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HomeMy WebLinkAboutO-2979 - Amends Sec. 22A.010.160, 22A.020.040, 22C.020.070, 22C.110.020 and 22C.110.030, caretaker’s quarters (22A.010, 22A.020, 22C.020, 22C.110)CITY OF MARYSVILLE Marysville, Washington ORDINANCE NO. >f.J 1 'f AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON RELATED TO CARETAKER'S QUARTERS BY AMENDING MARYSVILLE MUNICIPAL CODE (MMC) SECTIONS 22A.020.040 "C" DEFINITIONS; 22C.110.020 PERMITTED TEMPORARY USES; 22C.110.030 EXEMPTED TEMPORARY USES; 22C.020.070 PERMITTED USES -DEVELOPMENT CONDITIONS; AND AMENDING MMC SECTION 22A.010.160 GENERAL ADMINISTRATION, RELATED TO TRACKING AMENDMENTS TO THE CITY'S UNIFORM DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. 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 a public meeting held on July 8, 2014; and WHEREAS, on October 28, 2014, the Marysville Planning Commission held a duly- advertised public hearing, which was continued to November 12, 2014; and WHEREAS, On November 12, 2014, at the continued public hearing, 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 December 8, 2014, 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 September 29, 2014, 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. MMC 22A.020.040 is hereby amended by amending Section "C" definitions to add the following definition: 22A.020.040 "C" definitions. "Caretaker's quarters" means a dwelling unit which is accessory to a oermitted commercial or institutional use that is occupied exclusively by the caretaker or manager employed by the business or institution which it serves. Said dwelling unit must be located on the same property of the business or institution it serves: is limited to one such unit per property: and must be demonstrated to be clearly incidental and subordinate to the primary business or institutional use and the structure it serves. Section 2. MMC 22C.110.020 is hereby amended as follows: 22C.110.020 Permitted temporary uses. (1) Except as provided in MMC 22C.110.030, a temporary use permit shall be required for all permitted temporary uses listed in subsection (2) 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.110.040 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 MMC Title 22C, 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) Watchmen's or caretaker's quarters when aoproved in writing by the community development director. Said caretaker's quarters must comply with the definition set forth in MMC Section 22A.020.040 and will require submittal of the following: (i) A consent letter from the owner and/or proof of ownership of the subject property or structure. (ii) A letter identifying the business or institution to be served by the caretaker's quarters. and the puroose of. and need for. the caretaker's quarters: (iii) A site plan identifying the location of the structure which will be occupied: and (iv) A floor plan identifying the area within the structure which will be occupied to ensure that the use will be incidental to the primary business or institutional use of the structure. (i) Transitory accommodations which comply with the provisions outlined in MMC 22C.110.050; (j) 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. Section 3. MMC 22C.110.030 is hereby amended as follows: 22C.110.030 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 licenses, home occupation permits, sign 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 identified under MMC 22C.110.020(2)(d); (6) Fireworks stands, subject to the provisions of Chapter 9.20 MMC, Fireworks; (7) Garage sales, 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 calendar 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) WatchffieA's er caretaker's EJUaFters vtheA apprnved by the ceffiFAUAity develepFAeAt di rector; (HlO) Portable units and manufactured homes on school sites or other public facilities when approved by the community development director; (Hli)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; (B12) 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 office 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; (-1413) Home occupations that comply with Chapter 22C.190 MMC, Home Occupations; (-1-514) 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; (-1-615) 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; (-l-716)Any permitted temporary use not exceeding a cumulative total of two days each calendar year. Section 4. MMC 22C.020.070 is hereby amended as follows: 22C.020.070 Permitted uses -Development conditions. (3) Limited to one dwelling unit for the purposes of providing on-site service and security of a commercial or industrial business. Caretaker's guarters are subject to the provisions set forth in MMC Chapter 22C.110 entitled "Temporary Uses". Section 5. MMC 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: "22A.010.160 Amendments. The following amendments have been made to the UDC subsequent to its adoption: Ordinance Title (description) Effective Date .')Q 7 q o<. 1 _ _ Caretaker's Quarters \a /,<(/I~ I 2014" I ' Sectjon 6. Severability. If any section, subsection, sentence, clause, phrase or word 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 7. 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 ~ day of -~_;__ __ P}----"""-_. __ , 2014. ::t,-st:c;lt~ APRIL O'BRIEN, DEPUTY CITY CLERK Appro. ved as to form: /} By: ,.r:J~K-W~ .·GRANT K. WEED, CITY ATTORNEY t3 Date of Publication: \d -]1-J'{ Effective Date: ublication)