HomeMy WebLinkAboutO-2898CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO.)..~qg
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, AMENDING
THE CITY'S MUNICIPAL CODE AND DEVELOPMENT REGULATIONS BY
AMENDING SECTIONS 22C.160.140 AND 22C.160.160 OF MMC CHAPTER
22C.160, SIGNS; AMENDING SECTION 22C.010.380 OF MMC CHAPTER
22C.010, RESIDENTIAL ZONES; AMENDING SECTION 22C.020.330 OF
MMC CHAPTER 22C.020, COMMERCIAL, INDUSTRIAL, RECREATION AND
PUBLIC INSTITUTIONAL ZONES; AMENDING SECTIONS 22C.OI0.060 AND
22C.OI0.070 OF MMC CHAPTER 22C.OI0, RESIDENTIAL ZONES;
AMENDING SECTIONS 22C.020.060 AND 22C.020.070 OF MMC CHAPTER
22C.020, COMMERCIAL, INDUSTRIAL, RECREATION AND PUBLIC
INSTITUTIONAL ZONES; AMENDING SECTION 6.76.030 OF MMC CHAPTER
6.76 NOISE REGULATION; AMENDING SECTION 22C.010.310 OF MMC
CHAPTER 22C.010 RESIDENTIAL ZONES; AMENDING SECTION
22C.130.030 OF MMC CHAPTER 22C.130 PARKING AND LOADING;
AMENDING SECTION 22C.180.020 OF MMC CHAPTER 22C.180 ACCESSORY
STRUCTURES; AMENDING SECTION 22A.020.020 OF MMC CHAPTER
22A.020 DEFINITIONS; AMENDING SECTION 22C.220.070 OF MMC
CHAPTER 22C.220 MASTER PLANNED SENIOR COMMUNITIES; AMENDING
SECTION 22G.Ol0.420 OF MMC CHAPTER 22G.010 LAND USE
APPLICATION PROCEDURES; AND AMENDING SECTION 22A.OI0.160 OF
MMC CHAPTER 22A.010, GENERAL ADMINISTRATION, RELATED TO
TRACKING AMENDMENTS TO THE CITY'S UNIFORM DEVELOPMENT CODE.
WH EREAS, the State Growth Management Act, RCW Chapter 36.70A 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 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 municipal code and
development code (MMC Title 22); and
WHEREAS, during public meetings on March 27, 2012 and April 10, 2012, the Planning
Commission discussed proposed amendments to MMC Sections 22C.160.140, 22C.160.160,
22C.010.380, 22C.020.330, 22C.010.060, 22C.OlO.070, 22C.020.060, 22C.020.070, 6.76.030,
22C.010.310, 22C.130.030, 22C.180.020, 22A.020.020, 22C.220.080, 22G.010,420, and
22A.010.160;
WHEREAS, after providing notice to the public as required by law, on April 24, 2012, the
Marysville Planning Commission held a Public Hearing on the proposed amendments to the City's
development regulations; and
WHEREAS, on April 24, 2012 the Planning Commission made a Recommendation to the
City Council recommending the adoption of the proposed amendments to MMC Sections
22C.160.140, 22C.160.160, 22C.010.380, 22C.020.330, 22C.01O.060, 22C.010.070,
nc.020.060, 22C.020.070, 6.76.030, 22C.010.31O, 22C.130.030, 22C.180.020, 22A.020.020,
22C.220.080, 22G.010,420, and 22A.010.160; and
WHEREAS, at a public meeting on Ju r,,) l \I, lea.. the Marysville City Council reviewed
and considered the Planning Commission's Recomme~dation and proposed amendments to the
development regulations; and
WHEREAS, the City of Marysville has submitted the proposed development regulation
revisions to the Washington State Department of Commerce on March 14, 2012, as required by
RCW 36.70A.106; and
WHEREAS, the City has complied with the requirements of the State Environmental Policy
Act, Ch,43.21C RCW, (SEPA) by adopting a determination of non-significance for the proposed
revisions to the City's development regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. Approval of Planning Commission's Recommendation and Adoption of
Findings and Conclusions, The Planning Commission's April 24, 2012 Recommendation regarding
the proposed development regulation revisions, including the Findings and Conclusions contained
therein, as set forth In the attached Exhibit "A", is hereby adopted and incorporated herein by
this reference.
Section 2. Required Findings. In accordance with MMC 22G.010.500, the following
findings are made regarding the development regulation amendments subject of this ordinance:
(1) The amendments are consistent with the purposes of the comprehensive
plan;
(2) The amendments are consistent with the purpose of 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.
Section 3, Section 22C.160.140, Measurement standards, of MIVJC Chapter 22C.160,
Signs, is hereby amended to read as follows:
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 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
(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 landscaping
and 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 sllall be computed as the measurement of one of the two faces~
(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 manmade 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 fram~wo~~..<2.r other elJlbellishments.
I .. ,,;,;:; ; j .~x~; ...; : .. ~: ;.;( ~.. :.'; m:::;:(:'tJ'I·~'·····;"·""··;:"··:
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
(3) Determining Building Frontages and Frontage Lengths.
(a) Building Unit. The bUilding unit is equivalent to the tenant space. The primarv
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 fronta~e of any builcling unit shall include
the elevation(s) facing a public street, facing a primary parking area for tAe bUilcling
OF tenants, OF containing the public entrance(s) to the bUilding OF bUilding units.
(I) =FRe Primary frontage. Pj3rimary frontage shall be considered the portion of any
frontage containing the primary public entrance(s) to the bUildIng or bUilding
units.
(ii) TRe Secondarv frontage. Ssecondary 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 (3)(b)(i) of this
section.
(4) LengtA of BUilding Frontage.
(a) The length of an'" primary or secondary bUilding frontage shall be all walla lengths
parallel, or nearly parallel, to such frontage, excluding any such wall ~
determined by the community development director to be clearly unrelated to the
frontage criteria.
(b) The builcling 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,
Section 4. Section 22C.160,160, Development standards -Wall signs, of MMC
Chapter 22C.160, Signs, is hereby amended to read as follows:
22C.160.160 Development standards -Wall signs.
(1) The basic allowance for wall signs shall be limited to one and one-half square feet of
sign area for each lineal foot of primary building frontage for illuminated signs, or two
square feet of sign area for each lineal foot of primary building frontage for
nonilluminated signs.
(2) Each tenant is allowed a minimum sign area of 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 slgnage must be comprised of Individual letters;
(c) The letter and logo height shall not exceed 24 Inches;
(d) Signs shall be nonilluminated;
(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 slgnage shall not exceed two-thirds of the overall frontage for the bUilding or
tenant(s) frontage, as applicable.
(6) The wall signage shall not encroach within three 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:
(i) Clearance: Shall clear sidewalk by eight feet.
(ii) Projections: Shall not project more than five feet from the bUilding facade,
unless the sign is a part of a permanent marquee or awning over the sidewalk.
Vertically oriented signs shall not project more than three feet from the bUilding
facade. In no case shall a projecting sign be placed within two feet of the curb
line.
(Iii) Size: Shall not exceed an area of two square feet per each 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 theaters.
(v) Spacing: 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 overali 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 10 square feet for
the purpose of Identifying upper floor tenants or first floor tenants that do not have
outside bUilding frontage.
Section 5. Section 22C.010.380, Fences, of MMC Chapter 22C.010, Residential
Zones, is hereby amended to read as follows:
22C.Ol0.380 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.
(I) Front lot line: Four feet solid or six feet if entirely open-work fence.
(Il) Side lot line: Six feet.
(iii) Rear lot line: Six feet.
(b) Arterial Streets.
(I) Front lot line: Six feet; prOVided, that the top two feet are constructed as an
open-work fence.
(II) Side lot line: Six feet.
(Iii) Rear lot line: Six feet.
(c) When a protective fence is located on top of a rockery, any portion of the fence
above a height of six 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.
Eg) 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 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 .....hich 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 C)camlner, pursuant to
the procedures In Chapter 22G.Q1Q mQC, Article VIII, Appeals. Appeals shall be filed
.....ithin 1.q days of the written decision of the community development director. The
following information will be considered In revle....' of the variance request:
(i) 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 sldewall<s.
(ii) The applicant can demonstrate to the satisfaction of the Community
Development Director, or designee, that the increased fence height '....i11 not
adversely affect adjacent property owners or obstruct view corridors.
(iii) The applicant provides \\Titten notification to immediately adjoining property
owners of the height and location of the proposed fence.
Eiv) Fences greater than si)< feet (6) in height are required to obtain a city bUilding
permit.
(4) Setbacks.
(a) Front Lot Line.
(I) Solid fences greater than four feet in height shall be set back at least 20 feet
from the street right-of-way, except in the follOWing circumstances:
(A) For a corner lot the 20-foot setback shall only apply to the street which
prOVides primary access to the lot.
(6) 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-foot fence, or six-foot fence with the top two 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.
Cd) 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.
(a) The community development director shall have authority to administratively
qrant a variance to the fence reqUirements outlined in this section. 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.
(b) Variance requests shall be submitted in writlnq on a form prOVided by the city. At
the time the applicant submits the variance request to the city, the applicant shall
also provide written notification of the variance request to immediately adjoining
property owners by first class mail or personal service. Said notice shall include aD
adequate description of the height and location of the proposed fence.
&In considering a request for a modification of the fence requiremeDts outliDed ID
subsections (1) through (4) of this section, the community development director
hearing examiner shall consider the foliowiDg factors: tat (I) 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;
fb1 (i1) The proposed fence will not Infringe upon or Interfere with utility and/or
access easements or covenant rights or responsibilities;
(HI) The Increased fence heIght will not adversely affect adjacent property owners;
(iv) Fences greater than six feet jn height are required to obtain a city building
permit:
te1 (y) 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.
(d) Each variance request shall be considered on a case-by-case basis, and the resulting
decisioD shall not be construed as setting precedeDt for any subsequent application.
(e) 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 calendar days of the
written decision of the community development director.
Section 6. Section 22C.020.330, Fences, of MMC Chapter 22C,020, Commercial,
Industrial, Recreation and Pubilc InstltutloDal Zones, Is hereby amended to read as follows:
22C.020.330 Fences.
(1) Purpose. The feDce standards promote the positive benefits of feDces without
negatively affecting the community or endangering public or vehicle safety. Fences can
create a sense of privacy, protect children and pets, provide separatioD 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, hlDder
emergency access and the safe movement of pedestrians and vehicles, aDd 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.
(v) Automobile holding yards and similar businesses if required under state law.
(3) Height.
(a) Business and Commercial Zones. All yards: eight feet.
(b) Industrial Zones. All yards: 10 feet.
(c) When a protective fence is located on top of a rockery, any portion of the fence
above a height of eight feet shall be an opeD-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 feet In height shall be set back at least 20 feet
from the street right-of-way, except in the following circumstances:
(A) For a corner lot, the 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-foot fence, or six-foot fence with the top two 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.
(a) The community deyelopment director shall have authority to administratively
grant a variance to the fence requirements outlined in this section. 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.
(b) Variance requests shall be submitted In writing on a form provided by the city. At
the time the applicant submits the variance request to the city, the applicant shall
also provide written notification of the variance request to immediately adjoining
property owners by first class mall or personal service. Said notice shall include an
adequate description of the heiqht and location of the proposed fence.
&In considering a request for a modification of the fence requirements outlined in
subsections (1) through (4) of this section, the community development dIrector
hearing examiner shall consider the following factors:
fat (i) 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;
te1 (ii) The proposed fence will not infringe upon or interfere with utility and/or
access easements or covenant rights or responsibilities;
(iii) The increased fence height will not adversely affect adjacent property owners;
(iv) Fences greater than six feet in height are required to obtain a city building
permit;
te7 MOther 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.
(d) Each variance request shall be considered on a case-by-case basis, and the
resulting decision shall not be construed as setting precedent for any subsequent
application.
(e) The decision of the community development director on a variance application
shall be final, subject to aDpeal to the citv hearing examiner pursuant to the
procedures in Chapter 22G.Q1Q MMC. Article VIII, Appeals. Appeals shall be filed
within 14 calendar days of the written decision of the community development
director.
Section 7. Section 22C.010.060, Permitted uses of MMC Chapter 22C.010,
Residential Zones, is hereby amended to read as follows:
22C 010 060 Permitted uses.
WR
WR RRRR-6R-
Specific Land Use R-4.5 R-6.5 R-8 R-4-8 12 18 28 18 MHP
Residential land uses
Dwelling Units, Types:
Single detached (14) Pll Pll PH PH Pll PH Pll Pll P43
Model home m P30 J:3.Q J:3.Q J:3.Q E.1Q m lli ~
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
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
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
PersonaI Services:
Funeral home/crematory C18 C18 C18 C18 C18 C18 C18 C18 C18
Cemetery, columbarium or mausoleum P24 P24 P24 P24 P24 P24 P24 P24 P24
C19 C19 C19 C19 C19 C19 C19 C19 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 P P P P P P P P
(38), (39)
EV rapid charging station (40), (41), P P P P
(42)
Health Services:
Medical/dental clinic C C C C
Education Services:
Elementary, middle/junior high, and C C C C C C C C C
senior high (including public, private
and parochial)
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
Government Services:
Public safety facilities, Including pollee C26 C26 C26 C26 C26 C26 C26 C26 C26
and fire
Utility facility P P P P P P P P P
Private storm water management P P P P P P P P P
facility
Public storm water 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 P47-3G P47-3G P4739 P4739
Wireless communication facility (28) P P P P P P P P P
C C C C C C C C C
Retail/Wholesale Land Uses
Forest products sales P32 P32 P32 P32
Agricultural crop sales P32 P32 P32 P32
Resource Land Uses
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
Regional storm water management C C C C C C C C C
facility
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
Section 8. Section 22C.010.070, Permitted uses -Development conditions, of MMC Chapter
22C.010, Residential Zones, Is hereby amended to read as follows:
22C.Ol0.070 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.Ol0.280.
(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-R-4-8 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.
(14) No more than one sIngle-family detached or duplex dweillng(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 nc.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 22C200 MMC
(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 lIs must be located on sites larger than one-half acres and are subject to
minimum standards identified in Chapter 22C.200 MMC 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.
(28) All WCFs and modifications to WCFs are subject to Chapter 22C250 MMC including,
but not limited to, the s1ting hierarchy, MMC 22C250.060. WCFs may be a permitted use
or a conditional use subject 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 homes.house sales office shall comply with the follov.·ing:
(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 critical areas;
(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) Levelland 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 of record. Manufactured
homes on single lots must meet the criteria outlined in subsection (11) of this section.
(44) Used as a permanent residence In an established MHP or RV park; provided, that
utility hookups 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.
(47) Model house sales offices are subject to the requirements of MMC Section
22C.l1Q.Q2Q(3),
Section 9. Section 22C.020.060, Permitted uses of MMC Chapter 22C.020,
Commercial, Industrial, Recreation and Public Institutional Zones, is hereby amended to read as
follows:
22C.020.060 Permitted uses.
s_p_e_c_i_fi_c_L_a_n_d_u_se ---l 1
(63) (63)
Residential Land Uses
Dwelling Units, Types:
Townhouse P6 P
Multiple-family C4 P4,
CS
P4,
CS
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,
pg
P8,
pg
P8,
P9
P8,
pg pg P9 pg
Temporary Lodging:
Hotel/motel P P P P P P P
Bed and breakfast guesthouse (i)
Bed and breakfast inn (1) P P P
Recreation/Cultural Land Uses
Park/Recreation:
Park P11 P P P P P P P Pll P
Marina P P C P
Dock and boathouse, private,
noncommercia I 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 ( ( ( (
Riding academy P P C
Cultural:
LIbrary, museum and art gallery P P P P P P P P ( P
Church, synagogue and temple P P P P P P P P P
Dancing, music and art center P P P P ( P
General Services Land Uses
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, columbarlum or mausoleum P24 P24 P24
(20 P P P
Day care I P P P P P21
Day care II P P P P P P21 P21
Veterinary clfnlc 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 P67 P67 P P
EV battery exchange station P P P
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 ( C C C P C C
parochial)
Commercial school P P P P27 C
School district support facility C P P P P P P P
Interim recycliAg facility PB PB P P
Vocational school P P P P27 P
Government/Business Service Land Uses
Government Services:
Public agency office P P P P P P P P P
Public utility yard P P P
Public safety facilities, including pollee and
fire P29 P P P P P P
Utility facility P P P C P P P P
Private storm water management facility P P P P P P P P P
PublIc storm water management facility P P P P P P P P P
Business Services:
Contractors' office and storage yard P30 P30 P30 P P
Interim recvcllng facility P23 P23 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
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
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
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 PM P44 P44
Automobile wrecking yards C P
Manufacturing Land Uses
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 PSi PSi P P5i 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
Movie production/distribution P P
Resource Land Uses
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
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
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
Section 10. Section 22C.020.070, Permitted uses -Development conditions, of MMC
Chapter 22C.020, Commercial, Industrial, Recreation and Public Institutional Zones, is hereby
amended to read as follows:
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 nc.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) Golf facility.
fa) Structures, driVing ranges and lighted areas shall maintain a minimum distance of
SO feet from property lines adjoining residential zones.
(b) Restaurants are permitted as an accessory use to a golf course.
(14) Shooting range.
(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) Dock and boathouse, private, noncommercial.
(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;
(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 pre-existing
over-water structures along the same shoreline and within 300 feet of the parcel on
which proposed. Where no such pre-existing structures exist within 300 feet, the pier
length shall not exceed SO 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) Boat launch, noncommercial or private.
(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, the definition of "Accessory
use, commercial/industrial."
(22) Only as an accessory to a gasoline service station; see retail and wholesale
permitted use table in MMC 22C.020.060.
(23) All processing and storage of material shall be within enclosed buildings and
excluding yard waste processing.
(24) Limited to columbarlums 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) Public safety facilities. including police and fire.
(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.
(34) Reserved.
(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 International 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 shall be structurally engineered to meet the requirements
set forth in Chapter 16 of the International 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 1,000 square feet or less.
Eb) 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 ha've ffiore than one lane; provided, that upon further
development of the property the interiffi use is either removed or brought into
conforffiity with the mixed use standards.
Ec) 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 percent 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) Eating and drinkin9 places.
(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 (a.k.a. TP No. 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) Levelland Level 2 charging only.
(65) The term "rapid" Is used interchangeably with Level 3 and fast charging.
(66) Rapid (Level 3) charging stations are required to comply with the design and
landscaping standards outlined In MMC 22C.020.265.
(67) Rapid (Level 3) charging stations are required to be placed within a parking garage.
Section 11. Section 6.76.030, Identification of environments, of MMC Chapter 6.76,
Noise Regulation, is hereby amended to read as follows:
6.76.030 Identification of environments.
(1) Class A EDNA. Lands where human beings resIde and sleep, including all properties in
the city which are zoned and single-family residential or multiple-family residential
classifications.
(2) Class B EDNA. Lands Involving uses requiring protection against noise interference
with speech, Including all properties In the city which are zoned in neighborhood
business, community business, and general commercial and freeway service
classifications.
(3) Class C EDNA. Lands involving economic activities of such a nature that higher noise
levels than experienced in other areas is normally to be anticipated. Persons working in
these areas are normally covered by noise control regulations of the Department of Labor
and Industries. Such areas shall include all properties in the city which are zoned In light
Industrial and general industrial classifications.
Section 12. Section 22C.010.310, Small lot single-family dwelling development
standards, of MMC Chapter 22C.010, Residential Zones, is hereby amended to read as follows:
22C.OIO.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 an minlmUffi dimensions of sl)( feet by si)( feet; if the lot
is less than 5,000 square feet, the entry feature that Is 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 yard 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.
(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 roofllne 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
rooflines, 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.
Section 13. Section 22C.130.030, Minimum required parking spaces, of MMC Chapter
22C.130, Parking and Loading, is hereby amended to read as follows:
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 subsection (2)(e) of this section, 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;
(it) 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 10 percent of required parking. For every
five nonreqUired bicycle parking spaces that meet the ShOFt OF long teFm bicycle
parking standards in MMC Section 22C.13Q,Q6Q, the motor vehicle parking
reqUirement is reduced by one 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
(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 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 carpoolsjvanpools;
(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
(Xl) 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
is 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 Table 1:
Minimum Required Parking Spaces, the reqUirements for off-street parking shall be
determined by the community development director. If there are comparable uses,
the community development director's determination shall be based on the
reqUirements for the most comparable use(s). Where, In the judgment of the
community development director, none of the uses in 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 20 parking spaces on the site, the following standards must be met:
(a) Five spaces or five percent of the parking spaces on site, whichever Is less, must
be reserved for carpool use before 9:00 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
9:00 a.m. on weekdays.
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 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
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 2 required parking spaces In a
multifamily 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 2 required parking spaces in a
multifamily 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 4 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/CU LTU RAL USES
Movie theaters 1 per four seats
Stadiums, sports arenas and similar
open assemblies
1 per 8 seats or 1 per 100 SF of assembly space without
fixed seats
Dance halls and places of assembly
wlo 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 10 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 4 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
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 4 seats or 8 feet of bench or pew or 1 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 5 beds plus 1 space per employee and medical staff
Medical and dental clinIcs 1 per 200 SF gross floor area
Hospitals 1 per 2 beds, excluding bassinets
EDUCATIONAL USES
Elementary, junior high schools
(public and private)
5 plus 1 per each employee and faculty member
Senior high schools (public and
private)
1 per each 10 students plus 1 per each employee or faculty
member
Commercial/vocational schools 1 per each employee plus 1 per each 2 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 2
employees on maximum working shift
Warehouses, storage and wholesale
businesses
1 per each 2 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
Section 14, Section 22C.180.020, Accessory structure standards, of MMC Chapter
22C.180, Accessory Structures, Is hereby amended to read as follows:
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-R-4-8
zones, or 20 percent of the total lot area In the R-12 through R-28 and WR-R-6
18 zones; or
(II) Eighty percent of the footprint of the primary residential structure;
(111) The community de'v'elopment director may allo·.... minor deviations to these
dimensional requirements in order to accommodate industF)' 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.
(c) The community develoQment director may allow minor deviations to these
dimensional requirements in order to accommodate industry standards for building
dimensions.
(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.
(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.
Section 15. Section 22A.020.020, "A" definitions, of MMC Chapter 22A.020,
Definitions, is hereby amended by amending the definition below to read as follows:
22A.020.020 "A" definitions.
"Adult family home" means a residential home in which a the regular family abode of a
person or persons provide '""ho are providing personal care, special care. room and board
to more than one but not more than ~fettt: adults who are not related by blood or
marriage to the person or persons prOViding the services.:.) except tAat a maximum of six
adults may Be permitted If the INashlngton State Department of Social and Health
Services determines that the home and the prOVider are capaBle of meeting standards
and qualifications prOVided for bly' law (RON 70.128.010).
Section 16. Section 22C.220.070, Affordability -Low-income housing units, of MMC
Chapter 22C.220, Master Planned Senior Communities, Is hereby amended to read as follows:
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 arc 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) Affordablllty Criteria.
(a) At feast 10 percent of the total dwelling units developed shall be available at
affordable housing costs and occupied by low-income households, as defined by tAis
chapter In subsection (b) of this section. This applies to both rental and ownership
projects.
(b) For the purposes of this chapter, affordable housing is defined as "rental or
ownership housing having total housing costs, including basic utilities and any
common charges and/or maintenance fees, that do not exceed 30 percent of the
designated income limit for the housing unit; or ownership housing haVing total
housing costs, including basic utilities, that do not e)(ceed 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."
(c) Rental HQusing Unit. Affordable Rrental 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, adjusted for family size, as reported
annually by the U.s. Department of Housing and Urban Development. as adjusted for
family size.
(d) Ownership Housing Unit. 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, adjusted for family size, as
reported annually by the U.S. Department of Housing and Urban Development. as
adjusted for family size. Affordable ownership units shall be limited to owner-occupied
housing, with prices restricted to same income group, based on current underwriting
ratios and other lending standards.
Underwriting Is based on the projected mortgage for which a family with a maximum
Income of 80 oercent of the median family Income can Qualify, plus related housing
costs. Housing costs to be included in the calculation for the sales price Include the
expected principal and Interest on the mortgage loan. property taxes. homeowners
Insurance (PITI), and any common charges. homeowners' association fees and/or
maintenance fees.
(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.
Section 17. Section 22G.010.420, Zone reclassification, of IIIJMC Chapter 22G.010,
Land Use Application Procedures, is hereby amended to read as follows:
226.010.420 Zone reelftssifiefttion. Rezone criteria.
ill 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:
(-l-a) There is a demonstrated need fOr additional zoning as the type proposed;
(~b) The zone reclassIfication Is consistent and compatible with uses and zoning of
the surrounding properties;
(3c) There have been significant changes In the circumstances of the property to be
rezoned Or surrounding properties to warrant a change in classification;
(4e) The property is practically and physically suited for the uses allowed in the
proposed zone reclassification.
ill Property at the edges of land use districts can make application to rezone property to
the bordering zone without applying for a comprehensive plan map amendment if the
proponent can demonstrate:
(a) The proposed land use district will provide a more effective transition point and
edge for the proposed land use district than strict application of the comprehensive
plan map would provide due to neighboring land uses, topography, access, parcel
lines or other property characteristics:
(b) The proposed land use district supports and Implements the goals, objectives,
policies and text of the comprehensive plan mOre effectively than strict apPlication of
the comprehensive plan map: and
(c) The proposed land use change will not affect an area greater than 10 acres,
exclusive of critical areas.
Section 18. Section 22A.Ol0.160, Amendments, of fVlMC Chapter 22A,010, General
Administration, is hereby amended as follows by adding reference to this adopted ordinance in
order to track amendments to the City's Unified Development Code:
"22A.Ol0.16Q Amendments.
The follOWing amendments have been made to the UDC subsequent to its adoption:
Ordinance Title (description) Effective Date
2012 Code Clean-Up Amendments
Section 19. Severability. If any section, subsection, sentence, clause, phrase or work of
this ordinance should be held to be invalid Or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause, phrase Or word of this
ordinance.
Section 20. Effective Date. This ordinance shall become effective five days after the
date of its publication by summary.
~PASSED by the City Council and APPROVED by the Mayor this \l day of
_]\~U=N~( , 2012.
CITY OF MARYSVILLE
By:
Approved as to form: ()
By: Eft~~ If..-L; eY
GRANT K. WEED, CITY ATTORNEY
Date of Publication: ~.YV'&.. \'~ i 2..0 \ L
Effective Date: "}u,tVQ. \y 2.0 IL"
(5 days after pUbli~ation)