the hearing examiner pursuant to subsection (a) of this section shall
be final and conclusive with an optional right of reconsideration as provided in MMC 22G.010.190 and may then be reviewable by filing a land use petition in Snohomish County superior court as provided
in Chapter 36.70C RCW, the Land Use Petition Act.
(3) Arbitration of disputes.
With the consent of the developer and the affected district, a dispute regarding imposition or
calculation of a school impact fee may be resolved by arbitration.
22D.040.080 Severability and Savings
(1) Savings clause – Effective date – Emergency.
(a) If any section, subsection, sentence, clause, phrase or word of this title 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 title.
(b) Effective Date. The ordinance codified in this title shall be effective five days following
adoption and publication; provided, however, the schedule of school impact fees adopted herein shall
not be effective until the approval and incorporation by reference as a subelement of the city‟s
comprehensive plan, a school district‟s capital facilities plan. The schedule of school impact fees
adopted herein shall also not be effective until approval by the city and the affected school district of an interlocal agreement for the collection, distribution and expenditure of school impact fees. (c) Emergency. In light of the rapid rate of development in the Marysville School District
and the need to provide school facilities to serve development, an emergency is hereby (declared to
exist due to the fiscal impacts of delay on the district and in order to preserve the public health, safety
and welfare.
Marysville Municipal Code Title 22 UDC
Title 22D-35
Chapter 22D.050 CLEARING, GRADING, FILLING, AND EROSION CONTROL
Sections:
22D.050.010 Purpose. ....................................................................................35
22D.050.020 Clearing and grading permit. ........................................................35
22D.050.030 Minimum standards. ...................................................................36
22D.050.040 Temporary erosion and sediment control plan. ...............................37
22D.050.050 Temporary restrictions on clearing and grading. .............................37
22D.050.060 Maintenance and security. ...........................................................39
22D.050.070 Inspections. ...............................................................................39
22D.050.080 Completion of the work. ..............................................................39
22D.050.090 Construction specifications. ..........................................................40
22D.050.010 Purpose.
The purpose of these standards is to ensure that all construction in the city of Marysville is
undertaken with facilities and measures as necessary to minimize the erosion of soils and siltation of
water bodies and public/private drainage facilities. The goal of the erosion control practices specified
herein is for no sediment to leave the construction site or impact downstream or adjacent properties
or the environment in general. 22D.050.020 Clearing and grading permit.
(1) A clearing and grading permit is required for a project involving any of the following, except as
provided for in subsection (2) of this section. In applying this section, the total proposal must be
considered.
(a) Any clearing, filling, or excavation in an environmentally sensitive area or regulated
buffer.
(b) Fill and/or excavation totaling 50 cubic yards. Quantities of fill and excavation are
separately calculated and then added together, even if excavated material is used as fill on the same
site.
(c) Over 1,000 square feet of clearing, as measured at the ground level. Clearing includes
disturbance of over 1,000 square feet at grade due to felling or topping of trees.
(2) The following activities are exempt from the requirements for a clearing and grading permit:
(a) Agricultural management of existing farmed areas.
(b) Routine landscape maintenance of existing landscaped areas on developed lots and
other activities associated with maintaining an already established landscape. For lots developed prior to the adoption of sensitive area regulations with landscaping in what are now protected areas, routine
landscaping maintenance can occur without a clearing and grading permit provided the soil level is not
increased.
(c) Work needed to correct an immediate danger to life or property in an emergency
situation as declared by the mayor or the city administrator or his/her designee.
(d) Cemetery graves.
(e) Work, when approved by the city engineer, in an isolated self-contained area, if there
is no danger to public or private property.
(3) The clearing and grading permit shall be issued by the engineering department and shall be
effective for one year but may, with cause shown, be extended for an additional one-year period. The
fee schedule for the review of plans is contained in MMC 14.07.005 and the permit fee amount will be
based on MMC 16.04.045, Sections 108 and 108.2 amended – IBC and IRC Fee Table 1-A and Table
A-J-A adopted by reference.
(4) In addition to satisfying all requirements of Chapters 14.15, 14.16 and 14.17 MMC, permittees
shall comply with the following conditions which shall apply to all grading permits:
(a) Notify the city 48 hours before commencing any land disturbing activity.
(b) Notify the city of completion of any control measures within 48 hours after their completion. (c) Obtain permission in writing from the city prior to modifying any of the plans.
(d) Install all control measures as identified in the approved plans.
(e) Maintain all road drainage systems, storm water drainage systems, control measures,
and other facilities identified in the plans.
(f) Repair siltation or erosion damage to adjoining surfaces and drainage ways resulting
from land developing or disturbing activities.
Marysville Municipal Code Title 22 UDC
Title 22D-36
(g) Inspect the erosion construction control measures at least once each week during
construction after each rain of 0.5 inch or more (over a 24-hour period), and immediately make any needed repairs.
(h) Allow the city to enter the site for the purpose of inspecting compliance with the plans
or for performing any work necessary to bring the site into compliance with the plans.
(i) Keep an up-to-date, approved copy of the plans on the site.
(j) Ensure that all workmanship and materials are in accordance with city of Marysville
standards and the most current edition of the State of Washington Standard Specifications for Road,
Bridge and Municipal Construction.
(5) Construction within environmentally sensitive areas shall be in compliance with Chapter
22E.010 MMC and shall be subject to the review of the planning director.
22D.050.030 Minimum standards.
(1) Siltation and Erosion Control. Siltation and erosion control shall occur and be performed in
accordance with Chapter 14.15 MMC.
(2) Grading. The following are the minimum standards for grading unless otherwise modified by
an approved grading plan:
(a) Grading shall not contribute to or create landslides, accelerated soil creep, or
settlement of soils. (b) Natural land and water features, vegetation, drainage and other natural features of the site shall be reasonably preserved.
(c) Grading shall not create or contribute to flooding, erosion, increased turbidity, or
siltation of a watercourse.
(d) Groundcover and tree disturbance shall be minimized.
(e) Grading operations shall be conducted so as to expose the smallest practical area to
erosion for the least possible time.
(f) Grading shall not divert existing watercourses.
(g) The duff layer and native topsoils shall be retained in an undisturbed state to the
maximum extent practicable in areas not intended for building pads, access ways or other impervious
surfaces.
(3) Cuts and Fills. The following are the minimum standards for cutting and filling slopes;
provided, that these provisions may be waived by the city engineer for grading operations of a minor
nature:
(a) Cut slopes shall be no steeper than is safe for the intended use. Cut slopes greater
than five feet in height shall be no steeper than two horizontal to one vertical (2:1), except where approved retaining walls are to be installed.
(b) Filling should only occur where the ground surface has been prepared by removal of
vegetation and other unsuitable materials or preparation of steps where natural slopes are steeper
than five to one (5:1). Fill slopes should not be constructed on natural slopes greater than two to one
(2:1).
(c) Fill slopes shall be no steeper than is safe for the intended use. Fill slopes greater than
five feet in height shall be no steeper than two horizontal to one vertical (2:1), except where approved
retaining walls are engineered and installed.
(d) Steeper cuts/fills may be permitted if supported by an approved soils/geological
report; provided, that for residential development, the proposed steeper cuts/fills must comply with
the design standards outlined in subsection (4) of this section.
(e) Cut and fill slopes shall not encroach upon adjoining property without written approval
of the adjacent owner.
(f) Cut and fill slopes shall be provided with subsurface and surface drainage provisions to
approved discharge locations as necessary to retain the slope.
(g) The faces of slopes shall be prepared and maintained to control erosion. Check dams,
riprap, plantings, terraces, diversion ditches, sedimentation ponds, straw bales, or other methods shall be employed where necessary to control erosion and provide safety. The erosion control measures shall be initiated or installed as soon as possible and shall be maintained by the owner.
(h) Fill materials used as a structural fill shall be compacted in accordance with the
requirements applicable to the future use.
(4) Design Criteria. The following are the minimum design standards for cutting and filling slopes
for residential development; provided, that these provisions may be waived by the city engineer for
grading operations of a minor nature:
Marysville Municipal Code Title 22 UDC
Title 22D-37
(a) The aesthetic and spatial impact of altered grades on adjacent properties both public
and private shall be considered in site design. (b) Sites shall be developed to promote continuity and to minimize abrupt grade changes
between sites.
(c) Grading shall be the minimum necessary to make installation and function of
infrastructure feasible and economic for future service extensions to adjacent properties.
(d) The developer shall consider the natural topography and the proposed layout of the
subdivision when siting roads in order to anticipate grading needs and minimize extensive grading in
order to build.
(e) If retaining walls taller than four feet are used, as measured from the average grade,
and are visible from the street or adjacent property, they shall be terraced so that no individual
segment is taller than four feet; provided, that where adjacent properties are not adversely affected
or the retaining wall is minor in nature, the community development director may reduce or waive
these standards. Terraced walls shall be separated by a landscaping bed at least two feet in width.
Alternative landscaping treatments will be considered, provided they reduce the bulk and scale of the
retaining wall and enhance the streetscape or transition between properties.
Figure 1. Tall retaining walls must be terraced with landscaping as depicted below.
(5) Sensitive Areas. No land-disturbing activity shall be permitted in a regulated sensitive area,
except as otherwise allowed by applicable laws and permits.
(6) Clean Up. Persons and/or firms engaged in clearing, grading, and filling, or drainage activities
shall be responsible for the maintenance of work areas free of debris or other material that may cause
damage to or siltation of existing or new facilities or have the potential of creating a safety hazard.
(7) Dust Suppression. Dust from clearing, grading and other construction activities shall be
minimized at all times. Impervious surfaces on or near the construction area shall be swept,
vacuumed, or otherwise maintained to suppress dust entrainment. Any dust suppressants used shall
be approved by the director. Petrochemical dust suppressants are prohibited.
22D.050.040 Temporary erosion and sediment control plan.
Temporary erosion and sediment control shall be in accordance with the requirements contained in
Chapter 14.15 MMC in a small parcel or large parcel erosion and sediment control plan.
22D.050.050 Temporary restrictions on clearing and grading.
(1) In the areas listed below, clearing and grading may be permitted to continue or to be initiated
during the rainy season, only if the director grants specific approval per subsection (3) of this section.
The rainy season is defined as November 1st through April 30th, unless the director modifies these
dates based on weather patterns and forecasts. In determining whether to permit rainy season
construction, the director shall consult with the public works department. Such consultation shall occur
on a regular basis to ensure consistent implementation of the city‟s environmental policies and shall
occur as needed regarding individual projects on specific sites.
(a) Developments within the Quilceda/Allen Creek watershed occurring on the Getchell
hillsides within Planning Area No. 4: East Sunnyside/Whiskey Ridge, and Planning Area No. 5:
Cedarcrest/Getchell Hill. The planning area boundaries are defined by the Marysville comprehensive
plan.
Reta;ning walls ale terraced
with landseapi~
•
4'maximum
Marysville Municipal Code Title 22 UDC
Title 22D-38
(2) If clearing and grading is prohibited during the rainy season, building construction can
nonetheless proceed as long as necessary clearing and grading is complete and effective erosion control is in place and effectively maintained.
(3) The director shall grant approval to initiate or continue clearing or grading activity in the areas
listed in subsection (1) of this section, during the rainy season only if, based on an evaluation of site
and project conditions, the director determines the proposal ensures slope stability and adequately
protects receiving waters from increased erosion and sedimentation during construction. The
evaluation of site and project conditions, shall include, but not be limited to, an evaluation of the
following:
(a) Whether the clearing and grading is near completion if the project is already
underway;
(b) Average existing slope of the site;
(c) Quantity of proposed cut and/or fill;
(d) Classification of the predominant soils and their erosion and runoff potential;
(e) Proposed deep utility installation;
(f) Hydraulic connection of the site to features that are sensitive to the impacts of
erosion/sedimentation;
(g) Ability to phase clearing and grading and to create a feasible clearing and grading
schedule; (h) Extent of clearing and grading BMPs proposed, and if the project is underway, the project‟s track record at controlling erosion and sedimentation.
(4) Determinations under subsection (3) of this section shall be made by the director on a site-
specific basis. However:
(a) Rainy season construction generally will be prohibited for proposals requiring large-
scale clearing and grading.
(b) Rainy season construction generally will be approved for smaller-scale clearing and
grading proposals that have limited shallow utility installation and are on sites with less than 15
percent slopes, predominant soils that have low runoff potential, and are not hydraulically connected
to sediment/erosion-sensitive features.
(c) Rainy season construction will be approved if extraordinary BMPs to control
erosion/sedimentation and slope stability are proposed when:
(i) Moderate scale clearing and grading is proposed;
(ii) The proposal involves deep utility installation; or
(iii) The proposal is located on sites with greater than 15 percent slopes, soils with
a high runoff potential, or sites hydraulically near a sediment/erosion-sensitive feature. (5) Whenever rainy season clearing and grading is allowed, the applicant may be required to
implement extraordinary BMPs if the BMPs that are initially implemented are not working. If the
permit was issued in the dry season, and work is allowed to continue in the rainy season, the city may
modify the previously issued permit to require additional, extraordinary BMPs. Extraordinary BMPs
may include, but not be limited to:
(a) Performance monitoring to determine compliance with state water quality standards,
or more stringent standards if adopted by the city.
(b) Funding additional city inspection time, up to a full-time inspector.
(c) Shutting down work if necessary to control erosion and sedimentation.
(d) Construction of additional siltation/sedimentation ponds.
(e) Use of a series of temporary filter vaults.
(f) Use of high quality catch basin inserts to filter runoff.
(g) Use of erosion control blankets, nets, or mats in addition to or in conjunction with
straw mulch.
(6) If a clearing and grading permit is issued, and the city subsequently issues three stop work
orders or correction notices for insufficient erosion and sedimentation control, the permit will be
suspended until the dry season, or, if violations occurred in the dry season, until weather conditions are favorable and effective erosion and sedimentation control is in place. (7) The director has the authority to temporarily stop clearing and grading during periods of heavy
rain.
(8) When clearing and grading is suspended during the rainy season or interrupted at any time of
the year due to heavy rain or for other reasons, the permittee shall stabilize the site and maintain the
erosion control BMPs.
Marysville Municipal Code Title 22 UDC
Title 22D-39
22D.050.060 Maintenance and security.
(1) A maintenance schedule of constructed private facilities shall be developed for the life of any facilities and measures implemented pursuant to these standards and shall state the maintenance to
be completed, the time period for completion, and who shall perform the maintenance. This schedule
shall be included with all required plans and permits.
(2) The city engineer may require the applicant to furnish security for maintenance in accordance
with the provisions of Chapter 22G.040 MMC.
22D.050.070 Inspections.
Prior to any clearing, grading, filling, and/or drainage facility construction, the contractor may be
required to conduct a preconstruction conference with the city‟s engineering construction inspector to
coordinate the project.
(1) All projects which include clearing, grading, filling or drainage shall be subject to inspection by
the city engineer or his designee, who shall be granted reasonable right of entry to the work site by
the permittee. When required by the city engineer, special inspection of the grading operations and
special testing shall be performed by qualified professionals employed by the permittee. Inspections in
conjunction with hydraulic permits will be performed and enforced by the Washington State
Department of Fisheries or Wildlife.
(2) Each site that has an approved grading, erosion and sediment control or other required plans must be inspected as necessary to ensure that the sediment control measures are installed and effectively maintained in compliance with the approved plan and permit requirements. Where
applicable, the permittee must obtain inspection by the city at the following stages:
(a) Following the installation of sediment control measures or practices and prior to any
other land-disturbing activity;
(b) During the construction of sediment basins or stormwater management structures;
(c) During rough grading, including hauling of imported or wasted materials;
(d) Prior to the removal or modification of any sediment control measure or facility; and
(e) Upon completion of final grading, including establishment of groundcover and planting,
installation of all vegetative measures, and all other work in accordance with an approved plan and/or
permit.
(3) The permittee may secure the services of an engineer, subject to the approval of the city
engineer, to inspect the construction of the facilities and provide the city with a fully documented
certification that all construction is done in accordance with the provisions of an approved grading,
erosion and sedimentation control or other required plan, applicable rules, regulations, permit
conditions and specifications. If inspection certification is provided by the city, the permit may be waived. In these cases the city shall be notified at the required inspection points and may make spot
inspections. The engineer shall use the “Engineer‟s Construction Inspection Report” form for
certification of the construction or other similar form approved by the city engineer.
22D.050.080 Completion of the work.
(1) Construction Changes. Whenever changes must be made to the original, approved plan, the
changes shall be submitted in writing to and approved by the city engineer in advance of the
construction of those changes.
(2) Final Reports. Upon completion of the rough grading and at the final completion of the work,
the city engineer may require the following reports, drawings, and supplements thereto to be prepared
and submitted by the owner and/or an appropriate qualified professional approved by the city
engineer:
(a) An as-built grading plan, including original ground surface elevations, final surface
elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage
facilities.
(b) A soils grading and/or geologic grading report, including locations and elevations of
field density tests and geologic features, summaries of field and other laboratory tests, and other substantiating data and comments or any other changes made during grading and their effect on the recommendations made in the approved grading plan.
(3) Notification of Completion. The permittee or his/her agent shall notify the city engineer when
the grading operation is ready for final inspection. Final approval shall not be given until all work has
been completed in accordance with the final approved grading, erosion sedimentation control and
other required plans, and the required reports have been submitted and accepted.
Marysville Municipal Code Title 22 UDC
Title 22D-40
22D.050.090 Construction specifications.
Construction shall be in accordance with the procedures and specifications contained in the city‟s drainage and erosion control standards as adopted under Chapter 14.15 MMC.
Marysville Municipal Code Title 22 UDC
Title 22E-1
Title 22E
ENVIRONMENTAL STANDARDS
Chapter 22E.010 CRITICAL AREAS MANAGEMENT .................................................... 2
Chapter 22E.020 FLOODPLAIN MANAGEMENT .........................................................32
Chapter 22E.030 STATE ENVIRONMENTAL POLICY ACT (SEPA) .................................39
Chapter 22E.040 DOWNTOWN PLANNED ACTIONS ..................................................45
Chapter 22E.050 SHORELINE MANAGEMENT MASTER PROGRAM. ..............................48
Marysville Municipal Code Title 22 UDC
Title 22E-2
Chapter 22E.010 CRITICAL AREAS MANAGEMENT
Sections:
Article I. General Introduction ................................................................ 2
22E.010.010 General purpose and intent. .......................................................... 2
22E.010.020 General applicability of these regulations. ....................................... 3
22E.010.030 General relationship of regulation of one type of critical area protection
to other regulations. .................................................................... 4
22E.010.040 Best available science. ................................................................. 4
Article II. Wetlands .................................................................................. 4
22E.010.050 Applicability to wetlands. .............................................................. 4
22E.010.060 Wetland rating and classification. .................................................. 5
22E.010.070 Regulated activities in wetlands. .................................................... 5
22E.010.080 Exemptions to wetland regulations. ............................................... 5
22E.010.090 Wetland inventory maps. .............................................................. 6
22E.010.100 Wetland buffer areas. ................................................................... 6
22E.010.110 Wetland alteration and mitigation. ................................................. 9
22E.010.120 Wetland mitigation standards and criteria. .....................................10
22E.010.130 Wetland mitigation banks. ...........................................................12 22E.010.140 Wetland mitigation plan requirements. ..........................................12 22E.010.150 Performance standards for wetland mitigation planning. ..................13
22E.010.160 Wetland monitoring program and contingency plan. ........................14
Article III. Fish and Wildlife Habitat Areas ................................................14
22E.010.170 Fish and wildlife habitat conservation areas designated. ..................14
22E.010.180 Regulated activities in habitats. ....................................................16
22E.010.190 Exemptions from fish and wildlife regulations. ................................17
22E.010.200 Fish and wildlife habitat inventory maps. .......................................17
22E.010.210 Classification of fish and wildlife habitat areas. ...............................17
22E.010.220 Fish and wildlife habitat buffer areas. ............................................18
22E.010.230 Fish and wildlife habitat alteration and mitigation. ..........................21
22E.010.240 Fish and wildlife mitigation standards, criteria and plan requirements.
................................................................................................22
22E.010.250 Fish and wildlife habitat performance standards and incentives. .......22
22E.010.260 Fish and wildlife habitat monitoring program and contingency plan. ..23
Article IV. Geologic Hazard Areas .............................................................23 22E.010.270 Applicability to geologic hazards. ..................................................23
22E.010.280 Geologic hazard inventory map. ...................................................24
22E.010.290 Alteration of geologic hazard areas and development limitations. .....24
22E.010.300 Setbacks from geologic hazards. ..................................................24
22E.010.310 Geologic hazard performance standards. .......................................25
Article V. General Information ................................................................25
22E.010.320 General exemptions. ...................................................................25
22E.010.330 Permit process and application requirements. ................................26
22E.010.340 Selection of qualified scientific professional and city review of report.29
22E.010.350 Land divisions. ...........................................................................29
22E.010.360 On-site density transfer for critical areas. ......................................29
22E.010.370 Fencing and signage requirements. ...............................................30
22E.010.380 Building setbacks. .......................................................................30
22E.010.390 General procedural provisions. .....................................................30
22E.010.400 Penalties and enforcement. ..........................................................30
22E.010.410 General savings provisions –Reasonable use determination. ............31
22E.010.420 No special duty created. ..............................................................31 Article I. General Introduction
22E.010.010 General purpose and intent.
(1) The city of Marysville finds that critical areas perform many important biological and physical
functions that benefit the city of Marysville and its residents, with the exception of geologic hazard
Marysville Municipal Code Title 22 UDC
Title 22E-3
areas which may pose a threat to human safety or to public and private property. Specifically, the
functions they perform include but are not limited to the following by type: (a) Wetlands. Helping to maintain water quality; storing and conveying stormwater and
floodwater; recharging groundwater; providing important fish and wildlife habitat; and serving as
areas for recreation, education and scientific study and aesthetic appreciation; and
(b) Fish and Wildlife Habitat Areas. Maintaining species diversity and genetic diversity;
providing opportunities for food, cover, nesting, breeding and movement for fish and wildlife; serving
as areas for recreation, education, and scientific study and aesthetic appreciation; helping to maintain
air and water quality; controlling erosion; and providing neighborhood separation and visual diversity
within urban areas.
In addition, certain portions of the city of Marysville are characterized by geologic hazards that
pose a risk to public and private property, to human life and safety and to the natural systems that
make up the environment of the city of Marysville. These lands are affected by natural processes that
make them susceptible to landslides, seismic activity and severe erosion. Protection of critical areas
and regulation of geologic hazards are, therefore, necessary to protect the public health, safety and
general welfare.
(2) These regulations of the city of Marysville critical areas ordinance contain standards,
guidelines, criteria and requirements intended to identify, analyze and mitigate potential impacts to
the city of Marysville’s critical areas and to enhance and restore them where possible. The intent of these regulations is to avoid impacts where such avoidance is feasible and reasonable. In appropriate circumstances, impacts to critical areas resulting from regulated activities may be minimized, rectified,
reduced or compensated for, consistent with the requirements of these regulations. The city of
Marysville’s overall goal shall be to protect the functions and values of critical areas and protect the
people, public and private property, and natural ecosystems.
(3) It is the further intent of these regulations to:
(a) Implement the goals and policies of the city of Marysville comprehensive plan,
including those pertaining to natural features and environmental protection; aesthetics and community
character; providing adequate housing and infrastructure; providing opportunities for economic
development; creating a balanced transportation system; ensuring adequate public facilities; and
achieving a mix of land use types and densities consistent with the city of Marysville’s land use plan;
(b) Serve as a basis for exercise of the city of Marysville’s substantive authority under the
State Environmental Policy Act (SEPA) and the city of Marysville’s SEPA rules;
(c) Comply with the requirements of the Growth Management Act (Chapter 36.70A RCW)
and its implementing rules; and through the application of the best available science, in accordance
with WAC 365-195-900 through 365-195-925, and in consultation with state and federal agencies and other qualified professionals;
(d) Coordinate environmental review and permitting of proposals to avoid duplication and
delay.
(4) The city of Marysville further finds that Snohomish County has identified and mapped some
portions of the city of Marysville based on topographic, geologic, hydrologic, and habitat
characteristics where the conditions indicate that critical areas are believed to exist. There is,
however, a need for additional study and mapping to verify that such conditions do, in fact, prevail
and to identify other areas that are potentially geologic hazards. Such mapping will enable the city of
Marysville to provide notice to the public of the potential presence of critical areas or the risks
associated with developing lands subject to geologic hazards. However, the boundaries of the critical
areas and geologic hazard areas displayed on these maps are approximate and are not intended to be
used for individual site assessment. Where differences occur between what is illustrated on these
maps and site conditions, the actual presence or absence of environmentally critical areas or geologic
hazard areas on the site shall control.
22E.010.020 General applicability of these regulations.
(1) The provisions of these regulations shall apply to any activity that potentially affects critical areas or their established buffers unless otherwise exempt. Any action taken pursuant to this title shall result in equivalent or greater functions and values of the critical areas associated with the proposed
action, as determined by the best available science and as provided in Chapter 22E.010 MMC. All
actions and developments shall be designed and constructed in accordance with the priority
sequencing outlined in MMC 22E.010.120 and 22E.010.230 to avoid, minimize, and restore all adverse
impacts. Applicants must first demonstrate an inability to avoid or reduce impacts, before restoration
and compensation of impacts will be allowed. No activity or use shall be allowed that results in a net
Marysville Municipal Code Title 22 UDC
Title 22E-4
loss of the functions and values of critical areas unless otherwise permitted by a reasonable use
determination under MMC 22E.010.410. (2) To avoid duplication, the following permits and approvals shall be subject to and coordinated
with the requirements of these regulations: clearing and grading; subdivision or short subdivision;
building permit; planned unit development; shoreline substantial development; variance; conditional
use permit; other permits leading to the development or alteration of land; and rezones and other
nonproject actions if not combined with another development permit.
22E.010.030 General relationship of regulation of one type of critical area
protection to other regulations.
These regulations shall apply as an overlay and in addition to zoning, land use and other
regulations, including critical areas regulations, established by the city of Marysville.
(1) Areas characterized as a critical area may also be subject to other regulations established by
this chapter due to the overlap or multiple functions of some critical areas. For example, some
landslide hazard areas (e.g., steep slopes) adjacent to wetlands may be regulated by buffering
requirements according to the wetland management provisions of this chapter. Also, wetlands, for
example, may be defined and regulated according to the wetland and habitat management provisions
of this chapter. In the event of any conflict between regulations for particular critical areas in this
chapter, those regulations which provide greater protection to environmentally critical areas shall apply. (2) These critical area regulations shall apply as an overlay and in addition to zoning, land use,
and other regulations established by the city of Marysville. In the event of any conflict between these
regulations and any other regulations of the city of Marysville, the regulations which provide greater
protection to environmentally critical areas shall apply.
(3) Compliance with the provisions of this title does not constitute compliance with other federal,
state, and local regulations and permit requirements that may be required. The applicant is
responsible for complying with these requirements, apart from the process established in this title.
22E.010.040 Best available science.
(1) Criteria for Best Available Science. The best available science is that scientific information
applicable to the critical area prepared by local, state or federal natural resource agencies, a qualified
scientific professional, or team of qualified scientific professionals, that is consistent with criteria
established in WAC 365-195-900 through 365-195-925, as amended.
(2) Protection of Functions and Value and Fish Usage. Critical area studies and decisions to alter
critical areas shall rely on the best available science to protect the functions and values of critical areas and must give special consideration to conservation or protection measures necessary to
preserve or enhance anadromous fish and their habitat, such as salmon and bull trout.
(3) Lack of Scientific Information. Where there is an absence of valid scientific information or
incomplete scientific information relating to a critical area leading to uncertainty about the risk to
critical area function or permitting an alteration of or impact to the critical area, the city shall:
(a) Take a “precautionary or no-risk approach” that strictly limits development and land
use activities until the uncertainty is sufficiently resolved; and
(b) Require application of an effective adaptive management program that relies on
scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area.
An adaptive management program is a formal and deliberative scientific approach to taking action and
obtaining information in the face of uncertainty. To effectively implement an adaptive management
program, the city hereby commits to:
(i) Address funding for the research component of the adaptive management
program;
(ii) Change course based on the results and interpretation of new information that
resolves uncertainties; and
(iii) Commit to the appropriate timeframe and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting protection of critical areas and anadromous fisheries.
Article II. Wetlands
22E.010.050 Applicability to wetlands.
(1) See MMC 22E.010.020 for general applicability.
Marysville Municipal Code Title 22 UDC
Title 22E-5
(2) Nonproject actions such as rezones shall be required to perform a wetland determination as
defined by these regulations.
22E.010.060 Wetland rating and classification.
(1) Classification. Wetlands shall be classified as Category I, II, III, or IV using the Washington
State Department of Ecology’s Wetland Rating System for Western Washington, Publication No. 04-
06-025, or as amended hereafter. Wetland delineations shall be determined by using the Washington
State Wetlands Identification and Delineation Manual, March 1997, or as amended hereafter.
(2) Sources used to identify designated wetlands include, but are not limited to:
(a) United States Department of the Interior, Fish and Wildlife Service, National Wetlands
Inventory.
(b) Areas identified as hydric soils, soils with significant soil inclusions and “wet spots”
with the United States Department of Agriculture/Soil Conservation Service Soil Survey for Snohomish
County.
(c) Washington State Department of Natural Resources, Geographic Information System,
Hydrography and Soils Survey Layers.
(d) City of Marysville Critical Areas Inventory Maps.
22E.010.070 Regulated activities in wetlands. The following activities within a wetland and its associated buffer, or outside a wetland or buffer but potentially affecting the wetland or buffer, shall be regulated pursuant to the standards of
this chapter:
(1) Removing, excavating, disturbing or dredging soil, sand, gravel, minerals, organic matter or
materials of any kind;
(2) Dumping, discharging or filling with any material;
(3) Draining, flooding or disturbing the water level or water table;
(4) Driving pilings or placing obstructions;
(5) Constructing, reconstructing, demolishing or altering the size of any structure or
infrastructure;
(6) Construction of any on-site sewage disposal system, or other underground facilities, except
exempted activities;
(7) Destroying or altering vegetation through clearing, harvesting, shading or planting vegetation
that would alter the character of a wetland;
(8) Activities that result in significant changes in water temperature, physical or chemical
characteristics of wetland water sources, including water quantity and quality, soil flow, or natural contours, and pollutants;
(9) Any other activity potentially affecting a wetland or wetland buffer not otherwise exempt from
the provisions of this chapter; and
(10) Work to maintain wetlands intentionally created from nonwetland areas as mitigation for
wetland impacts.
22E.010.080 Exemptions to wetland regulations.
(1) See MMC 22E.010.320 for general exemptions to all critical areas.
(2) The following activities shall be exempt from the provisions of this chapter related to wetlands
and their buffers, provided they are conducted using best management practices on wetlands:
(a) Activities involving artificially created wetlands intentionally created from nonwetland
sites, including but not limited to grass-lined swales, irrigation and drainage ditches, detention
facilities, and landscape features, except wetlands created as mitigation.
(b) Work in wetlands created after July 1, 1990, that were unintentionally created as a
result of road, street, or highway construction.
(c) In addition, the director may waive compliance with wetland buffer and compensation
requirements for the fill of a Class IV wetland no greater than one-tenth of an acre in size if all the following criteria are met: (i) The wetland is not contiguous with a freshwater or estuarine system and is not
considered part of a mosaic wetland complex;
(ii) Standing water is not present in sufficient amounts to support breeding
amphibians;
Marysville Municipal Code Title 22 UDC
Title 22E-6
(iii) Species listed as federal endangered, threatened, and candidate species, or
listed by the state as endangered, threatened, and sensitive species, or essential habitat for those species, are not present;
(iv) Some form of mitigation is provided for the hydrologic and water quality
functions; for example, stormwater treatment or landscaping or other mitigation; and
(v) A wetland assessment prepared by a qualified professional, demonstrating the
waiver criteria are met.
(vi) The determination to waive requirements shall be reviewed through the city’s
SEPA review process as established in Chapter 22E.030 MMC.
(3) Notwithstanding the exemption provided by MMC 22E.010.320 and by this chapter, any
otherwise exempt activities occurring in or near wetlands shall comply with the intent of these
standards and shall consider on-site alternatives that avoid or minimize potential wetland impacts.
22E.010.090 Wetland inventory maps.
The approximate location and extent of wetlands within the city of Marysville’s planning area
are shown on the critical areas maps adopted as part of this chapter. These maps shall be used as a
general guide only for the assistance of property owners and the public; boundaries are generalized.
The actual category, extent and boundaries of wetlands shall be determined in the field by a qualified
scientific professional according to the procedures, definitions and criteria established by this chapter and Chapter 22A.020 MMC. In the event of any conflict between the wetland location or designation shown on the city of Marysville wetland areas maps and the criteria or standards of this chapter, the
criteria and standards resulting from the field investigation shall control.
22E.010.100 Wetland buffer areas.
(1) The establishment of wetland buffer areas shall be required for all development proposals and
activities adjacent to wetlands to protect the integrity, function and value of the wetland. Buffers shall
consist of an undisturbed area of native vegetation established to protect the functions and values of
the wetland. Buffers shall be determined in conjunction with considerations of wetland category and
quality, approved wetland alterations and required mitigation measures. Buffers are not intended to
be established or to function independently of the wetland they are established to protect; the
establishment of a buffer shall not operate to prevent a use or activity that would otherwise be
permitted as set forth in MMC 22E.010.080, subsections (7) and (8) of this section, and MMC
22E.010.320, in the wetland subject to mitigation.
(2) Buffers shall be measured from the wetland edge as delineated and marked in the field using
the wetland delineation methods defined in Chapter 22A.020 MMC. Required buffer widths shall reflect the sensitivity of the wetland and its category and intensity of human activity proposed to be
conducted near the wetland.
(3) Where existing buffer area plantings provide minimal vegetative cover and cannot provide the
minimum water quality or habitat functions, buffer enhancement shall be required. Where buffer
enhancement is required, a plan shall be prepared that includes plant densities not less than five feet
on center for shrubs and 10 feet on center for trees. Monitoring and maintenance of plants shall be
required in accordance with MMC 22E.010.160, Wetland monitoring program and contingency plan.
Existing buffer vegetation is considered “inadequate” and will require enhancement through additional
native plantings and removal of nonnative plants when:
(a) Nonnative or invasive plant species provide the dominate cover;
(b) Vegetation is lacking due to disturbance, and wetland resources could be
adversely affected; or
(c) Enhancement plantings in the buffer could significantly improve buffer
functions.
(4) The following buffer widths are established as minimum targets. All buffer widths shall be
measured from the wetland boundary as surveyed in the field. If according to the buffer mitigation
plan, the buffer is not sufficient to protect the wetland, the city shall require larger buffers where it is necessary to protect wetlands functions based on site-specific characteristics. As an alternative to the buffer width being based on wetland category, the buffer width for Category I wetlands may be
established according to the “Buffer Alternative 3” methodology contained in the Department of
Ecology’s document titled “Freshwater Wetlands in Washington State, Volume 2: Managing and
Protecting Wetlands, Appendix 8 C.” Buffer Alterative 3 establishes buffer widths based on wetland
category, intensity of impacts, and wetland functions or special characteristics.
Marysville Municipal Code Title 22 UDC
Title 22E-7
Wetland Buffer Widths
Wetland Category
Buffer
Width
Category I
Ebey Slough except in the following location: north and
south shore of Ebey Slough between the
western city limits, at approximately I-5, and 47th Ave. NE
125 feet
100 feet 25 feet
Category II 100 feet
Category III 75 feet
Category IV 35 feet
(5) Buffer widths may be modified by averaging buffer widths as set forth herein:
(a) Buffer width averaging shall be allowed only where the applicant demonstrates to the
community development department that the averaging will not impair or reduce the habitat, water
quality purification and enhancement, stormwater detention, ground water recharge, shoreline
protection and erosion protection and other functions of the wetland and buffer, that lower-intensity
land uses would be located adjacent to areas where buffer width is reduced, and that the total area
contained within the buffer after averaging is no less than that contained within the standard buffer
prior to averaging;
(b) Buffer reductions may be allowed for Category III and IV wetlands; provided, that the
applicant demonstrates the proposal meets criteria in subsections (5)(b)(i) through (iii) and either (iv)
or (v) of this section. Buffer width reduction proposals that meet the criteria as determined by the
director shall be reduced by no more than 25 percent of the required buffer and shall not be less than 25 feet in width. (i) The buffer area meets buffer area planting requirements in subsection (3) of
this section and MMC 22E.010.150 and has less than 15 percent slopes; and
(ii) A site-specific evaluation and documentation of buffer adequacy is based on
consideration of the best available science as described in MMC 22E.010.040; and
(iii) Buffer width averaging as outlined in subsection (5)(a) of this section is not
being utilized; and either
(iv) The subject property is separated from the wetland by pre-existing,
intervening, and lawfully created structures, public roads, or other substantial pre-existing intervening
improvements; and the intervening structures, public roads, or other substantial improvements are
found to separate the subject upland property from the wetland due to their height or width,
preventing or impairing the delivery of buffer functions to the wetland, in which cases the reduced
buffer width shall reflect the buffer functions that can be delivered to the wetland; or
(v) The wetland scores 19 points or less for wildlife habitat in accordance with the
rating system applied in MMC 22E.010.060, and mitigation is provided based on MMC 22E.010.150,
22E.010.370, and Table 2 below, when determined appropriate based on the evaluation criteria in
subsection (5)(b)(ii) of this section.
Table 2. Mitigation Measures
Disturbance Activities that may cause disturbance Measures to minimize impacts
Lights Parking lots, warehouses,
manufacturing,
high density
residential
Direct lights away from wetland
Noise Manufacturing, high density
residential
Place activity away from wetland
Pets and
Humans
Residential areas Landscaping to
delineate buffer
edge and to
Marysville Municipal Code Title 22 UDC
Title 22E-8
discourage
disturbance of
wildlife by humans and pets
Dust Tilled fields Best management practices for dust
control
(c) Notwithstanding the reductions permitted in subsections (5)(a) and (b) of this section,
buffer widths shall not be reduced by more than 25 percent of the required buffer.
(6) The buffer width stated in subsection (4) of this section shall be increased by 25 percent:
(a) When the qualified scientific professional determines, based upon a site-specific
wetland analysis, that for Category III and IV wetlands the habitat value equals or exceeds 20 points,
and for Category II wetlands the habitat value equals or exceeds 29 points; or
(b) When the adjacent land is susceptible to severe erosion and erosion control measures
will not effectively prevent adverse wetland impacts; or
(c) When the standard buffer has minimal or degraded vegetative cover that cannot be
improved through enhancement; or
(d) When the minimum buffer for a wetland exceeds into an area with a slope of greater than 25 percent, the buffer shall be the greater of:
(i) The minimum buffer for that particular wetland; or
(ii) Twenty-five feet beyond the point where the slope becomes 25 percent or
less.
(7) The community development director may authorize the following low impact uses and
activities provided they are consistent with the purpose and function of the wetland buffer and do not
detract from its integrity: viewing platforms and interpretive signage, uses permitted within the buffer
shall be located in the outer 25 percent of the buffer.
(8) Trails and Open Space. For walkways and trails, and associated open space in critical buffers
located on public property, or on private property where easements or agreements have been granted
for such purposes, all of the following criteria shall be met:
(a) The trail, walkway, and associated open space shall be consistent with the
comprehensive parks, recreation, and open space master plan. The city may allow private trails as
part of the approval of a site plan, subdivision or other land use permit approvals.
(b) Trails and walkways shall be located in the outer 25 percent of the buffer, i.e., the portion of the buffer that is farther away from the critical area. Exceptions to this requirement may be
made for: (i) Trail segments connecting to existing trails where an alternate alignment is not
practical and where public access points to water bodies are spaced periodically along the trail.
(c) Enhancement of the buffer area is required where trails are located in the buffer.
Where enhancement of the buffer area adjacent to a trail is not feasible due to existing high quality
vegetation, additional buffer area or other mitigation may be required.
(d) Trail widths shall be a maximum width of 10 feet. Trails shall be constructed of
permeable materials; provided, that impervious materials may be allowed if pavement is required for
handicapped or emergency access, or safety, or is a designated nonmotorized transportation route or
makes a connection to an already dedicated trail, or reduces potential for other environmental
impacts.
(9) Utilities may be allowed in wetlands or wetland buffers if limited to the pipelines, cables, wires and
support structures of utility facilities within utility corridors when the following standards are met:
(a) There is no alternative location with less adverse impact on the critical area and
critical area buffer;
(b) New utility corridors are not located over habitat used for salmonid rearing or
spawning or by a species listed in MMC 22E.010.170(1)(a) unless the department determines that there is no other feasible crossing site;
(c) To the maximum extent practical utility corridors are located so that:
(i) The width is minimized;
(ii) The removal of trees is minimized;
(iii) An additional, contiguous and undisturbed wetland buffer, equal in area to the
disturbed critical area buffer area including any allowed maintenance roads, is provided to protect the
wetland;
Marysville Municipal Code Title 22 UDC
Title 22E-9
(d) To the maximum extent practical, access for maintenance is at limited access points
into the critical area buffer rather than by a parallel maintenance road. If a parallel maintenance road is necessary, the following standards are met:
(i) To the maximum extent practical the width of the maintenance road is
minimized and in no event greater than 15 feet; and
(ii) The location of the maintenance road is contiguous to the utility corridor on
the side of the utility corridor farthest from the critical area;
(e) The utility corridor or facility will not adversely impact the overall wetland hydrology;
(f) The utility corridor serves multiple purposes and properties to the maximum extent
practical;
(g) Bridges or other construction techniques that do not disturb the wetlands are used to
the maximum extent practical;
(h) Bored, drilled or other trenchless crossing is laterally constructed under a wetland;
provided, that the activity does not interrupt the ground water connection to the wetland or
percolation of surface water down through the soil column. Specific studies by a hydrologist shall be
conducted to determine whether the ground water connection to the wetland or percolation of surface
water down through the soil column could be disturbed.
(10) Storm water management facilities, such as biofiltration swales and dispersion facilities, may
be located within the outer 25 percent of wetland buffers only if they will have no negative effect on the functions and purpose the buffers serve for the wetland or on the hydrologic conditions, hydrophytic vegetation, and substrate characteristics necessary to support existing and designated
beneficial uses.
(11) For subdivisions and short subdivisions, the applicable wetland and associated buffer
requirements for any development or redevelopment of uses specifically identified in, and approved as
part of, the original subdivision or short subdivision application shall be those requirements in effect at
the time that the complete subdivision or short subdivision application was filed; provided, that for
subdivisions this provision shall be limited to final plats reviewed and approved under Ordinance 1928,
“Sensitive Areas,” adopted December 14, 1992, or as amended at the time of final plat approval.
However, at the discretion of the community development director a buffer enhancement plan may be
required in accordance with subsection (3) of this section if the wetland or buffer has become
degraded or is currently not functioning or if the wetland and/or buffer maybe negatively affected by
the proposed new development.
(12) Minor additions or alterations, such as decks and minor additions less than 120 square feet,
interior remodels, or tenant improvements which have no impact on the wetland or wetland buffer,
are exempt from the buffer enhancement requirements. (13) Required buffers shall not deny all reasonable use of property. A variance from buffer width
requirements may be granted by the hearing examiner for the city of Marysville upon showing by the
applicant that:
(a) There are special circumstances applicable to the subject property or to the intended
use such as shape, topography, location or surroundings that do not apply generally to other
properties and which support the granting of a variance from buffer width requirements; and
(b) Such buffer width variance is necessary for the preservation and enjoyment of a
substantial property right or use possessed by other similarly situated property but which because of
special circumstances is denied to the property in question; and
(c) The granting of such buffer width variance will not be materially detrimental to the
public welfare or injurious to the property or improvement; and
(d) The granting of the buffer width variance will not materially affect the subject wetland;
(e) Best available science, as set forth in MMC 22E.010.040, shall be taken into
consideration in the granting of a buffer width variance.
22E.010.110 Wetland alteration and mitigation.
(1) All adverse impacts to wetland functions and values shall be mitigated. Mitigation actions by an applicant or property owner shall occur in the following priority sequence: (a) Avoiding the impact altogether by not taking a certain action or parts of actions;
(b) Minimizing impacts by limiting the degree or magnitude of the action and its
implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce
impacts;
(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment;
Marysville Municipal Code Title 22 UDC
Title 22E-10
(d) Reducing or eliminating the impact over time by preservation and maintenance
operations; (e) Compensating for the impact by replacing or providing substitute resources or
environments;
(f) Monitoring the impact and taking appropriate corrective measures.
(2) Where impacts cannot be avoided, the applicant or property owner shall seek to implement
other appropriate mitigation actions in compliance with the intent, standards and criteria of this
section. These shall include consideration of alternative site plans and building layouts or reductions in
the density or scope of the proposal.
(3) Alteration of wetlands or their buffers may be permitted by the community development
department subject to the following criteria:
(a) Category I Wetlands. Alterations of Category I wetlands shall be avoided, subject to
the reasonable use provisions of these regulations.
(b) Category II Wetlands.
(i) Any proposed alteration and mitigation shall comply with requirements of this
section, MMC 22E.010.120, and 22E.010.140 through 22E.010.160; and
(ii) No net loss of wetland function and value will occur due to the alteration.
(c) Category III and IV Wetlands.
(i) The proposed mitigation complies with the requirements of this section and MMC 22E.010.140 through 22E.010.160; and (ii) Where enhancement is proposed, replacement ratios comply with the
requirements of MMC 22E.010.120(3).
22E.010.120 Wetland mitigation standards and criteria.
(1) Location and Timing of Mitigation.
(a) Restoration, creation, or enhancement actions should be undertaken on or adjacent to
the site, or where restoration or enhancement of a former wetland is proposed, within the same
watershed. Replacement in-kind of the impacted wetland is preferred for creation, restoration, or
enhancement actions. The city may accept or recommend restoration, creation, or enhancement which
is off-site and/or out-of-kind, if the applicant can demonstrate that on-site or in-kind restoration,
creation, or enhancement is infeasible due to constraints such as parcel size or wetland type or that a
wetland of a different type or location is justified based on regional needs or functions;
(b) Whether occurring on-site or off-site, the mitigation project shall occur near an
adequate water supply with a hydrologic connection to the wetland to ensure a successful wetlands
development or restoration; (c) Any agreed-upon proposal shall be completed before initiation of other permitted
activities, unless a phased or concurrent schedule has been approved by the community development
department;
(d) Wetland acreage replacement ratios shall be as specified in subsection (3) of this
section.
(2) Mitigation Performance Standards.
(a) Adverse impacts to wetland functions and values shall be mitigated. Mitigation actions
shall be implemented in the preferred sequence identified in MMC 22E.010.110(1). Proposals which
include less preferred or compensatory mitigation shall demonstrate that:
(i) All feasible and reasonable measures will be taken to reduce impacts and
losses to the original wetland;
(ii) No overall net loss will occur in wetland functions, values and acreage; and
(iii) The restored, created or enhanced wetland will be as persistent and
sustainable as the wetland it replaces.
(3) Wetland Replacement Ratios.
(a) Where wetland alterations are permitted by this chapter, the applicant shall restore or
create equivalent areas of wetlands in order to compensate for wetland losses. Equivalent areas shall be determined according to acreage, function, category, location, timing factors, and projected success of restoration or creation;
(b) Where wetland creation is proposed, all required buffers for the creation site shall be
located on the proposed creation site. Properties adjacent to or abutting wetland creation projects
shall not be responsible for providing any additional buffer requirements.
(c) The following acreage replacement ratios shall be used as targets. The community
development department may vary these standards if the applicant can demonstrate and the
Marysville Municipal Code Title 22 UDC
Title 22E-11
community development department agrees that the variation will provide adequate compensation for
lost wetland area, functions and values, or if other circumstances as determined by the community development department justify the variation:
Wetland Mitigation Ratios
Category and
Type of Wetland
Re-Establishment or
Creation Rehabilitation
Re-Establishment or Creation (R/C)
and Enhancement
(E)
Enhancement
Only
Category I
Forested 6:1 12:1 1:1 R/C and 10:1 E 24:1
Based on Score
for Functions
4:1 8:1 1:1 R/C and 6:1 E 16:1
Estuarine Case by Case 6:1
Rehabilitation of an
Estuarine Wetland
Case by Case Case by Case
Bog Irreplaceable – Avoidance
Required
6:1
Rehabilitation of a Bog
Case by Case Case by Case
Natural Heritage Irreplaceable – Avoidance
Required
6:1
Rehabilitation of a Natural Heritage Site
Case by Case Case by Case
Category II
Estuarine Case by Case 4:1 Case by Case Case by Case
All Other 3:1 8:1 1:1 R/C and 4:1 E 12:1
Category III 2:1 4:1 1:1 R/C and 2:1 E 8:1
Category IV 1.5:1 3:1 1:1 R/C and 2:1 E 6:1
Creation = The manipulation of the physical, chemical, or biological characteristics present to develop a wetland on
an upland or deepwater site, where a wetland did not previously exist. Activities typically involve excavation of
upland soils to elevation that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species. Establishment result in a gain in wetland acres.
Re-Establishment = The manipulation of the physical, chemical, or biological characteristics of a site with the goal
of returning natural or historic functions to a former wetland. Activities could include removing fill material, plugging
ditches, or breaking drain tiles. Re-establishment results in a gain in wetland acres.
Rehabilitation = The manipulation of the physical, chemical, or biological characteristics of a site with the goal of
repairing natural or historic function of a degraded wetland. Activities could involve breaching a dike or reconnecting
wetland to a floodplain or returning tidal influence to a wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres.
Enhancement = The manipulation of the physical, chemical or biological characteristics of a wetland site to
heighten, intensify or improve functions or to change the growth stage or composition of the vegetation present.
Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or habitat. Activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying the site elevation or the proportion of open water to influence hydroperiods, or some combination of these. Enhancement
results in a change in some wetland functions and can lead to a decline in other wetland function, but does not result
in a gain in wetland acres.
(d) The qualified scientific professional in the wetlands report may, where feasible,
recommend that restored or created wetlands shall be a higher wetland category than the altered
wetland.
(4) The community development director may increase the ratios under the following
circumstances:
(a) Uncertainty exists as to the probable success of the proposed restoration or creation;
(b) A significant period of time will elapse between impact and replication of wetland
functions;
(c) Proposed mitigation will result in a lower category of wetland or reduced functions
relative to the wetland being impacted; or
(d) The impact was an unauthorized impact.
Marysville Municipal Code Title 22 UDC
Title 22E-12
22E.010.130 Wetland mitigation banks.
Wetland mitigation banks are a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation
in advance of authorized impacts to similar resources.
(1) Credits from a wetland bank may be approved for use as compensation for unavoidable
impacts to wetlands when:
(a) The bank is certified under Chapter 173-700 WAC;
(b) The community development director determines that the wetland mitigation bank
provides appropriate compensation for the authorized impacts; and
(c) The proposed use of credits is consistent with the terms and conditions of the bank’s
certification.
(2) Replacement ratios for projects using bank credits shall be consistent with the terms and
conditions of the bank’s certification.
(3) Credits from a certified wetland mitigation bank may be used to compensate for impacts
located within the service area specified in the bank’s certification. In some cases, bank service areas
may include portions of more than one adjacent drainage basin for specific wetland functions.
22E.010.140 Wetland mitigation plan requirements.
Where it is determined by the city that compensatory wetland mitigation is required or appropriate, a mitigation plan shall be prepared. The purpose of the plan is to prescribe mitigation to compensate for impacts to the wetland functions, values and acreage as a result of the proposed
action. This plan shall consider the chemical, physical, and biological impacts on the wetland system
using a recognized wetlands assessment methodology and best professional judgment. The mitigation
plan shall be prepared in two phases, a preliminary phase and a detailed phase.
(1) Preliminary Plan – Standards and Criteria. The applicant shall prepare a preliminary mitigation
plan for submission to the community development department at the time of application filing. The
preliminary mitigation plan shall include the following components and shall be consistent with the
standards in MMC 22E.010.120:
(a) A clear statement of the objectives of the mitigation. The goals of the mitigation plan
should be stated in terms of the new wetland functions and values compared to the functions and
values of the original wetland. Objectives should include qualitative and quantitative standards for
success of the project, including:
(i) Hydrologic characteristics (water depths, water quality,
hydroperiod/hydrocycle characteristics, flood storage capacity);
(ii) Vegetative characteristics (community types, species composition, density, and spacing);
(iii) Faunal characteristics; and
(iv) Final topographic elevations;
(b) An ecological assessment of the wetlands values and wetland buffers that will be lost
as a result of the activities, and of the replacement wetlands and buffers, including but not limited to
the following:
(i) Acreage of project;
(ii) Existing functions and values;
(iii) Sizes of wetlands, wetland buffers, and areas to be altered;
(iv) Vegetative characteristics, including community type, area coverage, species
composition and density;
(v) Habitat type(s) to be enhanced, restored, or created;
(c) A statement of the location, elevation, and hydrology of the new site, including the
following:
(i) Relationship of the project to the watershed and existing water bodies;
(ii) Topography of site using one-foot contour intervals;
(iii) Water level data, including depth and duration of seasonally high water table; (iv) Water flow patterns; (v) Estimated amounts of grading, filling and excavation, including a description of
imparted soils;
(vi) Water pollution mitigation measures during construction;
(vii) Aerial coverage of planted areas to open water areas (if any open water is to
be present); and
(viii) Appropriate buffers;
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(d) A conceptual planting plan.
(2) Prior to final development approval, a final plan consistent with the standards in MMC 22E.010.160 shall be submitted. In addition to information contained within the preliminary plan, the
detailed plan will contain:
(a) A detailed planting plan, describing what will be planted, and where and when the
planting will occur as follows:
(i) Soils and substrate characteristics;
(ii) Specify substrate stockpiling techniques;
(iii) Planting instructions, including species, stock type and size, density or spacing
of plants, and water and nutrient requirements; and
(iv) Dates for beginning and completion of mitigation project, and sequence of
construction activities;
(b) A monitoring and maintenance plan, consistent with MMC 22E.010.160:
(i) Specify procedures for monitoring and site maintenance; and
(ii) Submit monitoring reports to the community development department as
outlined in MMC 22E.010.160(2)(d)(i) through (vi);
(c) A contingency plan, consistent with these regulations;
(d) A detailed budget for implementation of the mitigation plan, including monitoring,
maintenance and contingency phases; (e) A guarantee, in the form of a bond or other security device in a form acceptable to the city attorney, assuring that the work will be performed as planned and approved, consistent with MMC
22E.010.160(2).
22E.010.150 Performance standards for wetland mitigation planning.
(1) The following performance standards shall be incorporated into mitigation plans submitted to
the city of Marysville:
(a) Use native plants (not introduced or foreign species);
(b) Use plants adaptable to a broad range of water depths;
(c) Plants should be commercially available or available from local sources;
(d) Plant species high in food and cover value for fish and wildlife;
(e) Plant mostly perennial species;
(f) Avoid committing significant areas of site to species that have questionable potential
for successful establishment;
(g) Plant selection must be approved by a qualified scientific professional;
(h) Planting densities and placement of plants should be determined by the qualified scientific professional and shown on the design plans;
(i) The wetland (excluding the buffer area) should not contain more than 60 percent open
water as measured at the seasonal high water mark;
(j) Minimum buffer widths as outlined in MMC 22E.010.100;
(k) The planting plan must be approved by the city’s community development director or
consultant;
(l) Stockpiling should be confined to upland areas and contract specifications should limit
stockpile durations to less than four weeks;
(m) Planting instructions which describe proper placement, diversity, and spacing of seeds,
tubers, bulbs, rhizomes, sprigs, plugs, and transplanted stock;
(n) Apply controlled-release fertilizer at the time of planting and afterward only as plant
conditions warrant (determined during the monitoring process) and with consideration of run-off and a
type that will minimize impacts beyond the area intended;
(o) Install an irrigation system, if necessary, for initial establishment period as determined
by the planning director or their designated official;
(p) Buffers shall be surveyed, staked, and fenced prior to any construction work, including
grading and clearing, may take place on the site. Permanent fencing is required pursuant to MMC 22E.010.370; (q) Temporary erosion and sedimentation controls, pursuant to an approved plan, shall be
implemented during construction; and
(r) Construction specifications and methods must be approved by a qualified scientific
professional and the community development department.
(2) The following additional standards shall apply to wetland creation sites:
(a) Water depth is not to exceed 6.5 feet (two meters);
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(b) The grade or slope that water flows through the wetland is not to exceed six percent;
(c) Slopes within the wetland basin and the buffer zone should not be steeper than three to one ratio (horizontal to vertical);
(3) On completion of construction, the wetland mitigation project must be signed off to indicate
that the construction has been completed as planned, by the applicant’s qualified scientific
professional and the community development department.
22E.010.160 Wetland monitoring program and contingency plan.
(1) A monitoring program shall be implemented to determine the success of the mitigation project
and any necessary corrective actions. This program shall determine if the original goals and objectives
are being met.
(2) A contingency plan shall be established for compensation in the event that the mitigation
project is inadequate or fails. Security for performance in accordance with Chapter 22G.040 MMC is
required for performance, monitoring and maintenance in accordance with the terms of the mitigation
agreement. The security for performance shall be for a period of five years, but the community
development department may agree to reduce the security in phases in proportion to work
successfully completed over the duration of the security.
(a) During monitoring, use scientific procedures for establishing the success or failure of
the project; (b) For vegetation determinations, permanent sampling points shall be established; (c) Vegetative success equals 80 percent survival of planted trees and shrubs and 80
percent cover of desirable understory or emergent species;
(d) Submit monitoring reports on the current status of the mitigation project to the
community development department. The reports are to be prepared by a qualified scientific
professional and reviewed by the community development department and should include monitoring
information on wildlife, vegetation, water quality, water flow, storm water storage and conveyance,
and existing or potential degradation, and shall be produced on the following schedule:
(i) At time of construction;
(ii) Thirty days after planting;
(iii) Early in the growing season of the first year;
(iv) End of the growing season of first year;
(v) Twice the second year; and
(vi) Annually thereafter;
(e) Monitor between three and five growing seasons, depending on the complexity of the
wetland system. The time period will be determined and specified in writing prior to the implementation of the site plan;
(f) If necessary, correct for failures in the mitigation project;
(g) Replace dead or undesirable vegetation with appropriate plantings, based on the
approved planting plan or MMC 22E.010.150;
(h) Repair damages caused by erosion, settling or other geomorphological processes;
(i) Redesign mitigation project (if necessary) and implement the new design; and
(j) Correction procedures shall be approved by a qualified scientific professional and the
community development department.
Article III. Fish and Wildlife Habitat Areas
22E.010.170 Fish and wildlife habitat conservation areas designated.
While not all of the below listed critical habitat areas exist in the city of Marysville, these
regulations provide for the protection of the following fish and wildlife habitat conservation areas:
(1) Primary fish and wildlife habitat conservation areas shall include the following:
(a) Habitats with federally designated endangered, threatened, and candidate species and
state designated endangered, threatened, and sensitive species which have a primary association as defined in Chapter 22A.020 MMC. Federally designated endangered, threatened and candidate species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National
Marine Fisheries Service that are in danger of extinction or threatened to become endangered. The
U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted for
current listing status. State designated endangered, threatened, and sensitive species are those fish
and wildlife species native to the state of Washington identified by the Washington Department of Fish
and Wildlife, that are in danger of extinction, threatened to become endangered, vulnerable, or
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declining and are likely to become endangered or threatened in a significant portion of their range
within the state without cooperative management or removal of threats. State designated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 (State
Endangered Species) and WAC 232-12-011 (State Threatened and Sensitive Species). The State
Department of Fish and Wildlife maintains the most current listing and should be consulted for current
listing status.
(b) State designated priority habitats and areas that are associated with state designated
endangered, threatened, and sensitive species in subsection (1)(a) of this section. Priority habitats
and species are considered to be priorities for conservation and management. Priority species require
protective measures for their perpetuation due to their population status, sensitivity to habitat
alteration, and or recreational, commercial, or tribal importance. Priority habitats are those habitat
types or elements with unique or significant value to a diverse assemblage of species. A priority
habitat may consist of a unique vegetation type or dominant plant species, a described successional
state, or a specific structural element. Priority habitats and species are identified by the Department of
Fish and Wildlife.
(c) Naturally occurring ponds under 20 acres or not less than 0.50 acres (lakes greater
than 20 acres are covered under shoreline regulations).
(d) Lakes, ponds, streams and rivers planted with game fish by a governmental or tribal
entity. (e) State natural area preserves and natural resource conservation areas. (f) Areas of rare plant species and high quality ecosystems as documented by the State
Department of Natural Resources Heritage Program.
(g) Land that provides essential connections between habitat blocks and open space and
that is designated by the State Department of Fish and Wildlife as a priority habitat in association with
state endangered, threatened, or sensitive species in subsection (1)(a) of this section.
(h) Streams as defined and classified in Chapter 22A.020 MMC.
(2) Habitats and species of local importance are those identified by the city, including but not
limited to those habitats and species that, due to their population status or sensitivity to habitat
manipulation, warrant protection. Habitats may include a seasonal range or habitat element with
which a species has a primary association, and which, if altered, may reduce the likelihood that the
species will maintain and reproduce over the long term.
(a) Designation Process. The city shall accept and consider nomination for habitat areas
and species to be designated as locally important on an annual basis.
(b) Habitats and species to be designated shall exhibit at least one of the criteria in
subsections (2)(b)(i) to (iii) of this section and shall meet criteria in subsections (2)(b)(iv) and (v) of this section.
(i) Local populations of native species are in danger of extirpation based on
existing trends, including:
(A) Local populations of native species that are likely to become
endangered; or
(B) Local populations of native species that are vulnerable or declining; or
(ii) The species or habitat has recreation, commercial, game, tribal, or other
special value; or
(iii) Long-term persistence of a species is dependent on the protection,
maintenance, and/or restoration of the nominated habitat; and
(iv) Protection by other county, state, or federal policies, laws, regulations, or
nonregulatory tools is not adequate to prevent degradation of the species or habitat in the city; and
(v) Without protection, there is a likelihood that the species or habitat will be
diminished over the long term.
(c) Areas nominated to protect a particular habitat or species must represent high-quality
native habitat or habitat that either has a high potential to recover to a suitable condition and is of
limited availability or provides landscape connectivity which contributes to the designated species or habitat’s preservation. (d) Habitats and species may be nominated for designation by any resident of Marysville.
(e) The petition to nominate an area or a species to this category shall contain all of the
following:
(i) A completed SEPA environmental checklist;
(ii) A written statement using best available science to show that nomination
criteria in subsections (2)(b) and (c) of this section are met;
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(iii) A written proposal including specific and relevant protection regulations that
meet the goals of this chapter. Management strategies must be supported by the best available science, and where restoration of habitat is proposed, a specific plan for restoration must be provided;
(iv) Demonstration of relevant, feasible, management strategies that are effective
and within the scope of this chapter;
(v) Provision of species habitat location(s) on a map that works in concert with
other city maps;
(vi) An economic impact (cost/benefit) analysis of proposal;
(vii) Documentation of public notice methods that the petitioner(s) have used.
Examples of reasonable methods are:
(A) Posting the property;
(B) Publishing a paid advertisement in a newspaper or newsletter of
circulation in the general area of the proposal, where interested persons may review information on
the proposal. Information in the notice must contain a description of the proposal, general location of
the affected area and where comments on the proposal may be sent;
(C) Notification to public or private groups in the affected area that may
have an interest in the petition;
(D) News media articles that have been published concerning the
proposal; (E) Notices placed at public buildings or bulletin boards in the affected area;
(F) Mailing of informational flyers to property owners within the affected
area;
(viii) Signatures of all petitioners.
(g) The community development director shall determine whether the nomination
proposal is complete, and if complete, shall evaluate it according to the characteristics enumerated in
subsection (2)(b) of this section and make a recommendation to the planning commission based on
those findings.
(h) The planning commission shall hold a public hearing for proposals found to be
complete and make a recommendation to the city council based on the characteristics enumerated in
subsection (2)(b) of this section.
(i) Following the recommendation of the planning commission, the city council may hold
an additional public hearing and shall determine whether to designate a habitat or species of local
importance.
(j) Approved nominations will be subject to the provisions of this title.
22E.010.180 Regulated activities in habitats.
The following activities within a habitat and its associated buffer as set forth in MMC
22E.010.220, or outside a habitat or buffer but with the potential of adversely affecting the habitat or
buffer, shall be regulated pursuant to the standards of this chapter:
(1) Removing, excavating, disturbing or dredging soil, sand, gravel, minerals, organic matter or
materials of any kind.
(2) Dumping, discharging or filling with any material.
(3) Draining, flooding or disturbing the water level or water table.
(4) Driving piling or placing obstructions.
(5) Constructing, reconstructing, demolishing or altering the size of any structure or
infrastructure.
(6) Construction of any on-site sewage disposal system, or other underground facilities, except
exempted activities.
(7) Destroying or altering habitat vegetation through clearing, harvesting, shading or planting
vegetation that would alter the character of a habitat or buffer, the shade and protection for a stream,
or that is a source of food or habitat for fish or game. (8) Activities that result in significant changes in water temperature, physical or chemical characteristics of water sources, including water quantity and quality, soil flow, natural ground
contours, or pollutants.
(9) Relocation of the natural course of the stream, or modification of the flow characteristics
thereof.
(10) Any other activity potentially affecting a habitat or habitat buffer not otherwise exempt from
the provisions of this chapter.
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22E.010.190 Exemptions from fish and wildlife regulations. (1) See MMC 22E.010.320 for general exemptions to all critical areas.
(2) The following activities shall be exempt from the provisions of this chapter related to fish and
wildlife habitat provided they are conducted using best management practices:
(a) Activities involving artificially created habitat, including but not limited to grass-lined
swales, irrigation and drainage ditches, detention facilities such as ponds, and landscape features,
except for habitat areas created as mitigation and artificially created habitats used by salmonid fish;
(b) Prior to the effective date of the ordinance codified in this chapter, all commercial and
industrial uses, developments, and activities which exist within the stream buffers shall be allowed to
continue in existence, and to be repaired, maintained and remodeled as provided in Chapter 22C.100
MC, Nonconforming Situations.
(3) No private or public entity shall undertake exempt activities as listed in this section prior to
providing the city written notification of the entity’s intent to proceed with an exempt activity. The city
shall verbally confirm whether or not the activity is exempt and where needed provide written
authorization within 30 days of receipt of the written notice.
(4) In case of any questions as to whether a particular activity is exempt under provisions of this
section, the community development department’s determination shall prevail and be determinative.
(5) Notwithstanding the exemption provided by this section, any otherwise exempt activities occurring in or near critical habitat areas shall comply with the intent of these standards and shall consider on-site alternatives that avoid or minimize potential habitat impacts. Exempt activities shall
use reasonable methods (i.e., best management practices) to avoid potential impacts to fish and
wildlife habitat.
22E.010.200 Fish and wildlife habitat inventory maps.
(1) The approximate location and extent of habitat areas within the city of Marysville’s planning
area are shown on the maps adopted as part of this chapter. These maps shall be used as a general
guide only for the assistance of property owners and other interested parties; boundaries are
generalized. The actual type, extent and boundaries of habitat areas shall be determined by a qualified
scientific professional according to the procedures, definitions and criteria established by this chapter.
In the event of any conflict between the habitat location or type shown on the city’s fish and wildlife
conservation areas maps and the criteria or standards of this chapter, the criteria and standards
resulting from the field investigation shall control.
(2) The following maps are hereby adopted for the purpose set forth in subsection (1) of this
section: (a) City of Marysville Fish and Wildlife Conservation Areas Map;
(b) Washington Department of Fish and Wildlife Priority Habitat and Species Maps;
(c) Washington State Department of Natural Resources, Official Water Type Reference
Maps, as amended;
(d) Washington State Department of Natural Resources Natural Heritage Program
mapping data;
(e) Washington State Department of Natural Resources State Natural Area Preserves and
Natural Resources Conservation Area Maps;
(f) Washington State Department of Health Annual Inventory of Shellfish Harvest Areas;
(g) Anadromous and resident salmonid distribution maps contained in the Habitat Limiting
Factors Reports published by the Washington Conservation Commission;
(h) Washington State Department of Natural Resources Puget Sound Intertidal Habitat
Inventory Maps; and
(i) Washington State Department of Natural Resources Shorezone Inventory or Northwest
Straits Commission – Snohomish County Marine Resources Committee Inventory.
22E.010.210 Classification of fish and wildlife habitat areas. (1) Streams. Streams shall be classified according to the stream type system as provided in WAC 222-16-030, Stream Classification System, as amended.
(a) Type S Stream. Those streams, within their ordinary high water mark, as inventoried
as “shorelines of the state” under Chapter 90.58 RCW and the rules promulgated pursuant thereto.
(b) Type F Stream. Those stream segments within the ordinary high water mark that are
not Type S streams, and which are demonstrated or provisionally presumed to be used by salmonid
fish. Stream segments which have a width of two feet or greater at the ordinary high water mark and
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have a gradient of 16 percent or less for basins less than or equal to 50 acres in size, or have a
gradient of 20 percent or less for basins greater than 50 acres in size are provisionally presumed to be used by salmonid fish. A provisional presumption of salmonid fish use may be refuted at the discretion
of the community development director where any of the following conditions are met:
(i) It is demonstrated to the satisfaction of the city that the stream segment in
question is upstream of a complete, permanent, natural fish passage barrier, above which no stream
section exhibits perennial flow;
(ii) It is demonstrated to the satisfaction of the city that the stream segment in
question has confirmed, long-term, naturally-occurring water quality parameters incapable of
supporting salmonid fish;
(iii) Sufficient information about a geomorphic region is available to support a
departure from the characteristics described above for the presumption of salmonid fish use, as
determined in consultation with the Washington Department of Fish and Wildlife, the Department of
Ecology, affected tribes, or others;
(iv) The Washington Department of Fish and Wildlife has issued a hydraulic project
approval pursuant to RCW 77.55.100, which includes a determination that the stream segment in
question is not used by salmonid fish;
(v) No salmonid fish are discovered in the stream segment in question during a stream
survey conducted according to the protocol provided in the Washington Forest Practices Board Manual, Section 13, Guidelines for Determining Fish Use for the Purpose of Typing waters under WAC 222-16-031; provided, that no unnatural fish passage barriers have been present downstream of said stream
segment over a period of at least two years.
(c) Type Np Stream. Those stream segments within the ordinary high water mark that are
perennial and are not Type S or Type F streams. However, for the purpose of classification, Type Np
streams include intermittent dry portions of the channel below the uppermost point of perennial flow.
If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations
(see Washington Forest Practices Board Manual, Section 23), then said point shall be determined by a
qualified professional selected or approved by the city.
(d) Type Ns Stream. Those stream segments within the ordinary high water mark that are
not Type S, Type F, or Type Np streams. These include seasonal streams in which surface flow is not
present for at least some portion of a year of normal rainfall that are not located downstream from
any Type Np stream segment.
22E.010.220 Fish and wildlife habitat buffer areas.
(1) The establishment of buffer areas shall be required for regulated activities in or adjacent to habitat areas. Buffers shall consist of an undisturbed area of native vegetation established to protect
the integrity, functions and values of the affected habitat. Activities within buffers should not result in
any net loss of the functions and values associated with streams and their buffers.
(a) The following buffer widths are established:
Streams Buffer
Type S
Quilceda Creek Ebey Slough
Except in the following location
north and south shore of Ebey Slough between the western city limits and 47th Ave. NE
200 feet
100 feet 25 feet
Type F Gissberg Twin Lakes 150 feet Lake setbacks
correspond to
county park boundaries
Type Np 100 feet
Type Ns 50 feet
(b) Federal, State, and Local Habitats and Species.
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(i) Except for waters subject to subsection (1)(a) of this section, and bald eagles
subject to subsection (1)(b)(ii) of this section, the establishment of buffer areas may be required for regulated activities in or adjacent to federal, state, and local species and habitat areas as designated
pursuant to MMC 22E.010.170 and 22E.010.210. Buffers shall consist of an undisturbed area of native
vegetation established to protect the integrity, functions and values of the affected habitat. Required
buffer widths shall reflect the sensitivity of the habitat and the type and intensity of human activity
proposed to be conducted nearby. Buffers shall be determined by the department based on
information in the biological/habitat report, a habitat management plan approved by the Department
of Fish and Wildlife supplemented by its own investigations, the intensity and design of the proposed
use, and adjacent uses and activities. Buffers are not intended to be established or to function
independently of the habitat they are established to protect. Buffers shall be measured from the edge
of the habitat area.
(ii) Bald eagle habitat shall be protected pursuant to the Washington State Bald
Eagle Protection Rules (WAC 232-12-292).
(2) Where existing buffer area plantings provide minimal vegetative cover and cannot provide the
minimum water quality or habitat functions, buffer enhancement shall be required. Where buffer
enhancement is required, a plan shall be prepared that includes plant densities that are not less than
five feet on center for shrubs and 10 feet on center for trees. Monitoring and maintenance of plants
shall be required in accordance with MMC 22E.010.260. Existing buffer vegetation is considered “inadequate” and will require enhancement through additional native plantings and removal of nonnative plants when:
(a) Nonnative or invasive plant species provide the dominate cover;
(b) Vegetation is lacking due to disturbance and stream resources could be adversely
affected; or
(c) Enhancement planting in the buffer could significantly improve buffer functions. If
according to the buffer enhancement plan, additional buffer mitigation is not sufficient to protect the
habitat, the city shall require larger buffers where it is necessary to protect habitat functions based on
site-specific characteristics.
(3) Measurement of Buffers.
(a) Stream Buffers. All buffers shall be measured from the ordinary high water mark as
identified in the field or, if that cannot be determined, from the top of the bank. In braided channels
and alluvial fans, the ordinary high water mark or top of bank shall be determined so as to include the
entire stream feature;
(b) Combination Buffers. Any stream adjoined by a wetland or other adjacent habitat area
shall have the buffer which applies to the wetland or other habitat area unless the stream buffer requirements are more expansive.
(4) Buffer widths may be modified by averaging buffer widths as set forth herein:
(a) Buffer width averaging shall be allowed only where the applicant demonstrates to the
community development department that the averaging will not impair or reduce habitat, water
quality purification and enhancement, stormwater detention, ground water recharge, shoreline
protection and erosion protection and other functions of the stream and buffer, that lower intensity
land uses would be located adjacent to areas where buffer width is reduced, and that the total area
contained within the buffer after averaging is no less than that contained within the standard buffer
prior to averaging;
(b) Notwithstanding the reductions permitted in subsection (4)(a) of this section, buffer
widths shall not be reduced by more than 25 percent of the required buffer.
(5) The buffer width stated in subsection (2) of this section shall be increased in the following
circumstances:
(a) When the adjacent land is susceptible to severe erosion and erosion control measures
will not effectively prevent adverse habitat impacts; or
(b) When the standard buffer has minimal or degraded vegetative cover that cannot be
improved through enhancement; or (c) When the minimum buffer for a habitat extends into an area with a slope of greater than 25 percent, the buffer shall be the greater of:
(i) The minimum buffer for that particular habitat; or
(ii) Twenty-five feet beyond the point where the slope becomes 25 percent or
less.
(6) The community development director may authorize the following low impact uses and
activities provided they are consistent with the purpose and function of the habitat buffer and do not
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detract from its integrity may be permitted within the buffer depending on the sensitivity of the
habitat involved. To the extent reasonably practicable, examples of uses and activities which may be permitted in appropriate cases include pedestrian trails, viewing platforms, interpretive signage, utility
easements and the installation of underground utilities pursuant to best management practices. Uses
permitted within the buffer shall be located in the outer 25 percent of the buffer.
(7) Trails and Open Space. For walkways and trails, associated open space in critical buffers
located on public property, or on private property where easements or agreements have been granted
for such purposes all of the following criteria shall be met.
(a) The trail, walkway, and associated open space shall be consistent with the
comprehensive parks, recreation, and open space master plan. The city may allow private trails as
part of the approval of a site plan, subdivision or other land use permit approvals.
(b) Trails and walkways shall be located in the outer 25 percent of the buffer, i.e., the
portion of the buffer that is farther away from the critical area. Exceptions to this requirement may be
made for:
(i) Trail segments connecting to existing trails where an alternate alignment is not
practical. Public access points to water bodies spaced periodically along the trail.
(c) Enhancement of the buffer area is required where trails are located in the buffer.
Where enhancement of the buffer area adjacent to a trail is not feasible due to existing high quality
vegetation, additional buffer area or other mitigation may be required. (d) Trail widths shall be a maximum width of 10 feet. Trails shall be constructed of permeable materials; provided, that impervious materials may be allowed if pavement is required for
handicapped or emergency access, or safety, or is a designated nonmotorized transportation route or
makes a connection to an already dedicated trail, or reduces potential for other environmental
impacts.
(8) Allowed Activity – Utilities in Streams. New utility lines and facilities may be permitted to cross
water bodies in accordance with an approved supplemental stream/lake study, if they comply with the
following criteria:
(a) Fish and wildlife habitat areas shall be avoided to the maximum extent possible; and
(b) The utility is designed consistent with one or more of the following methods:
(i) Installation shall be accomplished by boring beneath the scour depth and
hyporheic zone of the water body and channel migration zone; or
(ii) The utilities shall cross at an angle greater than 60 degrees to the centerline of
the channel in streams perpendicular to the channel centerline; or
(iii) Crossings shall be contained within the footprint of an existing road or utility
crossing; and (c) New utility routes shall avoid paralleling the stream or following a down-valley course
near the channel; and
(d) The utility installation shall not increase or decrease the natural rate of shore
migration or channel migration; and
(e) Seasonal work windows are determined and made a condition of approval; and
(f) Mitigation criteria of MMC 22E.010.240 are met.
(9) Storm water management facilities, such as biofiltration swales and dispersion facilities, may
be located within the outer 25 percent of buffers only if they will have no negative effect on the
functions and purpose the buffers serve for the fish and wildlife habitat areas. Storm water detention
ponds shall not be allowed in fish and wildlife habitat areas or their required buffers.
(10) For subdivisions and short subdivisions, the applicable wetland and associated buffer
requirements for any development or redevelopment of uses specifically identified in, and approved as
part of, the original subdivision or short subdivision application shall be those requirements in effect at
the time that the complete subdivision or short subdivision application was filed; provided, that for
subdivisions this provision shall be limited to final plats reviewed and approved under Ordinance 1928,
“Sensitive Areas,” adopted December 14, 1992, or as amended at the time of final plat approval.
However, at the discretion of the community development director a buffer enhancement plan may be required in accordance with subsection (3) of this section if the wetland or buffer has become degraded or is currently not functioning or if the wetland and/or buffer may be negatively affected by
the proposed new development.
(11) Minor additions or alterations such as decks and small additions less than 120 square feet,
interior remodels, or tenant improvements which have no impact on the habitat or buffer shall be
exempt from the buffer enhancement requirements.
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(12) Required buffers shall not deny all reasonable use of property. A variance from buffer width
requirements may be granted by the city of Marysville upon a showing by the applicant that: (a) There are special circumstances applicable to the subject property or to the intended
use such as shape, topography, location or surroundings that do not apply generally to other
properties and which support the granting of a variance from the buffer width requirements; and
(b) Such buffer width variance is necessary for the preservation and enjoyment of a
substantial property right or use possessed by other similarly situated property but which because of
special circumstances is denied to the property in question; and
(c) The granting of such buffer width variance will not be materially detrimental to the
public welfare or injurious to the property or improvement; and
(d) The granting of the buffer width variance will not materially affect the subject habitat
area; and
(e) If a variance application for stream buffers is merged with a pending shoreline
development permit application, the applicant shall pay the city a single fee equal to the amount of
the shoreline permit; and
(f) No variance from stream buffers shall be granted which is inconsistent with the
policies of the Shoreline Management Act of the State of Washington and the master program of the
city of Marysville.
(g) Best available science, as set forth in MMC 22E.010.040, shall be taken into consideration in the granting of a buffer width variance.
22E.010.230 Fish and wildlife habitat alteration and mitigation.
After careful consideration of the potential impacts and a determination that impacts are
unavoidable, unavoidable impacts to streams, associated fish buffers and wildlife habitat not exempt
under MMC 22E.010.190, granted a variance under MMC 22E.010.220, or meeting the criteria for a
reasonable use exception in MMC 22E.010.380 shall be mitigated as follows:
(1) Adverse impacts to habitat functions and values shall be mitigated to the extent feasible and
reasonable. Mitigation actions by an applicant or property owner shall occur in the following preferred
sequence:
(a) Avoiding the impact altogether by not taking a certain action or parts of actions;
(b) Minimizing impacts by limiting the degree of magnitude of the action and its
implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce
impacts;
(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment; (d) Reducing or eliminating the impact over time by preservation and maintenance
operations;
(e) Compensating for the impact by replacing or providing substitute resources or
environments;
(f) Monitoring the impact and taking appropriate corrective measures in accordance with
MMC 22E.010.250.
(2) Where impacts cannot be avoided, the applicant or property owner shall implement other
appropriate mitigation actions in compliance with the intent, standards and criteria of this section. In
an individual case, these actions may include consideration of alternative site plans and layouts,
reductions in the density or scope of the proposal, and implementation of the performance standards
listed in MMC 22E.010.250.
(3) Alteration of habitat and their buffers may be permitted by the community development
department subject to the following standards:
(a) Type S and F Streams. Alterations of Type S streams shall be avoided, subject to the
reasonable use provisions of this chapter and conformance with the city of Marysville shoreline
management master program. Access to the shoreline will be permitted for water dependent and
water-oriented uses subject to the mitigation sequence referred to in subsections (1) and (2) of this section; (b) Type F, Np and Ns Streams. Alterations of Type F, Np and Ns streams may be
permitted; provided, that the applicant mitigates adverse impacts consistent with the performance
standards and other requirements of this chapter and provided that no overall net loss will occur in
stream functions and fish habitat;
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(c) Relocation of a stream may occur only when it is part of an approved mitigation or
rehabilitation plan, and will result in equal or better habitat and water quality, and will not diminish the flow capacity of the stream.
22E.010.240 Fish and wildlife mitigation standards, criteria and plan
requirements.
(1) Location and Timing of Mitigation.
(a) Mitigation shall be provided on-site, except where on-site mitigation is not scientifically
feasible or practical due to physical features of the property. The burden of proof shall be on the
applicant to demonstrate that mitigation cannot be provided on-site.
(b) When mitigation cannot be provided on-site, mitigation shall be provided in the
immediate vicinity of and within the same watershed as the permitted activity on property owned or
controlled by the applicant, where practical and beneficial to the fish and wildlife habitat resources.
When possible, this means within the same watershed as the location of the proposed project.
(c) In-kind mitigation, as defined in Chapter 22A.020 MMC, shall be provided, except
when the applicant demonstrates and the community development department concurs that greater
functional and habitat value can be achieved through out-of-kind mitigation, as defined in Chapter
22A.020 MMC.
(d) Only when it is determined by the community development department that subsections (1)(a), (b), and (c) of this section are inappropriate or impractical shall off-site, out-of-kind mitigation be considered.
(e) Any agreed-upon proposal shall be completed before initiation of other permitted
activities, unless a phased or concurrent schedule has been approved by the community development
department.
22E.010.250 Fish and wildlife habitat performance standards and incentives.
(1) The habitat performance standards and criteria contained in this section shall be incorporated
into plans submitted for regulated activities. It is recognized that in specific situations, all the listed
standards may not apply or be feasible to implement or individual standards may conflict, in which
case the standard(s) most protective of the environment shall apply.
(a) Consider habitat in site planning and design;
(b) Locate buildings and structures in a manner that preserves and minimizes adverse
impacts to important habitat areas;
(c) Integrate retained habitat into open space and landscaping;
(d) Where possible, consolidate habitat and vegetated open space in contiguous blocks; (e) Locate habitat contiguous to other habitat areas, open space or landscaped areas to
contribute to a continuous system or corridor that provides connections to adjacent habitat areas and
allows movement of wildlife;
(f) Use native species in any landscaping of disturbed or undeveloped areas and in any
enhancement of habitat or buffers;
(g) Emphasize heterogeneity and structural diversity of vegetation in landscaping, and
food-producing plants beneficial to wildlife and fish;
(h) Remove and control any noxious or undesirable species of plants and animals;
(i) Preserve significant trees and snags, preferably in groups, consistent with achieving
the objectives of these standards;
(j) Buffers shall be surveyed, staked, and fenced with erosion control and/or clearing
limits fencing prior to any construction work, including grading and clearing, that may take place on
the site; and
(k) Temporary erosion and sedimentation controls, pursuant to an approved plan, shall be
implemented during construction.
(2) A landscape plan shall be submitted consistent with the requirements, goals, and standards of
this chapter. The plan shall reflect the report prepared pursuant to MMC 22E.010.320. (3) As an incentive to encourage preservation of secondary and tertiary habitat, as those terms are defined in these regulations, the net amount of landscaping required by the city of Marysville may
be reduced by .25 acres for each one acre of secondary or tertiary habitat and buffer preserved on the
site; however, that amount cannot exceed 50 percent of the amount of required landscaping. The
reduction shall be calculated on the basis of square feet of habitat preserved or enhanced and square
feet of landscaping required. Habitat and habitat buffer that is enhanced by the applicant may also
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qualify for this reduction. Preservation of secondary or tertiary habitat shall be assured by the
execution of an easement or other protective device acceptable to the city of Marysville.
22E.010.260 Fish and wildlife habitat monitoring program and contingency
plan.
(1) A monitoring program shall be implemented to determine the success of the mitigation project
and any necessary corrective actions. This program shall determine if the original goals and objectives
are being met.
(2) A contingency plan shall be established for compensation in the event that the mitigation
project is inadequate or fails. Security for performance in accordance with Chapter 22G.040 MMC is
required for performance, monitoring and maintenance in accordance with the terms of the
contingency plan. The security for performance shall be for a period of five years, but the community
development director may agree to reduce the security in phases in proportion to work successfully
completed over the duration of the security.
(3) The monitoring program shall consist of the following:
(a) During monitoring, best available scientific procedures shall be used as the method of
establishing the success or failure of the project;
(b) For vegetation determinations, permanent sampling points shall be established;
(c) For measurement purposes, vegetative success shall equal 80 percent survival of planted trees and shrubs and 80 percent cover of desirable understory or emergent species; (d) Monitoring reports shall be submitted on the current status of the mitigation project to
the community development department. The reports shall be prepared by a qualified scientific
professional and reviewed by the city, shall to the extent applicable include monitoring information on
wildlife, vegetation, water quality, water flow, storm water storage and conveyance, and existing or
potential degradation, and shall be produced on the following schedule:
(i) At time of construction;
(ii) Thirty days after planting;
(iii) Early in the growing season of the first year;
(iv) End of the growing season of first year;
(v) Twice the second year; and
(vi) Annually thereafter;
(e) Monitoring shall occur three, four, or five growing seasons, depending on the
complexity of the fish and wildlife habitat system. The monitoring period will be determined by the
community development department and specified in writing prior to the implementation of the site
plan; (f) The applicant shall, if necessary, correct for failures in the mitigation project;
(g) The applicant shall replace dead or undesirable vegetation with appropriate plantings,
based on the approved planting plan or MMC 22E.010.150;
(h) The applicant shall repair damage caused by erosion, settling, or other
geomorphological processes;
(i) Correction procedures shall be approved by a qualified scientific professional and the
community development department; and
(j) In the event of failure of the mitigation project, the applicant shall redesign the project
and implement the new design.
Article IV. Geologic Hazard Areas
22E.010.270 Applicability to geologic hazards.
(1) The provisions of this section shall apply to any activity that occurs in, on or within 300 feet of
(as indicated on the geologic hazard maps), or potentially affects, a geologic hazard area subject to
this chapter unless otherwise exempt. These activities may include, but are not limited to, the
following: (a) Removing, excavating, disturbing or dredging soil, sand, gravel, minerals, organic matter or materials of any kind;
(b) Dumping, discharging or filling with any material;
(c) Driving pilings or placing obstructions;
(d) Constructing, reconstructing, demolishing or altering the size of any structure or
infrastructure;
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(e) Construction of any on-site sewage disposal system, or other underground facilities,
except exempted activities; (f) Draining, flooding, or disturbing the water level or water table, or changing the flow of
water through the site;
(g) Destroying or altering vegetation through clearing or harvesting; and
(h) Any other activity potentially affecting a geologic hazard area or its setback not
otherwise exempt from the provisions of this section.
(2) To avoid duplication, the following permits and approvals shall be subject to and coordinated
with the requirements of this section: clearing and grading; subdivision or short subdivision; building
permit; planned unit development; shoreline substantial development; variance; conditional use
permit; other permits leading to the development or alteration of land; and rezones.
22E.010.280 Geologic hazard inventory map.
The approximate location and extent of geologic hazard areas within the city of Marysville’s
planning area are shown on the critical areas maps adopted as part of this chapter. These maps
should be used as a general guide only for the assistance of property owners and as information for
the public. They are intended to indicate where potentially hazardous conditions are believed to exist.
Boundaries are generalized; field investigation and analysis by a qualified scientific professional is
required to confirm the actual presence or absence of a critical area. In the event of any conflict between the location, designation or classification of geologic hazard area shown on the Snohomish County Tomorrow geologic hazard areas maps and criteria or standards of this chapter, the criteria
and standards resulting from the field investigation shall prevail.
22E.010.290 Alteration of geologic hazard areas and development
limitations.
(1) The city of Marysville may approve, condition or deny proposals as appropriate based on the
degree to which significant risks posed by critical hazard areas to public and private property and to
public health safety can be mitigated. The objective of mitigation measures shall be to render a site
containing a critical geologic hazard site as safe as one not containing such hazard or to develop a
structure that will tolerate the hazard. Enforceable guarantees shall be required where appropriate.
Conditions may include limitations of proposed uses, modification of density, alteration of site layout
and other appropriate changes to the proposal. Where potential impacts cannot be effectively
mitigated, or where the risk to public health, safety and welfare, public or private property, or
important natural resources is significant notwithstanding mitigation, the proposal shall be denied.
(2) Assurances required of the applicant and the qualified scientific professional for geologic hazard areas may at the discretion of the community development director include:
(a) A letter from the geotechnical engineer or geologist who prepared the required studies
stating that the risk of damage from the proposal, both on-site and off-site, are minimal subject to the
conditions set forth in the report, that the proposal will not increase the risk of occurrence of the
geologic hazard, and that measures to eliminate or reduce risks have been incorporated into its
recommendations; or
(b) A letter from the applicant, or the owner of the property if not the applicant, stating its
understanding and acceptance of any risk of injury or damage associated with development of the site
and agreeing to notify any future purchasers of the site, portions of the site, or structures located on
the site of the geologic hazard; or
(c) A legally enforceable agreement, which shall be recorded as a covenant and noted on
the face of the deed or plat, and executed in a form satisfactory to the city of Marysville,
acknowledging that the site is located in a geologic hazard area; the risks associated with
development of such site; and a waiver and release of any and all claims of the owner(s), their
directors, employees, successors or assigns against the city of Marysville for any loss, damage or
injury, whether direct or indirect, arising out of issuance of development permits for the proposal.
(3) When alteration of a geologic hazard area is approved, the city of Marysville at the discretion of the community development director and/or city engineer may require security for performance or security for maintenance in accordance with the standards of Chapter 22G.040 MMC.
22E.010.300 Setbacks from geologic hazards.
(1) A setback shall be established from the edge of any geologic hazard area that is not approved
for alteration pursuant to these regulations. The setback shall consist of an undisturbed area of natural
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vegetation; if the site has previously been disturbed, the setback area shall be revegetated pursuant
to an approved planting plan. (2) Required setbacks shall typically vary between 25 and 50 feet; the width of the setback,
determined by the community development director and/or city engineer or his or her representative,
shall reflect the sensitivity of the geologic hazard area and the types and density of uses and activities
proposed on or adjacent to the geologic hazard area. In determining an appropriate setback width, the
community development director or his or her representative shall consider the recommendations
contained in any technical report prepared by the applicant’s geotechnical engineer. Building and
structures shall be set back 10 feet from the edge of the setback.
(a) Setbacks shall be measured as follows:
(i) Critical landslide hazard areas: from the edges of the hazard area as identified
in the geologic hazard area report;
(ii) Critical recharge areas: from the edge of the recharge area as identified in the
geologic hazard area report;
(b) Setbacks may be reduced to a minimum of 10 feet when the applicant demonstrates
through technical studies that the reduction will adequately protect the geologic hazard and the
proposed development.
22E.010.310 Geologic hazard performance standards. (1) The following standards shall be implemented in all proposals occurring in or adjacent to geologic hazard areas:
(a) Geotechnical studies shall be prepared to identify and evaluate potential hazards and
to formulate mitigation measures;
(b) Construction methods will reduce or not adversely affect geologic hazards;
(c) Site planning should minimize disruption of existing topography and natural
vegetation;
(d) Disturbed areas should be replanted as soon as feasible pursuant to a previously
approved landscape plan;
(e) Use of retaining walls that allow maintenance of existing natural slope areas are
preferred over graded slopes;
(f) Setbacks shall be surveyed, staked, and fenced with erosion control and/or clearing
limits fencing prior to any construction work, including grading and clearing, may take place on the
site;
(g) Temporary erosion and sedimentation controls, pursuant to an approved plan, shall be
implemented during construction; (h) A master drainage plan should be prepared for large projects;
(i) Undevelopable geologic hazard areas larger than one-half acre should be placed in a
separate tract;
(j) A monitoring program should be prepared for construction activities permitted in
geologic hazard areas; and
(k) Development shall not increase instability or create a hazard to the site or adjacent
properties, or result in a significant increase in sedimentation or erosion;
(l) The proposal will not adversely impact other critical areas;
(m) At the discretion of the community development director, peer review of geotechnical
reports may be required prior to locating a critical facility within a geologic hazard area.
(2) Required setbacks shall not deny all reasonable use of property. A variance from setback width
requirements may be granted by the city of Marysville upon a showing:
(a) There are special circumstances applicable to the subject property or to the intended
use such as shape, topography, location or surroundings that do not apply generally to other
properties and which support the granting of a variance from the setback requirements; and
(b) Such setback with variance is necessary for the preservation and enjoyment of a
substantial property right or use possessed by other similarly situated property but which because of special circumstances is denied to the property in question; and (c) The granting of such setback width variance will not be materially detrimental to the
public welfare or injurious to the property or improvement.
Article V. General Information
22E.010.320 General exemptions.
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The following activities shall be exempt from the provisions of this chapter provided they are
conducted using best management practices: (1) Existing and ongoing agricultural activities, as defined in Chapter 22A.020 MMC, and any lands
designated long-term commercially significant agricultural lands;
(2) Maintenance, operation and reconstruction of existing roads, streets, utilities and associated
structures; provided, that reconstruction of any structures may not increase the impervious area;
(3) Normal maintenance, repair and reconstruction of residential or commercial structures;
provided, that reconstruction of any structures may not increase the previous floor area;
(4) Site investigative work and studies necessary for preparing land use applications, including
soils tests, water quality studies, wildlife studies and similar tests and investigations; provided, that
any disturbance of critical areas shall be the minimum necessary to carry out the work or studies;
(5) Educational activities, scientific research, and outdoor recreational activities that will not have
a significant effect on the habitat area;
(6) Public agency emergency activities necessary to prevent an immediate threat to public health,
safety or property;
(7) Prior to the effective date of the ordinance codified in this chapter, any of the following
activities that have met all conditions of approval in a timely manner and are consistent with the
reasonable use provisions of this chapter:
(a) Complete applications as defined by the appropriate ordinance or by city policy; (b) Approved plats; and (c) Development of legally created lots which have been recorded with Snohomish
County, provided they were reviewed and approved under Ordinance 1928, “Sensitive Areas,” adopted
December 14, 1992, or as amended at the time of final plat approval; and
(8) Minor activities not mentioned above and determined by the community development
department to pose minimal risk to the public health, safety, general welfare and critical area
functions.
22E.010.330 Permit process and application requirements.
(1) Preapplication Conference. All applicants are encouraged to meet with the community
development director of the city of Marysville or his or her representative prior to submitting an
application subject to these regulations. The purpose of this meeting shall be to discuss the city of
Marysville’s critical areas requirements, process and procedures; to review any conceptual site plans
prepared by the applicant; to discuss appropriate investigative techniques and methodology; to
identify potential impacts and mitigation measures; and to familiarize the applicant with state and
federal programs, particularly those pertaining to wetlands. Such conference shall be for the convenience of the applicant and any recommendations shall not be binding on the applicant or the
city of Marysville.
(2) Application Requirements. The information required by this section should be coordinated with
reporting requirements required by this section for any other critical areas located on the site.
(a) Prior to the issuance of a SEPA threshold determination for a proposal, a wetland
determination, wetland delineation report, or fish and wildlife habitat report must be submitted to the
city of Marysville for review upon request of the community development director due to inclusion of a
portion or all of a site on the habitat or wetland inventory maps prepared by Snohomish County
Tomorrow. The purpose of the report is to determine the extent and function of wetlands, and the
extent, type, function and value of wildlife habitat on any site where regulated activities are proposed.
The report will also be used by the city of Marysville to determine the appropriate wetland, or the
sensitivity and appropriate classification of the habitat, appropriate buffering requirements, and
potential impacts of proposed activities;
(b) In addition, wetland boundaries must be staked and flagged in the field by a qualified
scientific professional employing the Washington State Wetlands Identification and Delineation Manual
methodology. Field flagging must be distinguishable from other survey flagging on the site. The field
flagging must be accompanied by a wetland delineation report; (c) Applicants for activities within geologic hazard areas shall conduct technical studies to: evaluate the actual presence of geologic conditions giving rise to geologic hazards; determine the
appropriate hazard category, according to the classification of potential hazards in these regulations;
evaluate the safety and appropriateness of proposed activities; and recommend appropriate
construction practices, monitoring programs and other mitigation measures required to ensure
achievement of the purpose and intent of these regulations. The format of any required reports shall
be determined by the city of Marysville;
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(d) The report of any critical area shall include the following information:
(i) Vicinity map; (ii) A map showing:
(A) Site boundary, property lines, and roads;
(B) Internal property lines, rights-of-way, easements, etc.;
(C) Existing physical features of the site including buildings, fences, and
other structures, roads, parking lots, utilities, water bodies, etc.;
(D) Contours at the smallest readily available intervals, preferably at five-
foot intervals; and
(E) For large (50 acres or larger) or complex projects with wetlands or
habitat areas, an aerial photo with overlays displaying the site boundaries and wetland delineation or
habitat area(s) may be required. Generally, an orthophotograph at a scale of one inch equals 400 feet
or greater (such as one inch equals 200 feet) should be used. If an orthophotograph is not available,
the center of a small scale (e.g., one inch equals 2,000 feet) aerial photograph enlarged to one inch
equals 400 feet may be used;
(iii) The report for any critical area must describe:
(A) Locational information including legal description and address;
(B) All natural and manmade features within 150 feet of the site
boundary; (C) General site conditions including topography, acreage, and water bodies or wetlands; and
(D) Identification of any areas that have previously been disturbed or
degraded by human activity or natural processes;
(e) In addition to the general report requirements, a report on wetlands shall include the
following information:
(i) Delineated wetland boundary;
(ii) The wetland boundary must be accurately drawn at an appropriate engineering
scale such that information shown is not cramped or illegible. The drawing shall be prepared by a
surveyor. Generally, a scale of one foot equals 40 feet or greater (such as one inch equals 20 feet)
should be used. Existing features must be distinguished from proposed features;
(iii) Site designated on the wetlands areas maps prepared for Snohomish County
Tomorrow, July 1991;
(iv) Hydrologic mapping showing patterns of water movement into, through, and
out of the site area;
(v) Location of all test holes and vegetation sample sites, numbered to correspond with flagging in the field and field data sheets;
(vi) Field data sheets from the federal manual, numbered to correspond with
sample site locations as staked and flagged in the field; and describe:
(vii) Specific descriptions of plant communities, soils and hydrology;
(viii) A summary of existing wetland function and value; and
(ix) A summary of proposed wetland and buffer alterations, impacts, and the need
for the alterations as proposed. Potential impacts may include but are not limited to loss of flood
storage potential, loss of wildlife habitat, expected decreases in species diversity or quantity, changes
in water quality, increases in human intrusion, and impacts on associated wetland or water resources.
If alteration of a Category I, II, III, or VI wetland is proposed, a wetland mitigation plan is required
according to the standards of MMC 22E.010.150;
(f) In addition to the general report requirements, a report on fish and wildlife habitats
shall include the following information. The level of detail contained in the report shall generally reflect
the size and complexity of the proposal and the function and value of the habitat. The community
development department may require field studies at the applicant’s expense in appropriate cases:
(i) A map of vegetative cover types, reflecting the general boundaries of different
plant communities on the site; (ii) A description of the species typically associated with the cover types, including an identification of any critical wildlife species that might expected to be found;
(iii) The results of searches of DNB’s Natural Heritage and WDFW’s Nongame Data
System databases, if available; and
(iv) Additional information on species occurrence available from the city of
Marysville or Snohomish County; and describe:
(v) The layers, diversity and variety of habitat found on the site;
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(vi) Identification of edges between habitat types and any species commonly
associated with that habitat; (vii) The location of any migration or movement corridors;
(viii) A narrative summary of existing habitat functions and values; and
(ix) A summary of proposed habitat and buffer alterations, impacts and mitigation.
Potential impacts may include but are not limited to clearing of vegetation, fragmentation of wildlife
habitat, expected decreases in species diversity or quantity, changes in water quality, increases in
human intrusion, and impacts on wetlands or water resources;
(g) In addition to the general report requirements, a report on geologic hazards shall
include the following information:
(i) A characterization of soils, geology and drainage;
(ii) A characterization of ground water conditions including the presence of any public or private
wells in the immediate vicinity; and
(iii) An analysis of proposed clearing, grading and construction activities, including construction
scheduling; potential direct and indirect, on-site and off-site impacts from the development; and
proposed mitigation measures, including any special construction techniques, monitoring or inspection
program, erosion or sedimentation programs (during and after construction), and surface water
management controls.
In order to determine the geologic hazard classification project, applicants shall also include in their report to the city of Marysville a description prepared by a qualified scientific professional that reviews the site history and results of a surface reconnaissance. The purpose of these regulations is to
require a level of study and analysis commensurate with potential risks associated with geologic
hazards on particular sites and for particular proposals.
Depending on the particular geologic hazard, geologic hydrologic, and topographic studies may
be required. The appropriate report(s) and level of analysis shall be determined using the following
guidelines:
(A) Moderate Landslide Hazard Areas.
1. Review site history and available information;
2. Conduct a surface reconnaissance of the site and adjacent
areas; and
3. Conduct subsurface exploration if indicated by subsections
(2)(g)(iii)(A)(1) and (2) of this section as determined by the applicant’s qualified scientific professional
and the city;
(B) High Landslide Hazard Areas.
1. Review site history and available information; 2. Conduct a surface reconnaissance of the site and adjacent
areas;
3. Conduct subsurface exploration suitable to the site and
proposal to assess geohydrologic conditions;
4. Recommend surface water management controls during
construction and operation;
5. Proposed construction scheduling; and
6. Recommendations for site monitoring and inspection during
construction;
(C) Very High Landslide Hazard Areas.
1. Development is prohibited in these areas;
(D) Moderate and High Erosion Hazard Areas.
1. Review site history and available information;
2. Conduct a surface reconnaissance of the site and adjacent
areas; and
3. Identify surface water management, erosion and sediment
controls appropriate to the site and proposal; (E) Seismic Hazard Areas. 1. For one- and two-story single-family structures, conduct an
evaluation of site response and liquefaction potential based on the performance of similar structures
under similar foundation conditions; and
2. For all other proposals, conduct an evaluation of site response
and liquefaction potential including sufficient subsurface exploration to provide a site coefficient (S) for
use in the static lateral force procedure described in the Uniform Building Code.
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Title 22E-29
(3) Permit Process. This section is not intended to create a separate permit process for
development proposals. To the extent possible, the city of Marysville shall consolidate and integrate the review and processing of critical area-related aspects of proposals with other land use and
environmental considerations and approvals.
22E.010.340 Selection of qualified scientific professional and city review of
report.
For the purposes of this chapter, qualified scientific professionals not licensed by the state of
Washington for the activities they are to perform in evaluation of critical areas shall be reviewed by
and their names appear on an approved list prepared by the city of Marysville.
(1) Biannually the city shall advertise requests for qualifications for qualified scientific
professionals for each area established by this chapter: wetlands, fish habitat areas/streams, wildlife
habitat areas, and geologic hazard areas. The community development director shall establish a panel
to review the firm and individual’s qualifications and references. Each qualified scientific professional
shall have completed at least a four-year degree program and meet the minimum requirements
contained within the definitions section. The panel shall recommend to the community development
director the list of consultants, as selected by the panel, that are qualified to evaluate each type of
critical area identified in this chapter. There shall be a minimum of 12 qualified scientific professionals
for each of the three categories. The list shall be adopted within 60 days of the adoption of the ordinance codified in this chapter and 60 days of January 1st biannually thereafter. (2) The adopted lists of qualified scientific professionals shall be available at the community
development department.
(3) Reports meeting the criteria as required by this chapter, submitted by a qualified scientific
professional, included on the adopted list should be accepted by the city of Marysville. However, the
city retains the right to have a separate review of the reports, and at its discretion may retain a
qualified scientific professional at the city’s expense to review and confirm the applicant’s reports,
studies, and plans. Applicants may choose to use other consultants which they feel meet the definition
of qualified scientific professionals given; however, the city retains the right to have a separate review
of their reports, and at its discretion may retain a qualified scientific professional at the applicant’s
expense to review and confirm the applicant’s reports, studies, and plans.
22E.010.350 Land divisions.
All proposed divisions of land which include regulated critical areas shall comply with the
following procedures and development standards:
(1) New lots shall contain at least one building site, including access, that is suitable for development and is not within the regulated critical area or it’s associated buffer or setback.
(2) A regulated critical area and its associated buffer or setback shall be placed in a separate tract
on which development is prohibited, protected by execution of an easement given to the city of
Marysville, or dedicated to the city of Marysville at the discretion of the city of Marysville. The location
and limitations associated with the critical area and its associated buffer or setback shall be shown on
the face of the deed or plat applicable to the property and shall be recorded with the Snohomish
County auditor.
22E.010.360 On-site density transfer for critical areas.
(1) An owner of a residential site or property containing critical areas may be permitted to
transfer the density attributable to the critical area and associated buffer area or setback to another
noncritical portion of the same site or property, subject to the limitations of this section and other
applicable regulations. In the case of streams, only the density attributable to the buffer may be
transferred.
(2) Up to 100 percent of the density that could be achieved on the critical area and buffer portion
of the site, excluding stream channels, can be transferred to the noncritical area portion, subject to:
(a) The density limitations of the underlying zone must be applied; (b) The bulk and dimensional standards of the next higher zoning classification may be utilized to accommodate the transfers in density;
(c) The noncritical, nonbuffer portion of the site is not constrained by another
environmentally critical areas regulated by this code.
(3) An on-site density transfer shall meet the requirements and follow the procedures of Chapter
22G.090 MMC, Subdivisions and Short Subdivisions.
Marysville Municipal Code Title 22 UDC
Title 22E-30
22E.010.370 Fencing and signage requirements.
Wetland fencing and signage adjacent to a regulated wetland or stream corridor shall be required. Two rail fencing shall be constructed with pressure treated posts and rails and cemented into
the ground with either cedar or treated rails. Alternative materials may be used subject to approval by
the city. Signs designating the presence of an environmentally sensitive area shall be posted along the
buffer boundary. The signs shall be posted at a minimum rate of one every 100 lineal feet.
22E.010.380 Building setbacks.
Unless otherwise provided, buildings and other structures shall be set back a distance of 15
feet from the edges of all critical area buffers or from the edges of all critical areas, if no buffers are
required. The following may be allowed in the building setback area:
(1) Landscaping;
(2) Uncovered decks;
(3) Building overhangs, if such overhangs do not extend more than 18 inches into the setback
area; and
(4) Impervious ground surfaces, such as driveways and patios; provided, that such improvements
may be subject to water quality regulations as adopted.
22E.010.390 General procedural provisions. (1) Interpretation and Conflicts. Any question regarding interpretation of these regulations shall be resolved pursuant to the procedures set forth in Chapter 22G.060 MMC, relating to the hearing
examiner.
(2) Appeals from Permit Decisions. Appeals from permit decisions shall be governed by the
procedures set forth in Chapter 22G.060 MMC, relating to the hearing examiner.
22E.010.400 Penalties and enforcement.
Penalty and enforcement provided in this section shall not be deemed exclusive, and the city
may pursue any remedy or relief it deems appropriate.
(1) Any person, firm, corporation, or association or any agent thereof who violates any of the
provisions of this chapter shall be guilty of a misdemeanor punishable by a fine not to exceed $1,000.
It shall be a separate offense for each and every day or portion thereof during which any violation of
any provisions of this chapter is committed.
(2) Any person, firm, corporation, or association of any agent thereof who violates any of the
provisions of this chapter shall be liable for all damages to public or private property arising from such
violation, including the cost of restoring the affected area to an equivalent or improved condition prior to the violation occurring. If an equivalent condition cannot be provided, the violator shall be subject
to a fine in an amount equal to the value to the damage to the environmentally critical area,
determined using best available methods of calculating the value of vegetation, land, and water
resources.
(3) Restoration shall include, but not be limited to, the replacement of all improperly removed
groundcover with species similar to those which were removed or other approved species such that
the biological and habitat values will be replaced, improper fill removed, and slope stabilized. Studies
by the qualified experts shall be submitted to determine the conditions which were likely to exist on
the lot prior to the illegal alteration.
(4) Restoration shall also include installation and maintenance of interim and emergency erosion
control measures until such time as the restored groundcover and vegetation reach sufficient
maturation to function in compliance with the performance standards adopted by the city.
(5) The city shall stop work on any existing permits and halt the issuance of any or all future
permits or approvals for any activity which violates the provisions of this chapter until the property is
fully restored in compliance with this chapter and all penalties are paid.
(6) Notwithstanding the other provisions provided in this chapter, anything done contrary to the
provisions of this chapter or the failure to comply with the provisions of this chapter shall be and the same is hereby declared to be a public nuisance. The city is authorized to apply to any court of competent jurisdiction, for any such court, upon
hearing and for cause shown, may grant a preliminary, temporary or permanent injunction restraining
any person, firm, and/or corporation from violating any of the provisions of this chapter and
compelling compliance with the provisions thereof. The violator shall comply with the injunction and
pay all cost incurred by the city in seeking the injunction.
Marysville Municipal Code Title 22 UDC
Title 22E-31
22E.010.410 General savings provisions –Reasonable use determination.
(1) The standards and regulations of this section are not intended, and shall not be construed or applied in a manner, to deny all reasonable economic use of private property. If an applicant
demonstrates to the satisfaction of the city of Marysville that strict application of these standards and
the utilization of cluster techniques, planned unit development, and transfer of development rights
would deny all reasonable economic use of its property, development may be permitted subject to
appropriate conditions, derived from this chapter, as determined by the community development
director.
(2) An applicant for relief from strict application of these standards shall demonstrate the
following:
(a) That no reasonable use with less impact on the critical area and buffer or setback is
feasible and reasonable; and
(b) That there is no feasible and reasonable on-site alternative to the activities proposed,
considering possible changes in site layout, reductions in density and similar factors; and
(c) That the proposed activities, as conditioned, will result in the minimum possible
impacts to critical area and buffer or setback; and
(d) That all reasonable mitigation measures have been implemented or assured; and
(e) That all provisions of the city’s regulations allowing density transfer on-site and off-site
have been considered; and (f) That the inability to derive reasonable economic use is not the result of the applicant’s actions.
22E.010.420 No special duty created.
(1) It is the purpose of this chapter to provide for the health, welfare, and safety of the general
public, and not to create or otherwise establish or designate any particular class or group of persons
who will or should be especially protected or benefited by the terms of this chapter. No provisions or
term used in this chapter is intended to impose any duty whatsoever upon the city or any of its
officers, agents, or employees for whom the implementation or enforcement of this chapter shall be
discretionary and not mandatory.
(2) Nothing contained in this chapter is intended to be, nor shall be, construed to create or from
the basis for any liability on the part of the city or its officers, agents, and employees for any injury or
damage resulting from the failure of any premises to abate a nuisance or to comply with the
provisions of this chapter or be a reason or a consequence of any inspection, notice or order, in
connection with the implementation or enforcement of this chapter, or by reason of any action of the
city related in any manner to enforcement of this chapter by its officers, agents or employees.
Marysville Municipal Code Title 22 UDC
Title 22E-32
Chapter 22E.020 FLOODPLAIN MANAGEMENT
Sections:
Article I. Purpose ...................................................................................32
22E.020.010 Statement of purpose. ................................................................32
Article II. General Provisions ...................................................................32
22E.020.020 Lands to which this chapter applies. ..............................................32
22E.020.030 Basis for establishing the areas of special flood hazard. ...................32
22E.020.040 Penalties for noncompliance. ........................................................33
22E.020.050 Abrogation and greater restrictions. ..............................................33
22E.020.060 Interpretation. ...........................................................................33
22E.020.070 Warning and disclaimer of liability. ...............................................33
Article III. Administration .........................................................................33
22E.020.080 Establishment of development permit. ..........................................33
22E.020.090 Designation of the building official. ...............................................33
22E.020.100 Duties and responsibilities of building official. .................................34
Article IV. Variance Procedure .................................................................34
22E.020.110 Appeal board. ............................................................................34
22E.020.120 Conditions for variances. .............................................................35 Article V. Provisions for Flood Hazard Protection ....................................36 22E.020.130 General standards. .....................................................................36
22E.020.140 Review of building permits. ..........................................................36
22E.020.150 Specific standards. .....................................................................36
22E.020.160 Encroachments. .........................................................................37
22E.020.170 Manufactured homes. ..................................................................37
22E.020.180 Recreational vehicles. .................................................................38
22E.020.190 Floodways. ................................................................................38
22E.020.200 Critical facility. ...........................................................................38
Article I. Purpose
22E.020.010 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare, and
to minimize public and private losses due to flood conditions in specific areas by provisions designed:
(1) To protect human life and health; (2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas of
special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood hazard;
and
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions.
Article II. General Provisions
22E.020.020 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Marysville.
22E.020.030 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration in a
scientific and engineering report entitled “The Flood Insurance Study for the City of Marysville” dated
September 16, 2005, as amended, with accompanying Flood Insurance Rate Maps (FIRM), as
amended, is adopted by reference and declared to be a part of this chapter. The Flood Insurance
Marysville Municipal Code Title 22 UDC
Title 22E-33
Study is on file at the Marysville Community Development Department, 80 Columbia Avenue,
Marysville, Washingtion. The best available information for flood hazard area identification as outlined in MMC 22E.020.100(2) shall be the basis for regulation until a new FIRM is issued which incorporates
the date utilized under MMC 22E.020.100(2).
22E.020.040 Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted or altered
without full compliance with the terms of this chapter and other applicable regulations. Violation of the
provisions of this chapter by failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.
Any person who violates this chapter or fails to comply with any of its requirements shall, upon
conviction thereof, be fined not more than $1,000 or imprisoned for not more than 90 days, or both,
for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein
contained shall prevent the city from taking such other lawful action as is necessary to prevent or
remedy any violation.
22E.020.050 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants
or deed restrictions. However, where this chapter and another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
22E.020.060 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body;
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
22E.020.070 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not
imply that land outside the areas of special flood hazards or uses permitted within such areas will be
free from flooding or flood damages. This chapter shall not create liability on the part of the city, any
officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result
from reliance on this chapter or any administrative decision lawfully made thereunder.
Article III. Administration
22E.020.080 Establishment of development permit.
A development permit shall be obtained before construction or development begins within any area of
special flood hazard established in MMC 22E.020.030. The permit shall be for all structures, including
manufactured homes, as set forth in Chapter 22A.020 MMC, Definitions, and for all other
development, including fill and other activities, also as set forth in Chapter 22A.020 MMC, Definitions.
Application for a development permit shall be made on forms furnished by the building official and
may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location,
dimensions and elevations of the area in question; existing or proposed structures, fill, storage of
materials; drainage facilities, and the location of the foregoing. Specifically, the following information
is required:
(1) Elevation in relation to mean sea level of the lowest floor (including basement) of all
structures;
(2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in MMC 22E.020.150; and (4) Description of the extent to which a watercourse will be altered or relocated as a result of the
proposed development.
22E.020.090 Designation of the building official.
The building official is appointed to administer and implement this chapter by granting or
denying development permit applications in accordance with its provisions.
Marysville Municipal Code Title 22 UDC
Title 22E-34
22E.020.100 Duties and responsibilities of building official. Duties of the building official shall include, but not be limited to:
(1) Permit Review.
(a) Review all development permits to determine that the permit requirements of this
chapter have been satisfied;
(b) Review all development permits to determine that all necessary permits have been
obtained from those federal, state or local governmental agencies from which prior approval is
required;
(c) Review all development permits in the area of special flood hazard, except in the
coastal high hazard area, to determine if the proposed development adversely affects the flood
carrying capacity of the area of special flood hazard. For the purposes of this chapter, “adversely
affects” means that the cumulative effect of the proposed development when combined with all other
existing and anticipated development will increase the water surface elevation of the base flood more
than one foot at any point.
(2) Use of Other Base Flood Data. When base flood elevation data has not been provided in
accordance with MMC 22E.020.030, Basis for establishing the areas of special flood hazard, the
building official shall obtain, review and reasonably utilize any base flood elevation data available from
a federal, state or other source, in order to administer MMC 22E.020.150, Specific standards, MMC 22E.020.170, Manufactured homes, MMC 22E.020.180, Recreational vehicles, and MMC 22E.020.190, Floodways.
(3) Information to Be Obtained and Maintained.
(a) Where base flood elevation data is provided through the Flood Insurance Study or
required as in subsection (2) of this section, obtain and record the actual elevation (in relation to
mean sea level) of the lowest floor (including basement) of all new or substantially improved
structures, and whether or not the structure contains a basement;
(b) For all new or substantially improved floodproofed structures:
(i) Verify and record the actual elevation (in relation to mean sea level) to which
the structure was floodproofed; and
(ii) Maintain the floodproofing certifications required in MMC 22E.020.180(3);
(c) Maintain for public inspection all records pertaining to the provisions of this chapter.
(4) Alteration of Watercourses.
(a) Notify adjacent communities and the Washington State Department of Ecology prior to
any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal
Insurance Administration; (b) Require that maintenance is provided within the altered or relocated portion of the
watercourse so that the flood-carrying capacity is not diminished.
(5) Interpretation of FIRM Boundaries. Make interpretations, where needed, as to exact location of
the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation as provided in MMC
22E.020.110.
Article IV. Variance Procedure
22E.020.110 Appeal board.
(1) The city council shall hear and decide appeals and requests for variances from the
requirements of this chapter.
(2) The city council shall hear and decide appeals when it is alleged there is an error in any
requirement, decision or determination made by the building official in the enforcement or
administration of this chapter.
(3) Those aggrieved by the decision of the city council, or any taxpayer, may appeal such decision to the Snohomish County Superior Court, as provided by law. (4) In passing upon such applications, the city council shall consider all technical evaluations, all
relevant factors, standards specified in other sections of this chapter, and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such on the individual owner;
Marysville Municipal Code Title 22 UDC
Title 22E-35
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a waterfront location, where applicable; (f) The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(i) The safety or access to the property in times of flood for ordinary emergency vehicles;
(j) The expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters and the effects of the wave action, if applicable, expected at the site; and
(k) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems, and streets and bridges.
(5) Generally, the only condition under which a variance from elevation standard may be issued is
for new construction and substantial improvements to be erected on a lot of one-half acre or less in
size contiguous to and surrounded by lots with existing structures constructed below the base flood
level, providing subsections (4)(a) through (4)(k) of this section have been fully considered. As the lot
size increases beyond the one-half acre, the technical justification required for issuing the variance
increases. (6) Upon consideration of the factors of subsection (4) of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this chapter.
(7) The building official shall maintain the records of all appeal actions and report any variances to
the Federal Insurance Administration upon request.
22E.020.120 Conditions for variances.
(1) Variances may be issued for the reconstruction, rehabilitation or restoration of structures
listed on the National Register of Historic Places or the State Inventory of Historic Places, without
regard to the procedures set forth in the remainder of this section.
(2) Variances shall not be issued within a designated floodway if any increase in flood levels
during the base flood discharge would result.
(3) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(4) Variances shall only be issued upon:
(a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would result in exceptional hardship
to the applicant;
(c) A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public as identified in MMC 22E.020.110(4), or conflict with existing
local laws or ordinances.
(5) Variances as interpreted in the National Flood Insurance Program are based on the general
zoning law principle that they pertain to a physical piece of property; they are not personal in nature
and do not pertain to the structure, its inhabitants, economic or financial circumstances. They
primarily address small lots in densely populated residential neighborhoods. As such, variances from
the flood elevations should be quite rare.
(6) Variances may be issued for nonresidential buildings in very limited circumstances to allow a
lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that
such action will have low damage potential, complies with all other variance criteria except MMC
22E.020.110(5), and otherwise complies with MMC 22E.020.130(1) and (2) of the general standards.
(7) Any applicant to whom a variance is granted shall be given written notice that the structure will be
permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
Marysville Municipal Code Title 22 UDC
Title 22E-36
Article V. Provisions for Flood Hazard Protection
22E.020.130 General standards.
In all areas of special flood hazards, the following standards are required:
(1) Anchoring.
(a) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure;
(b) All manufactured homes shall be installed using methods and practices which minimize
flood damage. For purposes of this requirement, manufactured homes must be elevated and anchored
to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not
limited to, use of over-the-top or frame tie to ground anchors. This requirement is in addition to
applicable state and local anchoring requirements for resisting wind forces;
(c) An alternative method of anchoring may involve a system designed to withstand a
wind force of 90 miles per hour or greater. Certification must be provided to the building official that
this standard has been met.
(2) Construction Materials and Methods.
(a) All new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage;
(b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage; (c) Electrical, heating, ventilation, plumbing, and air conditioning equipment and other
service facilities shall be designed and/or otherwise elevated or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
(3) Utilities.
(a) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system;
(b) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters;
(c) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding; and
(d) The proposed water well shall be located on high ground that is not in the floodway
(WAC 173-160-171).
(4) Subdivision Proposals.
(a) All subdivision proposals shall be consistent with the need to minimize flood damage;
(b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood damage; and
(d) Where base flood elevation data has not been provided or is not available from
another authoritative source, it shall be generated for subdivision proposals and other proposed
development which contain at least 50 lots or five acres (whichever is less).
22E.020.140 Review of building permits.
Where elevation data is not available either through the Flood Insurance Study or from
another authoritative source MMC 22E.020.100(2), applications for building permits shall be reviewed
to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness
is a local judgment and includes use of historical data, high water marks, photographs of past
flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in
these zones may result in higher insurance rates.
22E.020.150 Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in MMC 22E.020.030, Basis for establishing the areas of special flood hazard, or MMC 22E.020.100(2), Use of Other Base Flood Data, the following provisions are required:
(1) Construction or reconstruction of residential structures is prohibited within designated
floodways except for:
(a) repairs, reconstruction or improvements to a structure which do not increase the
ground floor area; and
Marysville Municipal Code Title 22 UDC
Title 22E-37
(b) repairs, reconstruction or improvements to a structure, the cost of which does not
exceed 50 percent of the market value of the structure either; (i) before the repair, reconstruction or improvement is started, or
(ii) if the structure has been damaged and is being restored, before the damage
occurred.
Work done on structures to comply with existing health, sanitary or safety codes or to
structures identified as historic places shall not be included in the 50 percent determination.
(2) New construction and substantial improvement of any residential structure shall have the
lowest floor, including basement, elevated one foot above the base flood elevation.
(3) Electrical, heating, ventilation, plumbing and air conditioning equipment and other service
facilities shall be designed and/or located so as to prevent water from entering or accumulating within
the components during conditions of flooding.
(4) New construction and substantial improvement of any nonresidential structure shall either
have the lowest floor, including basement, elevated to or above the base flood elevation; or, together
with attendant utility and sanitary facilities, shall:
(a) Be floodproofed so that for up to one foot above the base flood elevation the structure
is watertight with walls substantially impermeable to the passage of water;
(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy; and (c) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the
provisions of this subsection based on their development and/or review of the structural design,
specifications and plans. Such certifications shall be provided to the building official as set forth in
MMC 22E.020.100(3)(b);
(i) Nonresidential structures that are elevated, not floodproofed, must meet the
same standards for space below the lowest floor as described in subsection (6) of this section;
(ii) Applicants floodproofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a
building floodproofed to the base flood level will be rated as one foot below).
(5) Encroachments, including fill, new construction, substantial improvements and other
developments shall be prohibited in any floodway unless a technical evaluation demonstrates that the
encroachments will not result in any increase in flood levels during the occurrence of the base flood
discharge.
(6) For all new construction and substantial improvements, fully enclosed areas below the lowest
floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or architect, or must meet or exceed the
following minimum criteria: a minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of
all openings shall be no higher than one foot above grade. Openings may be equipped with screens,
louvres or other coverings or devices; provided, that they permit the automatic entry and exit of
floodwaters.
22E.020.160 Encroachments.
The cumulative effect of any proposed development, when combined with all other existing
and anticipated development, shall not increase the water surface elevation of the base flood more
than one foot at any point.
22E.020.170 Manufactured homes.
(1) All manufactured homes to be placed or substantially improved on sites:
(a) Outside of a manufactured home park or subdivision;
(b) In a new manufactured home park or subdivision; (c) In an expansion to an existing manufactured home park or subdivision; or (d) In an existing manufactured home park or subdivision on which a manufactured home
has incurred “subdivision damage” as the result of a flood;
shall be elevated on a permanent foundation such that the lowest floor of the manufactured
home is elevated one foot above the base flood elevation and be securely anchored to an adequately
designed foundation system to resist flotation, collapse and lateral movement.
Marysville Municipal Code Title 22 UDC
Title 22E-38
(2) Manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision that are not subject to the above manufactured home provisions be elevated so that either:
(a) The lowest floor of the manufactured home is elevated one foot above the base flood
elevation; or
(b) The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height above grade and be
securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral
movement.
22E.020.180 Recreational vehicles.
Recreational vehicles placed on sites are required to either:
(1) Be on the site for fewer than 180 consecutive days;
(2) Be fully licensed and ready for highway use, on its wheels or jacking system, be attached to
the site only by quick disconnect type utilities and security devices, and have no permanently attached
additions; or
(3) Meet the requirements of MMC 22E.020.170 and the elevation and anchoring requirements for
manufactured homes.
22E.020.190 Floodways. Located within areas of special flood hazard established in MMC 22E.020.030 are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of
floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions
apply:
(1) Prohibit encroachments, including fill, new construction, substantial improvements, and other
development unless certification by a registered professional engineer is provided demonstrating that
encroachments shall not result in any increase in flood levels during the occurrence of the base flood
discharge.
(2) Construction or reconstruction of residential structures is prohibited within designated
floodways, except for:
(a) repairs, reconstruction, or improvements to a structure which do not increase the
ground floor area, and
(b) repairs, reconstruction or improvements to a structure, the cost of which does not
exceed 50 percent of the market value of the structure either:
(i) before the repair, or reconstruction is started, or (ii) if the structure has been damaged, and is being restored, before the damage
occurred.
Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions or to
structures identified as historic places shall not be included in the 50 percent.
(3) If subsection (1) of this section is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of Article V, Provisions for Flood
Hazard Protection.
22E.020.200 Critical facility.
Construction of new critical facilities shall be, to the extent possible, located outside the limits
of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities
shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities
constructed within the SFHA shall have the lowest floor elevated three feet or more above the level of
the base flood elevation (100-year) at the site. Floodproofing and sealing measures must be taken to
ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible.
Marysville Municipal Code Title 22 UDC
Title 22E-39
Chapter 22E.030 STATE ENVIRONMENTAL POLICY ACT (SEPA)
Sections:
22E.030.010 Purpose. ....................................................................................39
22E.030.020 Scope. ......................................................................................39
22E.030.030 Policy. .......................................................................................39
22E.030.040 Definitions. ................................................................................39
22E.030.050 Forms. ......................................................................................40
22E.030.060 Lead Agency. .............................................................................40
22E.030.070 Responsible Official. ....................................................................40
22E.030.080 Purpose and General Requirements. .............................................40
22E.030.090 Categorical Exemptions, Threshold Determinations, and Enforcement
of Mitigating Measures. ...............................................................41
22E.030.100 Planned Actions. .........................................................................42
22E.030.110 Environmental Impact Statements and Other Environmental
Documents. ...............................................................................42
22E.030.120 Comments and Public Notice. .......................................................42
22E.030.130 Use of Existing Environmental Documents. ....................................43
22E.030.140 Substantive Authority. ................................................................43 22E.030.150 SEPA/GMA Integration. ...............................................................43 22E.030.160 Ongoing Actions. ........................................................................43
22E.030.170 Responsibility as Consulted Agency. ..............................................43
22E.030.180 Appeals. ....................................................................................43
22E.030.010 Purpose.
The purposes of these procedures are:
(1) To encourage productive and enjoyable harmony between people and their environment;
(2) To promote efforts that will prevent or eliminate damage to the environment and biosphere;
(3) To stimulate the health and welfare of people;
(4) To enrich the understanding of ecological systems and natural resources that are important to
the City of Marysville, the State of Washington, and the nation;
(5) To establish procedures to implement the provisions of Chapter 43.21C RCW, the State
Environmental Policy Act, and Chapter 197-11 WAC, SEPA Rules;
(6) To provide environmental information to City decision-makers;
(7) To create a process that is efficient and effective; (8) To promote certainty with respect to the requirements of SEPA and to integrate SEPA
procedures with decision-making.
22E.030.020 Scope.
The City of Marysville hereby establishes these procedures to implement the State
Environmental Policy Act, herein referred to as “SEPA”, Chapter 43.21C RCW, consistent with those
rules under Chapter 197-11 WAC. The procedures are promulgated under WAC 197-11-020(1), which
states: “Each agency must have its own SEPA procedures consistent with” Chapter 197-11 WAC and
Chapter 43.21C RCW. Consistent with WAC 197-11-020(3), these provisions, Chapter 197-11 WAC,
and Chapter 43.21C RCW must be read together as a whole to comply with the spirit and letter of the
law.
22E.030.030 Policy.
The City of Marysville adopts WAC 197-11-030, as now existing or hereinafter amended, by
reference, subject to the following:
(1) Under WAC 197-11-030(1) and (2), the terms “agency” and “agencies” shall include the City
of Marysville and its respective departments. (2) Under WAC 197-11-030(2)(a), the text is revised to: Interpret and administer the policies, regulations, and laws of the State of
Washington and applicable ordinances and resolutions of the City of Marysville
in accordance with the policies set forth in RCW 43.21C and WAC 197-11.
22E.030.040 Definitions.
Marysville Municipal Code Title 22 UDC
Title 22E-40
Terms defined under Chapter 22A.020 MMC shall apply to this chapter, subject to the
following: (1) Terms Undefined by Chapter 22A.020 MMC. Where Chapter 22A.020 MMC does not define
terms, the City of Marysville adopts those definitions under WAC 197-11-040, 197-11-220, and 197-
11-700 through 197-11-799, as existing and as hereafter amended.
(2) Resolving conflicts between Chapter 22A.020 MMC and SEPA Definitions. Where a conflict
exists between those terms under Chapter 22A.020 MMC and WAC 197-11-040 and 197-11-700
through 197-11-799, the more specific definition that meets the minimum standards and spirit of
Chapter 197-11 WAC shall apply.
22E.030.050 Forms.
The City of Marysville adopts the following forms and sections of Chapter 197-11 WAC, as now
existing or hereinafter amended, by reference:
WAC
197-11-960 Environment checklist
197-11-965 Adoption notice
197-11-970 Determination of nonsignificance (DNS)
197-11-980 Determination of significance and scoping notice (DS)
197-11-985 Notice of assumption of lead agency status 197-11-990 Notice of action
22E.030.060 Lead Agency.
The City of Marysville adopts the following sections of Chapter 197-11 WAC, as now existing or
hereinafter amended, by reference:
(1) WAC 197-11-050;
(2) WAC 197-11-922 through 197-11-948.
22E.030.070 Responsible Official.
For those proposals for which the City is a lead agency, the responsible official shall be the
City of Marysville Community Development Director. For all proposals for which the City is a lead
agency, the Community Development Director shall make the threshold determination, supervise
scoping and preparation of any required EIS and perform any other functions assigned to the lead
agency or responsible official by those sections of the SEPA rules that have been adopted by
reference.
22E.030.080 Purpose and General Requirements.
The City of Marysville adopts WAC 197-11-055 through 197-11-100, as now existing or
hereinafter amended, by reference, subject to the following:
(1) Analyzing Similar Actions in a Single Document. The City adopts the optional provision of WAC
197-11-060(3)(c).
(2) Time Guidelines. Under 197-11-055(2)(b), the responsible official will make a threshold
determination within 90 days of determining that a completed application has been submitted,
consistent with WAC 197-11-055(2)(d), subject to:
(a) The calculation of the number of days in subsection (2)(b) of this section shall not
include those days between the mailing of any request for additional information and re-submittal.
(b) The responsible official shall not make a threshold determination when there is not
adequate information to make a threshold determination within 90 days. When there is not adequate
information to make a determination at the end of 90 days, the responsible official shall notify the
applicant in writing regarding the information required to make a threshold determination.
(3) Content of SEPA Checklist – Responsibility. The applicant shall prepare the initial
environmental checklist, unless the responsible official specifically elects to prepare the checklist. The
responsible official shall make a reasonable effort to verify the information in the checklist and supporting documentation and shall have the authority to determine the final content of the checklist. (4) Additional Information for SEPA Checklist – Timelines. The responsible official may set
reasonable deadlines for the submittal of information, studies, or documents that are necessary for, or
subsequent to, threshold determinations. Unless an extension is requested in writing and approved,
failure to meet such deadlines shall cause the application to be deemed withdrawn.
Marysville Municipal Code Title 22 UDC
Title 22E-41
22E.030.090 Categorical Exemptions, Threshold Determinations, and
Enforcement of Mitigating Measures. The City of Marysville adopts WAC 197-11-300 through 197-11-390, WAC 197-11-800 through
197-11-890, and WAC 197-11-908 as now existing or hereinafter amended, by reference, subject to
the following:
(1) Establishment of Thresholds for Categorically Exempt Actions. The following exempt threshold
levels are hereby established pursuant to WAC 197-11-800(1)(c) for the exemptions in WAC 197-11-
800(1)(b):
(a) The construction or location of any residential structures of less than or equal to 9
dwelling units;
(b) The construction of a barn, loafing shed, farm equipment storage building, produce
storage or packing structure, or similar agricultural structure, covering less than or equal to 10,000
square feet, and to be used only by the property owner or his or her agent in the conduct of farming
the property. This exemption shall not apply to feed lots;
(c) The construction of an office, school, commercial recreational, service or storage
building with less than or equal to 12,000 square feet of gross floor area, and with associated parking
facilities designed for less than or equal to 40 automobiles;
(d) The construction of a parking lot designed for less than or equal to 40 automobiles;
(e) Any landfill or excavation of less than or equal to 500 cubic yards throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder.
(2) Environmentally Critical Areas. The Marysville Shoreline Environments Map and the Critical
Areas Maps adopted pursuant to Title 22E MMC designate the location of environmentally sensitive
areas within the City and are adopted by reference. For each environmentally sensitive area, the
exemptions within WAC 197-11-800 that are inapplicable for the area are (1), (2)(d), (2)(e), (6)(a)
and (24)(a) through (g). Unidentified exemptions shall continue to apply within environmentally
sensitive areas of the City.
(a) Lands Covered by Water. Certain exemptions do not apply on lands covered by water,
and this remains true regardless of whether or not lands covered by water are mapped.
(b) Treatment. The City shall treat proposals located wholly or partially within an
environmentally critical area no differently than other proposals under this chapter, making a
threshold determination for all such proposals. The City shall not automatically require an EIS for a
proposal merely because it is proposed for location in an environmentally critical area.
(3) Responsibility for Determination of Categorical Exempt Status. The determination of whether a
proposal is categorically exempt shall be made by the responsible official. (4) Mitigation Measures. Modifications to a SEPA checklist or other environmental documentation
that result in substantive mitigating measures shall follow one of the following processes:
(a) The responsible official may notify the applicant of the requested modifications to the
proposal and identify the concerns regarding unmitigated impacts. The applicant may elect to revise or
modify the environmental checklist, application, or supporting documentation. The modifications may
include different mitigation measures than those requested by the responsible official; however,
acceptance of the proposed measures is subject to subsequent review and approval by the responsible
official.
(b) The responsible official may make a mitigated determination of nonsignificance
(MDNS), identifying mitigating measures. The MDNS may be appealed by the applicant pursuant to
MMC 22E.030.180.
(c) The responsible official may identify mitigating measures in a letter and mail that
letter to the applicant. In writing, the applicant may acknowledge acceptance of these measures as
mitigating conditions. The acknowledgement shall be incorporated into the application packet as
supporting environmental documentation or as an addendum to the environmental checklist.
(5) Enforcing Mitigation Measures. Pursuant to WAC 197-11-350(7), the City hereby adopts the
following procedures for the enforcement of mitigation measures: (a) Incorporation of Representations Made by Applicant into MDNS or DNS and Approval. Representations made in the environmental checklist and supporting documentation shall be
considered as the foundation of any decision or recommendation of approval of the action. As such,
the responsible official relies on this documentation in making a decision on a proposal. Unless
specifically revised by the responsible official or applicant, those statements, representations, and
mitigating measures contained in the environmental checklist, application, and supporting
Marysville Municipal Code Title 22 UDC
Title 22E-42
documentation shall be considered material conditions of any approval. Mitigating measures shall only
be included on a DNS under the following circumstances: (i) When the UDC does not provide adequate regulations to mitigate for an
identified impact,
AND, when any one of the following circumstances or combination of circumstances exists:
(ii) When such conditions are not specifically written in the environmental
checklist, application, or supporting information,
OR
(iii) When the responsible official determines that the proposed conditions or
representations contained within that information do not adequately address impacts from a proposal.
(b) Modifications to a Proposal – Responsible Official May Withdraw Threshold
Determination. If, at anytime, the proposal or proposed mitigation measures are substantially
changed, or if proposed mitigation measures are withdrawn, then the responsible official shall review
the threshold determination and, if necessary, may withdraw the threshold determination and issue a
revised determination, including a determination of significance (DS), as deemed appropriate.
(c) Enforcement of Mitigation Measures. Mitigation measures that are identified in an
environmental checklist, development application, supporting documentation, an EIS or an MDNS shall
be considered material conditions of the permit or approval that is issued by the reviewing
department. As such, failure to comply with these measures may be enforceable through the enforcement provisions that regulate the proposal.
22E.030.100 Planned Actions.
The City of Marysville adopts WAC 197-11-164 through 197-11-172, as now existing or
hereinafter amended, by reference. Planned actions shall be adopted by ordinance or resolution
following the process established under Title 22G MMC.
22E.030.110 Environmental Impact Statements and Other Environmental
Documents.
The City of Marysville adopts WAC 197-11-400 through 197-11-460 and 197-11-600 through
197-11-640, as now existing or hereinafter amended, by reference, subject to the following:
(1) Pursuant to WAC 197-11-408(2)(a), all comments on a DS and scoping notices shall be in
writing, except where a public meeting on EIS scoping occurs pursuant to WAC 197-11-410(1)(b).
(2) Pursuant to WAC 197-11-420, 197-11-620, and 197-11-625, the responsible official shall be
responsible for preparation and content of an EIS and other environmental documents. The
responsible official shall contract with consultants, as necessary, for the preparation of environmental documents and EISs. The responsible official may consider the opinion of the applicant regarding the
qualifications of the consultant, but the responsible official shall retain sole authority for selecting
persons or firms to author, co-author, provide special services or otherwise participate in the
preparation of required environmental documents.
(3) Consultants or sub-consultants contracted by the City to prepare environmental documents for
a private development proposal:
(a) Shall not act as agents for the applicant in preparation or acquisition of associated
underlying permits or actions;
(b) Shall not have a financial interest in the proposal for which the environmental
documents is being prepared; and
(c) Shall not perform any work nor provide any services for the applicant in connection
with or related to the proposal.
22E.030.120 Comments and Public Notice.
The City of Marysville adopts WAC 197-11-500 through 197-11-570, as now existing or
hereinafter amended, by reference, subject to the following:
(1) Official comments shall be submitted in writing to the contact person on the threshold determination. E-mail comments that are e-mailed to the contact person on the threshold determination may be accepted as official comments.
(2) If required, public notice shall comply with the requirements for the underlying permit as
specified in Chapter 22G.010 MMC Article II – Pulbic Notice Requirements.
(3) The responsible official may require further notice if deemed necessary to provide adequate
public notice of a pending action. Failure to require further or alternative notice shall not be a violation
of any notice procedure.
Marysville Municipal Code Title 22 UDC
Title 22E-43
22E.030.130 Use of Existing Environmental Documents. The City of Marysville adopts WAC 197-11-600 through 197-11-640, as now existing or
hereinafter amended, by reference.
22E.030.140 Substantive Authority.
(1) The City of Marysville adopts WAC 197-11-650 through 197-11-660, WAC 197-11-900 through
197-11-906, and WAC 197-11-158, as now existing or hereinafter amended, by reference.
(2) For the purposes of RCW 43.21C.060 and WAC 197-11-660(a), the following policies, plans,
rules, regulations, and all amendments thereto, are designated as potential bases for the exercise of
the City’s substantive authority under SEPA, subject to the provisions of RCW 43.21C.240:
(a) Chapter 43.21C RCW, State Environmental Policy Act;
(b) Maryville Comprehensive Plan;
(c) Six-Year Transportation Improvement Program;
(e) Chapter 6.76 MMC, Noise Regulations;
(e) MMC Title 7, Health & Sanitation;
(f) MMC Title 9, Fire;
(g) MMC Title 11, Traffic;
(h) MMC Title 12, Streets & Sidewalks; (i) MMC Title 14, Water & Sewers; (j) MMC Title 16, Building;
(k) MMC Title 22, Unified Development Code;
(l) All transportation improvement programs adopted by the City Council pursuant to
Chapter 39.92 RCW;
(m) All capital facilities projects contained within the Marysville Comprehensive Plan;
(n) Interlocal Agreement between Snohomish County and the City of Marysville on
Reciprocal Mitigation of Transportation Impacts;
(o) Interlocal Agreement between the City of Marysville and Snohomish County
Concerning Annexation and Urban Development within the Marysville Urban Growth Area;
(p) The formally designated SEPA policies of other affected agencies or jurisdictions when
there is an agreement with the affected agency or jurisdiction which specifically addresses impact
identification, documentation, and mitigation and which references the environmental policies formally
designated by the agency or jurisdiction for the exercise of SEPA authority.
22E.030.150 SEPA/GMA Integration. The City of Marysville adopts WAC 197-11-210 through 197-11-235, as now existing or
hereinafter amended, by reference.
22E.030.160 Ongoing Actions.
Pursuant to WAC 197-11-916, unless otherwise provided for herein, the provisions of Chapter
197-11 WAC shall apply to all elements of SEPA compliance, including modifying and supplementing
an EIS, initiated after the effective date of the ordinance codified in this title.
22E.030.170 Responsibility as Consulted Agency.
Pursuant to WAC 197-11-912, all requests from other agencies that the City of Marysville
consult on threshold investigations, the scope process, EISs or other environmental documents shall
be submitted to the Community Development Director. The Community Development Director shall be
responsible for coordination with affected City departments and for compiling and transmitting the City
of Marysville’s response to such requests for consultation.
22E.030.180 Appeals.
The City of Marysville adopts WAC 197-11-680, with the following clarifications: (1) Any agency or aggrieved person may appeal the procedures or substance of an environmental determination of the responsible official under SEPA as follows:
(a) Only one administrative appeal of a threshold determination or of the adequacy of an
EIS is allowed; successive administrative appeals on these issues within the same agency are not
allowed. This limitation does not apply to administrative appeals before another agency.
(b) A DNS. Written notice of such an appeal shall be filed with the responsible official
within 15 days after the date of issuance of the DNS. The appeal hearing shall be consolidated with
Marysville Municipal Code Title 22 UDC
Title 22E-44
the hearing(s) on the merits of the governmental action for which the environmental determination
was made. (c) A DS. Written notice of the appeal shall be filed with the responsible official within 15
days after the date of issuance of the DS. The appeal shall be heard by the city council within 30 days
thereafter.
(d) The Adequacy of an EIS. Written notice of appeal shall be filed with the responsible
official within 15 days after the issuance of the final EIS. The appeal hearing shall be consolidated with
the hearing(s) on the merits of the governmental action for which the EIS was issued.
(e) Appeals of intermediate steps under SEPA (e.g., lead agency determination, scoping,
draft EIS adequacy) shall not be allowed.
(f) For any appeal under this section, the city shall provide for a record that shall consist
of the following:
(i) Findings and conclusions;
(ii) Testimony under oath; and
(iii) A taped or written transcript.
(g) Determination by the responsible official shall carry substantial weight in any appeal
proceeding.
(2) Notice. Whenever there is a final action by the City Council for which compliance with SEPA is
required and for which a statute or ordinance establishes a time limit for commencing judicial appeal, the City shall give official notice as required by WAC 197-11-680(5). (3) No agency or person may seek judicial review of environmental determinations made pursuant
to SEPA unless such agency or person has first appealed such environmental determinations using the
administrative procedure set forth above.
Marysville Municipal Code Title 22 UDC
Title 22E-45
Chapter 22E.040 DOWNTOWN PLANNED ACTIONS
Sections:
22E.040.010 Purpose. ....................................................................................45
22E.040.020 Findings. ...................................................................................45
22E.040.030 Procedure and criteria for evaluating and determining projects as
planned actions. .........................................................................45
22E.040.040 Review and approval of planned action projects. ............................46
22E.040.050 Environmental documents. ..........................................................47
22E.040.060 Conflict of development regulations and standards. ........................47
22E.040.010 Purpose.
The city council declares that the purpose of this chapter is to:
(1) Combine environmental analysis with land use planning;
(2) Streamline and expedite the land use permit process by relying on completed and existing
detailed environmental analysis for certain land uses allowed in downtown Marysville;
(3) Set forth a procedure designating certain project actions within downtown Marysville as
planned actions consistent with RCW 43.21C.031;
(4) Provide the public with an understanding of planned actions and how the city will process planned actions; (5) Adopt the supplemental environmental impact statement for the downtown master plan (SEIS)
as a planned action document that provides a framework for encouraging development proposals
within the planned action area described in MMC 22E.040.030 (1) (“planned action projects”) that are
consistent with the goals and policies of the city of Marysville comprehensive plan and the city of
Marysville downtown master plan; and
(6) Apply the city’s development codes together with the SEIS and mitigation framework
described in MMC 22E.040.030 to expedite and simplify processing planned action developments,
consistent with RCW 43.21C.240 and WAC 197-11-158.
22E.040.020 Findings.
The city council finds that:
(1) A subarea plan (downtown master plan or downtown plan) has been prepared and adopted by
the council under the provisions of the Growth Management Act, Chapter 36.70A RCW, for the
geographic area located within the downtown planning area commonly known as the downtown.
(2) The downtown master plan is consistent with the Marysville comprehensive plan and provides for the planned build-out of the downtown over a 20-year planning period.
(3) A supplemental environmental impact statement has been prepared pursuant to Chapter
43.21C RCW in conjunction with the adoption of the downtown master plan.
(4) The downtown plan and SEIS have addressed all the significant environmental impacts
associated with the land uses allowed by the applicable development regulations and standards as
described in the plan.
(5) The thresholds described in the downtown plan and SEIS are adequate to identify significant
adverse environmental impacts.
(6) The mitigation measures contained in the mitigation document, Attachment A to the ordinance
codified in this chapter, together with the city’s development regulations and standards, are adequate
to mitigate the significant adverse environmental impacts anticipated by development consistent with
the downtown plan.
(7) A streamlined process will benefit the public, adequately protect the environment, and
enhance the economic redevelopment of the downtown.
(8) Public involvement and review of the downtown plan and SEIS have been extensive and
adequate to ensure a substantial relationship to the public interest, health, safety, and welfare.
(9) The uses allowed by the city’s development regulations in the zoning classifications in the downtown will implement the downtown plan. (10) This chapter shall be known as the “downtown planned actions” ordinance or chapter.
22E.040.030 Procedure and criteria for evaluating and determining projects
as planned actions.
(1) Land uses and activities described in the downtown master plan and SEIS, subject to the
thresholds described therein and the mitigation measures described in the mitigation document
Marysville Municipal Code Title 22 UDC
Title 22E-46
attached to Ordinance No. 2787 as Attachment A, may be determined to be planned actions consistent
with RCW 43.21C.031 and WAC 197-11-164 to 197-11-172 and pursuant to this chapter. (2) Applications for project permit or approval which may qualify as planned actions under this
chapter shall meet the submittal requirements of Chapter 22G.010 MMC for the particular type of land
use action, permit, or approval sought, including submittal of an environmental checklist or other
environmental document where required.
(3) Upon receipt of a complete application under the provisions of Chapter 22G.010 MMC, the
community development director or designee shall determine whether a particular application for
project permit or approval qualifies as a planned action according to the following criteria:
(a) The project is located within the geographic boundaries described in the downtown
plan;
(b) The zoning designation of the property where the project is proposed is consistent with
those designations analyzed in the downtown plan and SEIS;
(c) The use described in and proposed by the project application is among, or consistent
with, the uses and intensity of uses allowed by the city’s development regulations and consistent with
those uses analyzed in the downtown plan and SEIS;
(d) The proposed project impacts, both project specific and cumulative, are within the
thresholds set forth in the downtown plan and SEIS, and summarized in the mitigation document
(Attachment A); (e) The project’s probable significant environmental impacts have been adequately addressed and analyzed in the downtown plan and SEIS;
(f) The project implements the goals and policies of the downtown plan and is consistent
with the city’s comprehensive plan;
(g) The project’s probable significant environmental impacts will be adequately mitigated
or avoided through the application of the mitigation measures and other conditions required by
application of the mitigation document (Attachment A) and other local, state, federal development
regulations and standards;
(h) The proposed project complies with all applicable local, state, and federal regulations
and development standards;
(i) The proposed project is located within the city of Marysville urban growth area;
(j) The proposed project is not an essential public facility as defined by RCW 36.70A.200.
(4) The community development director shall make a written determination that an application
for project permit or approval meets the criteria in subsection (3) of this section. Such written
determination shall be issued simultaneously with, and in the same manner as, the written notice of
application required by Chapter 22G.010 MMC Article IV – Land Use Application Requirements. The community development director’s determination shall be appealable in accordance with MMC
22G.010.310.
(5) If the community development director determines that an application for project permit or
approval does not qualify as a planned action, the application shall be reviewed and processed under
the applicable procedures for project approval under Chapter 22G.010 MMC Article V – Code
Compliance and Director Review Procedures. The community development director shall prescribe a
SEPA review procedure consistent with Chapter 22E.030 MMC. Such SEPA review may use or
incorporate relevant elements of the environmental analysis in the SEIS or downtown master plan.
(6) If the community development director determines that an application for project permit or
approval qualifies as a planned action, the project permit application shall be processed under the
administrative procedures set forth in MMC 22E.040.040.
22E.040.040 Review and approval of planned action projects.
(1) An application for project permit or approval, which is designated by the community
development director as a planned action under MMC 22E.040.030, shall be subject to approval under
the provisions of Chapter 22G.010 MMC Article V – Code Compliance and Director Review Procedures.
(2) No application for project permit or approval designated a planned action under MMC 22E.040.030 shall require the issuance of a threshold determination under SEPA, as provided by RCW 43.21C.031 and WAC 197-11-172(2)(a). No procedural SEPA appeals under Chapter 22E.030 MMC
shall be allowed.
(3) An application for project permit or approval designated a planned action under MMC
22E.040.030 shall not be subject to further procedural review under SEPA, but the proposed project
may be conditioned to mitigate any adverse environmental impacts which are reasonably likely to
result from the project proposal.
Marysville Municipal Code Title 22 UDC
Title 22E-47
(4) The determination to approve, conditionally approve, or deny an application for planned action
project permit or approval shall be appealable pursuant to MMC 22G.010.310; provided, that the environmental analysis and mitigation measures or other conditions contained in the mitigation
document (Attachment A), the downtown master plan, or SEIS shall be afforded substantial weight.
22E.040.050 Environmental documents.
A planned action designation for a site-specific project action, permit, or approval shall be
based upon the environmental analysis contained in the downtown master plan and SEIS. This
downtown plan and SEIS, including potential mitigation measures, are hereby incorporated in this
chapter and adopted by reference. The mitigation document (Attachment A) is based upon the
analysis contained in the SEIS. The mitigation document, together with existing city codes,
ordinances, and standards, shall provide the framework for the decision by the city to impose
conditions on a planned action project. Other environmental documents and studies listed in the
downtown plan and SEIS may also be used to assist in analyzing impacts and determining appropriate
mitigation measures in accordance with MMC 22E.040.040.
22E.040.060 Conflict of development regulations and standards.
In the event of conflict between this chapter or any mitigation measures imposed pursuant
thereto and any other ordinance or regulation of the city, the provisions of this chapter shall control.
Marysville Municipal Code Title 22 UDC
Title 22E-48
Chapter 22E.050 SHORELINE MANAGEMENT MASTER PROGRAM.
Sections:
22E.050.010 Adoption. ..................................................................................48
22E.050.020 Compliance required. ..................................................................48
22E.050.030 Permit required. .........................................................................48
22E.050.040 Permit – Fees. ............................................................................48
22E.050.050 Application – Form. .....................................................................48
22E.050.060 Review process. .........................................................................48
22E.050.070 Notice publication. ......................................................................48
22E.050.080 Decision. ...................................................................................49
22E.050.090 Permit – Issuance. ......................................................................49
22E.050.100 Signing of permit. .......................................................................49
22E.050.110 Commencement of construction – Time lapse. ................................49
22E.050.120 Time requirements of permit. .......................................................49
22E.050.130 Scope of chapter. .......................................................................50
22E.050.140 Burden of proof. .........................................................................50
22E.050.150 Permit rescinded. .......................................................................50
22E.050.160 Rescission – Hearing. ..................................................................50 22E.050.170 Mayor’s authority. ......................................................................50 22E.050.180 Subsequent hearing – Publication of notice. ...................................50
22E.050.190 Revisions to permit. ....................................................................50
22E.050.200 Streamside protection zone. ........................................................51
22E.050.210 Violation – Penalty. .....................................................................52
22E.050.010 Adoption.
The city council hereby adopts the 2006 Shoreline Master Plan as an element of, and
amendment to, the Marysville Growth Management Comprehensive Plan, subject to the modifications
set forth in the Department of Ecology’s required changes, which are attached to Ordinance No. 2668
as Attachment B. A copy of the comprehensive plan amendment, entitled the 2006 Shoreline Master
Plan, is attached to Ordinance No. 2668 as Exhibit C and is hereby incorporated by this reference.
22E.050.020 Compliance required.
No developments shall be undertaken on the shorelines of the city except those which are
consistent with the policies of this chapter and, after adoption or approval, as appropriate, the applicable guidelines, regulations, or master program.
22E.050.030 Permit required.
No substantial development shall be undertaken on the shorelines of the city without first
obtaining a permit from the city.
22E.050.040 Permit – Fees.
All persons desiring such a permit shall make application by paying a fee as set out in Chapter
22G.030 MMC and filing an application with the Community Development Department.
22E.050.050 Application – Form.
Applications for permits shall be made on forms prescribed by the Community Development
Department, and shall contain the name and address of the applicant, a description of the
development, the location of the development, and any other relevant information deemed necessary
by the Community Development Department.
22E.050.060 Review process. The Community Development Department will review the substantial development permit proposals for consistency with:
(1) The legislative policies stated in RCW 90.58.020, the Shoreline Management Act;
(2) The Shoreline Management Master Program of the city of Marysville.
22E.050.070 Notice publication.
Marysville Municipal Code Title 22 UDC
Title 22E-49
Upon receipt of an application for a permit, the city shall cause notice of application to be
published at least once a week for two consecutive weeks in a newspaper of general circulation within the city. The second notice shall be published not less than 30 days prior to action by the Community
Development Department. The city shall also cause notice of the application to be mailed to each
property owner of record within 300 feet of the proposed development. The date of the mailing shall
not be less than seven days in advance of the department action.
22E.050.080 Decision.
In the event the community development director determines the substantial development is
consistent with the above criteria, the community development director shall so state in written
findings, and such shall be filed with the Department of Ecology. In the event the community
development director determines the substantial development is inconsistent with the above criteria
the application shall be denied. Decisions of the community development director may be appealed on
written filing of an appeal by an aggrieved party. Appeals of administrative decisions by the
community development director shall be heard by the hearing examiner in accordance with the
manner prescribed in Chapter 22G.010 MMC Article VIII - Appeals and Chapter 22G.060 MMC. The
hearing examiner’s decision shall be reviewed by the city council pursuant to MMC 22G.060.130.
22E.050.090 Permit – Issuance. In the event, however, no appeal is filed following the filing of the findings of the planning director, no public hearing is set, then the permit shall issue upon the terms and conditions
hereinafter prescribed and as prescribed by the community development director.
22E.050.100 Signing of permit.
The mayor and the city clerk shall sign the permit, and upon such the same shall be deemed
issued.
22E.050.110 Commencement of construction – Time lapse.
No one who is issued a permit hereunder shall be authorized to commence construction until
30 days have elapsed from the date that the permit is filed with the Washington State Department of
Ecology, or until all review proceedings are terminated if such proceedings were initiated within said
30-day period.
22E.050.120 Time requirements of permit.
The following time requirements shall apply to all substantial development, conditional use and variance permits:
(1) Construction or substantial progress toward construction of a project for which a permit has
been granted must be undertaken within two years after the approval of the permit. Substantial
progress toward construction shall include, but not be limited to, the letting of bids, making of
contracts, purchase of materials involved in development, but shall not include development or uses
which are inconsistent with the Shoreline Management Act or the city’s master program. In
determining the running of the two-year period hereof, there shall not be included the time during
which a development was not actually pursued by construction and the pendency of litigation
reasonably related thereto made it reasonable not to so pursue; provided, that the city council may, in
its discretion, extend the two-year time period for a reasonable time based on factors, including the
inability to expeditiously obtain other governmental permits which are required prior to the
commencement of construction.
(2) If a project for which a permit has been granted has not been completed within five years
after the approval of the permit by the city, the city hearing examiner shall review the permit and,
upon a showing of good cause, do either of the following:
(a) Extend the permit for one year; or
(b) Terminate the permit. Provided, that the running of the five-year period shall not include the time during which a development was not actually pursued by construction and the pendency of litigation reasonably
related thereto made it reasonable not to so pursue; provided further, that nothing herein shall
preclude the city from issuing permits with a fixed termination date less than five years.
Marysville Municipal Code Title 22 UDC
Title 22E-50
22E.050.130 Scope of chapter.
Nothing in this chapter shall authorize the issuance of a permit upon conditions or terms which are specifically contrary to the laws of the state of Washington.
22E.050.140 Burden of proof.
All applicants for permits shall have the burden of proving that a proposed development is
consistent with the criteria which must be met before the permit is issued.
22E.050.150 Permit rescinded.
Any permit issued hereunder may be rescinded by the city council upon a finding that a
permittee has not complied with the conditions of a permit, subject however to a hearing as
hereinafter provided.
22E.050.160 Rescission – Hearing.
Before such permit is rescinded by the council, the council shall set a date for a public hearing to
determine whether the permittee has not complied with the conditions of the permit. This hearing will
be held at such time as deemed appropriate by the council, and upon notice to the permittee by
mailing such to permittee’s address as shown on the application, by posting one notice at the
development, and by notice in a newspaper of general circulation within the city at least 10 days prior to the hearing.
22E.050.170 Mayor’s authority.
The mayor shall have the authority to immediately stop any work under a permit which the
mayor believes, in good faith, is not in compliance with the permit and is likely to cause immediate
and irreparable harm. Upon such a stop order being issued, the permittee shall immediately cease and
desist such portion of the development which is ordered stopped by the mayor, but may continue
working on the other portions of the development. As soon as it is practical thereafter, a hearing will
be held before the council of the city to determine whether the conditions of the permit were being
violated, and if so, whether to cancel the permit or determine what other action should be taken.
Notice of hearing shall be in the form and manner prescribed hereinabove as to a hearing on
cancellation of a permit.
22E.050.180 Subsequent hearing – Publication of notice.
At the city council meeting following the filing of such findings by the hearing examiner, the
city council, on its own initiative or on request of an aggrieved party, whether the applicant or any other individual, may set another hearing date by giving notice in the newspaper and by mail in the
manner prescribed for the hearing examiner, and at such public hearing determine on the merits
whether the development is consistent with the legislative policies stated in RCW 90.58.020, Shoreline
Management Act, and the Shoreline Master Program of the City of Marysville. If at such hearing the
majority of the council determines that such development satisfies the criteria, then a permit shall be
issued upon the terms and conditions hereinafter prescribed and prescribed by the council.
22E.050.190 Revisions to permit.
When an applicant seeks to revise a substantial development, conditional use or variance
permit, the city Community Development Department shall request from the applicant detailed plans
and text describing the proposed changes in the permit. If the Community Development Department
determines that the proposed changes are within the scope and intent of the original permit, the
revision shall be automatically approved. “Within the scope and intent of the original permit” means
the following:
(1) No additional over-water construction will be involved;
(2) Lot coverage and height may be increased a maximum of 10 percent from provisions of the
original permit; provided, that revisions involving new structures not shown on the original site plan shall require a new permit; (3) Landscaping may be added to a project without necessitating an application for a new permit:
(4) The use authorized pursuant to the original permit is not changed;
(5) No additional significant adverse environmental impact will be caused by the project revision.
If the revision, or the sum of the revision and any previously approved revisions, will violate the
criteria specified above, the city shall require the applicant to apply for a new substantial
development, conditional use or variance permit, as appropriate, in the manner provided for herein.
Marysville Municipal Code Title 22 UDC
Title 22E-51
22E.050.200 Streamside protection zone. (1) Establishment of Zone – Purpose. A streamside protection zone is established along both sides
of all of the following streams, or segments thereof, within the city of Marysville: Washington State
Department of Fisheries stream numbers 0044 (Quilceda Creek), 0068 (Allen Creek), 0068A, 0073
(Munson Creek), 0073A, 0074 (two tributaries), Ebey Slough.
The purpose of this zone is to provide a buffer area where natural vegetation will be preserved
and development will be prohibited, thereby protecting the streams from unnatural modification or
intrusion, erosion, siltation and pollution and promoting and preserving natural life cycles of fish and
game in and around the streams. Furthermore, this zone will preserve access to the streams for the
limited purpose of maintaining the natural characteristics of the streams by approved techniques, and
for other limited purposes which will have no adverse environmental impact upon the streams. This
zone shall be implemented as an overlay of municipal control and regulation which is applicable in all
land use categories and environmental classifications.
(2) Definition of Zone. A streamside protection zone shall extend 25 feet upland from that point in
the natural contour where the topography breaks for the streambeds near as may be determined. As a
guide in interpreting the definition of this zone, all parties may refer to figure 4 found on page 79 of
the 1981 Marysville Area Draft Comprehensive Plan, as prepared by Snohomish County. In any cases
where a break in the natural contour lines cannot be determined, the streamside protection zone shall be measured from the ordinary high water mark, which is defined as follows: That mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are
so common and usual, and so long continued in all ordinary years, as to mark upon the soil a
character distinct from that of the abutting upland, in respect to vegetation as that condition existed
on June 1, 1971, or as it may naturally change thereafter; provided, that in any area where the
ordinary high water mark cannot be found pursuant to this definition, it shall be the line of mean high
water.
(3) Restrictions Within Zone. Within the streamside protection zone the following activities shall be
prohibited:
(a) Construction of any structures, permanent or temporary, including fences;
(b) Construction of any on-site sewage disposal system, or other underground facilities
except as provided in subsection (4) of this section;
(c) Grading, filling or other earthwork of any kind;
(d) Grazing or keeping livestock;
(e) Storage, parking, dumping or disposing of any materials, natural or unnatural,
including motor vehicles, refuse, garbage, cuttings from trees, lawns and gardens, and animal wastes; (f) Landscaping, or cutting, removing, trimming or otherwise modifying any natural
vegetation which serves the function of providing shade and protection for the streamside or is a
source of food or habitat for fish or game;
(g) Relocation of the natural course of the stream, or modification of the flow
characteristics thereof.
(4) Developments Allowed Within Zone. Notwithstanding the above, the following developments,
land uses and activities are permitted within the streamside protection zone provided that a shoreline
development permit, if applicable, is first obtained from the city:
(a) Public and private utility lines and appurtenances, including underground storm
drainage facilities;
(b) Public and private roads, bridges and appurtenances;
(c) Temporary private roads and bridges for the purpose of providing access to perform
stream maintenance services;
(d) Activities and improvements which are necessary to maintain the natural
characteristics of a stream;
(e) Unimproved trails for recreational purposes and other passive recreational uses;
(f) Public parks and recreational developments. (5) Rehabilitation Required. The city shall require rehabilitation and replanting of natural protective vegetation within the streamside protection zone on all properties which become subject to
the city’s regulatory jurisdiction in connection with applications for any of the following:
(a) Subdivision;
(b) Binding site plan;
(c) Short plat;
(d) Planned residential development;
Marysville Municipal Code Title 22 UDC
Title 22E-52
(e) Mobile home park;
(f) Building permit; (g) Conditional use permit;
(h) Shoreline development permit.
(6) Variances. The city council shall have the authority to grant a variance from the restrictions
contained in subsection (3) of this section pursuant to the procedures, filing fees and criteria specified
in Shoreline Master Program of the City of Marysville (omitting any references to the Department of
Ecology). If a variance application is merged with a pending shoreline development permit application,
the applicant shall pay the city a single fee of $1,000. No variance shall be granted which is
inconsistent with the policies of the Shoreline Management Act of the state of Washington and the
master program of the city of Marysville.
(7) Nonconforming Uses. Any uses, developments or activities existing within the streamside
protection zone on the date the zone becomes applicable to the subject property, and which were in
full compliance with all codes and regulations of the city or other applicable jurisdiction at the time,
shall be regarded as nonconforming uses. The uses, developments and activities may be continued for
a period of two years thereafter if properly repaired, maintained and actively utilized. At the end of
said period, they shall be removed, at the owner’s cost, and the streamside protection zone shall be
brought into conformity with this section; provided, that grazing or keeping livestock, landscaping,
and permanent structures (excluding fences), which constitute nonconforming uses may continue beyond the two-year period in accordance with the terms and provisions of Chapter 22C.100 MMC. No nonconforming use, development or activity within a streamside protection zone shall be replaced,
expanded or intensified in any manner whatsoever.
(8) Exemption. All commercial and industrial uses, developments and activities which abut Ebey
Slough and which exist within the streamside protection zone on the effective date of said zone, shall
be exempt from the restrictions of the zone until one of the following occurs:
(a) The use, development or activity is terminated, discontinued or abandoned for a
period of at least 12 consecutive months; or
(b) The improvements are destroyed or demolished to an extent where restoration costs
would exceed 75 percent of the assessed value; or
(c) The use of the property is changed to a new occupancy classification under the
Uniform Building Code.
22E.050.210 Violation – Penalty.
In addition to incurring civil liability, any person found to have willfully engaged in activities on
the shorelines within the city in violation of the provisions of this chapter or any of the master programs, rules or regulations adopted pursuant thereto, shall be guilty of a misdemeanor, and shall
be punished by fine not to exceed $300.00, or by imprisonment not to exceed 60 days, or by both
such fine and imprisonment.
Marysville Municipal Code Title 22 UDC
Title 22F-1
Title 22F
CONSTRUCTION STANDARDS
(Reserved)
Marysville Municipal Code Title 22 UDC
Title 22G-1
Title 22G
ADMINISTRATION AND PROCEDURES
Chapter 22G.010 LAND USE APPLICATION PROCEDURES .......................................... 2
Chapter 22G.020 PROCEDURES FOR LEGISLATIVE ACTIONS .....................................16
Chapter 22G.030 LAND USE AND DEVELOPMENT FEES .............................................19
Chapter 22G.040 SECURITY FOR PERFORMANCE AND MAINTENANCE ........................22
Chapter 22G.050 PLANNING COMMISSION .............................................................25
Chapter 22G.060 HEARING EXAMINER ...................................................................27
Chapter 22G.070 SITING PROCESS FOR ESSENTIAL PUBLIC FACILITIES ....................30
Chapter 22G.080 PLANNED RESIDENTIAL DEVELOPMENTS .......................................34
Chapter 22G.090 SUBDIVISIONS AND SHORT SUBDIVISIONS ..................................40
Chapter 22G.100 BINDING SITE PLAN ...................................................................65
Chapter 22G.110 BOUNDARY LINE ADJUSTMENTS ...................................................76
Marysville Municipal Code Title 22 UDC
Title 22G-2
Chapter 22G.010 LAND USE APPLICATION PROCEDURES
Sections:
22G.010.010 Purpose. ..................................................................................... 3
Article I: Consolidated Application Process ............................................. 3
22G.010.020 Application. ................................................................................. 3
22G.010.030 Preapplication meetings. .............................................................. 3
22G.010.040 Content of applications. ................................................................ 3
22G.010.050 Letter of completeness. ................................................................ 3
22G.010.060 Technical review committee. ......................................................... 4
22G.010.070 Environmental review. ................................................................. 4
22G.010.080 Reimbursement in lieu of traffic engineering study. .......................... 4
Article II: Public Notice Requirements ...................................................... 4
22G.010.090 Notice of development application. ................................................ 4
22G.010.100 Notice of administrative approvals. ................................................ 5
22G.010.110 Notice of public hearing. ............................................................... 5
22G.010.120 Notice of appeal hearing. .............................................................. 5
22G.010.130 Notice of decision. ....................................................................... 6
Article III: Review and Approval Process ................................................... 6 22G.010.140 Application review. ...................................................................... 6 22G.010.150 Administrative approvals without notice. ........................................ 6
22G.010.160 Administrative approvals subject to notice. ..................................... 6
22G.010.170 Hearing examiner decisions. ......................................................... 7
22G.010.180 Procedures for open record hearings. ............................................. 7
22G.010.190 Reconsideration. .......................................................................... 7
22G.010.200 Final decision. ............................................................................. 7
22G.010.210 Construction plan approval. .......................................................... 8
Article IV: Land Use Application Requirements ......................................... 8
22G.010.220 Specific form and content of application determined. ....................... 8
22G.010.230 Initiation of required approvals or permits. ..................................... 8
22G.010.240 Complete applications. ................................................................. 8
22G.010.250 Vesting. ..................................................................................... 9
22G.010.260 Modifications to proposal. ............................................................. 9
22G.010.270 Supplemental information. ............................................................ 9
22G.010.280 Oath of accuracy. ........................................................................ 9 22G.010.290 Limitations on refiling of applications. ............................................ 9
Article V: Code Compliance and Director Review Procedures ................... 9
22G.010.300 Code compliance review – Actions subject to review. ....................... 9
22G.010.310 Decisions and appeals. ................................................................10
22G.010.320 Actions subject to review. ............................................................10
22G.010.330 Notice requirements and comment period. .....................................10
22G.010.340 Decision or public hearing required. ..............................................10
22G.010.350 Additional requirements prior to hearing. .......................................10
22G.010.360 Decision regarding proposal. ........................................................10
22G.010.370 Time limitations..........................................................................10
Article VI: Land Use Application – Decision Criteria .................................11
22G.010.380 Purpose. ....................................................................................11
22G.010.390 Temporary use permit. ................................................................11
22G.010.400 Variance. ...................................................................................11
22G.010.410 Conditional use permit. ...............................................................12
22G.010.420 Zone reclassification. ..................................................................12
22G.010.430 Rezone and review procedures. ....................................................13 22G.010.440 Home occupation permit. .............................................................13 22G.010.450 Continuing jurisdiction.................................................................13
22G.010.460 Cancellation of decisions. .............................................................13
22G.010.470 Transfer of ownership. ................................................................13
Article VII: Text Amendments to Title 22 MMC ..........................................13
22G.010.480 Purpose. ....................................................................................13
22G.010.490 Authority and application. ............................................................14
Marysville Municipal Code Title 22 UDC
Title 22G-3
22G.010.500 Required findings........................................................................14
22G.010.510 Burden of proof. .........................................................................14 Article VIII: Appeals....................................................................................14
22G.010.520 Appeal process – General description. ...........................................14
22G.010.530 Appeal of administrative interpretations and approvals. ...................14
22G.010.540 Judicial appeal. ..........................................................................15
22G.010.010 Purpose.
The purpose of this chapter is to combine and consolidate the application, review, and
approval processes for land development in the city of Marysville in a manner that is clear, concise,
understandable and consistent with Chapter 36.70B RCW. It is further intended to comply with state
guidelines for combining and expediting development review and integrating environmental review
and land use development plans. Final decisions on development proposals shall be made within 120
days of the date of the letter of completeness except as provided in MMC 22G.010.200.
Article I: Consolidated Application Process
22G.010.020 Application.
(1) The city shall consolidate development application and review in order to integrate the development permit and environmental review process, while avoiding duplication of the review processes.
(2) All applications for development permits, variances and other city approvals under the
development code shall be submitted on forms provided by the department of community
development. All applications shall be acknowledged by the property owner.
22G.010.030 Preapplication meetings.
(1) Informal. Applicants for development are encouraged to participate in an informal meeting
prior to the formal preapplication meeting. The purpose of the meeting is to discuss, in general terms,
the proposed development, city design standards, design alternatives, and required permits and
approval process.
(2) Formal. Every person proposing a development, with exception of building permits, in the city
shall attend a preapplication meeting. The purpose of the meeting is to discuss the nature of the
proposed development, application and permit requirements, fees, review process and schedule,
applicable plans, policies and regulations. In order to expedite development review, the city shall
invite all affected jurisdictions, agencies and/or special districts to the preapplication meeting.
22G.010.040 Content of applications.
(1) All applications for approval under MMC Title 22 shall include the information specified in the
applicable title. The director may require such additional information as reasonably necessary to fully
and properly evaluate the proposal.
(2) The applicant shall apply for all permits identified in the preapplication meeting.
22G.010.050 Letter of completeness.
(1) Within 28 days of receiving a date stamped application, the city shall review the application
and as set forth below provide applicants with a written determination that the application is complete
or incomplete.
(2) A project application shall be declared complete only when it contains all of the following
materials:
(a) A fully completed, signed, and acknowledged development application and all
applicable review fees.
(b) A fully completed, signed, and acknowledged environmental checklist for projects
subject to review under the State Environmental Policy Act. (c) The information specified for the desired project in the appropriate chapters of the Marysville Municipal Code and as identified in MMC 22G.010.040.
(d) Any supplemental information or special studies identified by the director.
(3) For applications determined to be incomplete, the city shall identify, in writing, the specific
requirements or information necessary to constitute a complete application. Upon submittal of the
additional information, the city shall, within 14 days, issue a letter of completeness or identify what
additional information is required.
Marysville Municipal Code Title 22 UDC
Title 22G-4
22G.010.060 Technical review committee. (1) Immediately following the issuance of a letter of completeness, the city shall schedule a
meeting of the technical review committee (TRC). The TRC may be composed of representatives of all
affected city departments, utility districts, the fire department, and any other entities or agencies with
jurisdiction.
(2) The TRC shall review the development application for compliance with city plans and
regulations, coordinate necessary permit reviews, and identify the development’s environmental
impacts.
22G.010.070 Environmental review.
(1) Developments and planned actions subject to the provisions of the State Environmental Policy
Act (SEPA) shall be reviewed in accordance with the policies and procedures contained in Chatper
22E.030 MMC.
(2) SEPA review shall be conducted concurrently with development project review. The following
are exempt from concurrent review:
(a) Projects categorically exempt from SEPA;
(b) Components of previously completed planned actions, to the extent permitted by law
and consistent with the EIS for the planned action. 22G.010.080 Reimbursement in lieu of traffic engineering study.
(1) In those cases where a developer would be required pursuant to any applicable city code or
policy to provide a traffic engineering study as a condition of development, the city engineer or his
designee may evaluate whether any traffic study previously completed at public expense adequately
addresses the traffic issues that would be expected to be covered in a private, site-specific study. In
such cases, the city engineer may waive a developer’s site-specific traffic engineering study and
instead authorize the payment of a fee to be paid in lieu of such study as reimbursement of a portion
of the city’s costs of an engineering study.
(2) The fee to be reimbursed to the city shall be administratively determined in the sole discretion
of the city engineer and shall be based upon the following:
(a) The total cost of the city’s study;
(b) The scope and area of the city’s study as compared to the area that would have been
required to be studied by the private developer;
(c) The degree to which the city’s study is expected to be used in lieu of other site-specific
private developer studies in the future; (d) Such other and further factors as the city engineer deems relevant.
There shall be no appeal from the decision of the city engineer. The decision of the city
engineer shall be issued in writing.
(3) In the event the private developer disagrees with the amount determined to be reimbursed to
the city, the developer may appeal the administrative determination to the city’s hearing examiner
pursuant to Chapter 22G.060 MMC. Said appeal shall be filed in writing with the city engineer not later
than 14 calendar days from the issuance of the administrative determination. Failure to file an appeal
within said time period shall be deemed as acceptance of the administrative determination. He shall
conduct his own study at his own expense.
(4) If it is determined by the city engineer or other appropriate authority that the city study needs to
be updated with respect to a particular property or use, the developer shall do so at its own expense.
Article II: Public Notice Requirements
22G.010.090 Notice of development application.
(1) Within 14 days of issuing a letter of completeness under Chapter 22G.010 MMC Article I –
Consolidated Application Process, the city shall issue a notice of development application. The notice shall include but not be limited to the following: (a) The name of the applicant;
(b) Date of application;
(c) The date of the letter of completeness;
(d) The location of the project;
(e) A project description;
(f) The requested approvals, actions, and/or required studies;
Marysville Municipal Code Title 22 UDC
Title 22G-5
(g) A public comment period not less than 14 nor more than 30 days. The length of the
comment period will be based on complexity of the project, as determined by the director; (h) Identification of existing environmental documents;
(i) A city staff contact and phone number;
(j) The date, time, and place of a public hearing if one has been scheduled;
(k) A statement that the decision on the application will be made within 120 days of the
date of the letter of completeness.
(2) The notice of development application shall be posted on the subject property, published once
in a newspaper of general circulation and mailed to all property owners as shown on the records of the
county assessor and to all street addresses of properties within 300 feet, not including street rights-of-
way, of the boundaries of the property which is the subject of the development application.
(3) The notice of development application shall be issued prior to and is not a substitute for
required notice of a public hearing.
(4) A notice of application is not required for the following actions, when they are categorically
exempt from SEPA or environmental review has been completed:
(a) Application for building permits;
(b) Application for lot line adjustments;
(c) Application for administrative approvals.
22G.010.100 Notice of administrative approvals. Notice of administrative approvals subject to notice under MMC 22G.010.160 shall be made as
follows:
(1) Notification of Preliminary Approval. The director shall notify the adjacent property owners of
his intent to grant approval. Notification shall be made by mail only.
(2) The notice shall include:
(a) A description of the preliminary approval granted, including any conditions of
approval;
(b) A place where further information may be obtained;
(c) A statement that final approval will be granted unless an appeal requesting a public
hearing is filed with the city clerk within 15 days of the date of the notice.
22G.010.110 Notice of public hearing.
Notice of a public hearing for all development applications and all open record appeals shall be
given as follows:
(1) Time of Notices. Except as otherwise required, public notification of meetings, hearings, and pending actions under MMC Title 22 shall be made by:
(a) Publication at least 10 days before the date of a public meeting, hearing, or pending
action in the official newspaper if one has been designated or a newspaper of general circulation in the
city; and
(b) Mailing at least 10 days before the date of a public meeting, hearing, or pending action
to all property owners as shown on the records of the county assessor and to all street addresses of
properties within 300 feet, not including street rights-of-way, of the boundaries of the property which
is the subject of the meeting or pending action. A mailing list and assessor’s map showing properties
within 300 feet shall be provided by the applicant; and
(c) Posting at least 10 days before the meeting, hearing, or pending action in three public
places where ordinances are posted and at least one notice on the subject property.
(2) Content of Notice. The public notice shall include a general description of the proposed project,
action to be taken, a nonlegal description of the property or a vicinity map or sketch, the time, date
and place of the public hearing and the place where further information may be obtained.
(3) Continuations. If for any reason a meeting or hearing on a pending action cannot be
completed on the date set in the public notice, the meeting or hearing may be continued to a date
certain and no further notice under this section is required. 22G.010.120 Notice of appeal hearing.
In addition to the posting and publication requirements of MMC 22G.010.110, notice of appeal
hearings shall be as follows:
(1) For an appeal of administrative approvals, notice shall be mailed to the applicant, appellant
and adjacent property owners.
Marysville Municipal Code Title 22 UDC
Title 22G-6
22G.010.130 Notice of decision.
A written notice for all final decisions shall be sent to the applicant and all parties of record. For development applications subject to hearing examiner review, the notice shall be the report issued by
the hearing examiner.
Article III: Review and Approval Process
22G.010.140 Application review.
(1) A review process which consolidates different permits is the standard review process utilized in
the city. A single report, as described in MMC 22G.010.170(1), will be prepared for a development
application. During a development application review, the city will not reconsider fundamental land
use planning decisions which have been made in the adopted comprehensive plan or development
regulations.
(2) A neighborhood meeting is required to be conducted by the applicant prior to submittal of an
application for projects which, in the discretion of the director, have the potential to raise significant
neighborhood issues. Public notice shall be given to the affected neighborhood consistent with MMC
22G.010.110(1)(b).
(3) During project review, the city shall determine whether the project is consistent with the
following items described in the applicable plans and regulations: (a) Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as planned residential developments and conditional uses, if the criteria
for their approval have been satisfied;
(b) Density of residential development in urban growth areas;
(c) Availability and adequacy of public facilities identified in the comprehensive plan; and
(d) Development standards.
22G.010.150 Administrative approvals without notice.
(1) The director may approve, approve with conditions, or deny the following without notice:
(a) Boundary line adjustments;
(b) Extension of time for approval;
(c) Minor amendments or modifications to approved developments or permits. Minor
amendments are those which may affect the precise dimensions or location of buildings, accessory
structures and driveways, but do not affect:
(i) Overall project character,
(ii) Increase the number of lots, dwelling units, or density, or (iii) Decrease the quality or amount of open space;
(d) Home occupations;
(e) Critical areas management determinations made by the community development
director pursuant to Chapter 22E.010 MMC;
(f) Bed and breakfast permits;
(g) Accessory dwelling units;
(h) Site plan with commercial, industrial, institutional (e.g., church, school) or multiple-
family building permit if permitted outright;
(i) Site plan with administrative conditional use permit;
(2) Director’s decisions under this section shall be final on the date issued.
22G.010.160 Administrative approvals subject to notice.
(1) The director may grant preliminary approval or approval with conditions, or may deny the
following actions subject to the notice and appeal requirements of this section:
(a) Short subdivisions;
(b) Shoreline permits for substantial developments;
(c) Conditional use permits; (d) Binding site plans; (e) Master plan for properties under ownership or contract of applicant(s).
(2) Final Administrative Approvals. Preliminary approvals under this section shall become final
subject to the following:
(a) If no appeal is submitted, the preliminary approval becomes final at the expiration of
the 15-day notice period.
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(b) If a written notice of appeal is received within the specified appeal periods, the matter
will be referred to the hearing examiner for an open record public hearing.
22G.010.170 Hearing examiner decisions.
(1) Staff Report. The director or designee shall prepare a staff report on the proposed
development or action summarizing the comments and recommendations of city departments,
affected agencies and special districts, and evaluating the development’s consistency with the city’s
development code, adopted plans and regulations. The staff report shall include findings, conclusions
and proposed recommendations for disposition of the development application. The report shall be
prepared at least seven days prior to the public hearing.
(2) Hearing. The hearing examiner shall conduct an open record hearing on development
proposals for the purpose of taking testimony, hearing evidence, considering the facts germane to the
proposal, and evaluating the proposal for consistency with the city’s development code, adopted plans
and regulations. Notice of the hearing shall be in accordance with MMC 22G.010.110.
(3) Required Findings. The hearing examiner shall not approve a proposed development without
first making the following findings and conclusions:
(a) The development is consistent with the comprehensive plan and meets the requirements and
intent of the Marysville Municipal Code.
(b) The development makes adequate provisions for open space, environmentally sensitive areas, drainage, streets and other public ways, transit stops, water supply, sanitary wastes, public utilities and infrastructure, parks and recreation facilities, playgrounds, sites for schools and school grounds.
(c) The development is beneficial to the public health, safety and welfare and is in the public
interest.
(d) The development does not lower the level of service of transportation and/or neighborhood
park facilities below the minimum standards established within the comprehensive plan. If the
development results in a level of service lower than those set forth in the comprehensive plan, the
development may be approved if improvements or strategies to raise the level of service above the
minimum standard are made concurrent with the development. For the purpose of this section,
“concurrent with the development” is defined as the required improvements or strategies in place at
the time of occupancy, or a financial commitment is in place to complete the improvements or
strategies within six years of approval of the development.
(e) The area, location and features of land proposed for dedication are a direct result of the
development proposal, are reasonably needed to mitigate the effects of the development, and are
proportional to the impacts created by the development.
(4) Decision. Upon approving or disapproving a development proposal or action, the hearing examiner shall prepare and adopt a written decision setting forth its findings, conclusions,
recommendations, and effective date of the decision, as set forth herein and in Chapter 22G.060 MMC.
22G.010.180 Procedures for open record hearings.
Only one open record hearing is allowed per project. Open record hearings shall be conducted
in accordance with city ordinance and the hearing examiner’s rules of procedure and shall serve to
create or supplement an evidentiary record upon which the decision shall be based.
22G.010.190 Reconsideration.
A party to a public hearing may seek reconsideration only of a final decision by filing a written
request for reconsideration with the director within 14 days of the final written decision. The request
shall comply with MMC 22G.010.530(3). The examiner shall consider the request within seven days of
filing the same. The request may be decided without public comment or argument by the party filing
the request. If the request is denied, the previous action shall become final. If the request is granted,
the hearing examiner may immediately revise and re-issue his or her decision. Reconsideration should
be granted only when a legal error has occurred or a material factual issue has been overlooked that
would change the previous decision. 22G.010.200 Final decision.
(1) Time. The final decision on a development proposal shall be made within 120 days from the
date of the letter of completeness. Exceptions to this include:
(a) Amendments to the comprehensive plan or development code.
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(b) Any time required to correct plans, perform studies or provide additional information;
provided, that within 14 days of receiving the requested additional information, the director shall determine whether the information is adequate to resume the project review.
(c) Substantial project revisions made or requested by an applicant, in which case the 120
days will be calculated from the time that the city determines the revised application to be complete.
(d) All time required for the preparation and review of an environmental impact
statement.
(e) Projects involving the siting of an essential public facility.
(f) An extension of time mutually agreed upon by the city and the applicant.
(g) All time required to obtain a variance.
(h) Any reconsideration by the hearing body.
(i) All time required for the administrative appeal of a determination of significance.
(2) Effective Date. The final decision of the council or hearing body shall be effective on the date
stated in the decision, motion, resolution, or ordinance; provided, that the date from which appeal
periods shall be calculated shall be the date the council or hearing body takes action on the motion,
resolution, or ordinance.
22G.010.210 Construction plan approval.
(1) Construction plans for projects reviewed under the development code shall be approved for a period of 60 months from the date the city signs the “City of Marysville Construction Drawing Review Acknowledgement” block included on the civil construction plans or until expiration of the preliminary
plat, preliminary short plat, binding site plan, conditional use permit or site plan approval.
(2) The city may grant an extension of up to 12 months, if substantial progress has been made by
the applicant to complete construction of the approved project. Extensions shall be considered on a
case-by-case basis by the public works director or designee and will require a letter to be submitted to
the city requesting the extension. Said letter shall demonstrate that the project has made substantial
construction progress, the reason for the extension request, and an estimated timeline for completion
of construction.
(3) When the approval period (or any extension thereof) expires, the city’s approval of the
construction plans shall be deemed automatically withdrawn. In order to receive further consideration
by the city after such expiration and automatic withdrawal, construction plans must be re-submitted
and must comply with the current code requirements.
Article IV: Land Use Application Requirements
22G.010.220 Specific form and content of application determined.
The department shall:
(1) Prescribe, prepare and provide the form on which applications required by this code are made;
and
(2) Prescribe the type of information to be submitted by the applicant.
22G.010.230 Initiation of required approvals or permits.
The department shall not commence review of any application set forth in this chapter until
the property owner has submitted the materials and fees specified for complete applications.
22G.010.240 Complete applications.
(1) Applications for conditional use permits, variances, and zone reclassifications shall be
considered complete as of the date of submittal upon determination by the department that the
materials submitted contain the following:
(a) Application forms provided by the department and completed by the applicant;
(b) Certificates of sewer and water availability from the appropriate purveyors, where
sewer and/or water service is proposed to be obtained from a purveyor, confirming that the proposed water supply and/or sewage disposal are adequate to serve the development in compliance with adopted state and local system design and operating guidelines;
(c) Identification on the site plan of all easements, deed restrictions, or other
encumbrances restricting the use of the property, if applicable;
(d) Proof that the lot or lots are recognized as separate lots pursuant to the provisions of
MMC Chapter 22G.090, Subdivisions and Short Subdivisions;
(e) A sensitive area report, if applicable;
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(f) A completed environmental checklist, if required by Chapter 22E.030 MMC, Procedures
and Policies for Implementing the State Environmental Policy Act; (g) Payment of any development permit review fees, excluding impact fees; and
(h) Complete applications for other required permits that are required to be processed
concurrently with the proposed application, or copies of approved permits that are required to be
obtained prior to the proposed application.
(2) Applications found to contain material errors shall not be deemed complete until such material
errors are corrected.
(3) The community development director may waive specific submittal requirements determined
to be unnecessary for review of an application.
22G.010.250 Vesting.
(1) Only a complete application for a conditional use permit shall be considered under zoning and
other land use control ordinances in effect as of the date of submittal.
(2) Supplemental information required after acceptance and vesting of a complete application
shall not affect the validity of the vesting for such application.
(3) Vesting of an application does not vest any subsequently required permits, nor does it affect
the requirements for vesting of subsequent permits or approvals.
(4) This section vests only conditional use permits. Vesting for other development permits shall be governed by other applicable titles. No rights shall vest by virtue of any application for a zone reclassification.
22G.010.260 Modifications to proposal.
(1) Modifications to an application required by the city shall not be deemed a new application.
(2) An applicant-requested modification occurring either before or after issuance of the permit
shall be deemed a new application for the purpose of vesting when such modification would result in a
substantial increase in a project’s impact as determined by the department. Such substantially
increased impact may include increases in residential density or traffic generation or a greater than 10
percent increase in building square footage.
22G.010.270 Supplemental information.
(1) The department may cease processing of a complete application while awaiting supplemental
information which is found to be necessary for continued review subsequent to the initial screening by
the department.
(2) The department shall set a reasonable deadline for the submittal of such supplemental information and shall provide written notification to the applicant by certified mail. An extension of
such deadline may be granted upon submittal by the applicant of a written request providing
satisfactory justification for an extension.
(3) Failure by the applicant to meet such deadline shall be cause for the department to
cancel/deny the application.
(4) When granting a request for a deadline extension, the department shall give consideration to
the number of days between receipt by the department of a written request for a deadline extension
and the mailing to the applicant of the department’s decision regarding that request.
22G.010.280 Oath of accuracy.
The applicant shall attest by written oath to the accuracy and completeness of all information
submitted for an application.
22G.010.290 Limitations on refiling of applications.
Upon denial by the city council of a zone reclassification or a conditional use permit, no new
application for substantially the same proposal shall be accepted within one year from the date of
denial. Article V: Code Compliance and Director Review Procedures
22G.010.300 Code compliance review – Actions subject to review.
The following actions shall be subject to administrative review by the community development
director, or designee, for determining compliance with the provisions of this title and/or any applicable
development conditions which may affect the proposal:
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(1) Building permits;
(2) Grading permits; and (3) Temporary use permits.
22G.010.310 Decisions and appeals.
(1) The community development director shall approve with conditions or deny permits based on
compliance with this title and any other development conditions affecting the proposal.
(2) Community development director decisions may be appealed to the hearing examiner.
(3) Permits approved through code compliance review shall be effective for the time periods and
subject to the terms set out as follows:
(a) Building permits shall comply with Uniform Building Code as adopted by the city of
Marysville;
(b) Grading permits shall comply with Chapter 22D.050 MMC and the International
Building Code as adopted by the city of Marysville; and
(c) Temporary use permits shall comply with Chapter 22C.110 MMC.
22G.010.320 Actions subject to review.
The following action shall be subject to the community development director review
procedures set forth in this chapter: (1) Applications for conditional uses.
22G.010.330 Notice requirements and comment period.
(1) The department shall provide published, posted and mailed notice pursuant to Chapter
22G.010 MMC Article II – Public Notice Requirements for all applications subject to community
development director review.
(2) Written comments and materials regarding applications subject to community development
director review procedures shall be submitted within 15 days of the date of published notice or the
posting date, whichever is later.
22G.010.340 Decision or public hearing required.
Following the comment period provided in MMC 22G.010.330, the community development
director shall:
(1) Review the information in the record and render a decision pursuant to MMC 22G.010.360; or
(2) Forward the application to the hearing examiner for public hearing, if:
(a) Adverse comments are received from at least five persons or agencies during the comment period which are relevant to the decision criteria of Chapter 22G.010 MMC Article VI or state
specific reasons why a hearing should be held, or
(b) The community development director determines that a hearing is necessary to
address issues of vague, conflicting or inadequate information, or issues of public significance.
22G.010.350 Additional requirements prior to hearing.
When a hearing before the hearing examiner is deemed necessary by the community
development director:
(1) Application processing shall not proceed until the supplemental permit review fees set forth in
the MMC are received; and
(2) The application shall be deemed withdrawn if the supplemental fees are not received within 30
days of applicant notification by the department.
22G.010.360 Decision regarding proposal.
Decisions regarding the approval or denial of proposals subject to community development
director review pursuant to MMC 22G.010.320 shall be based upon compliance with the required
showings of Chapter 22G.010 MMC Article VI - Land Use Application – Decision Criteria. 22G.010.370 Time limitations.
Permit approvals which are subject to review per MMC 22G.010.320 shall have a time limit of
two years from issuance or date of the final appeal decision, whichever is applicable, in which any
required conditions of approval must be met; however, conditional use approval for schools shall have
a time limit of five years. The time limit may be extended one additional year by the community
development director or the hearing examiner if the applicant provides written justification prior to the
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expiration of the time limit. For the purpose of this chapter, “issuance or date” shall be the date the
permit is issued or date upon which the hearing examiner’s decision is issued on an appeal of a permit, whichever is later. A permit is effective indefinitely once any required conditions of approval
have been met.
Exception: Effective until December 31, 2011, a one-time, 36-month time extension, less any
previously approved one-year extension, may be granted by the community development director for
any unexpired conditional use permit approved prior to December 31, 2009, if the applicant or
successor:
(1) Files with the community development director a sworn and notarized declaration that final
conditional use permit approval will be delayed as a result of adverse market conditions and an
inability of the applicant to secure financing; and
(2) Is current on all invoices for work performed by the department on the conditional use permit
review.
Article VI: Land Use Application – Decision Criteria
22G.010.380 Purpose.
The purposes of this section are to allow for consistent evaluation of land use applications and
to protect nearby properties from the possible effects of such requests by: (1) Providing clear criteria on which to base a decision; (2) Recognizing the effects of unique circumstances upon the development potential of a property;
(3) Avoiding the granting of special privileges;
(4) Avoiding development which may be unnecessarily detrimental to neighboring properties;
(5) Requiring that the design, scope and intensity of development is in keeping with the physical
aspects of a site and adopted land use policies for the area; and
(6) Providing criteria which emphasize protection of the general character of neighborhoods.
22G.010.390 Temporary use permit.
A temporary use permit shall be granted by the city, only if the applicant demonstrates that:
(1) The proposed temporary use will not be materially detrimental to the public welfare;
(2) The proposed temporary use is compatible with existing land use in the immediate vicinity in
terms of noise and hours of operation;
(3) Adequate public off-street parking and traffic control for the exclusive use of the proposed
temporary use can be provided in a safe manner; and
(4) The proposed temporary use is not otherwise permitted in the zone in which it is proposed.
22G.010.400 Variance.
(1) A variance shall be granted by the city, only if the applicant demonstrates all of the following:
(a) The strict enforcement of the provisions of this title creates an unnecessary hardship
to the property owner;
(b) The variance is necessary because of the unique size, shape, topography, or location
of the subject property;
(c) The subject property is deprived, by provisions of this title, of rights and privileges
enjoyed by other properties in the vicinity and under an identical zone;
(d) The need for the variance is not the result of deliberate actions of the applicant or
property owner;
(e) The variance does not create health and safety hazards;
(f) The variance does not allow establishment of a use that is not otherwise permitted in
the zone in which the proposal is located;
(g) The variance does not allow the creation of lots or densities that exceed the base
residential density for the zone;
(h) The variance is the minimum necessary to grant relief to the applicant; (i) The variance from setback or height requirements does not infringe upon or interfere with easements; and
(2) In granting any variance, the city may prescribe appropriate conditions and safeguards that
will ensure that the purpose and intent of this title shall not be violated. Violation of such conditions
and safeguards when made part of the terms under which the variance is granted is a violation of this
title and punishable under MMC Title 4.
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Title 22G-12
22G.010.410 Conditional use permit.
A conditional use permit shall be granted by the city, only if the applicant demonstrates that: (1) The conditional use is designed in a manner which is compatible with the character and
appearance with the existing, or proposed development in the vicinity of the subject property;
(2) The location, size and height of buildings, structures, walls and fences, and screening
vegetation for the conditional use shall not hinder neighborhood circulation or discourage the
permitted development or use of neighboring properties;
(3) The conditional use is designed in a manner that is compatible with the physical characteristics
of the subject property, and will be in harmony with the area in which it is to be located and in general
conformity with the comprehensive plan of development of Marysville and its environs;
(4) Requested modifications to standards are limited to those which will mitigate impacts in a
manner equal to or greater than the standards of this title;
(5) The conditional use will not endanger the public health or safety if located where proposed and
developed, and the use will not allow conditions which will tend to generate nuisance conditions such
as noise, dust, glare, or vibration;
(6) The conditional use is such that pedestrian and vehicular traffic associated with the use will
not be hazardous or conflict with existing and anticipated traffic in the neighborhood;
(7) The conditional use will be supported by adequate public facilities or services and will not
adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities; (8) The use meets all required conditions and specifications set forth in the zone where it
proposes to locate;
(9) The use will not be injurious or detrimental to adjoining or abutting property, or that the use is
a public necessity;
(10) In addition, the city may impose specific conditions precedent to establishing the use and
conditions may include:
(a) Increasing requirements in the standards, criteria or policies established by this title,
(b) Stipulating the exact location as a means of minimizing hazards to life, limb, property
damage, erosion, landslides or traffic,
(c) Requiring structural features or equipment essential to serve the same purposes as set
forth in subsection (10)(b) of this section,
(d) Imposing conditions similar to those set forth in subsections (10)(b) and (c) of this
section, as deemed necessary to establish parity with uses permitted in the same zone in their
freedom from nuisance-generating features in matters of noise, odors, air pollution, wastes, vibration,
traffic, physical hazards; and (11) A conditional use permit to site a secure community transition facility must comply with the
following additional criteria:
(a) Before issuance of a conditional use permit, the applicant shall have complied with all
applicable requirements for the siting of an essential public facility;
(b) The siting of a secure community transition facility must comply with all provisions of
state law, including requirements for public safety, staffing, security, and training, and those
standards must be maintained during the duration of the use;
(c) A secure community transition facility should be located on property of sufficient size
and frontage to allow the residents an opportunity for secure on-site recreational activities typically
associated with daily needs and residential routines;
(d) If state funds are available, the Department of Social and Health Services should enter
into a mitigation agreement with the city of Marysville for training and the costs of that training with
local law enforcement and administrative staff, and local government staff, including training in
coordination, emergency procedures, program and facility information, legal requirements, and
resident profiles;
(e) The applicant must show that the property meets all above requirements and, further,
if more than one site is being considered, preference must be given to the site furthest removed from risk potential activities or facilities.
22G.010.420 Zone reclassification.
A zone reclassification shall be granted only if the applicant demonstrates that the proposal is
consistent with the comprehensive plan and applicable functional plans and complies with the
following criteria:
(1) There is a demonstrated need for additional zoning as the type proposed;
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(2) The zone reclassification is consistent and compatible with uses and zoning of the surrounding
properties; (3) There have been significant changes in the circumstances of the property to be rezoned or
surrounding properties to warrant a change in classification;
(4) The property is practically and physically suited for the uses allowed in the proposed zone
reclassification.
22G.010.430 Rezone and review procedures.
(1) General Procedures. A rezone requires a two-step approval process:
(a) The preliminary plan and rezone application are considered together through the
normal rezone process; and
(b) A final plan is reviewed administratively after the rezone has been approved. No
development permits shall be issued until a final plan has been approved by the city.
(2) Alternative Procedure – Concurrent Rezone, and Preliminary Subdivision/Binding Site Plan.
Concurrent applications for rezone, and preliminary subdivision/binding site may be made; provided,
that all items required for the entirety of the rezone site are submitted at the time application is
made. The rezone application, and preliminary subdivision/binding site plan shall be processed as a
master permit application.
(3) City-Initiated Rezone – Alternative Procedure. When recommended by the city comprehensive plan, the city may initiate rezoning as part of the comprehensive plan implementation process. When this alternative is exercised, the provisions of MMC 22G.010.430(1) and (2) shall be waived. Prior to
development of the site, the developer shall submit a final development plan and fees as required by
city codes to the community development department for review and approval.
22G.010.440 Home occupation permit.
A home occupation permit shall be granted by the city only if the applicant demonstrates that
the home occupation will be conducted in compliance with the provisions of Chapter 22C.190 MMC.
22G.010.450 Continuing jurisdiction.
The hearing examiner shall retain continuing jurisdiction over all variances and conditional use
permits. Upon a petition being filed by any person with a substantial and direct interest in a variance
or conditional use permit, or by any public official, alleging that a condition has been violated or that
modifications to the variance or conditional use permit are necessary, the hearing examiner may call a
public hearing for the purpose of reviewing that variance or conditional use permit. Notice of the public
hearing shall be as provided in accordance with MMC 22G.010.110. Immediately upon a petition for review being accepted by the hearing examiner, the community development director may, for good
cause shown, issue a stop work order to temporarily stay the force and effect of all or any part of the
variance or conditional use permit in question until such time as the review is finally adjudicated.
Following a hearing the hearing examiner may reaffirm, modify or rescind all or any part of the
variance or conditional use permit being reviewed. Appeal of the hearing examiner decision shall be to
the superior court pursuant to MMC 22G.010.540.
22G.010.460 Cancellation of decisions.
The decision of the city granting a permit or a variance shall be canceled and automatically
become null and void if the owner of the subject property has not obtained a building permit and/or
occupancy permit in compliance with the decision within two years from the date of the decision.
22G.010.470 Transfer of ownership.
A variance or conditional use permit runs with the land. Compliance with the conditions of any
such variance or permit is the responsibility of the current owner of the property, whether that be the
applicant or a successor.
Article VII: Text Amendments to Title 22 MMC
22G.010.480 Purpose.
After reviewing the planning commission’s recommendation concerning a proposed text
amendment to Title 22 MMC, the city council may amend, supplement, or change by ordinance, any of
the provisions herein.
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22G.010.490 Authority and application.
Amendments to the text of this title may be initiated by the city council, the planning commission, city staff, or petition submitted by a citizen.
22G.010.500 Required findings.
Amendments to the text to this title may be made if all the following findings are made:
(1) The amendment is consistent with the purposes of the comprehensive plan;
(2) The amendment is consistent with the purpose of this title;
(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.
22G.010.510 Burden of proof.
The applicant must demonstrate that the proposed amendment meets the conditions of the
required findings above.
Article VIII: Appeals
22G.010.520 Appeal process – General description.
(1) Only a single open record hearing will be held on any development project permit application. Administrative decisions are appealable to the hearing examiner. The hearing examiner will conduct a public hearing in which public testimony and new information may be presented (open record
hearing).
(2) Appeals of hearing examiner’s decisions shall be made to superior court as provided in MMC
22G.010.540.
22G.010.530 Appeal of administrative interpretations and approvals.
(1) Administrative interpretations and administrative approvals may be appealed by applicants or
aggrieved adjacent property owners to the hearing examiner. Appeals shall be filed within 14 days of
the notice of decision.
(2) Filing. Appeals of administrative interpretations and administrative approvals shall be filed in
writing with the director within 14 calendar days following the date of the director’s decision and shall
be accompanied by the appropriate filing fee.
(3) Grounds for Appeal. The grounds for reconsideration of a hearing examiner decision or for
filing an appeal of an administrative decision shall be limited to the following:
(a) The examiner/director exceeded his jurisdiction; (b) The examiner/director failed to follow the applicable procedure in reaching his
decision;
(c) The examiner/director committed an error of law or misinterpreted the applicable city
regulation, ordinance or other state law or regulation;
(d) The examiner’s/director’s findings, conclusions and/or conditions are not supported by
the record; and/or
(e) Newly discovered evidence alleged to be material to the examiner’s decision which
could not reasonably have been produced prior to the examiner’s/director’s decision.
Requests for reconsideration may use the additional grounds:
(f) Changes to the application proposed by the applicant in response to deficiencies
identified in the decision.
(4) Contents of Appeal. The notice of appeal shall contain a concise statement identifying:
(a) A detailed statement of the grounds for appeal, making reference to each finding,
conclusion, or condition which is alleged to contain error;
(b) A detailed statement of the facts upon which the appeal is based;
(c) The name and address of the appellant and his interest(s) in the matter;
(d) The appeals fee. (5) Within 21 calendar days following timely filing of a complete appeal with the city, notice of the date, time, and place for hearing examiner consideration shall be mailed to the appellant, to the
examiner, and to all other parties of record.
(6) All appeal proceedings shall be limited to those issues expressly raised in a timely written
appeal.
(7) The director’s decisions which have been timely appealed shall go to the hearing examiner for
consideration within no sooner than 21 nor longer than 60 days from the date the appeal was filed.
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Said appeal shall be conducted as an open record hearing. Public comment and testimony shall be
heard at such public hearing.
22G.010.540 Judicial appeal.
(1) Appeals from the final decision of the hearing examiner, or other city board or body involving
MMC Title 22 and for which all other appeals specifically authorized have been timely exhausted, shall
be made to Snohomish County superior court pursuant to the Land Use Petition Act, Chapter 36.70C
RCW, within 21 days of the date the decision or action became final, unless another applicable appeal
process or time period is established by state law or local ordinance.
(2) Notice of the appeal and any other pleadings required to be filed with the court shall be served
as required by law within the applicable time period. This requirement is jurisdictional.
(3) The cost of transcribing and preparing all records ordered certified by the court or desired by
the appellant for such appeal shall be borne by the appellant. The record of the proceedings shall be
prepared by the city or such qualified person as it selects. The appellant shall post with the city clerk
prior to the preparation of any records an advance fee deposit in the amount specified by the city
clerk. Any overage will be promptly returned to the appellant.
Marysville Municipal Code Title 22 UDC
Title 22G-16
Chapter 22G.020 PROCEDURES FOR LEGISLATIVE ACTIONS
Sections:
22G.020.010 Purpose. ....................................................................................16
22G.020.020 Scope of chapter. .......................................................................16
22G.020.030 Initial review and evaluation of proposed amendments and revisions.
................................................................................................16
22G.020.040 Planning commission review. .......................................................17
22G.020.050 City council review. .....................................................................17
22G.020.060 Public notice and public hearings. .................................................17
22G.020.070 Effect of city council action. .........................................................18
22G.020.080 Violation not grounds for invalidation. ...........................................18
22G.020.090 Severability. ..............................................................................18
22G.020.100 Repealer. ...................................................................................18
22G.020.010 Purpose.
The purpose of this chapter is to establish procedures for review of proposed amendments and
revisions to the city’s comprehensive plan and implementing development regulations adopted under
the Growth Management Act (GMA) which are legislative in nature. These procedures are also intended to supplement the comprehensive plan docketing process outlined in the comprehensive plan and Resolution No. 1839. The procedures contained in this chapter are not a substitute for city
permitting procedures, nor do the procedures in this chapter relate to applications or other actions
which are quasi-judicial in nature.
22G.020.020 Scope of chapter.
This chapter contains the procedures the city will use to take legislative actions for the
following, and which by way of reference below, shall be considered legislative actions:
(1) Amendments to the GMA comprehensive plan, including but not limited to the following
elements: land use, housing, transportation, parks and recreation, capital facilities, water and sewer
utilities, public facilities and services, economic development, subarea plans and the comprehensive
plan land use map.
(2) Rezoning of land when such rezone is associated with a comprehensive plan designation
amendment.
(3) Area-wide rezones.
(4) Prezoning of property when associated with an annexation. (5) Amendments to the sewer, water, or surface water comprehensive plans, which are adopted
as part of the city’s GMA comprehensive plan.
(6) Amendments to the shoreline management master program when associated with
comprehensive plan amendments.
(7) Amendments or revisions to the zoning code.
(8) Technical corrections to any part of the GMA comprehensive plan or the city’s development
regulations.
(9) Any part of the Marysville Municipal Code adopted to meet the requirements of the GMA.
(10) Amendments to any of the provisions of Chapters 22G.090 and 22G.100 MMC relating to
subdivisions.
(11) Any other matters which by statute, ordinance or common law are legislative in nature (as
opposed to quasi-judicial). Ordinarily, matters which are quasi-judicial in nature will be reviewed
through the land use hearing examiner as established by Chapter 22G.060 MMC.
This chapter is intended to supplement, and not to limit or replace existing city authority and
procedures for adoption of other legislation. Nothing in this chapter shall be construed to limit the
legislative authority of the city to consider and adopt amendments and revisions to the GMA
comprehensive plan and development regulations. Nothing contained in this chapter shall be intended to replace or repeal other provisions of the Marysville Municipal Code unless they are inconsistent herewith.
22G.020.030 Initial review and evaluation of proposed amendments and
revisions.
Marysville Municipal Code Title 22 UDC
Title 22G-17
The community development department shall conduct an initial review and evaluation of
proposed amendments and revisions and assess the extent of review that would be required under the State Environmental Policy Act (SEPA) prior to planning commission and/or city council action. The
initial review and evaluation shall include any review by other city departments or other agencies
deemed necessary by the community development department.
22G.020.040 Planning commission review.
All proposals falling within the scope of the chapter will be introduced to the Marysville
planning commission, which may schedule workshops as needed to consider the proposal. City staff
may prepare a report and recommendations to the planning commission. Prior to making a
recommendation to the city council, the planning commission shall schedule a public hearing pursuant
to the procedures set forth in MMC 22G.020.060. After the public hearing and any further study
sessions as may be needed, the planning commission shall transmit its recommendation to the city
council through the community development department.
22G.020.050 City council review.
Following the review by the planning commission, the city council shall consider at a public
meeting each recommendation transmitted by the planning commission. The city council may hold its
own public hearing pursuant to the procedures set forth in MMC 22G.020.060. Following such public meeting and/or public hearing, the city council may take any one of the following actions: (1) Adopt the recommendation of the planning commission without changes.
(2) Adopt the recommendation of the planning commission with changes.
(3) Remand the recommendation or parts thereof to the planning commission for further review.
In the event the city council remands a matter for further planning commission review, the council
shall specify the time within which the planning commission shall report back to the city council with a
new recommendation. All entities involved shall comply with the timelines unless the city council
approves a request for extension of time.
(4) Any action by the city council shall be adopted pursuant to ordinance or resolution; provided,
however, in the event the city council denies or disapproves any recommendation it may be done by
motion.
22G.020.060 Public notice and public hearings.
(1) Content. When the planning commission or city council has scheduled a public hearing on a
legislative proposal, the community development department shall prepare a notice containing the
following information: (a) The name of the applicant, and, if applicable, the project name;
(b) If the application involves a specific property, the street address of the subject
property, a description in nonlegal terms sufficient to identify its location, and a vicinity map indicating
the subject property;
(c) A brief description of the action or approval requested;
(d) The date, time and place of the public hearing;
(e) If the application or request involves text or language revisions to any of the
documents specified in MMC 22G.020.020, and does not involve a specific property, the notice shall
specify which document or documents are proposed to be amended or revised;
(f) A statement of the right of any person to participate in the public hearing.
(2) Provision of Notice.
(a) The community development department shall provide for notice of the public hearing
to be published in the official newspaper of general circulation in the city at least 10 days prior to the
date of the public hearing.
(b) If the proposal involves specific property, other than an area-wide change, two signs
or placards shall be posted by the applicant on the site or in a location immediately adjacent to the
site that provides visibility to motorists using the adjacent streets. The community development director shall establish standards for size, color, layout, design, wording, placement, and timing or installation and removal of the signs or placards.
(c) If the proposal involves specific property other than an area-wide change, notice of
the public hearing shall be mailed to each owner of real property within 300 feet of any boundary of
the subject property.
(d) If the proposal does not involve specific property, and relates to text or language
revisions to any of the documents specified in MMC 22G.020.020, the community development
Marysville Municipal Code Title 22 UDC
Title 22G-18
department may, but shall not be required, to provide reasonable notice in addition to newspaper
publication through other means such as the city’s local access cable channel, city newsletter, or website.
(e) The community development director shall also mail notice to each person who has
requested such notice.
(3) Public Hearing.
(a) Participation. Any person may participate in the public hearing held by the planning
commission or city council by submitting written comments to the community development director
prior to the hearing or by submitting written comments or by making oral comments to the planning
commission or city council at the hearing. All written comments received by the community
development director shall be transmitted to the planning commission or city council not later than the
date of the public hearing.
(b) Party of Record. Any person who participates in the manner set forth in subsection
(3)(a) of this section shall be considered a party of record.
(4) Hearing Record. The planning commission and city council shall compile written minutes of
each hearing.
22G.020.070 Effect of city council action.
The final action of the city council on all legislative matters described in MMC 22G.020.020, which are subject to Growth Management Hearings Board Review, pursuant to RCW 36.70A.280, may be appealed by a party of record by filing the petition with the Growth Management Hearings Board
pursuant to the requirements set forth in RCW 36.70A.290. Appeal of any matters not subject to
Growth Management Hearings Board review may be appealed by a party of record as provided in MMC
22G.010.540.
22G.020.080 Violation not grounds for invalidation.
Violation of this chapter shall not constitute grounds for invalidation of any GMA
comprehensive plan amendment, implementing development regulation, or other legislation or any of
the actions listed under MMC 22G.020.020.
22G.020.090 Severability.
If any section, subsection, sentence, clause, phrase or word of this chapter 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 chapter.
22G.020.100 Repealer.
This chapter shall replace and supersede all other ordinances previously adopted which are
inconsistent with the provisions of this chapter.
Marysville Municipal Code Title 22 UDC
Title 22G-19
Chapter 22G.030 LAND USE AND DEVELOPMENT FEES
Sections:
22G.030.010 Purpose. ....................................................................................19
22G.030.020 General fee structure. .................................................................19
22G.030.010 Purpose.
The purpose of this chapter is to establish a comprehensive schedule of fees for various
applications and permits authorized pursuant to Title 22 MMC.
It is also the purpose of this chapter to consolidate the various fees for applications into one
single chapter and to provide for a schedule of fees which make it possible to locate and identify
within one section of the city’s code the applicable fees for certain applications and permits.
22G.030.020 General fee structure.
The community development department is authorized to charge and collect the following
fees:
Type of Activity Fee
Land Use Review Fees
Administrative Approval (bed and breakfast, accessory dwelling unit, or similar request) $250.00
Annexation
Under 10 acres $250.00
Over 10 acres $750.00
Appeals (quasi-judicial)
For activity that requires a hearing for the primary project
action
$250.00
For activity that would not have required a hearing for the
primary action
$500.00
Appeals (administrative) $250.00
Boundary Line Adjustment (up to two lots) $500.00
Comprehensive Plan Amendment
Map amendment with rezone (under 5 acres) $2,500
Map amendment with rezone (over 5 acres) $5,000
Text amendment $500.00
Conditional Use Permit (administrative)
Residential $1,000 + $100.00 for each unit
Group residence or communication facility $2,500
Commercial (including RV park, churches) $3,500
Conditional Use Permit (public hearing) Administrative fee + $1,500
Critical Areas Review
Under 0.50 acre $250.00
0.51 – 2 acres $500.00 (+ peer review costs if applicable)
2.01 – 10 acres $1,500 (+ peer review costs if applicable)
10.01 – 20 acres $2,500 (+ peer review costs if applicable)
20.01 – 50 acres $3,500 (+ peer review costs if applicable)
50.01+ acres $5,000 (+ peer review costs if applicable)
EIS Preparation and Review All direct, indirect costs and materials ($135.00/
hour for staff time)
Home Occupation (administrative approval) $50.00
Marysville Municipal Code Title 22 UDC
Title 22G-20
Lot Status Determination
Readily verifiable with documents submitted by applicant $50.00
Requires research and detailed document evaluation and
confirmation
$200.00
Minor Modifications (to subdivision, site plan) $350.00
Miscellaneous Reviews Not Otherwise Listed $120.00/hour
Preapplication Review Fee $350.00 (fee will be credited upon application submittal if filed within 90 days of the
preapplication meeting)
Rezone
Commercial (plus site plan charges if combined with project level
review)
$2,500
PRD and mixed use overlay (plus site plan or subdivision charges) $2,500
SEPA Checklist
Residential (1 – 9 lots or dwelling units) $350.00
Residential (10 – 20 lots or dwelling units) $500.00
Residential (21 – 100 lots) $1,000
Residential (greater than 100 lots or units) $1,500
Commercial/Industrial (0 to 2 acres) $350.00
Commercial/Industrial (2 to 20 acres) $750.00
Commercial/Industrial (greater than 20 acres) $1,500
Shoreline Permit (administrative review) $1,000
Shoreline Permit, Shoreline Conditional Use Permit, or Shoreline
Variance Permit with public hearing
$5,000
Site Plan Review (commercial, multifamily, PRD, master plan)
Under 0.50 acre $500.00 + $50.00/lot or unit
0.51 – 2 acres $750.00 + $50.00/lot or unit
2.01 – 10 acres $2,000 + $50.00/lot or unit
10.01 – 20 acres $5,000 + $45.00/lot or unit
20.01+ acres $7,500 + $40.00/lot or unit
Site/Subdivision Plan Review (with utility availability for county
projects)
Under 0.50 acre $500.00
0.51 – 2 acres $750.00
2.01 – 10 acres $2,000
10.01+ acres $5,000
Subdivisions
Preliminary binding site plan (commercial, industrial) $5,000 + $100.00/lot or unit
Preliminary plat $5,000 + $100.00/lot or unit
Preliminary short plat $3,000 + $100.00/lot or unit
Final binding site plan, plat or short plat $1,000 + $100.00/lot or unit
Subdivision Requests (time extension, amendment) $200.00
Temporary Use Permit $50.00
Variance (quasi-judicial decision – zoning, utility) $500.00
Zoning Code Text Amendment $500.00
Fast-Track Overtime (when authorized by both the department and
applicant, for project reviews prioritized on overtime basis)
$165.00/hour for overtime worked, in addition
to regular project review fees
Marysville Municipal Code Title 22 UDC
Title 22G-21
Engineering Review and Construction Inspection Fees
Engineering Construction Plan Review
Residential (full plan sets – roads, drainage, utilities) $225.00/lot or unit (for duplex or
condominium projects), $2,000 minimum for
first two reviews; $120.00/hour for each subsequent review
Residential (partial construction review – i.e., utilities, grading) $100.00/lot or unit (for duplex or
condominium projects), $1,000 minimum for first two reviews
Multiple Residential/Commercial/Industrial $250.00 administrative base fee + $135.00/hour
Engineering, Design and Development Standards Modifications/Variances (administrative) $250.00
Miscellaneous Reviews Not Otherwise Listed, and hourly rate from January 1, 2005 for projects initiated prior to 2005 (prior rates
charged for hours worked prior to 2005)
$120.00/hour
Fast-Track Overtime (when authorized by both the department and
applicant, for project reviews prioritized on overtime basis)
$165.00/hour for overtime worked, in addition
to regular project review fees
Construction Inspection Fees
Security for performance/security for maintenance fee $20.00/lot or unit, with a minimum amount
being $250.00
Inspection for water, sewer, storm, street improvements associated
with approved residential construction plans
$250.00/lot or unit (for duplex or
condominium projects), $2,000 minimum
Inspection for utilities only (residential) $100.00/lot or unit (for duplex or
condominium projects), $1,000 minimum
Multiple residential/commercial/ industrial $250.00 administrative base fee +
$135.00/hour
Right-of-Way Permit $250.00
Miscellaneous Reviews and Inspections Not Otherwise Listed, and
hourly rate from January 2005 for projects initiated prior to 2005
(prior rates charged for hours worked prior to 2005)
$120.00/hour
Fast-Track Overtime (when authorized by both the department and
applicant, for project reviews and inspections prioritized on overtime basis)
$165.00/hour for overtime worked, in addition
to regular project inspection fees
Impact Fee Administration Charge
School impact fee administrative charge $50.00/single-family or duplex, or
$100.00/apartment building
Marysville Municipal Code Title 22 UDC
Title 22G-22
Chapter 22G.040 SECURITY FOR PERFORMANCE AND MAINTENANCE
Sections:
22G.040.010 Purpose. ....................................................................................22
22G.040.020 Security for performance – Form. .................................................22
22G.040.030 Security for maintenance – Form. .................................................22
22G.040.040 Amount of obligation. ..................................................................23
22G.040.050 Adjustment to amount of obligation for type of security – Changed
circumstances. ...........................................................................24
22G.040.060 Enforcement against security. ......................................................24
22G.040.070 Release of security. ....................................................................24
22G.040.080 Right to refuse security. ..............................................................24
22G.040.010 Purpose.
The purpose of this chapter is to establish consistent standards for the acceptance of security
to insure the completion of improvements associated with development and to insure warranty for the
improvements completed. This chapter should be liberally construed. It is the intent of the city to
exercise the maximum authority allowed under state law to protect the citizens of the city and to hold
development accountable for the timely completion and maintenance of improvements. 22G.040.020 Security for performance – Form.
Whether in the form of a bond, irrevocable letter of credit, or assignment of cash deposit, the
undertaking for performance shall contain the following provisions:
(1) A stated amount calculated in accordance with the requirements of this chapter;
(2) A detailed description of the improvements to be completed and the deadline by which
completion must occur;
(3) A provision reading as follows:
The security for performance is obligated, bound and guarantees completion of the work by the
deadline. If the work is not fully completed by the deadline to City standards, then the party bound
shall within thirty days of demand from the City make a written commitment to the City that it will
either:
(a) Remedy the default itself with reasonable diligence pursuant to a time schedule
acceptable to the City; or
(b) Tender to the City within an additional fifteen (15) days the amount necessary, as
determined in good faith by the City, for the City to remedy the default, up to the total amount of the security. Said estimate shall include reasonable City administrative overhead costs, legal costs and
attorneys fees.
Upon completion of the duties of the surety or party bound under either of the options above,
the party bound shall then have fulfilled its obligations under the security for performance. If the party
bound elects to fulfill its obligation pursuant to the requirements of subsection (3)(b) of this section,
the city shall notify the party bound of the actual costs of the remedy, upon completion of the work.
The city shall return, without interest, any overpayment made by the party bound, and the party
bound shall pay to the city any actual costs exceeding the city’s estimate, limited to the amount of the
security for performance.
The security for performance shall extend to all of the city’s administrative overhead costs and
to all legal costs and reasonable attorneys’ fees incurred in seeking performance by the principal and
any other obligated or bound party to the maximum value or penal sum of the security.
Any security for performance received by the city after the effective date of the ordinance codified in
this chapter shall be construed to contain the terms of subsections (1), (2) and (3) of this section,
whether the said provisions are expressly set out or not.
22G.040.030 Security for maintenance – Form. Whether in the form of a bond, irrevocable letter of credit, or assignment of cash deposit, the undertaking for maintenance shall contain the following provisions:
(1) A stated amount calculated in accordance with the requirements of this chapter;
(2) A detailed description of the warranty, maintenance to be performed, and any monitoring and
reporting requirements, and the duration of each;
(3) A provision reading as follows:
Marysville Municipal Code Title 22 UDC
Title 22G-23
The security for maintenance is obligated and bound to warrant, monitor, report, and
maintain the improvements for the stated duration. If City shall grant acceptance of some improvements but not all improvements at the same time, the security for
maintenance shall become effective as to each improvement as and when that
improvement is accepted and shall remain in effect for the stated duration for each
improvement from the date of its acceptance. If required monitoring, reporting,
maintaining and repair and replacement in accordance with warranty does not occur in
accordance with City standards, then the surety or party bound shall within thirty (30)
days of demand from the City, make a written commitment to the City that it will
either:
(a) Remedy the default itself with reasonable diligence pursuant to a time schedule
acceptable to the City; or
(b) Tender to the City within an additional fifteen (15) days the amount necessary, as
determined in good faith by the City, for the City to remedy the default, up to the total amount of the
security. Said estimate shall include reasonable City administrative overhead costs, legal costs and
attorneys fees.
Upon completion of the duties of the surety or party bound under either of the options above,
the party bound shall then have fulfilled its obligations under the security for maintenance. If the party
bound elects to fulfill its obligation pursuant to the requirements of subsection (3)(b) of this section, the city shall notify the party bound of the actual costs of the remedy, upon completion of the work. the city shall return, without interest, any overpayment made by the party bound, and the party
bound shall pay to the city any actual costs exceeding the city’s estimate, limited to the amount of the
security for maintenance.
The security for maintenance shall extend to all of the city’s administrative overhead costs and
to all legal costs and reasonable attorneys’ fees incurred in seeking performance by the principal and
any other obligated or bound party to the maximum value or penal sum of the security.
Any security for maintenance received by the city after the effective date of the ordinance codified in
this chapter shall be construed to contain the terms of subsections (1), (2) and (3) of this section,
whether the said provisions are expressly set out or not.
22G.040.040 Amount of obligation.
The amount of the security, either for performance or maintenance, subject to adjustment
under MMC 22G.040.050, shall be calculated as follows:
(1) Security for Performance. The principal amount of the security, whether in the form of a bond,
irrevocable letter of credit, or assignment of cash deposit, shall be calculated as follows:
Amount equals current fair market cost for performance adjusted for inflation for term
of obligation, multiplied by 1.5 to reflect city’s cost if it must perform under
competitive bidding and prevailing wage, plus 30 percent of the current fair market
cost for performance as city’s administrative overhead costs and anticipated legal
costs and reasonable attorneys’ fees, provided the total amount for administrative
costs and anticipated legal costs and reasonable attorneys’ fees shall not exceed
$100,000.
(2) Security for Maintenance. The principal amount of the security, whether in the form of a bond,
irrevocable letter of credit, or assignment of cash deposit, shall be calculated as follows:
Amount equals 10 percent of the fair market value of the improvement, with a
minimum amount being $5,000, plus 30 percent of the amount calculated for security
for maintenance as city’s administrative overhead costs and anticipated legal costs and
reasonable attorneys’ fees, provided the total amount for administrative costs and
anticipated legal costs and reasonable attorneys’ fees shall not exceed $100,000.
(3) Anticipated Legal Costs and Reasonable Attorneys’ Fees. Anticipated legal costs and
reasonable attorneys’ fees are those city costs incurred for securing compliance or collecting funds and
any other legal costs incurred through the completion of the work. (4) Administrative Overhead Costs. Administrative overhead costs are those internal costs incurred for staff time in observing the condition of improvements or maintenance, and taking action
to secure compliance, together with costs incurred to consultants to observe, monitor and report
concerning work or maintenance.
Marysville Municipal Code Title 22 UDC
Title 22G-24
22G.040.050 Adjustment to amount of obligation for type of security – Changed circumstances.
Notwithstanding the calculation of the amount of the security under MMC 22G.040.040, the
city shall have the authority to modify the amount of obligation to reflect the city’s experience and
history in obtaining performance or required maintenance with the type of security offered, bond,
irrevocable letter of credit, or assignment of cash deposit. If the city’s experience and history would
require an increase in the amount of the obligation by more than an additional 25 percent, the city
shall refuse the security offered. Should the security once received not provide adequate assurance of
performance due to changed circumstances, including increased cost of performance, the city through
the community development director may require that the amount of security for performance or
maintenance be increased to reflect then fair market costs of performance.
22G.040.060 Enforcement against security.
All legal actions to enforce either security for performance or maintenance may be brought in
the Superior Court of Washington with venue in Snohomish County. The city shall be entitled to an
award of legal costs and reasonable attorneys’ fees in any such proceedings against the principal and
against the surety to the maximum penal sum of the security held.
22G.040.070 Release of security. Upon full and timely performance of the work, and/or full and timely performance of
maintenance, monitoring, reporting, repair or replacement, the city shall release its security for
performance and/or security for maintenance, as the case may be.
22G.040.080 Right to refuse security.
The city reserves the right to refuse security for performance and to require that performance
of work as a condition of approval be completed prior to final acceptance.
Marysville Municipal Code Title 22 UDC
Title 22G-25
Chapter 22G.050 PLANNING COMMISSION
Sections:
22G.050.010 Planning commission created. ......................................................25
22G.050.020 Appointment of members – Term of office. ....................................25
22G.050.030 Expenses. ..................................................................................25
22G.050.040 Meetings – Officers – Rules. .........................................................25
22G.050.050 Quorum – Voting. .......................................................................25
22G.050.060 Conflicts of interest. ....................................................................25
22G.050.070 General powers and duties...........................................................26
22G.050.010 Planning commission created.
Pursuant to RCW 35A.63.020, there is hereby created a city planning commission, which shall
serve in an advisory capacity to the mayor and city council, and shall have such other powers and
duties as may be provided herein or delegated to it by the mayor and city council.
22G.050.020 Appointment of members – Term of office.
The planning commission shall consist of seven members who shall be appointed by the mayor
subject to confirmation by the city council. Members shall be appointed without regard to their political affiliation, and shall serve without compensation except as hereinafter provided. At least a majority of all commission members, at any time, shall be residents of the city. All members of the planning
commission shall reside within the city’s urban growth area. The term of office of each member shall
be six years; said terms shall be staggered so that no more than two positions become vacant in any
year. A commissioner may be removed from office by the mayor for inefficiency, negligence of duty or
misconduct in office.
22G.050.030 Expenses.
The planning commission, as a body, or individual members thereof, may be reimbursed for
actual and reasonable expenses in the performance of their duties in behalf of the commission. Such
expenses may include, but are not limited to, such items as: travel and subsistence, registration fees
and other costs incidental to meetings and conferences, professional and consulting services,
educational fees, dues and assessments of professional planning organizations, subscriptions to
periodicals and purchases of informational and educational texts, and similar expenditures that may
be deemed necessary to increase the efficiency and professional ability of the members of the
commission. Planning commission expenses shall be subject to authorization and approval by the city council.
22G.050.040 Meetings – Officers – Rules.
The planning commission shall annually elect a chairman from among its members. The
commission shall hold at least one regular meeting in each month for not less than nine months each
year. Regular meetings shall be open to the public, and shall be scheduled for a regular time and
place. Notice of time, place and purpose of any special meeting shall be given as provided by law. The
commission may adopt rules for transaction of business, and shall keep a written record of its public
meetings, transactions, findings and determinations, which record shall be a public record.
22G.050.050 Quorum – Voting.
A majority of the duly appointed and acting members of the planning commission shall
constitute a quorum for the transaction of business. With a quorum being present, the commission
may take action on any business upon an affirmative vote of a majority of those commissioners
present. The chairman shall be entitled to a vote on all business.
22G.050.060 Conflicts of interest. Any member of the planning commission with a conflict of interest, or an appearance of fairness problem, as defined by Chapter 42.36 RCW, with respect to any matter pending before the
commission, shall disqualify himself from participating in the deliberations and the decision-making
process with respect to the matter. If this occurs, the mayor, subject to confirmation by the city
council, may appoint another person to serve as a commissioner pro tem in regard to that matter.
Marysville Municipal Code Title 22 UDC
Title 22G-26
22G.050.070 General powers and duties.
The planning commission shall have the following powers and shall perform the following duties:
(1) Prepare a comprehensive plan for anticipating and influencing the orderly and coordinated
development of land and building uses of the city and its environs; hold public hearings on said plan,
and any amendments thereto, and make recommendations to the city council;
(2) Divide the city into appropriate zones within which specific standards, requirements and
conditions may be provided for regulating the use of public and private land, buildings and structures,
and the location, height, bulk, number of stories and size of buildings and structures, size of yards,
courts, open spaces, densities of population, ratio of land area to the area of buildings and structures,
setbacks, area required for off-street parking, protection of access to direct sunlight for solar energy
systems, and such other standards, requirements, regulations and procedures as are appropriately
related thereto; hold public hearings on the adoption of zoning ordinances and maps, and
amendments thereto, and make recommendations to the city council;
(3) Prepare a shoreline management master program for the shorelines of the city, and a
shoreline environment designation map, as required by state law and city ordinance; hold public
hearings on the same, and any amendments thereto, and make recommendations to the city council;
(4) Review all proposed amendments to the city zoning code, subdivision code and shoreline
management code; hold public hearings thereon, and make recommendations to the city council; (5) Conduct, on its own initiative or upon request by the mayor or city council, investigations into matters relating to the physical, economic and environmental development of the city, and public
works and civic improvements, and submit reports and recommendations to the mayor and city
council with respect to the same;
(6) Perform such other duties or responsibilities as may be specifically delegated by the mayor or
city council.
Marysville Municipal Code Title 22 UDC
Title 22G-27
Chapter 22G.060 HEARING EXAMINER
Sections:
22G.060.010 Purpose. ....................................................................................27
22G.060.020 Creation of office. .......................................................................27
22G.060.030 Appointment. .............................................................................27
22G.060.040 Qualifications. ............................................................................27
22G.060.050 Removal. ...................................................................................27
22G.060.060 Conflict of interest and appearance of fairness. ..............................27
22G.060.070 Freedom from improper influence. ................................................28
22G.060.080 Rules. .......................................................................................28
22G.060.090 Duties. ......................................................................................28
22G.060.100 Public hearings. ..........................................................................28
22G.060.110 Examiner’s decision. ...................................................................28
22G.060.120 Notice of examiner’s decision. ......................................................28
22G.060.130 Decision final action by city. .........................................................29
22G.060.140 Conflicting code provisions and rules of procedure. .........................29
22G.060.010 Purpose. The purpose of this chapter is to establish a quasi-judicial hearing system which will ensure procedural due process and appearance of fairness in regulatory hearings and will provide an efficient
and effective hearing process for quasi-judicial matters.
22G.060.020 Creation of office.
The office of hearing examiner, hereinafter referred to as “examiner,” is created. The
examiner shall perform the duties and functions specified in this chapter, together with such other
quasi-judicial duties and functions as may be delegated by the mayor and city council. Unless the
context requires otherwise, the term “examiner” as used herein shall include any examiner pro tem
who may be appointed.
22G.060.030 Appointment.
The examiner shall be appointed by the mayor subject to confirmation by a majority vote of
the city council. The terms of the examiner’s employment shall be specified by a professional service
contract. An examiner pro tem may also be appointed by the mayor subject to confirmation by
majority vote of the city council. An examiner pro tem shall serve in the event of absence or disqualification of the examiner.
22G.060.040 Qualifications.
The examiner shall be appointed solely with regard to his or her qualification for the duties of
the office, and will have such training and experience as will qualify the examiner to conduct
administrative and quasi-judicial hearings on regulatory enactments and to discharge such other
functions conferred upon the examiner by the mayor and city council. The examiner shall hold no
other elective or appointive office or position in city government.
22G.060.050 Removal.
The examiner may be removed from office for cause by the mayor, subject to confirmation by
majority vote of the city council.
22G.060.060 Conflict of interest and appearance of fairness.
The examiner shall not conduct or participate in any hearing or decision in which the examiner
has a direct or indirect personal interest which might influence the examiner or interfere with the
examiner’s decision-making process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict. The hearing shall then be conducted by an examiner pro tem.
The appearance of fairness doctrine, as specified in Chapter 42.36 RCW, shall apply to all
proceedings conducted by the examiner, and may result in the examiner’s disqualification when
necessary.
Marysville Municipal Code Title 22 UDC
Title 22G-28
22G.060.070 Freedom from improper influence.
No council member, city official or any other person shall attempt to interfere with or improperly influence the examiner in the performance of his or her designated duties.
22G.060.080 Rules.
The examiner shall have the power to prescribe rules and regulations for the scheduling and
conduct of hearings and other procedural matters related to the duties of the office. The rules shall
provide that all public hearings be held after 6:00 p.m., except under special circumstances authorized
by the mayor.
22G.060.090 Duties.
The examiner is vested with the duty and authority to hold public hearings and render
decisions on the following matters:
(1) Preliminary plats;
(2) Appeals from administrative decisions on short plats;
(3) Rezones; except area-wide rezones initiated by the city itself shall be heard by the planning
commission;
(4) Binding site plan approvals when subject to public review;
(5) Conditional use permits when subject to public review; (6) Zoning code variances; (7) Administrative appeals from decisions and interpretations by city staff relating to land use
codes, SEPA and permits;
(8) Conditional shoreline development permits, variances and appeals from administrative
determinations arising under Chapter 22E.050 MMC;
(9) Complaints by citizens or city staff seeking administrative enforcement of provisions of city
land use codes or conditions in development permits and approvals, or seeking rescission or
modification of such permits or approvals;
(10) Variances and administrative appeals arising from the city’s sign code;
(11) Variances and administrative appeals arising from the city’s floodplain management code;
(12) Variances and administrative appeals arising under the city’s street department code;
(13) Appeals of suspension or removal of tow truck operators from the city’s list under MMC
11.37.060;
(14) Such other regulatory, enforcement or quasi-judicial matters as may be assigned to the
examiner by the mayor and city council.
22G.060.100 Public hearings.
Where public hearings are required by state statute or city code, the examiner shall hold at
least one such hearing prior to rendering a decision on any matter. All testimony at any such hearing
shall be taken under oath. Public notice of the time and place of the hearing shall be given as required
by city code.
22G.060.110 Examiner’s decision.
Within 15 calendar days after the conclusion of a hearing, unless a longer period is agreed to
by the applicant in writing or verbally on the record at the public hearing, the examiner shall render a
written decision which shall include at least the following:
(1) Findings of fact based upon the record and conclusions therefrom which support the decision;
(2) The decision shall state whether the application is either granted, granted in part, granted with
conditions, modifications or restrictions, returned to the applicant for modification, denied with
prejudice or denied without prejudice;
(3) If a time limit exists for filing an administrative or judicial appeal of the decision, said time
limit shall be disclosed.
22G.060.120 Notice of examiner’s decision. Not later than five calendar days following the rendering of a written decision, copies thereof
shall be mailed to the applicant and other parties of record in the case. “Parties of record” shall include
the applicant and all other persons who specifically request notice of the decision. The examiner may
establish rules for registering parties of record.
Marysville Municipal Code Title 22 UDC
Title 22G-29
22G.060.130 Decision final action by city.
Unless specifically provided otherwise by ordinance, all decisions of the hearing examiner shall be final action by the city. Hearing examiner decisions shall be appealable pursuant to Chapter
22G.010 MMC Article VIII - Appeals.
22G.060.140 Conflicting code provisions and rules of procedure.
Any and all provisions of this code, and any and all provisions of the rules of procedure
adopted by the examiner, which are in conflict with this chapter are superseded.
Marysville Municipal Code Title 22 UDC
Title 22G-30
Chapter 22G.070 SITING PROCESS FOR ESSENTIAL PUBLIC FACILITIES
Sections:
22G.070.010 Purpose and applicability. ............................................................30
22G.070.020 Conditional use permit required. ...................................................30
22G.070.030 Siting process initiation. ..............................................................30
22G.070.040 Optional site consultation process. ................................................31
22G.070.050 EPF conditional use permit procedure. ...........................................31
22G.070.060 Independent consultant review. ....................................................31
22G.070.070 Decision criteria. ........................................................................31
22G.070.080 Permit approval. .........................................................................32
22G.070.090 Reconsideration and optional advisory review process. ....................32
22G.070.100 Building permit application...........................................................32
22G.070.110 Building permit application...........................................................32
22G.070.010 Purpose and applicability.
(1) This chapter establishes a siting process for essential public facilities (EPFs) that are difficult to
site.
(a) An EPF is any facility owned or operated by a unit of local or state government, a public utility or transportation company, or any other entity that provides a public service as its primary mission. Examples of EPFs include those facilities that are difficult to site, such as airports,
state education facilities and state or regional transportation facilities as defined in RCW 47.06.140,
state and local correctional facilities, solid waste handling facilities, opiate substitution treatment
program facilities and secure community transition facilities as defined in RCW 71.09.020 (RCW
36.70A.200). Essential public facilities such as in-patient facilities including substance abuse facilities,
mental health facilities, group homes, etc., which are defined in accordance with the provisions of and
judicial interpretations of the Federal Fair Housing Act amendments, 43 USC Section 3604(f)(9), and
the Washington Housing Policy Act, RCW 43.185B.005(2), as the same exists or is hereafter amended,
are exempt from this chapter.
(b) An EPF may be difficult to site if it requires a unique type of site, is perceived by the
public as having significant adverse impacts, or is of a type that has been difficult to site in the past.
Health and social service facilities that house persons who constitute a threat to the community as
defined in Chapter 22A.020 MMC are automatically determined to be difficult to site.
(2) This siting process is intended to ensure that EPFs, as needed to support orderly growth and
delivery of public services, are sited in a timely and efficient manner. It is also intended to provide the city with additionally regulatory authority to require mitigation of impacts that may occur as a
result of EPF siting. Finally, it is intended to promote enhanced public participation that will produce
siting decisions consistent with community goals.
22G.070.020 Conditional use permit required.
(1) Any EPF that is determined to be difficult to site shall be a conditional use in all zones in which
it is listed as a permitted or conditional use in the use matrices in Chapter(s) 22C.010 and 22C.200
MMC. In the event of a conflict with Chapter(s) 22C.010 and 22C.200 MMC, the provision of this
section shall govern.
(2) An EPF that is difficult to site must satisfy the requirements of MMC 22G.010.410 and the
requirements of this chapter.
22G.070.030 Siting process initiation.
The siting process required by this chapter may be initiated by the project sponsor or by the
department.
(1) Sponsor Initiation.
(a) Before applying to site an EPF, a project sponsor may request review under this siting process by submitting a letter to the department that describes the project proposal and why it may be difficult to site.
(b) The department shall transmit the sponsor’s letter to the hearing examiner and to
Snohomish County Tomorrow (SCT), who may prepare an advisory recommendation on the issue of
whether the EPF is difficult to site.
Marysville Municipal Code Title 22 UDC
Title 22G-31
(c) Within 90 days of receiving the sponsor’s letter, the hearing examiner shall hold a
hearing to determine whether the facility is difficult to site, using the criteria contained in MMC 22G.070.010(1)(b). If the examiner determines that the proposed EPF is difficult to site, the project
shall be reviewed under the conditional use permit process established in this chapter.
(2) Department Initiation.
(a) If the department receives a permit application involving an EPF that it believes
difficult to site, it shall inform the applicant that it cannot accept the application for processing and
prepare a memorandum requesting a hearing examiner determination on whether the EPF will be
difficult to site.
(b) The department shall transmit this memorandum to the SCT and the hearing
examiner, who shall hold a public hearing under subsection (1)(c) of this section.
(c) If the project sponsor and the department agree that the proposed project will be
difficult to site, a hearing under subsection (1)(c) of this section will not be required, and the proposal
may proceed directly to the conditional use permit procedure described in MMC 22G.070.050.
22G.070.040 Optional site consultation process.
Prior to submitting a conditional use permit application, an EPF sponsor may initiate optional
site consultation with the SCT planning advisory committee and/or SCT infrastructure coordinating
committee. The consultation process, while not required, is encouraged as a means for project sponsors to present facility proposals, seek information about potential sites, and propose possible siting incentives and mitigation measures for affected jurisdictions.
22G.070.050 EPF conditional use permit procedure.
(1) The approval process for an EPF conditional use permit shall require a public hearing in front
of the hearing examiner.
(2) The conditional use permit application shall include a public participation plan designed to
encourage early public involvement in the siting decision and in determining possible mitigation
measures.
(3) In addition to the conditional use permit application fee, an additional fee of $1,000 shall be
required for the additional costs associated with review of the application under the criteria established
in MMC 22G.070.070.
22G.070.060 Independent consultant review.
(1) The department may require independent consultant review of the proposal to assess its
compliance with the criteria contained in MMC 22G.070.070. For health and social service facilities that house persons who constitute a threat to the community, as defined in Chapter 22A.020 MMC,
independent consultant analysis shall be required to assess whether the proposed facility is located,
constructed and operated in a manner that substantially reduces or compensates for adverse impacts
on public health and safety.
(2) If independent consultant review is required, the sponsor shall make a deposit with the
department sufficient to defray the cost of such review. Unexpended funds will be returned to the
applicant following the final decision on the application.
22G.070.070 Decision criteria.
An application for conditional use permit approval for any essential public facility determined
to be difficult to site must comply with conditional use permit requirements of MMC 22G.010.410, any
applicable requirements for the proposed use, and the following additional site decision criteria:
(1) The project sponsor has demonstrated a need for the project, as supported by an analysis of
the projected service population, an inventory of existing and planned comparable facilities, and the
projected demand for the type of facility proposed.
(2) The sponsor has reasonably investigated alternative sites, as evidenced by a detailed
explanation of site selection methodology. (3) The project is consistent with the sponsor’s own long-range plans for facilities and operations. (4) The sponsor’s public participation plan has provided an opportunity for public participation in
the siting decision and mitigation measures that is appropriate in light of the project’s scope.
(5) The project will not result in a disproportionate burden on a particular geographic area.
(6) The project is consistent with the city’s comprehensive plan.
Marysville Municipal Code Title 22 UDC
Title 22G-32
(7) The project site meets the facility’s minimum physical site requirements, including projected
expansion needs. Site requirements may be determined by the minimum size of the facility, access, support facilities, topography, geology, and onsite mitigation needs.
(8) The project site, as developed with the proposed facility and under the proposed mitigation
plan, is compatible with surrounding land uses.
(9) The sponsor has proposed mitigation measures that substantially reduce or compensate for
adverse impacts on the environment.
(10) In the case of health and social service facilities that house persons who constitute a threat to
the community as defined in Chapter 22A.020 MMC, the sponsor has proposed mitigation measures
that substantially reduce or compensate for adverse impacts on public health that safety.
22G.070.080 Permit approval.
If the project sponsor demonstrates compliance with the review criteria listed in MMC 22G.070.070
and satisfies the requirements for a conditional use permit in MMC 22G.070.050 and other applicable
requirements, the conditional use permit application shall be approved.
22G.070.090 Reconsideration and optional advisory review process.
(1) Reconsideration of the examiner’s ruling may be requested as provided in MMC 22G.010.190,
except that a project sponsor may also request review by an advisory board appointed by SCT. Such a request shall stay the reconsideration period until SCT review is complete. (2) The advisory board shall complete its review within 60 days of receipt of the request. The SCT
advisory board shall not have the authority to overturn a decision, but if the board finds the decision
does not accurately reflect the evidence provided by the project sponsor, it may remand the decision
to the hearing examiner.
(3) Upon receipt of the advisory board’s recommendation, the examiner shall have an opportunity
to reconsider the decision in accordance with MMC 22G.010.190.
(4) If the project sponsor demonstrates compliance with the review criteria listed in MMC
22G.070.070 and satisfies the requirements for a conditional use permit in MMC 22G.010.410, and
other applicable requirements, the conditional use permit application shall be approved.
22G.070.100 Building permit application.
(1) Any building permit for an EPF approved under this chapter shall comply with all conditions of
approval in the conditional use permit. In the event a building permit for an EPF is denied, the
department shall submit in writing the reasons for denial to the project sponsor.
(2) No construction permits may be applied for prior to conditional use approval of the EPF unless the applicant signs a written release acknowledging that such approval is neither guaranteed nor
implied by the department’s acceptance of the construction permit applications. The applicant shall
expressly accept all financial risk associated with preparing and submitting construction plans before
the final decision is made under this chapter.
Marysville Municipal Code Title 22 UDC
Title 22G-33
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Marysville Municipal Code Title 22 UDC
Title 22G-34
Chapter 22G.080 PLANNED RESIDENTIAL DEVELOPMENTS
Sections:
22G.080.010 Purpose. ....................................................................................34
22G.080.020 Applicability. ..............................................................................34
22G.080.030 Planned residential development – Site qualifications. .....................34
22G.080.040 Permitted/conditional uses – Ratio of housing types. .......................34
22G.080.050 Procedures for review and approval. .............................................34
22G.080.060 Required elements of PRD site plans. ............................................36
22G.080.070 Development standards. ..............................................................37
22G.080.080 Modification of development regulations. .......................................37
22G.080.090 Bonuses. ...................................................................................38
22G.080.100 Open spaces. .............................................................................38
22G.080.110 Preservation of existing features. ..................................................39
22G.080.120 Perpetual maintenance of open space and common facilities. ...........39
22G.080.010 Purpose.
The purpose of this chapter is to permit design flexibility and provide performance criteria
which can result in planned residential developments which produce: (1) A choice in the types of environment and living units available to the public; (2) Open space and recreation areas;
(3) A pattern of development which preserves trees, outstanding natural topography and geologic
features, and prevents soil erosion;
(4) A creative approach to the use of land and related physical development;
(5) An efficient use of land resulting in smaller networks of utilities and streets and thereby lower
housing costs;
(6) An environment of stable character in harmony with surrounding development;
(7) A more desirable environment than would be possible through the strict application of other
sections of this title.
This chapter is designed to provide for small and large-scale developments incorporating a
single type or a variety of housing types and related uses which are planned and developed as a unit.
Developments may consist of individual lots or may have common building sites. Commonly owned
land must be related to and preserve the long-term value of the residential development.
22G.080.020 Applicability. An applicant may request to utilize the PRD provisions, if the site meets the site qualification
criteria of this chapter and concurrently utilizes a land division process as specified in MMC
22G.080.040.
22G.080.030 Planned residential development – Site qualifications.
To utilize the PRD provisions contained in this chapter, a site must be at least one acre gross
area and must be zoned residential.
22G.080.040 Permitted/conditional uses – Ratio of housing types.
The following uses are permitted within a PRD: single-family dwellings, duplexes, attached
single-family dwellings or multifamily dwellings, and recreational facilities; provided, that in single-
family zoned PRDs, no more than six units may be attached as one building; and provided further,
that the mix of housing types shall be restricted so that not more than 30 percent of all structures, or
potential structures, in the single-family zoned PRD and the surrounding single-family residential
zoned property within a 300-foot radius, as a whole, are multiple-family dwellings.
22G.080.050 Procedures for review and approval. The PRD review and approval process shall occur concurrently with the underlying land use action. Underlying land use actions which can utilize the PRD process include binding site plans, short
subdivisions, and subdivisions. The decision-making authority for the underlying land use action shall
also be the decision-making authority for the PRD.
The director is authorized to promulgate guidelines, graphic representations, and examples of
designs and methods of construction that do or do not satisfy the intent of this chapter. The following
Marysville Municipal Code Title 22 UDC
Title 22G-35
resources can be used in interpreting the guidelines: Residential Development Handbook for
Snohomish County Communities (prepared for Snohomish County Tomorrow by Makers, Inc.), Site Planning and Community Design for Great Neighborhoods (Frederick D. Jarvis, 1993), and City
Comforts (David Sucher, 1996).
(1) Site Plan. A site plan meeting the requirements of this chapter, Chapter(s) 22C.010, 22C.020,
22G.090 and 22G.100 MMC shall be submitted with all applications for a PRD. 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 PRD. 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 have been
met. The city may place conditions on the PRD approval in order to fulfill the requirements and intent
of the city’s development regulations, comprehensive plan, and subarea plan(s). The following criteria
must be met for approved of a PRD 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, comprehensive plan, and any
applicable subarea plan(s).
(b) Quality Design. The development shall include high-quality architectural design and
well conceived placement of development elements including the relationship or orientation of structures. (c) Design Criteria. Design of the proposed development shall achieve two or more of the
following results above the minimum requirements of this title and Chapter(s) 22G.090 and 22G.100
MMC; provided, that such design elements may also be used to qualify for residential density
incentives as provided in Chapter 22C.090 MMC.
(i) Improving circulation patterns or the screening of parking facilities;
(ii) Minimizing the use of impervious surfacing materials;
(iii) Increasing open space or recreational facilities on-site;
(iv) Landscaping, buffering, or screening in or around the proposed PRD;
(v) Providing public facilities;
(vi) Preserving, enhancing, or rehabilitating natural features of the subject
property such as significant woodlands, wildlife habitats or streams;
(vii) Incorporating energy-efficient site design or building features;
(viii) Incorporating a historic structure(s) or a historic landmark in such a manner
as preserves its historic integrity and encourages adaptive reuse.
(d) Public Facilities. The PRD 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.
(e) When PRDs are located within or adjacent to single-family residential zones and are,
or may be, surrounded by traditional development with detached dwelling units, PRDs shall be
designed and developed so as to be consistent with a single-family residential environment. If
attached dwellings and multiple-family dwellings are part of the PRD they will be dispersed throughout
the project to create an integrated mix of housing types.
(f) Perimeter Design. The perimeter of the PRD 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.
(g) Open Space and Recreation. Open space and recreation facilities shall be provided and
effectively integrated into the overall development of a PRD and surrounding uses.
(h) Streets, Sidewalks and Parking. Existing and proposed streets and sidewalks within a
PRD shall be suitable and adequate to carry anticipated motorized and pedestrian traffic within the
proposed project and in the vicinity of the subject property. A safe walking path to schools shall be
provided if the development is within one-quarter mile of a school (measured via existing or proposed
streets or pedestrian corridors) or if circumstances otherwise warrant. Adequate parking shall be provided to meet or exceed the requirements of the MMC. (i) Landscaping. 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 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.
Marysville Municipal Code Title 22 UDC
Title 22G-36
(j) Maintenance Provisions. A means of maintaining all common areas, such as a
homeowners’ association, shall be established, and legal instruments shall be executed to provide maintenance funds and enforcement provisions.
(3) Amendments. An approved PRD may be amended through the provisions of Chapter(s)
22G.090 and 22G.100 MMC and Chapter 58.17 RCW.
(4) Duration of Approval. The duration of approval for a PRD shall be the same as the underlying
land use action, plat, or binding site plan.
(5) Compliance. Any use of land which requires PRD approval, as provided in this chapter, and for
which approval is not obtained, or which fails to conform to an approved PRD and final site plan,
constitutes a violation of this title.
22G.080.060 Required elements of PRD site plans.
All PRDs shall be subject to site plan approval as provided above. The following are minimum
requirements for the site plan and supplemental material:
(1) The title and location of the proposed PRD, together with the names and addresses and
telephone numbers of the owners of record of the land and, if applicable, the names, addresses and
telephone numbers of any architect, planner, designer or engineer responsible for the preparation of
the plan, and of any authorized representative of the applicant;
(2) Where there is multiple ownership, a document satisfactorily assuring unified control through final approval and construction phases; (3) Statement of intention to formally subdivide the property, if applicable;
(4) The total number of proposed dwelling units and a description of the housing type for each
such unit;
(5) Probable building materials and treatment of exterior surfaces on all proposed multiple-family
structures;
(6) Conceptual drainage plans demonstrating feasibility of the proposed facilities;
(7) Project staging or phases, if any;
(8) Provision for phasing out nonconforming uses;
(9) The calculation of the housing-mix ratio within a 300-foot radius of the project, as required by
MMC 22G.080.030;
(10) Restrictive covenants as required by MMC 22G.080.130 and including provisions to address
parking enforcement, together with a statement from a private attorney as to the adequacy of the
same to fulfill the requirements of this chapter;
(11) Calculation of total project land area, gross project area, and net project density;
(12) A vicinity map at a minimum scale of two inches for each mile, showing sufficient area and detail to clearly locate the project in relation to arterial streets, natural features, landmarks and
municipal boundaries;
(13) A site plan drawing, showing street layout and identification, size and shape of all building
sites and lots, and location of all building pads and open space areas with any specific open space
activity areas indicated;
(14) 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;
(15) Landscaping plan, including plant locations and species size at planting, together with location
and typical side view of perimeter fencing or berms, if any;
(16) Plans for all attached dwellings and multiple-family dwellings 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;
(17) Plans for open space improvements, if any;
(18) Plans for signing and lighting, including typical side view of entrance treatment and entrance
signs; (19) The location of all solid waste collection points, proposed meter locations, water mains, valves, fire hydrants, sewer mains, laterals, manholes, pump stations and other appurtenances;
(20) Itemization of the specific development regulations which are to be modified and special
requirements which are to be applied to the property; and
(21) Such additional information as the city may deem necessary.
Marysville Municipal Code Title 22 UDC
Title 22G-37
22G.080.070 Development standards.
PRDs which have lot(s) less than 5,000 square feet in any zone and multiple detached single-family dwellings on a single lot in any zone shall meet the requirements of this section.
(1) Accessory dwelling units shall not be permitted for single-family detached dwellings unless
approved as part of the PRD site plan.
(2) Each single-family detached unit shall have at least 200 square feet of private open space set
aside as private space for that dwelling unit. No dimension of such open space shall be less than 10
feet. The open space does not need to be fenced or otherwise segregated from other dwellings or
open space in the development unless so conditioned through the approval process.
(3) Common open space is required pursuant to MMC 22C.010.320, 22C.020.270 or 22G.080.100,
whichever provides the greater open space. The common open space must be arranged to maximize
usability.
(4) At least 25 percent of the dwellings on lots less than 5,000 square feet must have vehicle
access points via any combination of the following, unless steep slopes or site-specific constraints
preclude meeting this requirement:
(a) Shared or single-car-width driveway.
(b) Alley, auto court, or other method of accessing dwellings other than direct street
access.
22G.080.080 Modification of development regulations. The city’s standard development regulations shall be modified for a PRD as provided in this
section:
(1) Density, Dimension, and Parking. The standard development regulations shall apply to all lots
and development in a PRD except as specifically modified below and as provided in the design review
standards in Chapter(s) 22C.010 and 22C.020 MMC.
Modified Density, Dimension and Parking Table
PRD
Density: Dwelling unit/acre As allowed per the underlying zone
Maximum density: (1) As allowed per the underlying zone or modified through the residential density incentives in Chapter 22C.090 MMC
Minimum street setback: (2) 10 feet
Minimum side yard setback: 5 feet (if no lot line between homes, 10 feet separation required)
Minimum rear yard setback: (3) 10 feet (if no lot line between homes, 20 feet separation required)
Base height: As allowed per the underlying zone
Maximum building coverage: No maximum building coverage
Maximum impervious surface: 70 percent
Minimum lot area: (4) 3,500 square feet
Minimum lot width: (5) 30 feet
Minimum driveway length: (6) 20 feet
Minimum parking: (7) 3 stalls per detached single-family dwelling
Development Conditions:
1. Density may be increased consistent with density incentives, Chapter 22C.090 MMC. 2. Porches may extend as close as seven feet from the street, sidewalk, right-of-way, or
public/community improvement.
3. Consistent with MMC 22C.010.310(3), rear year setbacks may be reduced to zero feet for garages
if an alley is provided. Living space is allowed up to the rear property line or alley when above a garage. If the garage does not extend to the property line, the dwelling unit above the garage may be extended
to the property line.
4. No minimum lot area for multifamily zoned property. In single-family zones, the minimum lot area/dwelling unit area may be reduced to 2,000 square feet for attached single-family dwellings, and
duplexes require 5,250 feet per two-dwelling duplex.
5. Minimum lot width may be reduced to 25 feet for zero lot line attached single-family dwellings.
6. Minimum driveway length may be reduced in accordance with MMC 22C.010.310.
Marysville Municipal Code Title 22 UDC
Title 22G-38
7. Parking for multifamily and attached single-family will be computed pursuant to Chapter 22C.130 MMC, Parking and Loading. Detached single-family dwellings will provide three stalls per dwelling unit.
Two of the stalls must be on the site and readily available to the dwelling unit. The third stall may be
on-street parking or provided nearby to the dwelling.
(2) Street Standards. The city’s PRD street standards, as set forth in the engineering development and design standards (EDDS), apply to small lot developments and may be modified as provided
below.
The “PRD Access Street with Parking” and “PRD Access Street” road sections may be used in a
PRD and modified as follows:
(a) “PRD Access Street with Parking” standard is required for developments containing 20
or more dwellings. For developments containing less than 20 dwelling units the “PRD Access Street”
standard may be used, provided parking requirements are met and community parking is provided at
a ratio of at least one parking space for each four dwelling units.
(b) Modifications to the “PRD Access Street with Parking” and “PRD Access Street”
standards may be requested for sidewalks, planter strips, and on-street parking. The burden to clearly
demonstrate the proposed modification meets the requirements of this section is the applicant’s.
(Note: it is not likely multiple reductions will be allowed along a single section of road.) If requesting a
modification, the applicant shall submit an integrated pedestrian travel, landscape and parking plan as
well as other information to demonstrate:
(i) Safe, aesthetically pleasing pedestrian travel is provided throughout the development.
(ii) Pedestrian travel within the development shall be tied to pedestrian travel routes outside the development, actual and/or planned.
(iii) Reduction of planter strips shall require additional equivalent or greater
landscaping to benefit the development.
(iv) Reduction of on-street parking shall generally require alley access and
community parking be provided, such as bump-out parking on the street at a ratio in excess of one
parking spot for each four dwelling units.
(v) Any proposed modifications shall allow for efficient flow and movement of
automobiles and pedestrians without negatively altering or constraining their movement.
(3) Open Space. Open space requirements may be modified consistent with this chapter.
(4) 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. (Street modifications may include the elimination of sidewalks on one or both sides, when
alternate safe pedestrian connections are provided, and/or the movement of planter strips behind the sidewalk or the elimination of planter strips altogether, when the streetscape is enhanced to provide for a significantly more pleasing appearance.)
(5) Other Development Code Modifications. Modification of development code requirements
beyond those provided for in this section may be requested through the variance process set forth in
the MMC.
22G.080.090 Bonuses.
The city’s decision-making authority may allow an increase in the net density of the project in
compliance with the residential density incentive requirements of Chapter 22C.090 MMC.
22G.080.100 Open spaces.
(1) A minimum of 15 percent of the net project area shall be established as open space. Parking
areas, driveways, access streets and required yards are not considered to be open space for purposes
of this section. Critical areas and buffers may be used to satisfy up to 10 percent of this requirement.
Fencing and/or landscaping shall separate, while maintaining visual observability of recreation areas
from public streets, parking areas and driveways. (2) Open space and recreational facilities shall be owned, operated and maintained in common by
the PRD property owners; provided, that by agreement with the city council, open space may be dedicated in fee to the public.
(3) The open space requirement may be reduced if substantial and appropriate recreational
facilities (such as recreational buildings, swimming pools or tennis courts) are provided. If an open
Marysville Municipal Code Title 22 UDC
Title 22G-39
space reduction is proposed, detailed plans showing the proposed recreational facilities must be
submitted with the preliminary site plan. (4) Open space excluding critical areas and buffers shall:
(a) Be of a grade and surface suitable for recreation;
(b) Be on the site of the proposed development;
(c) Be one continuous parcel if less than 3,000 square feet in size, not to be located in the
front yard setback;
(d) Have no dimensions less than 30 feet (except trail segments);
(e) Be situated and designed to be observable by the public; and
(f) Be accessible and convenient to all residents within the development.
22G.080.110 Preservation of existing features.
(1) Existing trees and other natural and unique features shall be preserved wherever possible. The
location of these features must be considered when planning the open space, location of buildings,
underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels.
(2) The city shall inquire into the means whereby trees and other natural features will be
protected during construction. Excessive site-clearing of topsoil, trees and natural or unique features
before commencement of building operations may disqualify the project as a PRD.
22G.080.120 Perpetual maintenance of open space and common facilities. Before final approval is granted, the applicant shall submit to the city, for its approval,
covenants, deed restrictions, homeowners’ association bylaws, and/or other documents providing for
preservation and maintenance of all common open space, parking areas, walkways, landscaping,
signs, lights, roads and community facilities at the cost of the property owners in the PRD. All common
areas and facilities shall be continuously maintained at a minimum standard at least equal to that
required by the city, and shall be approved by the city at the time of initial occupancy.
Marysville Municipal Code Title 22 UDC
Title 22G-40
Chapter 22G.090 SUBDIVISIONS AND SHORT SUBDIVISIONS
Sections:
Aritcle I: General Provisions ...................................................................41
22G.090.010 Title. .........................................................................................41
22G.090.020 Authority. ..................................................................................41
22G.090.030 Purpose. ....................................................................................42
22G.090.040 Jurisdiction. ...............................................................................42
22G.090.050 Applicability – Exemptions. ..........................................................42
Article II: Preliminary Subdivision Review...............................................43
22G.090.060 Preapplication requirements. ........................................................43
22G.090.070 Application – Submittal. ..............................................................43
22G.090.080 Review process – Reports by city departments. ..............................44
22G.090.090 Review process – Staff report – Requirements. ..............................45
22G.090.100 Review process – Staff report – Hearing examiner’s agenda. ............45
22G.090.110 Review process – Public hearing. ..................................................45
22G.090.120 Public hearing – Hearing examiner duty. .......................................45
22G.090.130 Public hearing – Elements considered. ...........................................45
22G.090.140 Hearing examiner decision – Requirements. ...................................46 22G.090.150 Hearing examiner decision – Records. ...........................................46 22G.090.160 Approval of preliminary subdivision – Effect. ..................................46
22G.090.170 Limitations on approval. ..............................................................46
22G.090.180 Substantial revisions of county-approved preliminary plats. .............46
Article III: Final Subdivision Review .........................................................47
22G.090.190 Compliance with preliminary approval required. .............................47
22G.090.200 Plat map – Requirements.............................................................47
22G.090.210 Dedications. ...............................................................................47
22G.090.220 Acknowledgments and certifications. .............................................47
22G.090.230 Documents required – Subdivision title report. ...............................49
22G.090.240 Documents required – Restrictions and covenants. .........................49
22G.090.250 Documents required – Survey. .....................................................49
22G.090.260 Review process – Action by city staff. ............................................49
22G.090.270 Review process – Action by city council. ........................................50
22G.090.280 Time limits for action. .................................................................50
22G.090.290 Filing original plat and copies. ......................................................50 22G.090.300 Valid land use – Governed by terms of final approval. .....................50
Article IV: Short Subdivision Review ........................................................50
22G.090.310 Applicability – Lot number requirement. ........................................50
22G.090.320 Preapplication requirements. ........................................................50
22G.090.330 Application submittal. ..................................................................51
22G.090.340 Review process – City department action – State action. .................51
22G.090.350 Review process – State Environmental Policy Act. ...........................52
22G.090.360 Review process – Elements considered. .........................................52
22G.090.370 Review process – Decision by city. ................................................52
22G.090.380 Time limits for action. .................................................................53
22G.090.390 Final submittal – Preliminary approval compliance. .........................53
22G.090.400 Final submittal – Short plat. .........................................................53
22G.090.410 Final submittal – Vicinity map. .....................................................55
22G.090.420 Final submittal – Restrictions and covenants. .................................55
22G.090.430 Final submittal – Short subdivision title report. ...............................55
22G.090.440 Final submittal – Legal descriptions...............................................55
22G.090.450 Final submittal – Declaration of ownership. ....................................55 22G.090.460 Final submittal – Contiguous parcel owners. ...................................56 22G.090.470 Final submittal – Survey. .............................................................56
22G.090.480 Final approval – Procedure. ..........................................................56
22G.090.490 Recording requirement. ...............................................................56
22G.090.500 Resubdivision restrictions. ...........................................................56
Article V: Land Division Requirements ....................................................56
Marysville Municipal Code Title 22 UDC
Title 22G-41
22G.090.510 Standards generally. ...................................................................56
22G.090.520 Provisions for approval. ...............................................................56 22G.090.530 Public use reservations. ...............................................................56
22G.090.540 Design with environment required. ...............................................57
22G.090.550 Divisions of land with existing structures. ......................................57
22G.090.560 Building design with natural slope. ................................................57
22G.090.570 Landscaping requirements. ..........................................................57
22G.090.580 Fence requirements. ...................................................................57
22G.090.590 Floodplain requirements. .............................................................58
22G.090.600 Street improvements. .................................................................58
22G.090.610 Pedestrian improvements. ...........................................................59
22G.090.620 Drainage improvements. .............................................................59
22G.090.630 Sewer improvements. .................................................................59
22G.090.640 Water improvements. .................................................................59
22G.090.650 Fire hydrant improvement. ..........................................................59
22G.090.660 Clearing and grading. ..................................................................59
22G.090.670 Lot requirements. .......................................................................59
22G.090.680 Utilities improvements. ...............................................................60
22G.090.690 Easements. ................................................................................60 22G.090.700 Public uses, park, playground and recreation areas. ........................60 22G.090.710 Underground wiring. ...................................................................60
22G.090.720 Improvements – Smooth transition required. .................................60
22G.090.730 Improvements – Utility improvement plans. ...................................61
22G.090.740 Improvements – Acceptance. .......................................................61
22G.090.750 Performance guarantee requirements. ...........................................61
22G.090.760 Site improvements designated. ....................................................61
22G.090.770 Warranty requirements for acceptance of final improvements. .........61
22G.090.780 Survey requirement. ...................................................................61
22G.090.790 Dedication – Statutory warrant deed. ............................................62
22G.090.800 Divisions of land adjacent to small farms overlay zone. ...................62
Article VI: Tax Segregated Lots ................................................................62
22G.090.810 Subdivision requirements. ...........................................................62
Article VII: Modifications and Variances ....................................................62
22G.090.820 Modifications and variances. ........................................................62
Article VIII: Appeals....................................................................................63 22G.090.830 Preliminary subdivision – Appeals of hearing examiner decisions. .....63
22G.090.840 Short subdivisions – Appeals to hearing examiner. .........................63
22G.090.850 Time period stay – Effect of appeal. ..............................................63
Article IX: Enforcement and Penalties ......................................................63
22G.090.860 Delegation of responsibilities. .......................................................63
22G.090.870 Compliance – Prior provisions – Transition. ....................................63
22G.090.880 Effect of noncompliance. .............................................................64
22G.090.890 Filing unapproved subdivisions or short subdivisions. ......................64
22G.090.900 Violation – Injunctive action. ........................................................64
22G.090.910 Violation – Exception...................................................................64
22G.090.920 Provisions nonexclusive. ..............................................................64
22G.090.930 Rules and regulations. .................................................................64
22G.090.940 Severability. ..............................................................................64
22G.090.950 Savings. ....................................................................................64
Aritcle I: General Provisions
22G.090.010 Title. This article shall be known as the subdivision ordinance of the city.
22G.090.020 Authority.
These regulations are authorized by Chapter 58.17 RCW and other applicable state laws and
city ordinances.
Marysville Municipal Code Title 22 UDC
Title 22G-42
22G.090.030 Purpose.
(1) The purpose of these regulations is to regulate the division of land and to promote the public health, safety and general welfare in accordance with standards established by the state and city; to
prevent the overcrowding of land; to lessen congestion in the streets and highways; to promote
effective use of land; to promote safe and convenient travel by the public on streets and highways; to
provide for adequate light and air; to provide for adequate provisions for water, sewer, parks and
recreation areas, sites for school and school grounds and other public requirements; to provide proper
ingress and egress; to provide for the expeditious review and approval of proposed subdivisions, and
short subdivisions; to adequately provide for the housing and commercial needs of the citizens of the
city; to promote design that is compatible with the natural environment; and to require uniform
monumenting of land and conveyancing by accurate legal description.
(2) It is further the purpose of these regulations to provide for and promote the health, safety and
welfare of the general public, and not to create or otherwise establish or designate any particular class
or group of persons who will or should be especially protected or benefited by the terms of these
regulations.
(3) It is the specific intent of these regulations to place the obligation of complying with its
requirements upon the property owner and applicant and no provision or term used in these
regulations is intended to impose any duty whatsoever upon the city or any of its officers, employees
or agents for whom the implementation or enforcement of these regulations shall be discretionary and not mandatory. (4) Nothing contained in these regulations is intended to be nor shall be construed to create or
form the basis for any liability on the part of the city, or its officers, employees or agents, for any
injury or damage resulting from the failure to comply with these regulations, or by reason or in
consequence of any inspection, notice, order, certificate, permission or approval authorized or issued
or done in connection with the implementation or enforcement of these regulations, or by reason of
any action or inaction on the part of the city related in any manner of the enforcement of these
regulations by its officers, employees or agents.
22G.090.040 Jurisdiction.
These regulations shall apply to all divisions of all lands within the incorporated area of the
city.
22G.090.050 Applicability – Exemptions.
(1) Divisions of Land – Compliance with State Law and This Title. Every division or redivision of
land into lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership shall proceed in compliance with the provisions of state law and this title. All contiguous parcels of
land, regardless of date of acquisition or location in different lots, tracts, parcels, tax lots or separate
government lots, that are to be subdivided or short subdivided shall constitute a single subdivision or
short subdivision action. Multiple applications or applications and/or exemptions shall not be utilized as
a substitute for comprehensive subdividing or short subdividing in accordance with the requirements
of this title.
(2) Exemptions.
(a) The provisions of this title as they relate to subdivisions shall not apply to:
(i) Cemeteries and other burial plots while used for that purpose;
(ii) A division made by testamentary provisions, or the laws of descent;
(iii) Boundary line adjustments pursuant to the city boundary line adjustment
ordinance;
(iv) A division which is made by subjecting a portion of a parcel or tract of land to
Chapter 64.32 RCW (Horizontal Property Regimes Act) or Chapter 64.34 RCW (Condominium Act) if
the city has approved a binding site plan for all such land, and the requirements of RCW 58.17.040(7)
have been met;
(v) A division of land into lots, tracts or parcels classified for business, commercial and industrial use pursuant to the city’s binding site plan ordinance; (vi) A division for the purpose of lease when no residential structure other than
mobile homes or travel trailers is to be placed upon the land when a binding site plan has been
approved by the city for the use of the land, pursuant to Chapter 22C.230 MMC, Mobile Home Parks,
and Chapter 22C.240 MMC, Recreational Vehicle Parks;
(vii) A division for the purpose of leasing land for facilities providing personal
wireless service while used for that purpose.
Marysville Municipal Code Title 22 UDC
Title 22G-43
(b) The provisions of this title as they relate to short subdivisions shall not apply to:
(i) Cemeteries and other burial plots while used for that purpose; (ii) A division made by testamentary provisions, or the laws of descent;
(iii) Boundary line adjustments pursuant to the city boundary line adjustment
ordinance;
(iv) A division which is made by subjecting a portion of a parcel or tract of land to
Chapter 64.32 RCW (Horizontal Property Regimes Act) or Chapter 64.34 RCW (Condominium Act) if
the city has approved a binding site plan for all such lands, and the requirements of RCW
58.17.040(7) have been met;
(v) A division of land into lots, tracts or parcels classified for business, commercial
and industrial use pursuant to the city’s binding site plan ordinance;
(vi) A division for the purpose of lease when no residential structure other than
mobile homes or travel trailers are to be placed upon the land when a binding site plan has been
approved by the city for the use of the land, pursuant to Chapter 22C.230 MMC, Mobile Home Parks,
and Chapter 22C.240, Recreational Vehicle Parks;
(vii) A division or redivision of land for the purpose of sale, lease or transfer of
ownership which is done in accordance with the subdivision requirements of this title;
(viii) A division of land for city governmental purposes limited to the acquisition of
land for right-of-way and detention facilities; and (ix) A division for the purpose of leasing land for facilities providing personal wireless service while used for that purpose.
(3) The exemptions provided herein shall not be construed as exemptions from compliance with
all other applicable standards required by the city and state.
Article II: Preliminary Subdivision Review
22G.090.060 Preapplication requirements.
(1) Preapplication Meeting. Prior to submittal of a subdivision application for consideration by the
city, the applicant may request a preapplication meeting with the city staff on the express condition,
that the city, its officers, employees shall be held harmless and released from any claims for damages
arising from discussions at said preapplication meeting. The city shall provide written comments to the
applicant, and may discuss the general goals and objectives of the proposal, the overall design
possibilities, the general character of the site, environmental constraints and standards of
development. The focus of the meeting shall be general in nature and none of the discussions shall be
interpreted as a commitment by the city or applicant. No statements or assurances made by city representatives shall in any way relieve the applicant of his or her duty to submit an application
consistent with all relevant requirements of all pertinent city, state and federal codes, laws,
regulations and land use plans.
(2) Preliminary Drawing.
(a) The applicant shall provide an accurate preliminary drawing to scale showing lot
layout, existing and proposed building location, size, access, utilities, open space, water sources,
adjacent land use, and five-foot contours. This drawing must be provided before a preapplication
meeting will be scheduled.
(b) If low-impact development techniques, including bioretention, dispersion or infiltration,
are proposed to manage storm water, the applicant shall provide a site assessment consistent with the
requirements in MMC 14.15.062.
(c) The applicant shall also provide a legal description of the property and a vicinity map.
22G.090.070 Application – Submittal.
(1) Fees. The applicant shall pay the required fees as set forth in the city’s fee schedule or other
applicable resolutions or ordinances when submitting the subdivision application.
(2) Application Documents. A subdivision application shall consist of the following documents: application form, legal description, vicinity map, declaration of ownership form, proposed preliminary plat map, adjacent property owners form and environmental checklist. The city shall provide the
above-stated forms and application instructions for required documents, which shall be used by the
applicant.
(3) Preliminary Plat Map. The proposed preliminary plat map shall be submitted which contains
the following information:
(a) The name or title of the proposed subdivision;
Marysville Municipal Code Title 22 UDC
Title 22G-44
(b) The date, north arrow, and appropriate engineering scale as approved by the
community development department (e.g., one inch equals 20 feet; one inch equals 30 feet; one inch equals 40 feet; one inch equals 50 feet; one inch equals 60 feet);
(c) Boundary lines of tract, lot lines, lot number, block number;
(d) Location and name of existing and proposed streets and right-of-way;
(e) Drainage channels, water courses, marshes, lakes and ponds;
(f) All significant wooded areas as characterized by evergreen trees eight inches in
diameter or greater and/or deciduous trees 12 inches in diameter or greater, measured four and one-
half feet above grade;
(g) Existing structures and setbacks;
(h) The location of existing driveways;
(i) All easements and uses;
(j) Existing and proposed utilities services;
(k) Fire hydrant location and distance;
(l) Grading plans with topographic relief of:
(i) Less than five percent across the subject property should reflect existing and
proposed topography at two-foot elevations;
(ii) Less than two percent across the subject property should reflect existing and
proposed contours at two-foot elevations, as well as spot elevations on a 25-foot grid reflecting existing and developed properties; (iii) Less than 15 percent should reflect existing and proposed topography at five-
foot elevations;
(iv) Equal to or greater than 15 percent across the subject property should reflect
existing and proposed contours at five-foot elevations. Cross-sections reflecting existing and
developed conditions at intervals of 25 feet to 50 feet should be provided to facilitate the preservation
of natural topography. Driveway profiles should be provided that reflect the maximum vertical grade
of 15 percent for the driveway and include reasonable transitions and landings to promote safe access
from the right-of-way to the driveway. This may necessitate identifying maximum and minimum
finished floor elevations for garages;
(v) Critical slopes exceeding 25 percent must be labeled and delineated by a
clearly visible hatching;
(m) Preliminary street profile together with a preliminary storm drainage plan and report;
(n) A typical cross-section of the proposed street improvements;
(o) Any regulated sensitive area such as wetlands, steep slopes or wildlife habitat;
(p) All contour lines shall be extended at least 100 feet beyond the external boundaries of the property proposed for subdivision;
(q) Grading plans shall take into consideration MMC 22G.090.560, Building design with
natural slope.
(4) Additional Application Requirements. If the city finds the presence of any of the following site
conditions, then the city may require the applicant to provide additional information such as detailed
studies and site plans:
(a) Site has existing slopes exceeding 15 percent for more than 50 (running) feet;
(b) Site has a permanent drainage course or wetlands;
(c) Conditions exist on the site or in the area adjacent to the site which may contribute to
or cause erosion, drainage problems, surface slippage or other geological hazards;
(d) Site has other unique physical features or sensitive features;
(e) The subdivision will result in 10 or more peak-hour vehicular trips onto public streets,
or sight distance/safety concern.
(5) Subdivisions Processed Simultaneously. Unless an applicant for preliminary subdivision
approval requests otherwise, a preliminary plat shall be processed simultaneously with any application
for rezones, variances, planned residential development site plans, street vacations and similar quasi-
judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.
22G.090.080 Review process – Reports by city departments.
(1) If the application meets all the requirements specified in MMC 22G.090.070 then the
application shall be deemed complete and the community development department shall circulate
copies of the preliminary subdivision application to relevant city departments and affected agencies.
The department or agency shall review the preliminary subdivision and furnish the community
Marysville Municipal Code Title 22 UDC
Title 22G-45
development department with a report as to the effect the proposed subdivision may have upon their
area of responsibility and expertise. The reports submitted shall include recommendations as to the extent and types of improvements to be provided.
(2) Once the city receives a complete application for a subdivision which is located adjacent to
state highway right-of-way, the city shall give written notice of the application, including legal
description and location map, to the Department of Transportation. The state shall comment, within
14 calendar days of receiving the notice, regarding the effect the subdivision may have relevant to
access to state highway.
22G.090.090 Review process – Staff report – Requirements.
The community development department shall prepare a written recommendation for the
hearing examiner for approval or disapproval of the preliminary subdivision which shall be entitled
“staff report,” and which shall include the reports and recommendations of the city departments and
of other consulted government agencies. This report shall be prepared at least seven calendar days
prior to the public hearing.
22G.090.100 Review process – Staff report – Hearing examiner’s agenda.
The application for the preliminary subdivision along with the staff report shall be placed on the
hearing examiner’s agenda. 22G.090.110 Review process – Public hearing.
Notice of the public hearing shall conform to the following:
(1) Notice shall be published not less than 10 calendar days prior to the public hearing in a
newspaper of general circulation within the city.
(2) Adjacent property owners, as defined in this title, located within 300 feet of any portion of the
boundary of the property to be subdivided as identified on the property owners form, shall be notified
by mail not less than 15 calendar days prior to the public hearing.
(3) The applicant shall post the property with a sign at least 10 calendar days prior to the public
hearing. This sign shall be organized, designed and placed as defined by the city’s community
development department. All signs described herein are exempt from the city’s zoning and sign codes.
All signs required to be posted shall remain in place until the final decision has been reached on the
preliminary subdivision. Following that decision, the applicant must remove the sign within 14
calendar days.
22G.090.120 Public hearing – Hearing examiner duty. After notice of the public hearing has been given per MMC 22G.090.110 the hearing examiner
will consider the proposed subdivision and its compliance with MMC 22G.090.130.
22G.090.130 Public hearing – Elements considered.
The following shall provide a basis for approval or disapproval of a proposed subdivision:
(1) Public Use and Interest. Evaluation of the proposed subdivision to determine whether the
public use and interest are served by permitting the proposed subdivision;
(2) Public Health, Safety and General Welfare. Evaluation of the proposed subdivision to
determine whether the public health, safety and general welfare has been served;
(3) Comprehensive Plan. Evaluation of all elements of the comprehensive plan and its consistency
with the proposed subdivision;
(4) Existing Zoning. Evaluation of existing zoning and its compliance with the proposed subdivision
and Chapter 22G.090 Article V MMC, Land Division Requirements;
(5) Natural Environment. Evaluation of the impacts and provision for mitigation of all impacts on
all elements of the natural environment including topography, vegetation, soils, geology and all
environmental issues as defined in the State Environmental Policy Act, Chapter 197-11 WAC and
Chapter 22G.090 Article V MMC, Land Division Requirements; (6) Drainage. Evaluation of all drainage impacts and provisions made for mitigation of all drainage impacts as defined in the city’s drainage codes and Chapter 22G.090 Article V MMC, Land Division
Requirements;
(7) Open Space. Evaluation of all impacts and provision for open space as defined in Chapter
22G.090 Article V MMC, Land Division Requirements;
Marysville Municipal Code Title 22 UDC
Title 22G-46
(8) Public Systems Capacity. Evaluation of all impacts and provisions made for mitigation of
impacts on public systems including parks, schools, and community facilities as defined in Chapter 22G.090 Article V MMC, Land Division Requirements;
(9) Public Services. Evaluation of all impacts and provisions made for mitigation of impacts on
public services including streets, all public utilities, fire and police protection as defined in Chapter
22G.090 Article V MMC, Land Division Requirements;
(10) Floodplain. Identification of subdivisions proposed in the floodplain and compliance with
requirements of this chapter and Chapter 22E.020 MMC, Floodplain Management.
22G.090.140 Hearing examiner decision – Requirements.
(1) If the hearing examiner finds that appropriate provisions have been made according to MMC
22G.090.130, then the hearing examiner may determine that the subdivision be approved. If the
hearing examiner finds that the subdivision does not conform with the provisions of MMC
22G.090.130, and the public use and interest will not be served, then the hearing examiner may
disapprove the same or return the application to the applicant for modification and conditions for
approval.
(2) Each decision of the hearing examiner shall be in writing and shall include findings and
conclusions based on the record to support the decision. Each decision of the hearing examiner shall
be rendered within 15 calendar days following conclusion of all testimony and hearings, unless a longer period is mutually agreed to by the applicant and the hearing examiner. (3) The decision made by the hearing examiner shall be final with a right to appeal to superior
court pursuant to MMC 22G.010 MMC Article VIII - Appeals.
22G.090.150 Hearing examiner decision – Records.
All records of the hearing examiner’s decision concerning a preliminary subdivision shall be
open to public inspection at the community development department offices.
22G.090.160 Approval of preliminary subdivision – Effect.
Approval of the preliminary subdivision shall constitute authorization for the applicant to
develop the subdivision facilities and improvements as required in the approved preliminary
subdivision. Development shall be in strict accordance with the plans and specifications as approved
by the public works department and shall be subject to any conditions imposed by the hearing
examiner and city council.
22G.090.170 Limitations on approval. Final subdivision approval must be acquired within five years of preliminary approval, after
which time the preliminary subdivision approval is void. The five-year time frame shall commence
from the effective date of the decision approving the subdivision. An extension may be granted by the
city council for one year if the applicant has attempted in good faith to submit the final plat within the
five-year time period; provided, however, the applicant must file a written request with the city
council requesting the extension at least 30 days before expiration of the five-year period.
Exception: Effective until December 31, 2014, a final subdivision meeting all the requirements of this
chapter shall be submitted to the City for approval within seven (7) years to the date of preliminary
plat approval pursuant to RCW 58.17.140.
22G.090.180 Substantial revisions of county-approved preliminary plats.
The hearing examiner may determine that applications for substantial revisions of preliminary
plats that were approved by Snohomish County be approved, based on the following circumstances
and conditions:
(1) The preliminary plat was approved by Snohomish County in compliance with all county land
use requirements that were applicable when the complete application was submitted to the county;
(2) All conditions of county approval have been satisfied, including construction and/or installation of all required infrastructure; (3) The property owner/developer has provided a sworn and notarized declaration that the
preliminary plat approved by the county can no longer be developed due to adverse market conditions
and the inability to secure financing;
(4) The city council and the property owner/developer have entered into a development
agreement pursuant to Chapter 36.70B RCW, which provides for the property owner/developer to
retain vested rights for compliance with specified, limited county land use regulations in consideration
Marysville Municipal Code Title 22 UDC
Title 22G-47
of construction and/or installation of all county-required infrastructure and submittal to the city of a
new preliminary plat application that complies with all other city land use regulations; and (5) The city’s SEPA responsible official has determined that the new preliminary plat application
and development agreement comply with the State Environmental Policy Act.
Article III: Final Subdivision Review
22G.090.190 Compliance with preliminary approval required.
Prior to the submittal of any preliminary subdivision to the city for final approval, the applicant
must demonstrate compliance with all of the conditions of the preliminary approval and prepare all the
necessary final documents.
22G.090.200 Plat map – Requirements.
The final plat shall be drawn on mylar drafting film having dimensions of 18 inches by 24
inches with a two-inch border on the left edge and one-half inch borders on the other edges.
Information required shall include, but not be limited to:
(1) The name of the subdivision;
(2) Legal description of the entire parcel to be subdivided;
(3) The date, north arrow, and appropriate engineering scale as approved by the community development department (e.g., 1" = 20', 1" = 30', 1" = 40', 1" = 50', 1" = 60'); (4) Boundary lines, right-of-way for streets, easements, and property lines of lots and other sites
with accurate bearings, dimensions or angles and arcs, and of all curve data;
(5) Names and right-of-way widths of all streets within the subdivision and immediately adjacent
to the subdivision. Street names shall be consistent with the names of existing adjacent streets;
(6) Number of each lot consecutively;
(7) Reference to covenants and special plat restrictions either to be filed separately or on the face
of the plat:
(8) Zoning setback lines, building sites when required by city;
(9) Location, dimensions and purpose of any easements, noting if the easements are private or
public;
(10) Location and description of monuments and all lot corners set and found;
(11) Primary control points, and datum elevations if applicable, approved by the public works
department. Descriptions and ties to all control points will be shown with dimensions, angles and
bearings;
(12) Existing structures, all setbacks, and all encroachments.
22G.090.210 Dedications.
(1) All streets, highways and parcels of land shown on the final plat and intended for public use
shall be offered for dedication for public use, except where the provisions of this title provide
otherwise.
(2) Streets, or portions of streets, may be required to be set aside by the city for future dedication
where the immediate opening and improvement is not required, but where it is necessary to ensure
that the city can later accept dedication when the streets become needed for future development of
the area or adjacent areas.
(3) Easements being dedicated shall be indicated on the face of the plat as follows: an easement
shall be reserved for and granted to all utilities serving the subject plat and their respective successors
and assigns, under and upon the exterior 10 feet parallel with and adjoining the street frontage of all
lots in which to install, lay, construct, renew, operate and maintain underground conduits, cables, pipe
and wires with necessary facilities and other equipment for the purpose of serving this subdivision and
other property with electric, telephone and utility service together with the right to enter upon the lots
at all times for the purposes herein stated. Drainage easements designated on the plat are hereby
reserved for and granted to the city of Marysville, except those designated on the plat as private easements, together with the right of ingress and egress and the right to excavate, construct, operate, maintain, repair and/or rebuild an enclosed or open-channel storm water conveyance system
and/or other drainage facilities, under, upon or through the drainage easement.
22G.090.220 Acknowledgments and certifications.
Acknowledgments and certificates required by this title shall be in language substantially
similar to that indicated in the following subsections:
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Title 22G-48
(1) Dedications. The intention of the owner shall be evidenced by his presentation for filing of a
final plat clearly showing the dedication thereof and bearing the following certificate signed by all real parties of interest:
Know all men by these presents that _________ the undersigned owner(s), in fee simple of the
land hereby platted, and ________, the mortgage thereof, hereby declare this plat and dedicate
to the use of the public forever all streets, avenues, places and sewer easements or whatever
public property there is shown on the plat and the use for any and all public purposes not inconsistent with the use thereof for public highway purposes. Also, the right to make all
necessary slopes for cuts and fills upon lots, blocks, tracts, etc. shown on this plat in the
reasonable original grading of all the streets, avenues, places, etc. shown hereon. Also, the right
to drain all streets over and across any lot or lots where water might take a natural course after the street or streets are graded. Also, all claims for damage against any governmental authority
are waived which may be occasioned to the adjacent land by the established construction,
drainage, and maintenance of said roads.
Following original reasonable grading of the roads and ways hereon, no drainage waters on any
lot or lots shall be diverted or blocked from their natural course so as to discharge upon any
public road rights-of-way to hamper proper road drainage. The owner of any lot or lots, prior to
making any alteration in the drainage system after the recording of the plat, must make application to and receive approval from the director of the department of public works for said
alteration. Any enclosing of drainage waters in culverts or drains or rerouting thereof across any
lot as may be undertaken by or for the owner of any lot shall be done by and at the expense of such owner. IN WITNESS WHEREOF we set our hands and seals this ___ day of ____, 20__.
In the event that a waiver of right of direct access is included, then the certificate shall contain
substantially the following additional language:
That said dedication to the public shall in no way be construed to permit a right of direct access
to street from lots numbered nor shall the city of Marysville or any other local governmental agency ever be required to grant a permit to build or construct an access of approach to said street from said lots.
(2) Acknowledgment.
STATE OF WASHINGTON)
: ss. COUNTY OF SNOHOMISH)
This is to certify that on this ___ day of ____, 20__, before me, the undersigned, a notary public,
personally appeared ______, to me known to be the person(s) who executed the foregoing
dedication and acknowledgment to me that signed the same as ______ free and voluntary act and deed for the uses and purposes therein mentioned.
Witness my hand and official seal the day and year first above-written.
NOTARY PUBLIC in and for the State of Washington, residing at
_____________________ (Seal)
(3) Restrictions. The following restrictions shall show on the face of the final plat:
(a) “No further subdivision of any lot without resubmitting for formal plat procedure.”
(b) “The sale or lease of less than a whole lot in any subdivision platted and filed under
Title 22 of the Marysville Municipal Code is expressly prohibited except in compliance with Title 22 of
the Marysville Municipal Code.”
(c) The following shall be required when the plat contains a private road:
The cost of construction and maintaining all roads not herein dedicated as public roads shall be
the obligation of all of the owners and the obligation to maintain shall be concurrently the obligation of
any corporation in which title of the roads and streets may be held. In the event that the owners of
any lots served by the roads or streets of this plat shall petition the council to include these roads or streets in the public road system, the petitioners shall be obligated to bring the same to city road
standards applicable at the time of petition in all respects, including dedication of rights-of-way, prior
to acceptance by the city.
(d) “All landscaped areas in public rights-of-way shall be maintained by the developer and
his successor(s) and may be reduced or eliminated if deemed necessary for or detrimental to city road
purposes.”
Marysville Municipal Code Title 22 UDC
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(e) “The location and height of all fences and other obstructions within an easement as
dedicated on this plat shall be subject to the approval of the Director of Public Works or his designee.” (4) Approvals.
(a) “Examined and approved this ____ day of ____, 20__.
_________________________________
City Engineer, City of Marysville”
(b) “Examined and approved this ______ day of ____, 20__.
____________________________________________
Community Development Director, City of Marysville”
(c) “Examined, found to be in conformity with applicable zoning and other land use
controls, and approved this ______ day of ____, 20__.
_______________________________ _______________________________
Mayor Attest: City Clerk”
(5) Certificates. (a) “I hereby certify that the plat of _____ is based upon an actual survey and subdivision of Section ____, Township ____ North, Range ___ EWM as required by the state statutes; that the
distances, courses and angles are shown thereon correctly; that the monuments shall be set and lot
and block corners shall be staked correctly on the ground, that I fully complied with the provisions of
the state and local statutes and regulations governing platting.
____________________
Licensed Land Surveyor (Seal)”
(b) “I hereby certify that all state and county taxes heretofore levied against the property
described herein, according to the books and records of my office, have been fully paid and
discharged, including _____ taxes.
_________________________
Treasurer, Snohomish County”
(c) “Filed for record at the request of ____ this ____ day of ____, 20__, at ____ minutes
past ___m, and recorded in Vol. ____ of Plats, page ____, records of Snohomish County Washington.
_________________________
Auditor, Snohomish County”
22G.090.230 Documents required – Subdivision title report.
All final subdivision applications shall be accompanied by a title company certification current
to within 30 days from filing of final plat; provided, however, the applicant shall be responsible for
updating the title report to ensure that it is current as of the time of final plat review. This report must
confirm that the title of the lands as described and shown on the subdivision plat is in the name of the
owners signing the plat map.
22G.090.240 Documents required – Restrictions and covenants.
The applicant shall submit copies of restrictions and covenants, if any, proposed to be imposed
upon the use of the land. Such restrictions and covenants, if not on the face of the plat must be
recorded prior to or simultaneously with the subdivision.
22G.090.250 Documents required – Survey.
The final plat must be accompanied by a complete survey in accordance with MMC
22G.090.780.
22G.090.260 Review process – Action by city staff. (1) Applicants for final subdivision approval shall file their final plats meeting all the requirements
of Chapter 58.17 RCW and this title with the city’s community development department. The
community development department shall review the final plat and circulate it to other city
departments to determine whether the requirements of this title have been met.
(2) The community development director and city engineer shall determine whether requirements
of this title have been met. If the requirements have been met, they shall certify that the proposed
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Title 22G-50
final plat meets the requirements of Chapter 58.17 RCW and this title, and forward a complete copy of
the proposed plat to city council. (3) If either the community development director or the city engineer determine that the
requirements of this title have not been met, the final plat shall be returned to the applicant for
modification, correction or other action as may be required for approval; provided, that the final plat
shall be forwarded to the city council together with the determinations of the community development
director and the city engineer, upon written request of the applicant.
(4) Pursuant to the requirements of RCW 58.17.150, neither the community development director
nor the city engineer shall modify the requirements made in the hearing examiner approval of the
preliminary plat when making recommendations on the final plat without the consent of the applicant,
except as provided in Chapter 58.17 RCW.
22G.090.270 Review process – Action by city council.
(1) For the purposes to ensure all conditions have been met, the city council shall determine, at a
public meeting, whether the subdivision proposed for final subdivision approval conforms to all terms
of preliminary approval, and whether the subdivision meets the requirements of this title, applicable
state laws and all other local ordinances adopted by the city which were in effect at the time of
preliminary approval.
(2) If the conditions have been met, the city council shall authorize the mayor to inscribe and execute their written approval on the face of the plat map. If the city council disapproves the plat, it will be returned to the applicant with reasons for denial and conditions for compliance.
22G.090.280 Time limits for action.
Final subdivisions shall be approved, disapproved or returned to the applicant within 30
calendar days from date of filing the final subdivision for approval by the city council, unless the
applicant consents to an extension of such time period in writing. The 30-day time period shall not
commence to run until the applicant files with the city all required final subdivision documents
completed to the satisfaction of the city.
22G.090.290 Filing original plat and copies.
When the city council finds that the subdivision proposed for final approval has met all the
conditions of final approval, then the applicant shall give the original plat of said final subdivision for
recording to the Snohomish County auditor. The applicant will also furnish the city with one
reproducible mylar copy of the recorded plat and one black line copy.
22G.090.300 Valid land use – Governed by terms of final approval.
As required by RCW 58.17.170, a subdivision shall be governed by the terms of the approval
of the final plat, and any lots created thereunder shall be a valid land use notwithstanding any change
in zoning laws for a period of no less than five years from date of filing, unless the city council finds
that a change in conditions in subdivision creates a serious threat to the public health or safety.
Article IV: Short Subdivision Review
22G.090.310 Applicability – Lot number requirement.
Every division or redivision of land into nine or fewer lots, tracts, parcels, sites or divisions for
the purpose of sale, lease or transfer of ownership shall proceed in compliance with the provisions of
this chapter.
22G.090.320 Preapplication requirements.
(1) Preapplication Meeting. Prior to submittal of a short subdivision application for consideration
by the city, the applicant may request a preapplication meeting with the city staff on the express
conditions that the city, its officers, employees, shall be held harmless and released from any claims for damages arising from discussions at said preapplication meeting. The city shall provide written comments to the applicant, and may discuss the general goals and objectives of the proposal, the
overall design possibilities, the general character of the site, including environmental constraints, and
development. The focus of the meeting shall be general in nature and none of the discussions shall be
interpreted as a commitment by the city or applicant. No statements or assurances made by city
representatives shall in any way relieve the applicant of his or her duty to submit an application
Marysville Municipal Code Title 22 UDC
Title 22G-51
consistent with all relevant requirements of all pertinent city, state and federal codes, laws,
regulations and land use plans. (2) Preliminary Drawing.
(a) The applicant shall provide an accurate drawing showing proposed lot layout, existing
building location, size, access, utilities location, open space and adjacent land use. This drawing must
be provided to the city before a preapplication meeting may be scheduled.
(b) The applicant shall also provide a legal description of the property and a vicinity map.
22G.090.330 Application submittal.
(1) Fees. The applicant shall pay the required fees when submitting the short subdivision
application.
(2) Application Documents. A short subdivision application shall consist of the following
documents: application form, legal description form, declaration of ownership form, vicinity maps,
proposed plat map, adjacent property owners form and environmental checklist. The city shall provide
the above stated forms and application instructions for required documents, in which event they shall
be used by the applicant.
(3) Preliminary Short Plat Map. The proposed preliminary short plat map shall be submitted which
contains the following information:
(a) The name or title of the proposed short subdivision; (b) The date, north arrow and appropriate engineering scale as approved by the community development department (e.g., 1" = 20', 1" = 30', 1" = 40', 1" = 50', 1" = 60');
(c) Boundary lines of tract, lot lines, lot number, block number;
(d) Location and name of existing and proposed streets and right-of-way;
(e) Drainage channels, water courses, marshes, lakes and ponds;
(f) All significant wooded areas as characterized by evergreen trees eight inches in
diameter or greater and/or deciduous trees 12 inches in diameter or greater, measured four and one-
half feet above grade;
(g) Existing structures and setbacks;
(h) The location of existing driveways;
(i) All easements and uses;
(j) Existing and proposed utilities services;
(k) Fire hydrant location and distance;
(l) Five-foot contour lines;
(m) Preliminary street profile together with a preliminary grading and storm drainage plan;
(n) A typical cross-section of the proposed street improvements; (o) Any regulated sensitive area such as wetlands, steep slopes or wildlife habitat.
(4) Additional Application Requirements. If the city finds the presence of any of the following site
conditions, then the city may require the applicant to provide additional information such as detailed
studies and site plans.
(a) Site has existing slopes exceeding 15 percent for more than 50 (running) feet;
(b) Site has permanent drainage course or wetlands;
(c) Conditions exist on the site or in the area adjacent to the site which may contribute to
or cause erosion, drainage problems, surface slippage or other geological hazards;
(d) Site has other unique physical features or sensitive features;
(e) The subdivision will result in 10 or more peak-hour vehicular trips onto public streets,
or sight distance/safety concern.
(5) Subdivisions Processed Simultaneously. Unless an applicant for preliminary short subdivision
approval requests otherwise, a preliminary short plat shall be processed simultaneously with any
application for rezones, variances, planned residential development site plans, street vacations and
similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to
these actions permit simultaneous processing.
22G.090.340 Review process – City department action – State action. (1) If the preliminary short subdivision application meets all the requirements specified in MMC
22G.090.330 then the application shall be deemed complete and, the community development
department shall circulate copies of the short subdivision application to relevant city departments who
shall review the short subdivision and furnish the community development department with a report
as to the effect of the proposed short subdivision upon the public health, safety and general welfare,
Marysville Municipal Code Title 22 UDC
Title 22G-52
and containing their recommendations as to the approval of the short subdivision. The report
submitted shall include recommendations as to the extent and types of improvements to be provided. (2) The applicant shall post the property with notice signage upon official acceptance of the
application. This sign shall be supplied, organized, designed and placed as defined by the city’s
community development department. All signs described herein are exempt from the city’s zoning and
sign codes. All signs required to be posted shall remain in place until the final decision has been
reached on the preliminary short subdivision. Following that decision, the applicant must remove the
sign within 14 calendar days.
(3) The city shall send notice to adjacent property owners within 300 feet of any portion of the
subject property. Notice is deemed sent once placed in the mail.
(4) Any individual shall have 14 working days from the date of mailing in which to submit written
comments to the community development department concerning the proposed short subdivision.
(5) Once the city receives a complete application for a short subdivision which is located adjacent
to state highway right-of-way, the city shall give written notice of the application, including legal
description and location map, to the Department of Transportation. The state shall comment, within
14 calendar days of receiving the notice, regarding the effect the short subdivision may have relevant
to access to state highway.
22G.090.350 Review process – State Environmental Policy Act. Except upon lands covered by water, the approval of short plats or short subdivisions pursuant to the procedures required by RCW 58.17.060, are categorically exempt from State Environmental
Policy Act Review in accordance with WAC 197-11-800(6), but not including further short subdivision
or short platting within a plat or subdivision previously exempted.
22G.090.360 Review process – Elements considered.
The following shall provide a basis for approval or disapproval of proposed short subdivision:
(1) Public Use and Interest. Evaluation of the proposed short subdivision to determine whether the
public use and interest are served;
(2) Public Health, Safety and General Welfare. Evaluation of the proposed subdivision to
determine whether the public health, safety and general welfare has been served and that the
subdivision is consistent with the requirements of RCW 58.17.110;
(3) Comprehensive Plan. Evaluation of all elements of the comprehensive plan and its consistency
with the proposed short subdivision;
(4) Existing Zoning. Evaluation of existing zoning and its compliance with the proposed short
subdivision and Chapter 22G.090 Article V MMC, Land Division Requirements; (5) Natural Environment. Evaluation of the impacts and provision for mitigation of all impacts on
all elements of the natural environment including topography, vegetation, soils, geology and all
environmental issues as defined in the state Environmental Policy Act, Chapter 197-11 WAC and
Chapter 22G.090 Article V MMC, Land Division Requirements;
(6) Drainage. Evaluation of all drainage impacts and provisions made for mitigation of all drainage
impacts as defined in the city’s comprehensive drainage ordinance and Chapter 22G.090 Article V
MMC, Land Division Requirements;
(7) Open Space. Evaluation of all impacts and provision for open space as defined in Chapter
22G.090 Article V MMC, Land Division Requirements;
(8) Public Systems Capacity. Evaluation of all impacts and provisions made for mitigation of
impacts on public systems including parks, schools and community facilities as defined in Chapter
22G.090 Article V MMC, Land Division Requirements;
(9) Public Services. Evaluation of all impacts and provisions made for mitigation of impacts on
public services including streets, all public utilities, fire and police protection as defined in Chapter
22G.090 Article V MMC, Land Division Requirements;
(10) Floodplain. Identification of short subdivisions proposed in the floodplain and compliance with
requirements of this title and Chapter 22E.020 MMC, Floodplain Management; (11) Sidewalks. Pursuant to RCW 58.17.060 (2) the applicant shall be required to show that sidewalks are provided to assure safe walking conditions for students who walk to and from school.
22G.090.370 Review process – Decision by city.
(1) If the city engineer and community development director find that appropriate provisions have
been made according to MMC 22G.090.360, then the short subdivision may be granted preliminary
approval. If the city engineer and community development director find that the short subdivision
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Title 22G-53
does not make the appropriate provision for MMC 22G.090.360, the city may disapprove or return it to
the applicant for modification and conditions for approval. (2) The preliminary short subdivision decision shall be in writing and shall include findings of fact
and conclusions.
(3) Approval of the preliminary short subdivision by the planning director and city engineer shall
constitute authorization for the applicant to develop the short subdivision facilities and improvements
as required in the approved preliminary short subdivision.
22G.090.380 Time limits for action.
(1) Approval within 60 Calendar Days. Preliminary short subdivisions shall be approved,
disapproved or returned to the applicant within 60 calendar days from the date of filing a complete
application, unless the applicant consents to a written extension of such time period; provided, that if
an environmental impact statement is required as provided in RCW 43.21C.030, the time period shall
not include the time spent preparing and circulating the EIS.
(2) Limitation on Approval. Final short subdivision approval must be acquired within five years of
preliminary approval, after which time the preliminary short subdivision approval is void. The five-year
time frame shall commence from the effective date of the decision approving the short subdivision. An
extension may be granted by the community development director for one year if the applicant has
attempted in good faith to submit the final short plat within the five-year time period; provided, however, the applicant must file a written request with the community development director requesting the extension at least 30 days before expiration of the five-year period.
Exception: Effective until December 31, 2014, a final short subdivision meeting all requirements of
this chapter shall be submitted to the City for approval within seven (7) years to the date of
preliminary short subdivision approval pursuant to RCW 58.17.140.
22G.090.390 Final submittal – Preliminary approval compliance.
Prior to the submittal of any final short subdivision to the city for final approval, the applicant
must demonstrate compliance with the conditions of the preliminary approval and prepare and
complete to the satisfaction of the city all of the final documents.
22G.090.400 Final submittal – Short plat.
The final short plat drawings shall be on mylar drafting film having the dimensions of 18 by 24
inches. Information required shall include:
(1) The date, north arrow, and appropriate engineering scale as approved by the community
development department (e.g., 1″ = 20′, 1″ = 30′, 1″ = 40′, 1″ = 50′, 1″ = 60′); (2) Boundary lines, right-of-way for streets, easements, and property lines of lots and other sites
with accurate bearings, dimensions or angles and arcs, and of all curve data;
(3) Names and right-of-way widths of all streets within the short subdivision and immediately
adjacent to the subdivision. Street names will be consistent with the names of existing adjacent
streets;
(4) Number of each lot consecutively;
(5) Reference to private covenants or special plat restrictions either to be filed separately or on
the face of the plat;
(6) Zoning setback lines, building sites when required by the city;
(7) Existing structures, all setbacks, and all encroachments;
(8) Location, dimensions and purpose of any easements;
(9) Location and description of monuments and lot corners set and found;
(10) Primary control points, and datum elevations if applicable, approved by the public works
department. Descriptions and ties to all control points will be shown with dimensions, angles and
bearings;
(11) The final short plat will also contain the following:
(a) Dedications. The intention of the owner shall be evidenced by his presentation for filing of a final short plat clearly showing the dedication thereof and bearing the following certificate signed by all real parties of interest:
Know all men by these presents that ______ the undersigned owner(s), in fee simple of the land
hereby platted, and _______, the mortgage thereof, hereby declare this short plat and dedicate
to the use of the public forever all streets, avenues, places and sewer easements or whatever public property there is shown on the short plat and the use for any and all public purposes not inconsistent with the use thereof for public highway purposes. Also, the right to make all
Marysville Municipal Code Title 22 UDC
Title 22G-54
necessary slopes for cuts and fills upon lots, blocks, tracts, etc. shown on this short plat in the reasonable original grading of all the streets, avenues, places, etc. shown hereon. Also, the right
to drain all streets over and across any lot or lots where water might take a natural course after
the street or streets are graded. Also, all claims for damage against any governmental authority are waived which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of said roads.
Following original reasonable grading of the roads and ways hereon, no drainage waters on any
lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way to hamper proper road drainage. The owner of any lot or lots, prior to
making any alteration in the drainage system after the recording of the short plat, must make
application to and receive approval from the director of the department of public works for said
alteration. Any enclosing of drainage waters in culverts or drains or rerouting thereof across any lot as may be undertaken by or for the owner of any lot shall be done by and at the expense of
such owner.
IN WITNESS WHEREOF we set our hands and seals this ____ day of ____, 20__.
In the event that a waiver of right of direct access is included, then the certificate shall contain
substantially the following additional language:
That said dedication to the public shall in no way be construed to permit a right of direct access
to ______ street from lots numbered ____ nor shall the city of Marysville or any other local governmental agency ever be required to grant a permit to build or construct an access of
approach to said street from said lots.
(b) Acknowledgment.
STATE OF WASHINGTON)
: ss.
COUNTY OF SNOHOMISH)
This is to certify that on this ____ day of ____, 20__, before me, the undersigned, a notary public, personally appeared _____, to me known to be the person(s) who executed the foregoing dedication and acknowledgment to me that _____ signed the
same as _____ free and voluntary act and deed for the uses and purposes therein
mentioned.
Witness my hand and official seal the day and year first above-written.
NOTARY PUBLIC in and for the State of Washington, residing at ___________
(Seal)
(c) Restrictions. The following restrictions shall show on the face of the final short plat:
(i) “No further subdivision of any lot without resubmitting for formal plat or
revised short plat consistent with Title 22 of the Marysville Municipal Code.”
(ii) “The sale or lease of less than a whole lot in any subdivision platted and filed
under Title 22 of the Marysville Municipal Code is expressly prohibited except in compliance with Title
22 of the Marysville Municipal Code.”
(iii) The following shall be required when the short plat contains a private road:
The cost of construction and maintaining all roads not herein dedicated as public roads
shall be the obligation of all of the owners and the obligation to maintain shall be concurrently the
obligation of any corporation in which title of the roads and streets may be held. In the event that the owners of any lots served by the roads or streets of this short plat shall petition the council to include these roads or streets in the public road system, the petitioners shall be obligated to bring the same
to city road standards applicable at the time of petition in all respects, including dedication of rights-
of-way, prior to acceptance by the city.
(iv) “All landscaped areas in public rights-of-way shall be maintained by the
developer and his successor(s) and may be reduced or eliminated if deemed necessary for or
detrimental to city road purposes.”
(v) “The location and height of all fences and other obstructions within an
easement as dedicated on this plat shall be subject to the approval of the Director of Public Works or
his designee.”
(d) Approvals.
Marysville Municipal Code Title 22 UDC
Title 22G-55
(i) “Examined and approved this____ day of ____, 20__.
_____________________________ City Engineer, City of Marysville”
(ii) “Examined and approved this____ day of ____, 20__.
___________________________________________
Community Development Director, City of Marysville”
(e) Certificates.
(i) “I hereby certify that the short plat of ____ is based upon an actual survey
and subdivision of Section ___, Township ___ North, Range ___ EWM as required by the state
statutes; that the distances, courses and angles are shown thereon correctly; that the monuments
shall be set and lot and block corners shall be staked correctly on the ground, that I fully complied
with the provisions of the state and local statutes and regulations governing platting.
_____________________________
Licensed Land Surveyor
(Seal)”
(ii) “I hereby certify that all state and county taxes heretofore levied against the
property described herein, according to the books and records of my office, have been fully paid and
discharged, including ____ taxes.
_____________________________ Treasurer, Snohomish County” (iii) “Filed for record at the request of ____ this ____ day of ___, 20__, at ___
minutes past __m, and recorded in Vol. __ of Plats, page __, records of Snohomish County,
Washington.
_____________________________
Auditor, Snohomish County”
22G.090.410 Final submittal – Vicinity map.
A vicinity sketch clearly identifying the location of the property must be prepared and
completed.
22G.090.420 Final submittal – Restrictions and covenants.
Copies of restrictions and covenants, if any, proposed to be imposed upon the use of the land
must be prepared and completed.
22G.090.430 Final submittal – Short subdivision title report. All final short subdivision applications shall be accompanied by a title company certification
current to within 30 days from filing of final short plat; provided, however, the applicant shall be
responsible for updating the title report to ensure that it is current of the time of final short plat
review. This report must confirm that the title of the lands as described and shown on the declaration
of ownership is in the name of the owners signing the declaration.
22G.090.440 Final submittal – Legal descriptions.
All final short subdivision applications shall have a legal description of the entire parcel to be
short subdivided, each lot, easement and tract to be created and shall be on forms acceptable to the
city and stamped “Registered Land Surveyor.”
22G.090.450 Final submittal – Declaration of ownership.
All final short subdivision applications shall be accompanied by notarized signatures of all
owners that have interest in the property to be short subdivided on the declaration of ownership form
provided by the city. If the plat is subject to a dedication, the certificate listed in MMC 22G.090.400
(11)(a) or a separate written instrument shall also contain the dedication of all streets and other areas
to the public, an individual or individuals, religious society or societies or to any corporation, public or private or other legal entity as shown on the short plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established
construction, drainage and maintenance of the road. The certificate or instrument of dedication shall
be signed and acknowledged before a notary public by all parties having any ownership interest in the
land subdivided and recorded as part of the final short plat.
Marysville Municipal Code Title 22 UDC
Title 22G-56
22G.090.460 Final submittal – Contiguous parcel owners. Name and address of contiguous parcel owners on the property owner’s form must be
prepared and completed.
22G.090.470 Final submittal – Survey.
Final short plats must be accompanied by a complete survey in accordance with MMC
22G.090.780.
22G.090.480 Final approval – Procedure.
(1) The community development director and public works director shall determine that the short
subdivision proposed for final approval conforms to all the terms of preliminary approval, and that the
short subdivision meets the requirements of this title, applicable state laws and all other local
ordinances adopted by the city which were in effect at the time of preliminary approval.
(2) If the conditions have been met, the community development director and public works
director shall inscribe and execute their written approval on the face of the plat map.
22G.090.490 Recording requirement.
When the city finds that the short subdivision proposed for final approval meets all the conditions of final approval and the requirements of this title and state law and all other local ordinances adopted by the city which were in effect at the time of preliminary approval, then the
applicant shall record the original of said final short subdivision with the county auditor. The applicant
must provide the city with a mylar copy of the recorded short plat before the short subdivision
becomes valid.
22G.090.500 Resubdivision restrictions.
(1) Land within an approved short subdivision shall not be resubdivided for a period of five years
from the date of final approval of the short subdivision without the submission and approval of a final
subdivision pursuant to all provisions of this title concerning the subdivision of land into 10 or more
lots, tracts or parcels.
(2) When the original short subdivision contains nine or fewer lots, the above restrictions shall not
apply to the creation of additional lots, not exceeding a total of nine. In that case, a new application
must be filed and processed. After five years, further division may be permitted when otherwise
consistent with the regulations of the city.
(3) Where there have been no dedications to the public and no sales of any lots in a short subdivision, nothing contained in this section shall prohibit a subdivider from completely withdrawing
his entire short subdivision and thereafter presenting a new application.
Article V: Land Division Requirements
22G.090.510 Standards generally.
The following standards set forth in this chapter are to be used for division and redivisions of the land.
22G.090.520 Provisions for approval.
No division or redivision of land shall be approved unless appropriate provisions are made for, but not
limited to, the public health, safety and general welfare, relating to open space, drainage ways,
streets, alleys, other public ways, water supplies, sanitary wastes, parks, school facilities and other
standards as may be required by this title.
22G.090.530 Public use reservations.
(1) Reservation or Dedication. If the city concludes in the review of the subdivision or short
subdivisions that the dedication or reservation of areas or sites for school facilities, park land, and playgrounds are reasonably necessary and are a direct result of the proposal and are consistent with the capital facilities element of the comprehensive plan, the city may require that such reservation or
dedication be provided.
(2) Street Right-of-way Realignment or Widening.
(a) If the city concludes that the street right-of-way adjacent to a proposed division of
land is inadequate for widening and realignment of the existing street, then the city may require a
dedication of necessary right-of-way and improvement of that right-of-way.
Marysville Municipal Code Title 22 UDC
Title 22G-57
(b) The city may allow up to 10 percent deviation in minimum lot size in short subdivisions
only if the requirement of a dedication of right-of-way on an existing publicly improved street reduces a proposal below the minimum zoning code requirements.
(3) Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of
dedication of land or to mitigate a direct impact that has been identified as a consequence of a
proposed subdivision or short subdivision as authorized in Chapter 82.02 RCW and Chapter 22D.010
MMC.
22G.090.540 Design with environment required.
Information generated through the environmental review process will be used in designing the
subdivision and short subdivisions in such a way as to mitigate potential adverse environmental
impacts.
22G.090.550 Divisions of land with existing structures.
(1) When divisions or redivisions of land are submitted proposing the creation of new lots with
existing structures, the existing structures shall comply with all zoning code requirements including,
but not limited to, such things as setback requirements, parking requirements and height standards;
provided, however, if the structures are legal nonconforming buildings, nothing shall prohibit the
division of such land, so long as the division does not increase or intensify the nonconforming nature of the structure. (2) Exception. If the existing structure cannot meet setback requirements and the structure(s) is a
legal nonconforming structure, the applicant may then apply for a variance under MMC 22G.090.820.
22G.090.560 Building design with natural slope.
The design and development of subdivisions shall attempt to preserve the topography of the
site by selection and location of buildings which fit the natural slope of the land. Proposals to alter
geologic hazard areas will be reviewed in accordance with Chapter 22E.010 MMC, Critical Areas
Management.
22G.090.570 Landscaping requirements.
Landscaping shall be in conformance with Chapter 22C.120 MMC, Landscaping and Screening;
provided, that for all new divisions of land, the applicant shall provide a landscape/reforestation plan
that will include, but not be limited to, the following:
(1) Street trees spaced 40 feet on center. Street trees shall be a minimum of one and one-half
inches in caliper and six to eight feet high at the time of planting. Tree species should be selected from the city’s recommended street tree listing in the administrative landscape guidelines. Placement
of street trees and treatment of the planting strip shall be subject to the street tree standards set
forth in the Engineering Design and Development Standards, Section 3-504, Street Trees and
Landscaping, and Standard Plan 3-504-001.
(2) Significant trees, which include evergreen trees eight inches in diameter or greater and/or
deciduous trees 12 inches in diameter or greater measured four and one-half feet above grade, shall
be retained as follows:
(a) Perimeter landscaped areas that do not constitute a safety hazard shall be retained.
(b) At the discretion of the community development director, the applicant shall be
required to hire a certified arborist to evaluate trees proposed for retention, including those located
within NGPA tracts (specifically along the fringes) or other areas as identified. The arborist shall make
a written recommendation to the community development department with regards to the treatment
of the treed area. In the event of an immediate hazard, this requirement shall be waived.
(c) To provide the best protection for significant trees during the construction stage, the
applicant shall install a temporary, five-foot high, orange clearing limits construction fence in a line
generally corresponding to the drip line of any significant tree(s) to be retained. All such fencing shall
be installed and inspected by the community development department prior to commencement of site work. (d) At the discretion and approval of the community development director, where it is not
feasible and/or desirable to retain the significant trees, the applicant may propose a planting plan on
an alternative site or area, or payment into the city tree fund, that provides effective replacement of
the functions and/or value lost through removal of the significant trees.
22G.090.580 Fence requirements.
Marysville Municipal Code Title 22 UDC
Title 22G-58
Prior to preliminary plat or short plat approval, it shall be determined whether a six-foot high,
sight-obscuring fence shall be required along the affected perimeter of new formal single-family subdivisions or short subdivisions. A fence shall be required when one or more of the following criteria
have been met (unless waived by adjacent property owner):
(1) If it is determined during grading plan review that the existing grade will be increased by a
two-foot or greater vertical grade change and the grade increase causes the newly created lots to be
at a higher elevation than the abutting property. The grade change shall be measured from the
affected property line to the foundation wall of the newly constructed dwelling. In the case of formal
subdivisions, the fencing issue shall be determined by the hearing examiner at the public hearing for
the preliminary plat. The community development director shall be responsible for determining the
fencing requirements for short subdivisions. The community development director’s decision may be
appealed to the hearing examiner, in accordance with MMC Chapter 22G.010 MMC Article VIII -
Appeals.
(2) If a newly created lot contains a front yard that directly abuts the rear yard of an adjacent
property, and the existing lot contains a dwelling unit that is located within 20 feet of the newly
created lot.
(3) If a newly constructed plat road (public or private) directly abuts either the side or rear yard of
a residentially developed property, and the existing dwelling unit is located within 20 feet of the newly
constructed road. All required fencing shall be constructed prior to final plat and/or short plat approval. Where existing trees and associated vegetation or existing fencing serve the same or similar function on
either the subject property or the abutting property, they shall have priority over and may be
substituted for the required fencing, provided the following conditions are met:
(a) Supplemental landscaping is provided within or adjacent to these areas, as necessary, to
accomplish the specific intent of this section.
All required screening shall be reviewed to ensure that access and connectivity between
single-family developments are not being precluded as a result of these requirements.
22G.090.590 Floodplain requirements.
Land identified in “The Flood Insurance Study for the City of Marysville” dated September 16,
2005, as amended, with accompanying Flood Insurance Rate Maps (FIRM), as amended, shall not be
subdivided unless the requirements of floodplain regulations are met.
22G.090.600 Street improvements.
(1) Street Standards. All streets shall be built to current city standards and meet minimum requirements as defined in the city of Marysville engineering design and development standards. The
minimum requirement for each street classification shall be based on the maximum potential number
of dwelling units served by the logical extension of common streets to serve other land.
(2) Whenever a division or redivision of land is on an existing public street such frontage shall be
improved to current city standards.
(3) Local streets shall be laid out to discourage use by through traffic.
(4) The use of curvilinear streets and loop access roads shall be encouraged where such use will
result in a more desirable layout.
(5) Proposed streets shall be extended to the boundary lines of the tract to be subdivided and
short subdivided unless prevented by topography or other physical conditions, and in the opinion of
the city engineer such extension is not necessary or desirable for the coordination of the layout of the
subdivision or short subdivision with the existing road network, master street plan for the city, or the
most advantageous future development of adjacent tracts.
(6) Right-of-way width in excess of the city standards may be required due to topography or other
special circumstances.
(7) Access Easement Exception. The city may, at the request of the applicant in a short
subdivision, only allow access to lots by easement when in the opinion of the city engineer: (a) The improvement of a public street is not necessary to facilitate adequate supply of water, sewer and utilities;
(b) The improvement of a public street is not necessary to provide on-street parking;
(c) The improvement of a public street is not necessary to provide access to potential
additional lots or future developable area;
(d) The improvement of a public street is not necessary to protect the public health,
safety and welfare of the residence and general public.
Marysville Municipal Code Title 22 UDC
Title 22G-59
(8) The computations for complying with the zoning code minimum lot size shall not include the
access easement area. (9) For any easement with public utilities, the city engineer shall determine easement width.
22G.090.610 Pedestrian improvements.
(1) Pedestrian Access. In order to facilitate pedestrian access from the streets to schools, parks,
playgrounds or other nearby streets, the city may require perpetual unobstructed easements.
Easements shall be noted on the face of the final plat.
(2) When a proposed division or redivision of land is on an established bus route, the applicant
may be required to provide a bus shelter. The city engineer shall make this decision as it relates to the
potential needs of the development.
22G.090.620 Drainage improvements.
(1) Drainage improvements shall be required as specified in MMC Title 14. Use of low impact
development methods to mimic predevelopment hydrologic functions and manage storm water
through natural processes is encouraged.
(2) Drainage Easements. When a subdivision or short subdivision is traversed by a watercourse,
drainageway, channel or stream, the applicant shall provide a drainage easement or drainage right-of-
way conforming substantially to the lines of the watercourse or drainageway. The easement or drainage right-of-way shall be maintained in its natural state with proper setback and landscaping as approved by the city.
22G.090.630 Sewer improvements.
All sewer improvements will be per city standards.
22G.090.640 Water improvements.
All water improvements will be per city standards.
22G.090.650 Fire hydrant improvement.
(1) Fire hydrants shall be installed per city’s fire code.
(2) Fire hydrants must be approved and operating prior to framing of buildings.
22G.090.660 Clearing and grading.
(1) Before any site modification where existing natural features would be disturbed or removed, a
grading plan must be submitted to the city and approved by the city showing the extent of the proposed modification.
(2) Debris, waste, trees, timber, junk, rubbish or other materials of any kind shall not be buried in
any land or deposited in any surface water.
(3) All erosion control plans must be in compliance with city standards and MMC Title 14.
(4) In critical drainage areas no clearing of lots shall be allowed until building permits and/or a
grading permit has been issued.
22G.090.670 Lot requirements.
(1) Lot arrangement shall be related to the natural features of the site and provide a suitable
building site and driveway access from existing or proposed streets.
(2) Double-frontage lots shall be avoided whenever possible.
(3) Lots shall not, in general, access off of arterials. Where driveway access from a street may be
necessary for several adjoining lots, the city may require that such lots be served by combined access
points and driveways designed or arranged so as to avoid requiring vehicles to back into traffic.
(4) Residential lots must have a front yard setback orientation toward the public street or
easement access.
(5) Interior lot lines should be composed of straight lines. (6) Residential lots shall maintain the minimum setback requirements as specified by the city’s zoning ordinance, unless shown otherwise on the final plat or short plat, as a building site. In no case
shall the city staff or the hearing examiner grant a deviation from the setback requirement on an
exterior lot line on abutting property under separate ownership without following the procedure of
MMC 22G.090.820.
(7) Residential lots shall maintain a minimum lot width as required by the city’s zoning ordinance.
Marysville Municipal Code Title 22 UDC
Title 22G-60
(8) Panhandle-shaped lots shall only be permitted in a residential subdivision or short subdivision
if the following are met: (a) The minimum width of the minor access portion shall be 20 feet;
(b) The computations for complying with the zoning code minimum lot size shall not
include the minor portion of a panhandle-shaped lot;
(c) No panhandle-shaped lot shall be permitted in short subdivisions where the ownership
is common with a contiguous property;
(d) Side-by-side panhandles in subdivisions are not permitted;
(e) No panhandle-shaped lot will be permitted if there is a potential for additional
development, unless adequate area is left for the future development potential; and
(f) All panhandle access drives shall comply with easement access standards, including
type of units allowed and improvements required.
22G.090.680 Utilities improvements.
All utility facilities shall be per city standards.
22G.090.690 Easements.
Permanent easements shall be provided for utilities and other public services identified at the
time of preliminary plat approval. 22G.090.700 Public uses, park, playground and recreation areas.
(1) Each division or redivision of land shall be required to reserve for passive or active recreation,
a designated area within the subdivision or short subdivision based on a minimum of five acres per
1,000 people as deemed reasonably necessary as a direct result of the proposed subdivision or short
subdivision.
(2) Such land reserved for recreation purposes shall be a suitable location for proposed recreation
uses.
(3) Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of
dedication of land to mitigate a direct impact that has been identified as a consequence of a proposed
subdivision or short subdivision as authorized in Chapter 82.02 RCW and Chapter 22D.010 MMC.
22G.090.710 Underground wiring.
It is the intent of this provision to eliminate insofar as possible the installation of overhead wires and
of wire carrying poles within residential subdivisions and short subdivisions being henceforth
developed under this title. (1) All subdivisions or short subdivisions shall have all necessary power lines, telephone wires,
television cables, fire alarm systems and other communication wires, cables or lines placed in
underground location either by direct burial or by means of conduit or ducts and with the exception of
the city fire alarm system, providing service to each lot or potential building site in the plat.
(2) All such underground installations or systems shall be approved by the appropriate utility
company and shall adhere to all governing applicable regulations including but not limited to the city
and state applicable regulations and specific requirements of the appropriate utility.
(3) If the appropriate utility company will not approve an underground installation or system
because it cannot reasonably be installed according to accepted engineering practices, applicant may
request a waiver of the requirement of underground installations or systems to the city engineer. If
the city engineer concurs that under accepted engineering practices underground installations or
systems cannot reasonably be installed he shall grant the waiver. If the city engineer does not concur,
he shall make recommendations relating to the undergrounding of electrical service to the applicant
for transmittal to the appropriate utility company.
(4) All utility easements within a proposed subdivision and short subdivision shall be approved by
the appropriate utility company before final acceptance of the plat and shall be shown in their exact
location on the final drawing of said subdivision or short subdivision. (5) Nothing in this section or any other section of this title in relation to underground wiring shall apply to power lines carrying a voltage of 15 KV or more, nor shall it be construed to prohibit the
placement of pad mounted transformers, terminal pedestals or other electrical and communications
devices above ground, as determined by the appropriate utility involved.
22G.090.720 Improvements – Smooth transition required.
Marysville Municipal Code Title 22 UDC
Title 22G-61
All improvements required by this title shall be extended as necessary to provide a smooth
transition with existing improvements, both laterally across the street and longitudinally up and down the street, for utilities, vehicular and pedestrian traffic.
22G.090.730 Improvements – Utility improvement plans.
All street and utility improvement plans shall be prepared by a state of Washington licensed
civil engineer to meet city standards. All plans shall be prepared on reproducible mylar material and
presented to the city for approval.
22G.090.740 Improvements – Acceptance.
The city engineer is authorized to accept all improvements and/or right-of-way dedication
required in this title on behalf of the city.
22G.090.750 Performance guarantee requirements.
(1) Site improvements shall be completed prior to approval of the final plat or short plat, or at the
discretion of the city engineer, or his designee, security for performance in accordance with the
provisions of Chapter 22G.040 MMC may be supplied. The duration for any such security for
performance shall not be longer than one year.
(2) Security for performance shall not be released until all applicable departments responsible for acceptance and maintenance of improvements have approved said release.
22G.090.760 Site improvements designated.
Site improvements shall include, but are not limited to: grading of entire width of street
rights-of-way, asphalt/concrete surfacing of roadways (as per city standards contained in the street
code), curbs, gutters and sidewalks constructed according to the street code, and construction of
drainage facilities included in the preliminary plat. The requirement for curbs and gutters may be
waived by the city engineer if bioretention facilities are approved for managing storm water runoff
from the street. Flow through curbs may be required by the city engineer. The developer shall request
inspection of the improvements by the city engineer or his designee at the following times:
(1) Erosion control measures are installed;
(2) Rough grading is complete and prior to placing pit run;
(3) Storm water management facility completion;
(4) Roadway and frontage improvement completion;
(5) When all improvements, including monuments, have been placed.
All improvements which do not meet city standards shall be immediately replaced or repaired prior to proceeding. The city engineer, or his designee, will inform the developer in writing of any
improvements which are not acceptable.
22G.090.770 Warranty requirements for acceptance of final improvements.
(1) After satisfactory completion of roadway improvements, including streets, curbs, gutters and
sidewalks, and storm water drainage improvements, and after satisfactory completion of on-site
retention facilities, if any, the developer shall provide the city with security for maintenance in
accordance with the provisions of Chapter 22G.040 MMC. The warranty period for the security for
maintenance shall be a minimum of two years.
(2) For the purpose of this title, final approval shall not be given until such time as all of the
required improvements have been satisfactorily installed in accordance with the requirements of
preliminary approval or security for performance and security for maintenance has been provided and
accepted by the city.
22G.090.780 Survey requirement.
(1) A survey for division and redivision must be conducted by or under the supervision of a
licensed land surveyor registered in the state of Washington. The surveyor shall certify on the plat or short plat that it is a true and correct representation of the lands actually surveyed and the survey was done in accordance with city and state law.
(2) In all subdivisions and short subdivisions, lot corner monuments must be set before final
approval can be granted.
(3) In all subdivisions and short subdivisions, perimeter monuments must be set before final
approval can be granted.
Marysville Municipal Code Title 22 UDC
Title 22G-62
(4) In all subdivisions and short subdivisions, control monuments must be set before final
acceptance of public improvements. Performance guarantees must include the installation of all control monuments. Control monuments must be installed per city design and construction standards.
(5) In all subdivisions and short subdivisions where final approval is to be granted by the
acceptance of a performance guarantee, lot corner and perimeter monuments must be set. The
performance guarantee must include the resetting of any monument that has been lost during
construction of public improvements.
22G.090.790 Dedication – Statutory warrant deed.
Any dedication, donation or grant as shown on a short plat or plat map shall constitute a statutory
warranty deed to said grantee for the use intended.
22G.090.800 Divisions of land adjacent to small farms overlay zone.
For all proposed divisions or redivisions of land which are located adjacent to a small farm that
has been in existence for at least two years preceding the application for new development, a six-foot-
high, sight-obscuring chain link fence shall be required along the property line, unless the developer
demonstrates by clear and convincing evidence that a different barrier would be as adequate to
protect the small farm. The following alternative methods of sight-obscuring screening may be
utilized, but shall not be limited to (the applicant shall demonstrate to the community development department that the screening method proposed provides the greatest amount of protection relative to the type of adjacent agricultural use):
(1) Protected sensitive areas and their related buffers may be utilized, if directly adjacent to the
small farms overlay zone; or
(2) An existing vegetative buffer which provides adequate screening and separation between the
small farm use and the proposed subdivision.
Article VI: Tax Segregated Lots
22G.090.810 Subdivision requirements.
(1) Tax lots created through the tax segregation process, Chapter 84.56 RCW, are not recognized
as lots for the purpose of the city subdivision ordinance and zoning code unless they have been
formally divided pursuant to the requirements of Chapter 58.17 RCW and applicable city ordinance. If
the lots have not been formally divided pursuant to the requirements of Chapter 58.17 RCW and
applicable city ordinances, then they must be subdivided or short subdivided in accordance with the
requirements of this title; provided, however, lots which have been created solely through the tax segregation process shall not be required to be divided in accordance with the requirements of
Chapter 58.17 RCW and this title if they meet the following requirements:
(a) The lots were created by the tax segregation process defined in Chapter 84.56 RCW
prior to August 10, 1969; and the lots meet all zoning regulations in effect at the time they were
created;
(b) In the event the subject property has been annexed into the city, the property must
meet county zoning regulations as of the time of annexation.
(2) If a tax segregated lot was created prior to August 10, 1969, and does not meet the zoning
requirements set forth in subsection (1)(a) of this section, an application for a variance as set forth in
MMC 22G.090.820 may be made to the hearing examiner. When considering the variance, the hearing
examiner may consider as an “exceptional circumstance or condition” for purposes of MMC
22G.090.820 (5)(a), when appropriate for the subject property, whether building permit(s) were
issued by the city and whether the information provided by the applicant when applying for said
building permit(s) was complete and accurate. In granting a modification/variance the hearing
examiner may impose as a condition of approval, any conditions which the hearing examiner
determines to be necessary for the health, safety and welfare of the general public.
Article VII: Modifications and Variances
22G.090.820 Modifications and variances.
(1) Applications for variances are limited to the following sections of this title: MMC 22G.090.550,
22G.090.600(6), 22G.090.600(13)(b), 22G.090.670 and 22G.090.810. Variances are not permitted
from other sections of this title.
Marysville Municipal Code Title 22 UDC
Title 22G-63
(2) For subdivisions and short subdivisions, a request for a variance of more than 10 percent shall
be considered by the hearing examiner. The application shall be submitted with the subdivision or short subdivision application.
(3) For subdivisions and short subdivisions, a request for a variance of less than or equal to 10
percent shall be considered by the community development director. The application shall be
submitted with the subdivision or short subdivision application.
(4) All variances to new lots created under this subdivision code relating to MMC 22G.090.550 and
22G.090.670 shall be heard by the hearing examiner or community development director per
subsections (2) and (3) of this section. The hearing examiner shall hear requests for variances made
pursuant to MMC 22G.090.600(6), 22G.090.600(13)(b) and 22G.090.810.
(5) In order for the community development director or hearing examiner to grant a variance, he
or she must find that all of the following conditions have been met:
(a) There are exceptional circumstances or conditions such as: location of existing
structures, lot configuration, topographic or unique physical features that apply to the subject
property which prohibit the applicant from meeting the standards of this title;
(b) The authorization of the variance will not be detrimental to the public welfare or
injurious to the property in the vicinity or zone in which the property is located; and
(c) A hardship would be incurred by the applicant if required to comply with the strict
application of the section or sections identified in subsection (1) of this section. (6) The filing of an application with the city requesting a variance shall stay the running of the time period for preliminary subdivision and short subdivisions approval as is set forth in Chapter 22G.090
MMC Article II, Preliminary Subdivision Review, and Chapter 22G.090 MMC Article IV, Short
Subdivision Review.
Article VIII: Appeals
22G.090.830 Preliminary subdivision – Appeals of hearing examiner
decisions.
All decisions rendered by the hearing examiner on preliminary subdivisions shall be appealed pursuant
to the provisions of Chapter 22G.010 MMC Article VIII - Appeals.
22G.090.840 Short subdivisions – Appeals to hearing examiner.
(1) All appeals of decisions relating to short subdivisions shall be made to the hearing examiner.
Such appeals must be made in writing and filed with the office of the hearing examiner within 14
calendar days from the date on which the preliminary decision was rendered. (2) The written appeal shall include a detailed explanation stating the reason for the appeal. The
decision of the hearing examiner shall be final with a right of appeal to superior court as provided in
MMC 22G.010.540.
(3) Standing to appeal to the hearing examiner is limited to the following:
(a) The applicant or owner of the property on which the short subdivision is proposed;
(b) Any aggrieved person who will thereby suffer a direct and substantial impact from the
proposed short subdivision; and
(c) RCW 58.17.180 grants standing to property owners within 300 feet of the subject property.
22G.090.850 Time period stay – Effect of appeal.
The filing of an appeal shall stay the running of the time periods for subdivision and short
subdivision approval as are set forth in this article.
Article IX: Enforcement and Penalties
22G.090.860 Delegation of responsibilities.
Whenever the terms of this title specifically authorize the community development director or the city engineer to perform specific acts, the community development director and city engineer are authorized to delegate those specific responsibilities to members of their respective staffs.
22G.090.870 Compliance – Prior provisions – Transition.
All applications for preliminary subdivisions and short subdivisions which are properly filed
with the city on or after the fifteenth day following the validation date of the ordinance codified in this
title shall proceed in full compliance with the requirements of this article as it presently is or is
Marysville Municipal Code Title 22 UDC
Title 22G-64
hereafter amended and state law. All other subdivisions and short subdivisions which received
preliminary approval prior to the fifteenth day following the validation date of the ordinance codified in this title shall comply with the requirements of the prior subdivision code and state law.
22G.090.880 Effect of noncompliance.
No building permit or other development permit including approvals for preliminary
subdivisions and short subdivisions shall be issued for any lot or parcel of land divided in violation of
Chapter 58.17 RCW or this title. All purchases or transfers of property shall comply with the provisions
of Chapter 58.17 RCW and this title, and each purchaser, transferee or other legal entity may recover
his damages from any person, firm, corporation or agent selling or transferring land in violation of
Chapter 58.17 RCW or this title, including any amount reasonably spent as a result of an inability to
obtain any development permit and spent to conform to the requirements of Chapter 58.17 RCW and
this title as well as the cost of investigation, suit and reasonable attorney’s fees. A purchaser,
transferee or other legal entity may, as an alternative to conforming the property to these
requirements, rescind the sale or transfer and recover the cost of investigation, suit and reasonable
attorney’s fees.
22G.090.890 Filing unapproved subdivisions or short subdivisions.
The county auditor shall refuse to accept the filing of any division or redivision of land that has not been approved by the city in accordance with the provision of this title. Should any division or redivision of land be filed without such certification, as set forth in Chapter 22G.090 MMC Article III,
Final Subdivision Review, and Chapter 22G.090 MMC Article IV, Short Subdivision Review, the city
attorney may apply for a writ of mandamus on behalf of the city directing the auditor to remove the
unapproved subdivision from the auditor’s files.
22G.090.900 Violation – Injunctive action.
Any violation of the provisions of this title constitutes a public nuisance per se which the city
can abate by action in Snohomish County superior court. All costs of such action, including attorney
fees, shall be taxed against the violator.
22G.090.910 Violation – Exception.
If performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or
parcel of land following preliminary plat or preliminary short plat approval is expressly conditioned on
the recording of the final plat or short plat containing the lot, tract or parcel under this title, the offer
or agreement is not a violation of any provisions of this title. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated
trust account and no disbursement to sellers shall be permitted until the final plat or short plat is
recorded.
22G.090.920 Provisions nonexclusive.
Penalty and enforcement provisions provided in this title are not to be exclusive, and the city
may pursue any remedy or relief it deems appropriate.
22G.090.930 Rules and regulations.
The city’s community development director is authorized to promulgate rules and regulations
which are consistent with the terms of this title.
22G.090.940 Severability.
If any provision of this title shall be declared unconstitutional or invalid by any court of
competent jurisdiction, it shall be conclusively presumed that this title would have been enacted
without the provision so held unconstitutional or invalid, and the remainder of this title shall not be
affected as a result of said part being held unconstitutional or invalid. 22G.090.950 Savings.
Nothing contained in this title shall be construed as abating any action now pending under or
by virtue of any ordinance of the city herein repealed, or as discontinuing, abating, modifying or
altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or
corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the
time of passage of the ordinance codified in this title.
Marysville Municipal Code Title 22 UDC
Title 22G-65
Chapter 22G.100 BINDING SITE PLAN
Sections:
Article 1: General Provisions ...................................................................66
22G.100.010 Title for citation. .........................................................................66
22G.100.020 Authority. ..................................................................................66
22G.100.030 Purpose. ....................................................................................66
22G.100.040 Jurisdiction. ...............................................................................66
22G.100.050 Applicability. ..............................................................................66
22G.100.060 Administration............................................................................66
22G.100.070 Inscription. ................................................................................66
Article II: Preliminary Review Process ....................................................67
22G.100.080 Preapplication requirements. ........................................................67
22G.100.090 Application submittal. ..................................................................67
22G.100.100 Action by city departments. .........................................................68
22G.100.110 Preliminary approval – Effect. ......................................................68
22G.100.120 Time limitation for action. ............................................................68
Article III: Final Review Process ...............................................................69
22G.100.130 Preliminary approval compliance. .................................................69 22G.100.140 Binding site plan – Requirements. .................................................69 22G.100.150 Binding site plan – Certifications required – Requirements. ..............69
22G.100.160 Binding site plan – Title report. ....................................................70
22G.100.170 Binding site plan – Survey required. .............................................70
22G.100.180 Approval procedure.....................................................................70
22G.100.190 Recording requirements. .............................................................70
22G.100.200 Development requirements. .........................................................70
Article IV: Standards ................................................................................70
22G.100.210 Approval....................................................................................70
22G.100.220 Public use reservations. ...............................................................71
22G.100.230 Design with environment. ............................................................71
22G.100.240 Development with existing structures. ...........................................71
22G.100.250 Site-specific energy conservation. .................................................71
22G.100.260 Floodplain regulations. ................................................................71
22G.100.270 Landscaping. ..............................................................................71
22G.100.280 Parking. ....................................................................................71 22G.100.290 Loading areas. ...........................................................................71
22G.100.300 Outdoor storage. ........................................................................71
22G.100.310 Signs. .......................................................................................71
22G.100.320 Lots. .........................................................................................71
22G.100.330 Building setbacks. .......................................................................71
22G.100.340 Fire hydrants. ............................................................................72
22G.100.350 Access and circulation. ................................................................72
22G.100.360 Street frontage...........................................................................72
22G.100.370 Sewer improvements. .................................................................72
22G.100.380 Water improvements. .................................................................72
22G.100.390 Drainage improvements. .............................................................72
22G.100.400 Clearing and grading. ..................................................................72
22G.100.410 Utilities improvements. ...............................................................72
22G.100.420 Easements. ................................................................................72
22G.100.430 Underground wiring. ...................................................................72
22G.100.440 Improvements – Smooth transition required. .................................73
22G.100.450 Utility improvement plans. ...........................................................73 22G.100.460 Acceptance of improvements. ......................................................73 22G.100.470 Performance guarantee requirements. ...........................................73
22G.100.480 Site improvements designated. ....................................................73
22G.100.490 Warranty requirements for acceptance of final improvements. .........73
22G.100.500 Survey required. ........................................................................73
22G.100.510 Dedication – Warranty deed. ........................................................74
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Title 22G-66
Article V: Modifications ...........................................................................74
22G.100.520 Modification. ..............................................................................74 Article VI: Appeals....................................................................................74
22G.100.530 Appeals to hearing examiner. .......................................................74
Article VII: Enforcement and Penalties ......................................................74
22G.100.540 Enforcement. .............................................................................74
22G.100.550 Violation – Nuisance declared. ......................................................74
22G.100.560 Provisions not exclusive...............................................................75
22G.100.570 Severability. ..............................................................................75
22G.100.580 Savings. ....................................................................................75
Article 1: General Provisions
22G.100.010 Title for citation.
This article shall be known as the binding site plan ordinance of the city. The requirements set
forth in this article are applicable to all divisions of land zoned business, commercial and industrial
within the city.
22G.100.020 Authority. These regulations are authorized by Chapter 58.17 RCW and all other applicable state laws and city ordinances.
22G.100.030 Purpose.
It is the intent and purpose of this article to establish an alternative process to subdividing and
short subdividing of land as provided in the city’s subdivision ordinance. The binding site plan review
process is approval of a division of land with an overall site plan. The binding site plan shall promote
the harmonious development of such properties in a manner that will have the most beneficial
relationship between the development of the land and such things as the circulation of traffic, the
effective use of utilities, adequate landscaping, parking, loading, refuse disposal, outdoor storage and
pedestrian flow.
22G.100.040 Jurisdiction.
These regulations shall apply to all properties which are exempt from the city’s subdivision
code pursuant to RCW 58.17.040(4) or (7) and which are being divided through the binding site plan
process in business, commercial, and industrial zones or in a residential zone if the division complies with the planned residential development provisions of Chapter 22G.080 MMC and with MMC
22G.100.070.
22G.100.050 Applicability.
Any person, firm, corporation or other entity which does not divide their property per the city’s
subdivision ordinance and seeks to divide business, commercial, industrial or residential zoned land for
the purpose of sale, lease or transfer of ownership is required to apply for and complete a binding site
plan as is required by this title.
22G.100.060 Administration.
The director and the city engineer shall have the duty and responsibility of administering the
provisions of this title.
22G.100.070 Inscription.
All binding site plans exempt under RCW 58.17.040(7) shall have the following inscription:
All development and use of the land described herein shall be in accordance with this binding site plan,
as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development
and use thereof. Upon completion, the improvements on the land shall be included in one or more
condominiums or owned by an association or other legal entity in which the owners of units therein or
their owners’ associations have a membership or other legal or beneficial interest. This binding site
plan shall be binding upon all now or hereafter having any interest in the land described herein.
Marysville Municipal Code Title 22 UDC
Title 22G-67
Article II: Preliminary Review Process
22G.100.080 Preapplication requirements.
(1) Meeting. Prior to submittal of a binding site plan application for consideration by the city, the
applicant may request a preapplication meeting with the city staff on the express condition, that the
city, its officers, employees shall be held harmless and released from any claims from damages arising
from discussions at said preapplication meeting. The city shall provide written comments to the
applicant, and the applicant may discuss the general goals and objectives of the proposal, the overall
design possibilities, the general character of the site, environmental constraints and standards of
development. The focus of the meeting shall be general in nature and none of the discussions shall be
interpreted as a commitment by the city or applicant. No statements or assurances made by city
representatives shall in any way relieve the applicant of his or her duty to submit an application
consistent with all relevant requirements of all pertinent city, state and federal codes, laws,
regulations and land use plans.
(2) Preliminary Drawings.
(a) Binding Site Plan. The applicant shall provide an accurate preliminary drawing to scale
showing lot layout, dimensions, circulation, building location, parking, landscaping and utilities.
(b) Legal Description. The applicant shall provide a legal description of the property.
(c) Vicinity Map. The applicant shall provide a vicinity sketch of the subject area. (3) Scheduling of Meeting. All information set forth in subsection (2) of this section must be provided to the city before a preapplication meeting may be scheduled.
22G.100.090 Application submittal.
(1) Fees. The applicant shall pay the required fees as set forth in the city’s fee schedule or other
applicable resolutions or ordinances when submitting the binding site plan application.
(2) Application Documents. An applicant for a binding site plan shall submit an application, form,
legal description of the property, a vicinity map, declaration of ownership, a listing of the names and
addresses of the adjacent property owners, an environmental checklist and a proposed binding site
plan.
(3) Preliminary Binding Site Plan. The proposed binding site plan shall be submitted which
contains the following information:
(a) The name or title of the proposed binding site plan;
(b) The date, north arrow and appropriate engineering scale as approved by the
community development department (e.g., 1" = 20', 1" = 30', 1" = 40', 1" = 50', 1" = 60');
(c) Boundary lines of tract, lot lines, lot number, block number; (d) Location and name of existing and proposed streets and right-of-way;
(e) Drainage channels, water courses, marshes, lakes and ponds;
(f) All significant wooded areas as characterized by evergreen trees eight inches in
diameter or greater and/or deciduous trees 12 inches in diameter or greater, measured four and one-
half feet above grade;
(g) Existing structures and setbacks;
(h) The location of existing driveways;
(i) All easements and uses;
(j) Existing and proposed utilities services;
(k) Fire hydrant location and distance;
(l) Five-foot contour lines;
(m) Preliminary street profile of all streets within the development to be dedicated as
public roads together with a preliminary grading and storm drainage plan;
(n) A typical cross-section of the proposed street improvements;
(o) Any regulated sensitive areas such as wetlands, steep slopes or wildlife habitat.
(4) Additional Application Requirements. If the city finds the presence of any of the following site
conditions, then the city may require the applicant to provide additional information such as detailed studies and site plans. (a) Site has existing slopes exceeding 15 percent for more than 50 (running) feet;
(b) Site has permanent drainage course or wetlands;
(c) Conditions exist on the site or in the area adjacent to the site which may contribute to
or cause erosion, drainage problems, surface slippage or other geological hazards;
(d) Site has other unique physical features or sensitive features;
Marysville Municipal Code Title 22 UDC
Title 22G-68
(e) The subdivision will result in 10 or more peak-hour vehicular trips onto public streets,
or sight distance/safety concern.
22G.100.100 Action by city departments.
(1) Action by the Community development Department. If the binding site plan application is
complete and the fee is paid, the community development department shall accept the application and
conduct a city review.
(2) Action by Other City Departments. The community development department will circulate
copies of the proposed binding site plan to relevant city departments and affected agencies. The
department or agency shall review the preliminary subdivision and furnish the community
development department with a report as to the effect the proposed binding site plan may have upon
their area of responsibility and expertise. The reports submitted shall include recommendations as to
the extent and types of improvements to be provided.
(3) Factors Considered by City Departments. The city shall review the proposed binding site plan
to determine whether it meets the following criteria:
(a) Comprehensive Plan. Whether the proposed binding site plan and development of the
parcel relates to all elements of the comprehensive plan;
(b) Zoning. Whether the proposed binding site plan meets the zoning regulations;
(c) Physical Setting. Whether the binding site plan properly takes into account the topography, drainage, vegetation, soils and any other relevant physical elements of the site; (d) Public Services.
(i) Adequate water supply,
(ii) Adequate sewage disposal,
(iii) Appropriate storm drainage improvements,
(iv) Adequate fire hydrants,
(v) Appropriate access to all anticipated uses within the site plan,
(vi) Provisions for all appropriate deeds, dedications, and/or easements,
(vii) Examination of the existing streets and utilities and how the proposed binding
site plan relates to them;
(e) Environmental Issues. Examination of the project through the SEPA process and a
determination of whether the proposed binding site plan complies with the SEPA requirements.
(f) Critical Areas. Binding site plans shall comply with the land division requirements of
MMC 22E.010.350.
(4) Notice Requirements. Notice shall be given pursuant to Chapter 22G.010 MMC.
(5) Preliminary Decision. Following the comment period provided in Chapter 22G.010 MMC, the director shall:
(a) Review the information in the record and render a decision pursuant to this chapter; or
(b) Forward the application to the hearing examiner for public hearing, if:
(i) Adverse comments are received from at least five persons or agencies during
the comment period, which comments are relevant to the decision criteria in subsection (3) of this
section or state specific reasons why a hearing should be held; or
(ii) The director determines a hearing is necessary to address issues of vague,
conflicting, or inadequate information, or issues of public significance.
22G.100.110 Preliminary approval – Effect.
Preliminary approval of the binding site plan by the city shall constitute authorization for the applicant
to take the necessary steps to meet the conditions imposed by the city before commencing the final
binding site plan review process.
22G.100.120 Time limitation for action.
The applicant must complete all conditions of preliminary approval within five years following
the date of preliminary approval, after which the preliminary approval is void. An extension may be granted by the community development department for one year if the applicant has attempted in good faith to complete the requirements of preliminary approval within the original time period;
provided, however, the applicant must file a written request with the community development
department requesting the extension at least 30 days prior to the expiration of the original time
period. If the binding site plan was approved through the public review process, this extension request
must be made to the city council.
Marysville Municipal Code Title 22 UDC
Title 22G-69
Exception: Effective until December 31, 2014, a final binding site plan meeting all
requirements of this chapter shall be submitted to the City for approval within seven (7) years to the date or preliminary binding site plan approval pursuant to RCW 58.17.140.
Article III: Final Review Process
22G.100.130 Preliminary approval compliance.
Prior to the submittal of any binding site plan to the city for final approval, the applicant must
demonstrate compliance with all of the conditions of the preliminary approval and prepare all of the
necessary final documents.
22G.100.140 Binding site plan – Requirements.
The final binding site plan shall be drawn on mylar drafting film having dimensions of 18 inches by 24
inches and must include the following:
(1) The name of the binding site plan;
(2) Legal description of existing lots;
(3) The date, north arrow and appropriate engineering scale as approved by the community
development department (e.g., 1" = 20', 1" = 30', 1" = 40', 1" = 50', 1" = 60');
(4) Boundary lines, right-of-way for streets, easements, and property lines of lots and other sites with accurate bearings, dimensions or angles and arcs, and of all curve data; (5) Names and right-of-way widths of all streets within the parcel and immediately adjacent to the
parcel. Street names shall be consistent with the names of existing adjacent streets;
(6) Number of each lot consecutively;
(7) Reference to covenants and special restrictions either to be filed separately or on the face of
the binding site plan;
(8) Zoning setback lines and building sites when required by the city;
(9) Location, dimensions and purpose of any easements, noting if the easements are private or
public;
(10) Location, physical description, and date visited of monuments and all lot corners set and
found;
(11) Existing structures, including any within 50 feet of existing or proposed lot lines, all setbacks,
and all encroachments;
(12) Primary control points identified (i.e., calculated, found, established, or reestablished), basis of
bearing, and horizontal and vertical datums as required by the public works department. Descriptions
and ties to all control points will be shown with dimensions, angles and bearings; (13) A dedicatory statement acknowledging public and private dedications and grants;
(14) Parking areas, general circulation and landscaping area when required;
(15) Proposed use and location of buildings when required;
(16) Loading areas when required;
(17) Other restriction and requirements as deemed necessary by the city;
(18) The applicable requirements of RCW 58.17.040(7) shall be met, including inscription of the
following statement on the binding site plan:
All development and use of the land described herein shall be in accordance with this binding site
plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and
the development and use thereof. Upon completion, the improvements on the land shall be
included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or
beneficial interest. This binding site plan shall be binding upon all now or hereafter having any
interest in the land described herein.
22G.100.150 Binding site plan – Certifications required – Requirements. (1) A certificate giving a full and correct description of the lands divided as they appear on the binding site plan, including a statement that the division has been made with the free consent and in
accordance with the desires of the owners. If the binding site plan is subject to a dedication, the
certificate or a separate written instrument shall also contain the dedication of all streets and other
areas to the public, and an individual or individuals, religious society or societies or to any corporation,
public or private or other legal entity as shown on the binding site plan and a waiver of all claims for
Marysville Municipal Code Title 22 UDC
Title 22G-70
damages against any governmental authority which may be occasioned to the adjacent land by the
established construction, drainage and maintenance of the road. The certificate of instrument of dedication shall be signed and acknowledged before a notary public by all parties having any
ownership interest in the land divided and recorded as part of the final binding site plan.
(2) A certification by a licensed surveyor, licensed in the state of Washington, that the binding site
plan survey is accurate and conforms to the provisions of these regulations and state law;
(3) Certification by community development director that the binding site plan conforms to all
conditions of preliminary approval;
(4) Certification by city engineer that the binding site plan conforms to survey data, layout of
streets, alleys and rights-of-way, design of bridges, sewage and water systems, and all other public
improvements;
(5) A certificate of approval prepared for the signature of the mayor (applicable to binding site
plans reviewed through the public review process);
(6) Recording certificate for the county auditor.
22G.100.160 Binding site plan – Title report.
All binding site plans shall be accompanied by a title company certification (current within 30
days from filing of the binding site plan) confirming that the title of the lands as described and shown on the binding site plan are in the name of the owner(s) signing the binding site plan.
22G.100.170 Binding site plan – Survey required.
A survey must be performed for every binding site plan by or under the supervision of a state
of Washington licensed land surveyor.
22G.100.180 Approval procedure.
(1) Applicants for final binding site plan approval shall file all required documents meeting all the
requirements of this title with the city community development department. The community
development department shall review the final binding site plan and circulate it to other city
departments to determine whether the requirements of this title and preliminary approval have been
met.
(2) If the community development director and city engineer determine that the requirements are
met, they shall approve the binding site plan.
(3) If either the community development director or the city engineer determine that the
requirements have not been met, the final binding site plan shall be returned to the applicant for modification, correction or other action as may be required for approval.
(4) If the conditions have been met, the community development director and city engineer shall
inscribe and execute their written approval on the face of the binding site plan.
(5) If the binding site plan was reviewed through the public review process, the binding site plan
shall be subject to the final review process outlined in Chapter 22G.090 MMC Article III, Final
Subdivision Review.
22G.100.190 Recording requirements.
When the city finds that the binding site plan proposed for final approval meets all the
conditions of final approval, then the applicant shall record the original of said binding site plan with
the Snohomish County auditor. The applicant will also furnish the city with one reproducible mylar
copy of the recorded binding site plan, and the Snohomish County assessor shall be furnished one
paper copy.
22G.100.200 Development requirements.
All development must be in conformance with the recorded binding site plan.
Article IV: Standards
22G.100.210 Approval.
(1) Standards for Binding Site Plans. The standards set forth in this chapter are to be used for
binding site plans.
(2) Provisions for Approval. No binding site plans shall be approved unless appropriate provisions
are made for, but not limited to, the public health, safety, and general welfare.
Marysville Municipal Code Title 22 UDC
Title 22G-71
22G.100.220 Public use reservations. (1) Street Right-of-Way Realignment, Dedication or Widening. If the city concludes that the street
right-of-way adjacent to a proposed binding site plan is inadequate for widening and realignment of
the existing street is necessary as a direct result of the proposed development, then the city may
require a dedication of necessary right-of-way and improvement of that right-of-way.
(2) Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of
dedication of land or to mitigate a direct impact that has been identified as a consequence of a binding
plan as authorized by Chapter 82.02 RCW.
22G.100.230 Design with environment.
Information generated through the environmental review process will be used in designing the
development in such a way as to mitigate potential adverse environmental impacts.
22G.100.240 Development with existing structures.
In reviewing any project, all existing structures shall comply with the standard of this title and
zoning code requirements. However, if the structures are nonconforming, the applicant shall bring the
project into compliance with the standards set forth in this chapter to the maximum extent possible.
This title does not allow the applicant to increase or intensify the nonconforming nature of the structure.
22G.100.250 Site-specific energy conservation.
The use of the site-specific energy schemes shall be encouraged that best offer opportunities
for maximum use of southern exposures and the use of natural climate conditions.
22G.100.260 Floodplain regulations.
Land identified in “The Flood Insurance Study for the City of Marysville” dated September 16,
2005, as amended, with accompanying Flood Insurance Rate Maps (FIRM), as amended, shall not be
subdivided unless the requirements of floodplain regulations are met.
22G.100.270 Landscaping.
Landscaping shall be required on all projects per zoning code requirements and city standards.
22G.100.280 Parking.
The number of parking stalls shall be provided per Chapter 22C.130 MMC, Parking and Loading. All parking lots shall be paved and designed per city standards.
22G.100.290 Loading areas.
Loading areas shall be provided per Chapter 22C.130 MMC, Parking and Loading.
22G.100.300 Outdoor storage.
Outdoor storage areas that contain material not for sale, rent or lease to the public shall be fully
screened from view from all streets and residential zoning boundary.
22G.100.310 Signs.
All signs shall be per MMC Title 22 and Chapter 22C.160 MMC, Signs. All signing shall be approved by
the city and integrated into the building design and the overall site plan.
22G.100.320 Lots.
(1) Lot arrangement shall be related to the natural features of the site and provide a suitable
building site.
(2) Business, commercial, and industrial zoned lots in a binding site plan, generally, do not have to meet lot requirements of the zoning code, as long as the city has approved the overall binding site plan. Lots in residential zones in a BSP must comply with the zoning code regarding lot requirements.
22G.100.330 Building setbacks.
All setbacks for structures shall be the same as the zoning code; provided, however, when the
city has approved a binding site plan, interior lots may be approved on a case by case basis.
Marysville Municipal Code Title 22 UDC
Title 22G-72
22G.100.340 Fire hydrants.
(1) Fire hydrants shall be installed per city fire code. (2) Fire hydrants must be approved and operating prior to wood framing of buildings.
22G.100.350 Access and circulation.
Ingress, egress and general circulation shall be approved by the city engineer.
22G.100.360 Street frontage.
Whenever a project is proposed on an existing public street, frontage shall be improved to
current city standards.
22G.100.370 Sewer improvements.
All sewer improvements shall be per city standards.
22G.100.380 Water improvements.
All water improvements shall be per city standards.
22G.100.390 Drainage improvements.
Drainage improvements shall be required as specified in MMC Title 14. 22G.100.400 Clearing and grading.
(1) Before any site modification where existing natural features would be disturbed or removed, a
grading plan must be submitted to the city and approved by the city showing the extent of the
proposed modification.
(2) Debris, waste, trees, timber, junk, rubbish or other materials of any kind shall not be buried in
any land or deposited in any surface water.
(3) All erosion control plans must be in compliance with city standards, and MMC Title 14.
(4) In critical drainage areas, no clearing of lots shall be allowed until building permits and/or a
grading permit has been issued.
22G.100.410 Utilities improvements.
All utility facilities shall be per city standards.
22G.100.420 Easements.
Permanent easements shall be provided for utilities and other public services identified at the time of preliminary site plan approval.
22G.100.430 Underground wiring.
(1) It is the intent of this provision to eliminate insofar as possible the installation of overhead
wires and of wire carrying poles being henceforth developed under this article.
(2) All projects shall have all power lines, telephone wires, television cables, fire alarm systems
and other communication wires, cables or lines placed in underground location either by direct burial
or by means of conduit or ducts and with the exception of the city fire alarm system, providing service
to each lot or potential building site in the plat.
(3) All such underground installations or systems shall be approved by the appropriate utility
company and shall adhere to all governing applicable regulations including but not limited to the city
and state applicable regulations and specific requirements of the appropriate utility.
(4) If the appropriate utility company will not approve an underground installation or system
because it cannot reasonably be installed according to accepted engineering practices, applicant may
request a waiver of the requirement of underground installations or systems to the city engineer. If
the city engineer concurs that under accepted engineering practices underground installations or
systems cannot reasonably be installed he shall grant the waiver. If the city engineer does not concur, he shall make recommendations relating to the undergrounding of electrical service to the applicant for transmittal to the appropriate utility company.
(5) All utility easements within a proposed binding site plan shall be approved by the appropriate
utility company before final acceptance of the binding site plan and shall be shown in their exact
location on the final drawing of said plat.
(6) Nothing in this section or any other section of this title in relation to underground wiring shall
apply to power lines carrying a voltage of 15 KV or more, nor shall it be construed to prohibit the
Marysville Municipal Code Title 22 UDC
Title 22G-73
placement of pad mounted transformers, terminal pedestals or other electrical and communications
devices above ground, as determined by the appropriate utility involved.
22G.100.440 Improvements – Smooth transition required.
All improvements required by this title shall be extended as necessary to provide a smooth
transition with existing improvements, both laterally across the street and longitudinally up and down
the street, for utilities, vehicular and pedestrian traffic.
22G.100.450 Utility improvement plans.
All street and utility improvement plans shall be prepared by a state of Washington licensed
civil engineer. All plans shall be prepared on reproducible mylar material and presented to the city for
approval.
22G.100.460 Acceptance of improvements.
The city engineer is authorized to accept all improvements and/or right-of-way dedications
required in this title on behalf of the city.
22G.100.470 Performance guarantee requirements.
(1) Site improvements shall be completed prior to approval of the final plat or short plat or at the discretion of the city engineer, or his designee, security for performance in accordance with the provisions of Chapter 22G.040 MMC may be supplied. The duration for any such security for
performance shall not be longer than one year.
(2) Security for performance shall not be released until all applicable departments responsible for
acceptance and maintenance of improvements have approved said release.
22G.100.480 Site improvements designated.
Site improvements shall include, but are not limited to: grading of entire width of street
rights-of-way, asphalt/concrete surfacing of roadways (as per city standards contained in the street
code), curbs, gutters and sidewalks constructed according to the street code and construction of
drainage facilities included in the preliminary plat. The developer shall request inspection of the
improvements by the city engineer or his designee at the following times:
(1) Erosion control measures are installed;
(2) Rough grading is complete and prior to placing pit run;
(3) Storm sewer completion;
(4) Roadway including curb and gutter completion; (5) When all improvements, including monuments, have been placed.
All improvements which do not meet city standards shall be immediately replaced or repaired
prior to proceeding. The city engineer, or his designee, will inform the developer in writing of any
improvements which are not acceptable.
22G.100.490 Warranty requirements for acceptance of final improvements.
(1) After satisfactory completion of roadway improvements, including streets, curbs, gutters and
sidewalks, and storm water drainage improvements, and after satisfactory completion of on-site
retention facilities, if any, the owner and/or developer shall provide the city with security for
maintenance in accordance with the provisions of Chapter 22G.040 MMC. The warranty period for the
security for maintenance shall be a minimum of two years.
(2) For the purpose of this title, final approval shall not be given until such time as all of the
required improvements have been satisfactorily installed in accordance with the requirements of
preliminary approval or security for performance and security for maintenance has been provided and
accepted by the city.
22G.100.500 Survey required. (1) A survey must be conducted by or under the supervision of a registered land surveyor licensed in the state of Washington. The surveyor shall certify on the binding site plan that it is a true and
correct representation of the lands actually surveyed and the survey was done in accordance with city
and state law.
(2) In all binding site plans, lot corners must be set before final approval can be granted.
(3) In all binding site plans, perimeter monuments must be set before final approval can be
granted.
Marysville Municipal Code Title 22 UDC
Title 22G-74
(4) In all binding site plans, control monuments must be set before final acceptance of public
improvements. Performance guarantees must include the installation of all control monuments. Control monuments must be installed per city design and construction standards.
(5) In all binding site plans, where final approval is to be granted by the acceptance of a
performance guarantee, lot corner and perimeter monuments must be set. The performance
guarantee must include the resetting of any monument that has been lost during construction of
public improvements.
22G.100.510 Dedication – Warranty deed.
Any dedication, donation or grant as shown on a binding site plan shall be considered a statutory
warranty deed to the said grantee for the use intended.
Article V: Modifications
22G.100.520 Modification.
(1) Any applicant can request and make application to the city requesting a modification from the
requirements of MMC 22G.100.230 through 22G.100.230.
(2) For a modification of 25 percent or less, it shall be considered by the community development
director as an administrative decision. (3) For a modification of more than 25 percent, it shall be considered by the hearing examiner at a public hearing.
(4) The modification shall not be granted by the community development director or hearing
examiner until the following criteria have been established:
(a) There are exceptional circumstances or conditions such as: locations of existing
structures, lot configuration, topographic or unique physical features that apply to the subject
property which prohibit the applicant from meeting the standards of this title;
(b) The authorization of the modification or variation will not be detrimental to the public
welfare or injurious to property in the vicinity or zone in which the property is located;
(c) A hardship would be incurred by the applicant if he/she complied with the strict
application of the regulations. The filing of an application with the city requesting a modification for
variation shall stay the running of the time period for binding site plans and development plans.
Article VI: Appeals
22G.100.530 Appeals to hearing examiner. (1) An appeal of the decision relating to the binding site plan shall be made to the hearing
examiner. Such an appeal must be made in writing and filed with the office of the hearing examiner
within 14 calendar days from the date on which the decision was rendered.
(2) The written appeal shall include a detailed explanation stating the reason for the appeal. The
decision of the hearing examiner shall be final with a right of appeal to superior court as provided in
MMC 22G.010.540.
(3) Standing to appeal is limited to the following:
(a) The applicant or owner of the property on which the binding site plan is proposed;
(b) Any aggrieved person who will thereby suffer a direct and substantial impact from the
proposed binding site plan; and
(c) RCW 58.17.180 grants standing to property owners within 300 feet of the subject property.
Article VII: Enforcement and Penalties
22G.100.540 Enforcement.
The auditor shall refuse to accept for recording any binding site plan which does not bear the
verification of approval as defined by this title. The city attorney is authorized to commence an action to restrain and enjoin a violation of this title and compel compliance with the provisions of this title. The costs of such action shall be taxed against the violator.
22G.100.550 Violation – Nuisance declared.
Any violation of the provisions of this title constitutes a public nuisance per se which the city
can abate by an action in Snohomish County superior court. All costs of such action, including attorney
fees, shall be taxed against the violator.
Marysville Municipal Code Title 22 UDC
Title 22G-75
22G.100.560 Provisions not exclusive. Penalty and enforcement provisions in this title are not exclusive, and the city may pursue any
remedy or relief it deems appropriate.
22G.100.570 Severability.
If any provision of this title shall be declared unconstitutional or invalid by any court of
competent jurisdiction, it shall be conclusively presumed that this title would have been enacted
without the provision so held unconstitutional or invalid, and the remainder of this title shall not be
affected as a result of said part being held unconstitutional or invalid.
22G.100.580 Savings.
Nothing contained in this title shall be construed as abating any action now pending under or
by virtue of any ordinance of the city herein repealed, or as discontinuing, abating, modifying or
altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or
corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the
time of passage of this title.
Marysville Municipal Code Title 22 UDC
Title 22G-76
Chapter 22G.110 BOUNDARY LINE ADJUSTMENTS
Sections:
Article I: General Provisions ...................................................................76
22G.110.010 Title for citation. .........................................................................76
22G.110.020 Jurisdiction. ...............................................................................76
22G.110.030 Purpose. ....................................................................................76
22G.110.040 Administration............................................................................77
Article II: Review Process .......................................................................77
22G.110.050 Application submittal. ..................................................................77
22G.110.060 Review process. .........................................................................77
22G.110.070 Boundary line adjustments with existing structures. ........................77
22G.110.080 Approval....................................................................................78
22G.110.090 Information for recording. ...........................................................78
22G.110.100 Survey required. ........................................................................79
22G.110.110 Recording. .................................................................................79
Article III: Appeals....................................................................................80
22G.110.120 Boundary line adjustments – Appeals to hearing examiner. .............80
22G.110.130 Time period stay – Effect of appeal. ..............................................80 Article IV: Enforcement and Penalties ......................................................80 22G.110.140 Violation. ...................................................................................80
22G.110.150 Severability. ..............................................................................80
22G.110.160 Savings. ....................................................................................80
Article I: General Provisions
22G.110.010 Title for citation.
This article shall be known as the boundary line adjustment ordinance of the city of Marysville,
and the requirements set forth in this article are applicable to all boundary line adjustments.
22G.110.020 Jurisdiction.
These regulations shall apply to all boundary line adjustments within the incorporated area of
the city of Marysville.
22G.110.030 Purpose. (1) The purpose of this article is to provide a method for approval of boundary line adjustments
which does not create any additional lot, tract, parcel, building site or division, while insuring that such
boundary line adjustment satisfies public concerns of health, safety and welfare. The boundary line
adjustment ordinance shall not be utilized as a substitute for comprehensive subdividing or short
subdividing in accordance with the requirements of the city’s subdivision ordinance and Chapter 58.17
RCW.
(2) It is further the purpose of this article to provide for and promote the health, safety and
welfare of the general public, and not to create or otherwise establish or designate any particular class
or group of persons who will or should be especially protected or benefited by the terms of this title.
(3) It is the specific intent of this article to place the obligation of complying with its requirements
upon the property owner and applicant, and no provision or term used in this ordinance is intended to
impose any duty whatsoever upon the city or any of its officers, employees, or agents for whom the
implementation or enforcement of this article shall be discretionary and not mandatory.
(4) Nothing contained in this article is intended to be, nor shall be, construed to create or form the
basis for any liability on the part the city, or its officers, employees or agents, for any injury or
damage resulting from the failure to comply with this article, or by reason or in consequence of any
inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this article, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this article by its officers, employees, or
agents.
Marysville Municipal Code Title 22 UDC
Title 22G-77
22G.110.040 Administration.
The community development director shall have the duty and responsibility of administering the provisions of this article with the authority to promulgate rules and regulations to implement and
administer this article.
Article II: Review Process
22G.110.050 Application submittal.
(1) Application Fees. The applicant shall pay the required fees as established by the city’s fee
ordinance when submitting the boundary line adjustment application. Note: county recording fees are
the applicant’s responsibility and must be paid to the county auditor by the applicant at the time of
recording.
(2) Application Documents. A boundary line adjustment application shall consist of the following
documents: application form, legal descriptions of existing and adjusted lot, tract, parcel or building
site, affidavit of ownership, vicinity map, boundary line adjustment certificate including proof of legal
lot status, declaration of legal documentation, and proposed boundary line adjustment/survey map.
The city shall provide appropriate forms and application instructions.
22G.110.060 Review process. (1) Action by the Department. If the boundary line adjustment application is complete and the required fee is paid, the department shall accept the application and conduct a city review.
(2) Action by Other City Departments. The department will circulate copies of the proposed
boundary line adjustment application to the city’s building, fire, and public works departments. Each
department shall provide the department with recommendations within 10 calendar days from the
time a completed application is received.
(3) Factors Considered by the Department. In order for a boundary line adjustment to be
approved, it must comply with all of the following criteria. Failure to comply with any of the following
criteria will result in denial:
(a) Boundary lines may not be adjusted which will result in the creation of any additional
lot, tract, parcel, building site or division, nor create any lot, tract, parcel, building site or division
which contains insufficient area dimension to meet the minimum requirements as specified by the
city’s zoning code for lots, tracts, parcels or building sites, except as permitted in subsection (4) of
this section; and
(b) Boundary lines may not be adjusted between lots which have been created for tax
purposes only. The applicant shall provide evidence of legal lot status; and (c) Boundary lines may not be adjusted where the adjustment will result in an increase in
the potential number of dwelling units on lots, tracts, parcels or building sites permitted; and
(d) Boundary lines of nonconforming lots may not be adjusted where the adjustment of
the line(s) will result in making the lots, tracts, parcels or building sites more nonconforming; and
(e) Boundary lines may not be adjusted when the adjustment will result in the city being
unable to provide adequate utilities; and
(f) Boundary lines may not be adjusted when the adjustment will result in inadequate
frontage on a public street; and
(g) Boundary lines may not be adjusted where the adjustment will result in an inadequate
building site for any lot containing area defined as environmentally sensitive; and
(h) Boundary lines may not be adjusted where the adjustment will result in a violation of a
city or state code; and
(i) Boundary lines in commercial or industrial zones may not be adjusted unless the
criteria of MMC 22G.110.070 are satisfied.
(4) Decision. Following review of the application, a written notice of approval or disapproval shall
be issued to the applicant within 30 calendar days of receiving the completed application.
22G.110.070 Boundary line adjustments with existing structures. When boundary line adjustments are submitted proposing the adjustment of lines with
existing structures in commercial or industrial zones, the existing structures shall be required to
comply with all zoning code requirements including, but not limited to, such things as setback,
parking, height, landscaping and access requirements as a condition of boundary line adjustment
approval. The applicant shall be required to submit a site plan showing that all of these requirements
can be met prior to approval.
Marysville Municipal Code Title 22 UDC
Title 22G-78
22G.110.080 Approval. Time Limits For Approval. The applicant must submit and complete all required documents as
specified by this title within one (1) year following the date of approval. Failure to submit and
complete the required documents within the one (1) year period will result in lapse of the approval,
requiring the submittal of a new application for consideration of the department. No time extension
will be granted; the final required documents must be recorded within the above stated time frame.
22G.110.090 Information for recording.
Information for recording must include the following:
(1) Original Mylar of Boundary Line Adjustment/Survey Map. After the city has given the applicant
approval, the applicant shall submit the original mylar map and two (2) black line maps prepared by a
registered land surveyor, drawn in ink on mylar, having a trimmed size of 18 by 24 inches. The
original mylar map and two (2) black line maps shall be accompanied with original signatures.
Information required on the map shall include:
(a) The date, scale and north arrow;
(b) Boundary lines (both present and revised), right-of-way for streets, easements and
property lines of lots, tracts, parcels or sites, with accurate bearings, dimensions or angles and arcs,
and central angles of all curves; (c) Names and right-of-way widths of all streets; (d) Number of each lot, tract, parcel or building site and each block;
(e) Description of private covenants and special restrictions;
(f) Location, dimensions and purpose of any easements;
(g) Location and description of monuments and lot, tract, parcel or building site corners
set and found;
(h) If required to define flood elevations or other features relative to the lot, then datum
elevations and primary control points approved by the city. Descriptions and ties to all control points
will be shown with dimensions, angles and bearings;
(i) Designation by phantom letters of the lot(s), tracts, parcels or building sites existing
prior to the boundary line adjustment, and designation by solid letters of the proposed lots, tracts,
parcels or building sites;
(j) Special setback lines when different from city’s zoning code;
(k) A dedicatory statement acknowledging any public or private dedications, donations or
grants;
(l) Location of existing structures, utilities, setbacks, encroachments and area of all lots, tracts, parcels or building sites after adjustment;
(m) The file number of the boundary line adjustment must be on the boundary line
adjustment/survey map.
(2) Certificates.
(a) “Examined, found to be in conformity with applicable zoning and other land use
controls, and approved this ____ day of ____, 20__.
____________________________
Community Development Director”
(b) “I hereby certify that this boundary line adjustment is based upon an actual survey
and subdivision of Section ____, Township ___ North, Range ___ EWM; that the distances, courses
and angles are shown thereon correctly; that the monuments shall be set and lot corners shall be
staked correctly on the ground, that I fully complied with the provisions of the state and local statutes
and regulations governing surveying.
____________________________
Licensed Land Surveyor
(Seal)”
(c) “I hereby certify that all state and county taxes heretofore levied against the property described herein, according to the books and records of my office, have been fully paid and discharged, including ____ taxes.
_____________________________
Treasurer, Snohomish County”
(d) “Filed for record at the request of ____ this ____ day of ___, 20__, at ___ minutes
past __m, and recorded in Vol. __ of Plats, page __, records of Snohomish County, Washington.
_____________________________
Marysville Municipal Code Title 22 UDC
Title 22G-79
Auditor, Snohomish County”
(e) Vicinity Map. A vicinity map clearly identifying the location of the property shall be submitted.
(f) Legal Descriptions. All boundary line adjustment application submittals shall include
legal descriptions of the existing and proposed lots, tracts, parcels or building sites. All legal
descriptions must be prepared by a licensed surveyor in the state of Washington, attorney, or title
company.
(g) Affidavit of Ownership. All boundary line adjustment application submittals shall be
accompanied by a notarized signature of the owner, and owners of the property subject to the
boundary line adjustment. Those signing as owners must conform to those designated as owners in
the boundary line adjustment certificate. The recording number of the boundary line
adjustment/survey map shall be on the affidavit of ownership form.
(h) Declaration of Legal Documentation. All boundary line adjustment application
submittals shall be accompanied by a notarized statement containing:
(i) The signatures of owner, or owners of the property subject to the boundary
line adjustment, declaring that they are solely responsible for securing and executing all necessary
legal advice or assistance concerning the legal documents necessary to transfer title to those portions
of the properties involved in the boundary line adjustment; and
(ii) a declaration that the legal documents necessary to transfer title to the property in question have been prepared and executed so that upon the recording of the boundary line adjustment, the title to the properties will accurately reflect the new configuration resulting from the
boundary line adjustment as approved by the city.
(i) Boundary Line Adjustment Certificate. All boundary line adjustment application
submittals shall be accompanied by a boundary line adjustment certificate current to within 30 days of
date submitted from a title company that certifies the following:
(i) The legal description of all lots, parcels, tracts or building sites to be adjusted;
and
(ii) The names of the owners of any lots, tracts, parcels or building sites to be
adjusted; and
(iii) Any easements, restrictions or covenants affecting the property to be
adjusted, with a description of such easements, restrictions and covenants.
22G.110.100 Survey required.
(1) A survey for a boundary line adjustment must be conducted by or under the supervision of a
registered Washington State licensed land surveyor. The surveyor shall certify on the boundary line adjustment/survey (mylar) map that it is a true and correct representation of the lands actually
surveyed, in accordance with city and state law.
(2) The survey must indicate that all lot corners are staked. The survey must also show all
encroachment(s), buildings and setbacks from property lines.
(3) A record of survey must be filed with the county auditor in accordance with Chapter 58.09
RCW.
(4) Based on the complexity of the proposed boundary line adjustment the community
development director may waive the requirement for survey on a case-by-case basis.
22G.110.110 Recording.
Recording with Auditor. When the boundary line adjustment proposed for recording has been
signed by the community development director, and the applicant has complied with all of the
requirements of this title and state law, then the applicant shall record the original boundary line
adjustment/survey map and the original affidavit of ownership with the county auditor. The applicant
will also furnish the city with one reproduced photo copy of the recorded boundary line
adjustment/survey map. After this has been done and the boundary line adjustment has been
properly recorded, the boundary line adjustment will become valid. The applicant is responsible for recording the boundary line adjustment and paying all associated recording fees. It shall be a violation of this title for anyone to record a boundary line adjustment which does not bear the verification of
approval as defined by this title.
Marysville Municipal Code Title 22 UDC
Title 22G-80
Article III: Appeals
22G.110.120 Boundary line adjustments – Appeals to hearing examiner.
(1) All appeals of decisions relating to boundary line adjustments shall be made to the hearing
examiner. Such appeals must be made in writing and filed with the office of the hearing examiner
within 14 calendar days from the date on which the decision was rendered.
(2) The written appeal shall include a detailed explanation stating the reason for the appeal. The
decision of the hearing examiner shall be final with a right of appeal to superior court as provided in
MMC 22G.010.540.
(3) Standing to appeal is limited to the following:
(a) The applicant or owner of the property on which the boundary line adjustment is
proposed;
(b) Any aggrieved person will thereby suffer a direct and substantial impact from the
proposed boundary line adjustment.
22G.110.130 Time period stay – Effect of appeal.
The filing of an appeal shall stay the running of the time periods for boundary line adjustment
approval as are set forth in this title.
Article IV: Enforcement and Penalties
22G.110.140 Violation.
(1) Penalty. Any person, firm or corporation, or association, or any agent of any person, firm or
corporation, or association who violates any provision of this title shall be guilty of a misdemeanor,
and upon conviction thereof, shall be punishable by a fine not to exceed $1,000, or imprisonment in
jail not to exceed 90 days, or both imprisonment and fine. Each separate day, or any portion thereof,
during which any violation of any provision of this title occurs or continues, shall be deemed a
separate and distinct offense.
(2) Civil Action. Any violation of the provisions of this title constitutes a public nuisance per se
which the city can abate by an action in Snohomish County Superior Court. The city attorney is
authorized to commence an action to restrain and enjoin a violation of this ordinance and compel
compliance with the provisions of this title. The cost of such action shall be taxed against the violator.
(3) Enforcement Provisions. Penalty and enforcement provisions provided in this title are not
exclusive, and the city may pursue any remedy or relief deemed appropriate.
22G.110.150 Severability.
If any provision of this title shall be declared unconstitutional or invalid by any court of
competent jurisdiction, it shall be conclusively presumed that this title would have been enacted
without the provision so held unconstitutional or invalid, and the remainder of this title shall not be
affected as a result of said part being held unconstitutional or invalid.
22G.110.160 Savings.
Nothing contained in this title shall be construed as abating any action now pending under or
by virtue of any ordinance of the city herein repealed, or as discontinuing, abating, modifying or
altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or
corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the
time of passage of the ordinance codified in this title.
Marysville Municipal Code Title 22 UDC
Title 22H-1
Title 22H
ENGINEERING STANDARDS
(Reserved)
Marysville Municipal Code Title 22 UDC
Title 22I-1
Title 22I
ENFORCEMENT
Chapter 22I.010 ENFORCEMENT ............................................................................ 2
Marysville Municipal Code Title 22 UDC
Title 22I-2
Chapter 22I.010 ENFORCEMENT
Sections:
22I.010.010 Purpose. ..................................................................................... 2
22I.010.020 Authority and application. ............................................................. 2
22I.010.030 Violations defined. ....................................................................... 2
22I.010.010 Purpose.
The purpose of this chapter is to promote compliance with this title by establishing
enforcement authority, defining violations, and setting standards for initiating the procedures set forth
in Title 22I MMC, Enforcement, when violations of Title 22 MMC, Unified Development Code, occur.
22I.010.020 Authority and application.
The community development director is authorized to enforce the provisions of this code, any
implementing administrative rules, and approval conditions attached to any land use approval,
through revocation or modification of permits, or through the enforcement provisions of Title 4 MMC.
22I.010.030 Violations defined.
No building permit or land use approval in conflict with the provisions of this title shall be issued. Structures or uses which do not conform to this title, except legal nonconformances specified in Chapter 22C.100 MMC and approved variances, are violations subject to the enforcement provisions
of Title 4 MMC.