HomeMy WebLinkAboutO-2923 - Amends Sec. 22A.010.160 and 22G.030.020; repeals and replaces Ch. 22C.110, land use standards, fees (22A.010, 22C.110, 22G.030)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.~
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON,
AMENDING THE CITY'S LAND USE STANDARDS REPEALING THE
CURRENT TEMPORARY USE PROVISIONS OUTLINED IN MMC CHAPTER
22C.ll0,ADOPTING A NEW MMC CHAPTER 22C.ll0,TEMPORARY
USES,AMENDING THE GENERAL FEE STRUCTURE IN MMC
22G.030.020,AND AMENDING SECTION 22A.Ol0.160 OF MMC
CHAPTER 22A.Ol0,GENERAL ADMINISTRATION,RELATED TO
TRACKING AMENDMENTS TO THE CITY'S UNIFORM DEVELOPMENT
CODE.
WHEREAS,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,the development code amendment is consistent with the following
reqUired findings of MMC 22G.010.500:
(1)The amendment is consistent with the purposes of the comprehensive plan;
(2)The amendment is consistent with the purpose of this title;
(3)There have been significant changes in the circumstances to warrant a
change;
(4)The benefit or cost to the public health,safety and welfare is sufficient to
warrant the action.
WHEREAS,the Planning Commission discussed the above-referenced amendment
during pubiic meetings held on February 12,2013 and February 26,2013;and
WHEREAS,after proViding notice to the public as reqUired by law,on March 12,
2013,the MarySVille Planning Commission held a Public Hearing on proposed amendments
to the City's development regulations;and
Chapter 22C.110 Temporary Uses llPage
WHEREAS,on March 12,2013,the Marysville Planning Commission made a
Recommendation to the City Council recommending the adoption of the proposed
amendments to the City's development regulations;and
WHEREAS,at a public meeting on April 8,2013,the Marysville City Council reviewed
and considered the Marysville Planning Commission's Recommendation and proposed
amendments to the City's development regulations;and
WHEREAS,the City of Marysville has submitted the proposed development regulation
revisions to the Washington State Department of Commerce on January 10,2013,seeking
expedited review under RCW 36.70A.160(3)(b)in compliance with the procedural
requirement under RCW 36.70A.106;and
WHEREAS,the amendments to the development regulations are exempt from State
Environmental Policy Act review under WAC 197-11-800(19);
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 March 12,2013 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.
entirety.
MMC Chapter 22C.110,Temporary Uses,is hereby repealed in its
Section 4.A new MMC Chapter 22C.110,Temporary Uses,is hereby adopted to
read as explicitly outlined in Exhibit B,attached hereto.
Section 5.The general fee structure in MMC 22G.030.020 is hereby amended as
explicitly outlined in Exhibit C,attached hereto.
Section 6.Section 22A.010.160,Amendments,of MMC 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:
Chapter 22C.ll0 Temporary Uses 21Page
"22A.Ol0.160 Amendments.
The following amendments have been made to the UDC subsequent to its adoption:
Ordinance Title (description)
::i\.'1 ~~Chapter 22C.110,Temporary Uses
Effective Date
_'f'-,/f-'d.",-:l.-~__,2013"I
Section 7.Severability.If any section,subsection,sentence,clause,phrase or
work of this ordinance should be held to be invalid or unconstitutional by a court of
competent jurisdiction,such invalidity or unconstitutionality thereof shall not affect the
validity or constitutionality of any other section,subsection,sentence,clause,phrase or
word of this ordinance.
PASSED by the City Council and APPROVED by the Mayor this
_~",¥"",,-,-,l(,--',2013.
CITY OF MARYSVILLE
day of
By:
Attest:
By:
A·
By:
GR
Date of Publication:).../-/7-/)
Effective Date:'-f.),;;),-I 3
(5 days after publication)
Chapter 22C.110 Temporary Uses 31Page
EXHIBIT A
COMMUNITY DEVELOPMENT DEPARTMENT
80 Columbia Avenue·Marysville,INA 98270
(360)363-8'100 •(360)651-5099 FAX
PC Recommendation -Chapter 22C.11 0 MMC,Temporary Uses
The Planning Commission (PC)of the City of ~1arysville,(laving held a public hearing in review of
the amendments proposed to Chapter 22C.ll0 r~MC,Temporary Uses,on rvlar~/.112,2013,and
public work sessions on February 12,2013 and February 26,2013,and having considered the
exhibits and testimony presented,does hereby enter the following findings,conclusions and
recommendation for consideration by the City Council:
FINDINGS:
1.Community Development Staff submitted the DRAFT amendments to Chapter 22C.ll0
MMC,Temporary Uses,to Washington State Department of Commerce on January 10,
2013,seeking expedited review under RCW 36.70A.160(3)(b)in comilliance with the
procedural reqUirement under RCW 36.70A.I06,
2,Washington State Department of Commerce acknowledged receipt of tile DRAFT
amendments to Chapter 22C.110 f-1MC,Temporary Uses,In a letter dated January 14,
2013 and processed with the mater'lal ID.f1 18842,
3,The proposed amendments to Chapter nc.ll0 ~1MC,Temporary Uses,is exempt from
State Environmental Polley Act review under WAC 197-11-800(19).
4.Community Development Staff forwarded the DRAFT amendments to Chapter 22C,110
rvlMC,Temporary Uses,to the Community Development Department Building Division,
Marysville Fire District,Marysville Par'l<s,Pollee and Public Works Departments for
review.
5.The Community Development Depar'tment Building Division made one minor comment
related to reqUiring building permits for temporary use exemptions,when required in
Title 16 MMC.This comment Is addressed In MNC 22C,110.030.All of tile otller
Departments and Reviewing agencies did not have any comments on the DRAFT
amendment.
6.The PC held public work sessions to review the DRAFT amendments to Chapter 22C.110
MrV1C,Temporary Uses,on February 12,2013 and February 26,2013.
7.The Planning Commission held a duly-adve.tlsed public hearing on March 12,2013 and
received testimony from staff and the public as reflected in the attached PC minutes
attached hereto as EXHIBIT A.
CONCLUSIONS:
At the pUblic hearing,the PC recommended adoption of the amendments to Chapter 22C,110
MMC,Temporary Uses,as reflected In the PC minutes attached hereto as Exhibit A.
RECOMMENDATION:
~Iragc
ir on Chair
\)
Council as a commendation of APPROVAL of the amendments to Chapter
mporary Use ,by the City of ~larysvllle Planning Commission this 12'"day of
Chapter 22C.l10 Temporary Uses
Forwarded to Ci
22C.110 1MC,
March,I
By:
EXHIBIT B
Chapter 22C.ll0
TEMPORARY USES
22C.ll0.0l0 Purpose
(1)The following provisions authorizing and regulating certain temporary uses are
intended to permit temporary uses and structures when consistent with Title 22 MMC,
Uniform Development Code,and when safe and compatible with the general vicinity and
adjacent uses.
22C.ll0.020 Permitted Temporary Uses
(1)Except as provided in MMC 22C.ll0.030,a temporary use permit shall be reqUired
for all permitted temporary uses listed in subsection (3)of this section;
(2)The folloWing types of temporary uses,activities and associated structures may be
authorized,subject to the specific limitations noted herein and as noted in MMC
22C.ll0.040 and as may be established by the community development director:
(a)Outdoor art and craft shows and exhibits;
(b)Use associated with the sale of fresh fruits,produce and flowers;
(c)Mobile services such as veterinary services for purposes of giving shots;
(d)Group retail sales such as swap meets,flea markets,parking lot sales,
Saturday Market,auctions,etc.Automobile sales are not a permitted temporary use;
(e)Use associated with festivals,grand openings or celebrations;
(f)Temporary fundraising and other civic activities in commercial or industrial
zoning districts;
(g)When elderly or disabled relatives of the occupant of an existing residence
require constant supervision and care,a manufactured home with adequate water and
sewer services located adjacent to such residences may be permitted to house the relatives,
subject to the folloWing requirements:
(i)The need for such continuous care and assistance shall be attested to
in writing by a licensed physician;
(Ii)The temporary dwelling shall be occupied by not more than two
persons;
(iii)Use as a commercial residence is prohibited;
(IV)The temporary dwelling shall be situated not less than 20 feet from the
principal dwelling on the same lot and shall not be located in any reqUired setbacks outlined
in Title 22C MMC,Land Use Standards;
(v)A current vehicular license plate,if applicable,shall be maintained
during the period of time the temporary unit is situated on the premises;
(vi)Adequate screening,landscaping or other measures shall be prOVided
to protect surrounding property values and ensure compatibility with the immediate
neighborhood;
(vii)An annual bUilding permit or manufactured home permit renewal for
the temporary dwelling shall be reqUired,at which time the property owner shall certify,on
a form prOVided by the community development department,to the continuing need for the
temporary dwelling and,in writing,agree that such use of the property shall terminate at
such time as the need no longer exists.
(h)Transitory accommodations which comply with the provisions outlined in MMC
22C.ll0.0S0;
(i)The community development director may authorize additional temporary
uses not listed in this subsection,when it is found that the proposed uses are in compliance
with the provisions of this chapter.
Chapter 22C.ll0 Temporary Uses SIPage
22C.ll0.030 Exempted Temporary Uses
The following activities and structures are exempt from requirements to obtain
temporary use approval,but are not exempt from obtaining all other applicable permits
outlined in the MMC,including but not limited to,building permits,right-of-way permits,
special events permits,business license,home occupation permits,signs permits,etc.:
(1)Uses subject to the special events provisions of Chapter 5.46 MMC,Special Events,
when the use does not exceed a total of 14 days each calendar year,whether at the same
location in the city or at different locations.
(2)Community festivals,amusement rides,carnivals,or circuses,when the use does not
exceed a total of 14 days each calendar year,whether at the same location in the city or at
different locations.
(3)Activities,vendors and booths associated with City of Marysville sponsored or
authorized special events such as Home Grown;
(4)Retail sales such as Christmas trees,seasonal retail sale of agricultural or
horticultural products.Christmas tree sales are allowed from the Saturday before
Thanksgiving Day through Christmas Day only;
(5)Individual booths in an approved temporary use site for group retail indentified
under MMC 22C.ll0.020(2)(d)of this section;
(6)Fireworks stands,subject to the provisions of Chapter 9.20 MMC,Fireworks;
(7)Garage saies,moving sales,and similar activities for the sale of personal belongings
when operated not more than three days in the same week and not more than twice in the
same caiendar year.
(8)Manufactured homes,residences or travel trailers used for occupancy by supervisory
and security personnel on the site of an active construction project;
(9)Contractor's office,storage yard,and equipment parking and servicing on the site of
an active construction project.
(10)Watchmen or caretakers quarters when approved by the community development
director;
(11)Portable units and manufactured homes on school sites or other public facilities when
approved by the community development director;
(12)A manufactured home or travel trailer with adequate water and sewer service used
as a dwelling while a residential bUilding on the same lot is being constructed or while a
damaged residential bUilding is being repaired.The manufactured home or travel trailer
shall be removed upon completion of the permanent residential structure construction,
when repair is completed,or after one year,whichever occurs first.
(13)Model homes or apartments and related real estate sales and display activities
located within the subdivision or residential development to which they pertain.A
temporary real estate office may be located in a temporary structure erected on an existing
lot within a residential subdivision,if approved by the community development director.If
approved,a temporary real estate offices shall comply with the following conditions:
(a)The temporary real estate office may be used only for sale activities related to
the subdivision in which it is located;
(b)The temporary real estate office shall have an Americans with Disabilities Act
(ADA)accessible restroom located in or adjacent to said office;
(c)ADA accessibility shall be proVided to the temporary real estate office.
General site,accessible routes and bUilding elements shall comply with ICC/ANSI A117.1-
2003 or current edition;
(d)The temporary real estate office shall meet all applicable bUilding and fire
codes,or shall be immediately removed;and
(e)The temporary real estate office shall be removed immediately upon the sale
of the last lot within the subdivision.
(14)Home occupations that comply with Chapter 22C.190 MMC,Home Occupations.
Chapter 22C.1l0 Temporary Uses 61Page
(15)Fundraising car washes.The fundraising coordinator is required to obtain a clean
water car wash kit from the Marysville Public Works Department in order to prevent water
from entering the public storm sewer system.
(16)Vehicular or motorized catering such as popsicle/ice cream scooters and self-
contained lunch wagons which cater to construction sites or manufacturing facilities.Such a
use must remain mobile and not be utilized as parking lot sales;
(17)Any permitted temporary use not exceeding a cumulative total of two days each
calendar year.
22C.ll0.040 Decision Criteria
(1)The community development director,or designee,may authorize temporary uses
after consultation and coordination with all other applicable city departments and other
agencies and only when all the following determinations can be made:
(a)The temporary use will not impair the normal,safe,and effective operation of
a permanent use on the same site.
(b)The temporary use will be compatible with uses in the general vicinity and on
adjacent properties.
(c)The temporary use will not significantly impact public health,safety or
welfare,or create traffic hazards or congestion,or otherwise interrupt or interfere with the
normal conduct of uses and activities in the vicinity.
(d)The use and associated structures will be conducted and used in a manner
compatible with the surrounding area.
(e)The use shall comply with the goals,policies and standards of Title 22C MMC,
Unified Development Code.
(2)General Conditions.
(a)A temporary use conducted in a parking facility shall not occupy or remove
from availability more than 25 percent of the spaces required for the permanent use.
(b)Each site occupied by a temporary use must provide or have available
sufficient parking and vehicular maneuvering area for customers.Such parking need not
comply with Chapter 22C.130 MMC,Parking and Loading,but must provide safe and
efficient interior circulation and ingress and egress to and from public rights-of-way.
(c)The applicant for a proposed temporary use shall proVide any parking/traffic
control attendants as specified by the city of Marysville.
(d)The temporary use shall comply with all applicable standards of the
Snohomish Health District.
(e)No temporary use shall occupy or use public parks in any manner unless
specifically approved by the parks department.
(f)The temporary use permit shall be effective for no more than 180 days from
the date of the first event or occurrence.
(g)No temporary use shall occupy or operate within the city of Marysville for
more than 60 days within any calendar year,unless otherwise restricted in this chapter.The
60 days need not run consecutively.The 60 days may occur at any time within the 180-day
term of the temporary use permit as long as each day is designated and approved.
(h)Parking lot sales (excluding automobile sales)shall not exceed a total of 14
days each calendar year.The 14 days need not run consecutively.The 14 days may occur
at any time within the 180-day term of the temporary use permit as long as each day is
designated and approved.
(i)The temporary use permit shall specify a date upon which the use shall be
terminated and removed.
(j)A temporary use permit shall not be granted for the same temporary use on a
property more than once per calendar year;provided,that a temporary use permit may be
granted for multiple events during the approval period.
Chapter 22C.ll0 Temporary Uses 71Page
(k)All temporary uses shall obtain,prior to occupancy of the site,all applicable
city of MarySVille permits,licenses and other approvals (i.e.,business license,bUilding
permit,administrative approvals,etc.).
(I)The applicant for a temporary use shall supply written authorization from the
owner of the property on which the temporary use is located.
(m)Each site occupied by a temporary use shall be left free of debris,litter,or
other evidence of the temporary use upon completion of removal of the use.
(n)All materials,structures and products related to the temporary use must be
removed from the premises between days of operation on the site;provided,that materials,
structures and products related to the temporary use may be left on site overnight between
consecutive days of operation.
(0)The community development director,or designee,may establish such
additional conditions as may be deemed necessary to ensure land use compatibility and to
minimize potential impacts on nearby uses.These include,but are not limited to,time and
frequency of operation,temporary arrangements for parking and traffic circulation,
requirement for screening or enclosure,and guarantees for site restoration and cleanup
following temporary uses.
22C.ll0.0S0 Transitory Accommodations
(1)"Transitory accommodations"shall mean tents,sheds,lean-tos,tarps,huts,cabins,
trailers or other enclosures which are not permanently attached to the ground,may be
easily erected and dismantled,and are intended for temporary occupancy,usually for
recreational or humanitarian purposes.Transitory accommodations are permitted prOVided
the community development director determines on a case-by-case basis that such use
possesses no characteristics which would adversely impact the community in any way,or
that any potentially adverse characteristics can be adequately minimized and/or mitigated
so as not to be materially detrimental to the health,safety and welfare of the community.
Transitory accommodations can vary widely in their characteristics,which include but are
not limited to size of site,surrounding land uses,duration,number of occupants,noise
generation,and light and glare emanation.Accordingly,certain types of transitory
accommodations may require the imposition of extensive conditions to mitigate potential
adverse impacts to the community,while others may not;in some cases,adequate
mitigation of impacts may not be feasible,and a proposed transitory accommodation
consequently may not be allowed.The community development director shall therefore
have the authority to approve,approve with conditions,or deny a permit for a transitory
accommodation proposal,after consideration of the performance criteria set forth herein.
(2)Process
(a)A transitory accommodation permit shall be reqUired prior to the
commencement of such a use,unless the community development director determines,
after consideration of the performance criteria set forth in this section,that the proposed
transitory accommodation possesses no characteristics which might adversely impact the
community.The prospective transitory accommodation host (property owner and lessee,if
applicable),sponsor and manager shail jointly apply for the transitory accommodation
permit and shall be jointly and severally responsible for compliance with all conditions of the
permit."Applicant",as used in these regulations,shali mean the transitory accommodation
host,sponsor and manager."Proponent",as used in these regulations,shall mean the
prospective host,sponsor and manager prior to submittal of an application for a transitory
accommodation permit.
(b)A transitory accommodation permit shall be processed as set forth in Chapter
22G.010 Article V Code Compliance and Director Review Procedures.Permit processing fees
for a transitory accommodation permit shall be established in MMC 22G.030.020.
(c)The applicant shall identify potential adverse effects of the proposed
transitory accommodation on neighboring properties and the community and shall develop
Chapter 22C.ll0 Temporary Uses 81Page
measures to mitigate such effects.The applicant shall submit a written transitory
accommodations impact mitigation plan with the permit application.The plan shall contain
a narrative and drawing(s)that describe,to the satisfaction of the community development
director,the measures the applicant will use to mitigate the effects of the transitory
accommodation.At a minimum,the plan shall specifically describe the measures that will
be implemented to satisfy the approval criteria provided in MMC 22C.1l0.0S0(3)through
(7),except for criteria specifically waived by the community development director.The plan
shall include a code of conduct and the names and phone numbers of all persons comprising
the applicant.The form and organization of the mitigation plan shall be as specified by the
community development director,but the elements of the plan shall be integrated and
bound together.The approved transitory accommodation impact mitigation plan shall be
signed by the community development director and the applicant,and implementation,
continuing compliance and enforcement of the plan shall be a condition of permit approval.
(d)Advance discussions with nearby child care facilities and schools.
(i)Prior to applying for a transitory accommodation permit,the proponent
shall provide written notice to any licensed child care facility and the administration of any
public or private elementary,middle,junior high or high school within 600 feet of the
boundaries of the proposed transitory accommodations site,and shall seek comments from
said child care facility and school administration.The written notice shall be served in a
manner prescribed by the City and shall be on a form proVided by the City.
(ii)Where no comments are received,or where said child care facility(ies)
or the administration and/or governing body of said school(s)is supportive of the proposal,
the proponent shall submit a sworn affidavit to this effect with the application.
(iii)Where said child care facility(ies)or the administration of said
school(s)registers objections or concerns regarding the proposed transitory
accommodations,the proponent shall attempt to resolve such objections or concerns via a
negotiated mitigation plan between the proponent and the child care facility(ies)or
school(s).Such a plan shall be submitted with the application and shall be incorporated in
the conditions of the permit.No agreed mitigation plan may violate any provision of this
chapter.Where the negotiations do not result in a mutually agreed upon mitigation plan
within 30 days of receipt by the child care facility or school administration of the initial
notice from the proponent,but the parties desire to continue to pursue resolution of the
issues,the parties may request mediation services from or through the City.In the event
the parties cannot reach agreement after a good faith effort for not less than 30 days,from
receipt by the child care facility or the school administration of the initial notice from the
proponent,the proponent may submit an application but shall provide a record of the
negotiations between the parties,including but not limited to copies of all correspondence
and meeting notes.In evaluating the application against the performance criteria set forth
herein,the director shall consider the topic(s)of the unsuccessful negotiations and the
extent to which the parties demonstrated good faith in their discussions."Good faith"in
this context shall mean recognition of the legitimacy of,and a Willingness to reasonably
accommodate,each party's needs,desires and concerns.
(e)Decisions of the community development director may be appealed.Such
appeals shall be heard and decided by the hearing examiner in accordance with procedures
set forth in Chapter 22G.060 MMC,Hearing Examiner.
(f)Emergencies.The community development director may waive these
requirements for a proscribed period of time when a natural or man-made disaster
necessitates the immediate establishment of transitory accommodations.
(g)Failure to comply.If a transitory accommodation permit has been issued,
and the community development director determines that the applicant has violated any
condition of that permit,the director shall issue a notice of violation and required
compliance in accordance with the procedures set forth in Chapter 4.02 MMC,Enforcement
Procedures.Failure to correct the violation after a reasonable time for compliance shall
Chapter 22C110 Temporary Uses 91Page
result in revocation of the permit.In such an event all activities associated with the
accommodation shall cease immediately and the site shall immediately be vacated and
restored to its pre-accommodation condition.
(3)Site performance criteria.
(a)Size.The site shall be of sufficient land area to support the activities of the
transitory accommodation without overcrowding of occupants,intruding into required
setbacks or critical areas,destroying vegetation,eroding soils or otherwise overtaxing the
land.Where deemed necessary by the community development director,the applicant shall
provide a site plan indicating the location of the proposed transitory accommodation on the
host property;its area in square feet;and the proposed distribution of,and allocation of
space for,anticipated activities including but not limited to sleeping,eating,socializing,and
bathing and other personal functions.
(b)Setbacks from property line.All activities of the transitory accommodation
shall be set back from adjacent properties a sufficient distance so as not to impinge upon or
otherwise unduly influence activities on said adjacent properties.The transitory
accommodation shall be positioned on the property in the location that results in the least
adverse impact to occupants of neighboring properties.The community development
director may require the applicant to change the proposed location of the transitory
accommodation to mitigate adverse impacts to occupants of neighboring properties.Where
deemed necessary by the community development director,the applicant shall provide a
site pian indicating bUildings and uses on properties surrounding the proposed transitory
accommodation,and the distance the proposed accommodation would be set back from
surrounding property lines.A transitory accommodation shall be set back no less than 20
feet from the exterior boundary lines of adjacent properties unless the owners of such
properties consent in writing to a reduction or waiver of such setback.
(c)Screening of activities.Where deemed necessary by the community
development director,activities of the transitory accommodation shall be obscured from
view from adjacent properties,by a minimum six-foot-high temporary sight-obscuring
fence,an existing sight-obscuring fence,existing dense vegetation,an existing topographic
difference,distance from exterior property lines,or other means,to the maximum extent
feasible.
(d)Parking.Adequate parking for the transitory accommodation shall be
provided so as not to reduce parking utilized by existing surrounding uses.Where deemed
necessary by the community development director,the applicant shall provide a proposed
parking plan which addresses the following:
(i)A description of parking capacity,both on-site and on-street,that
describes the amount and location of parking prior to the transitory accommodation and any
displacement of parking resulting from the transitory accommodation;and
(ii)Any circumstances which may reduce the normal demand for parking,
such as off-peak-season use;and/or any mechanisms or strategies to reduce parking
demand,such as the provision of shuttle buses for the use of occupants of the transitory
accommodations,or the provision of shared parking agreements with adjacent uses.
(e)Critical areas.All proposed transitory accommodations shall comply with the
city's critical areas regulations as set forth in Chapter 22E.010 MMC,Critical Areas
Management.Where deemed necessary by the community development director,the
applicant shall provide a site plan indicating the presence and extent of any critical areas.
(f)Restoration of site.Upon cessation of the temporary accommodation,the site
shall be restored,as near as possible,to its original condition.Where deemed necessary by
the community development director,the applicant shall re-plant areas in which vegetation
had been removed or destroyed.
(4)Duration performance criteria.
(a)Length of time.The proposed transitory accommodations shall be in
operation the minimal length of time necessary to achieve the recreational,humanitarian or
Chapter 22C.1l0 Temporary Uses 10 I P age
other objective(s)of the applicant.Where deemed necessary by the community
development director,the applicant shall provide a narrative explaining the objective(s)the
applicant seeks to achieve,and the amount of time the applicant believes necessary to
achieve that objective.However,under no circumstances shall a proposed transitory
accommodation be allowed in one location for more than 90 days,either consecutively or
cumulatively,during any 12-month period,except that where the ninetieth day falls on a
Friday,an additional two days shall be allowed to dismantle and remove the accommodation
over the immediately following weekend.
(5)Health and safety performance criteria.Transitory accommodations shall be
operated in such a manner as to ensure the health and safety of occupants of the subject
and surrounding properties.Accordingly,all transitory accommodations shall comply with
the following:
(a)Health regulations.All applicable city,county and state regulations pertaining
to public health shall be met.
(b)Fire safety.Inspections of the accommodation by the city or MarySVille Fire
District for fire safety purposes may be conducted at any time and without prior notice.
Adequate access,as determined by the fire marshal,shall be maintained within and around
the accommodation at all times to ensure that emergency vehicles can ingress/egress the
site.
(c)Building code inspections.Inspections of the accommodation by the city to
ensure the public health and safety with regard to structures may be conducted at any time
and without prior notice.
(d)Drinking water and solid waste.An adequate supply of potable water shall be
available on-site at all times.Adequate toilet facilities shall be prOVided on-site,as
determined by the public works director.All city,county and state regulations pertaining to
drinking water connections and solid waste disposal shall be met.
(e)Trash.Adequate facilities for dealing with trash shall be prOVided on-site.A
regular trash patrol or other method of regular maintenance in the immediate vicinity of the
site shall be provided.
(6)Conduct and security performance criteria.
(a)Noise.Any transitory accommodation shall comply with city noise regulations
as set forth in Chapter 6.76 MMC,Noise Regulation.Where deemed necessary by the
community development director,the applicant shall provide a plan to mitigate potential
noise impacts.
(b)Light and glare.Any light fixture which causes direct glare and/or reflections
from any point along the property line or toward public rights-of-way in a manner that
causes a visual distraction to vehicles,bicycles,or pedestrians,as determined by the
director of public works,shall be prohibited.Where deemed necessary by the community
development director,the applicant shall provide a plan to mitigate potential light and glare
impacts.
(c)Security.Any transitory accommodation shall comply with city regulations
regarding lawful behavior as set forth in MMC Title 6,Penal Code.Any transitory
accommodation shall prOVide all required legal access to public areas of the site by the city
of MarySVille police department and any other relevant law enforcement agency at all times.
Additionally,where deemed necessary by the community development director or the police
chief,the applicant shall provide for the following:
(i)The applicant shall take all reasonable and legal steps to obtain
verifiable identification,such as a valid driver's license,government-issued identification
card,military identification card,or passport,from all prospective and current transitory
residents.
(ii)The applicant will use such identification to obtain warrant and sex
offender checks from the Snohomish County Sheriff's office or other relevant authority.The
anonymity of the requesting party shall be maintained.
Chapter 22C.ll0 Temporary Uses lllPage
(iii)If said check reveals that the subject of the check is a sex offender,
required to register with the city,county or state authorities pursuant to RCW 9A,44.130,
then the applicant shall immediately reject the subject of the check for residency in the
transitory accommodation or eject the subject of the check if that person is currently a
resident of the accommodation,and shall immediately notify the Marysville police
department of such rejection or ejection.
(iv)If said check reveals that the subject of the check has an existing or
outstanding warrant,then the applicant may select either of the following alternative
actions:
(A)Immediately reject or eject the subject of the check and
immediately notify the Marysville police department of such rejection or ejection;or
(B)Request the Marysville police department to confer with the
agency or court of jurisdiction from which the warrant originated to determine whether or
not said agency or court desires the warrant to be served.If the originating agency or court
desires the warrant to be served,the Marysville police department shall do so immediately.
If the originating agency or court declines warrant service,due to the minor nature of the
offense for which the warrant was issued or for other reasons,the subject may enter or
remain in the transitory accommodation;provided,that the applicant actively assists the
subject in resolving the warrant.
(v)The applicant shall keep a log of all individuals who stay overnight in
the transitory accommodation,including names and dates.Logs shall be kept for a
minimum of six months following the expiration of the transitory accommodation permit and
provided to the city upon request.
(vi)The applicant shall provide on-site security,as approved by the
community development director in consultation with the city of Marysville police
department.
(d)Codes of conduct.The applicant shall provide and enforce a written code of
conduct which mitigates impacts to neighbors and the community.Said code shall be
incorporated into the conditions of approval.
(7)Other performance criteria.
(a)Indemnification.The applicant shall defend,indemnify,and hold the city,its
officers,officials,employees and volunteers harmless from any and all claims,injuries,
damages,losses or suits of any nature,including attorney fees,due to the acts or omissions
of the applicant in connection with the operation of the transitory accommodation.
(b)Liability insurance.Where deemed necessary by the community development
director,the applicant shall procure and maintain in full force,through the duration of the
transitory accommodation,comprehensive general liability insurance with a minimum
coverage of $1,000,000 per occurrence/aggregate for personal injury and property damage.
(c)Other Criteria.Where deemed necessary,the community development
director may identify other performance criteria;require the applicant to describe the
potential impacts of the proposed transitory accommodation with respect to those criteria;
and determine if measures are warranted to minimize or otherwise mitigate such impacts.
Chapter 22C.ll0 Temporary Uses 12 I P age
EXHIBIT C
22G.030.020 General fee structure
The community development department is authorized to charge and collect the
following fees:
Type of Activity Fee
Land Use Review Fees
Administrative approval (bed and breakfast,accessory $250.00
dwelling unit,or similar request)
Annexation:
Under 10 acres $250.00
Over 10 acres $750.00
Appeals (quasi-judicial):
For activity that requires a hearing for the primary project $250.00
action
For activity that would not have required a hearing for the $500.00
primary action
Appeals (administrative)$250.00
Boundary line adjustment (up to two lots)$500.00
Comprehensive plan amendment:
Map amendment with rezone (under 5 acres)$2,500
Map amendment with rezone (over 5 acres)$5,000
Text amendment $500.00
Conditional use permit (administrative):
Residential $1,000 +$100.00 for each unit
Group residence or communication facility $2,500
Commercial (including RV park,churches)$3,500
Conditional use permit (public hearing)Administrative fee +$1,500
Critical areas review:
Under 0.50 acre $250.00
0.51 - 2 acres $500.00 (+peer review costs if applicable)
2.01 -10 acres $1,500 (+peer review costs if applicable)
10.01 -20 acres $2,500 (+peer review costs if applicable)
20.01 -50 acres $3,500 (+peer review costs if applicable)
50.01+acres $5,000 (+peer review costs if applicable)
EIS preparation and review All direct,indirect costs and materials
($135.00/hour for staff time)
Home occupation (administrative approval)$50.00
Chapter 22C.110 Temporary Uses 13 I P age
Lot status determination:
Readily verifiable with documents submitted by applicant $50.00
Requires research and detailed document evaluation and $200.00
confirmation
Minor modifications (to subdivision,site plan)$350.00
Miscellaneous reviews not otherwise listed $120.00jhour
Preapplication review fee $350.00 (fee will be credited upon
application submittal if filed within 90
days of the preapplication meeting)
Rezone:
Commercial (plus site plan charges if combined with project $2,500
level review)
PRD and mixed use overlay (plus site plan or subdivision $2,500
charges)
SEPA checklist:
Residential (1 -9 lots or dwelling units)$350.00
Residential (10 -20 lots or dwelling units)$500.00
Residential (21 -100 lots)$1,000
Residential (greater than 100 lots or units)$1,500
Commercial/industrial (0 -2 acres)$350.00
Commercial/industrial (2 -20 acres)$750.00
Commercial/industrial (greater than 20 acres)$1,500
Shoreline permit (administrative review)$1,000
Shoreline permit,shoreline conditional use permit,or $5,000
shoreline variance permit with public hearing
Site plan review (commercial,multifamily,PRD,master
plan):
Under 0.50 acre $500.00 +$50.00jlot or unit
0.51 -2 acres $750.00 +$50.00jlot or unit
2.01 -10 acres $2,000 +$50.00jlot or unit
10.01 -20 acres $5,000 +$45.00jlot or unit
20.01+acres $7,500 +$40.00jlot or unit
Sitejsubdivision plan review (with utility availability for
county projects):
Under 0.50 acre $500.00
0.51 -2 acres $750.00
2.01 -10 acres $2,000
10.01+acres $5,000
Subdivisions:
Preiiminary binding site plan (commercial,industrial)$5,000 +$100.00jlot or unit
Preliminary plat $5,000 +$100.00jlot or unit
Preliminary short plat $3,000 +$100.00jlot or unit
Final binding site plan,plat or short plat $1,000 +$100.00jlot or unit
Chapter 22C.ll0 Temporary Uses 14 I P age
Subdivision requests (time extension,amendment)$200.00
Temporary use permit $50.00
Transitory Accommodations permit $500.00
Variance (quasi-judicial decision -zoning,utility)$500.00
Zoning code text amendment $500.00
Fast-track overtime (when authorized by both the $165.00/hour for overtime worked,in
department and applicant,for project reviews prioritized on addition to regular project review fees
overtime basis)
Engineering Review and Construction Inspection Fees
Engineering construction plan review:
Residentiai (full plan sets -roads,drainage,utilities)$225.00/lot or unit (for duplex or
condominium projects),$2,000 minimum
for first two reviews,$120.00/hour for
each subsequent review
Residential (partial construction review -i.e.,utilities,$100.00/lot or unit (for duplex or
grading)condominium projects),$1,000 minimum
for first two reviews
Multipie residentia1/commerciaI/industriai $250.00 administrative base fee +
$135.00/hour
Engineering,design and development standards $250.00
modifications/variances (administrative)
Miscellaneous reviews not otherwise listed,and hourly rate $120.00/hour
from January 1,2005,for projects initiated prior to 2005
(prior rates charged for hours worked prior to 2005)
Fast-track overtime (when authorized by both the $165.00/hour for overtime worked,in
department and applicant,for project reviews prioritized on addition to regular project review fees
overtime basis)
Construction Inspection Fees
Security for performance/security for maintenance fee $20.00/lot or unit,with a minimum
amount being $250.00
Inspection for water,sewer,storm,street improvements $250.00/lot or unit (for duplex or
associated with approved residentiai construction plans condominium projects),$2,000 minimum
Inspection for utilities only (residential)$100.00/lot or unit (for duplex or
condominium projects),$1,000 minimum
Multiple residential/commercial/industrial $250.00 administrative base fee +
$135.00/hour
Right-of-way permit $250.00
Miscellaneous reviews and inspections not otherwise listed,$120.00/hour
and hourly rate from January 2005 for projects initiated prior
to 2005 (prior rates charged for hours worked prior to 2005)
Fast-track overtime (when authorized by both the $165.00/hour for overtime worked,in
department and applicant,for project reviews and addition to regular project inspection fees
inspections prioritized on overtime basis)
Impact Fee Administration Charge
School impact fee administrative charge $50.00/single-family or duplex,or
$100.00/apartment building
Chapter 22C.110 Temporary Uses 15 I P age