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HomeMy WebLinkAboutO-3054 - Updating the City's Development Regulation and Amending Sections of the MMCCITY OF MARYSVILLE Marysville, Washington ORDINANCE NO. ?x'>S-t.{ AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, UPDATING THE CITY'S DEVELOPMENT REGULATIONS AND AMENDING SECTIONS 22A.020.0SO, 22A.020.070, 22A.020.200, 22C.010.060, 22C.010.070, 22C.010.090, 22C.010.210, 22C.010.220, 22C.020.060, 22C.020.070, 22C.020.190, 22C.130.030, 22C.160.080, 22G.080.100, AND 22A.010.160 OF THE MARYSVILLE MUNICIPAL CODE. WHEREAS, the State Growth Management Act, Chapter 36.70A RCW mandates that cities periodically review and amend development regulations, including 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 November 22, 2016, January 10, 2017, and January 24, 2017, the Planning Commission discussed proposed amendments to MMC Sections 22A.020.050, 22A.020.070, 22A.020.200, 22C.010.060, 22C.010.070, 22C.010.090, 22C.010.210, 22C.010.220, 22C.020.060, 22C.020.070, 22C.020.190, 22C.130.030, 22C.160.080, 22G.080.100, and 22A.010.160; and WHEREAS, the City of Marysville has submitted the proposed development regulation revisions to the Washington State Department of Commerce on January 30, 2017, as required by 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); WHEREAS, after providing notice to the public as required by law, on February 14, 2017, the Marysville Planning Commission held a Public Hearing on the proposed amendments to the City's development regulations; and WHEREAS, on February 14, 2017 the Planning Commission made a Recommendation to the City Council recommending the adoption of the proposed amendments to MMC Sections 22A.020.050, 22A.020.070, 22A.020.200, 22C.010.060, 22C.010.070, 22C.010.090, 22C.010.210, 22C.010.220, 22C.020.060, 22C.020.070, 22C.020.190, 22C.130.030, 22C.160.080, 22G.080.100, and 22A.010.160; and WHEREAS, at a public meeting on April 10, 2017 the Marysville City Council reviewed and considered the Planning Commission's Recommendation and proposed amendments to the development regulations; and 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 February 14, 2017 Recommendation regarding the proposed development regulation amendments, 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.010.520, the following findings are made regarding the development regulation amendments which comprise this ordinance: (1) The amendments are consistent with the purposes of the comprehensive plan; and (2) The amendments are consistent with the purpose of Title 22 MMC; and (3) There have been significant changes in the circumstances to warrant a change; and (4) The benefit or cost to the public health, safety, and welfare is sufficient to warrant the action . Section 3. Section 22A.020.050, "D" definitions, of the Marysville Municipal Code is hereby amended by adding a new definition to read as follows: "Dwelling" means a shelter in which a person or people live. Section 4. Section 22A.020.070, "F" definitions, of the Marysville Municipal Code is hereby amended by adding a new definition to read as follows: "Flagpole" means a tall pole on which a flag is or can be displayed. Section 5. The definition of "sign" as contained in Section 22A.020.200, "S" definitions, of the Marysville Municipal Code is hereby amended to read as follows: "Sign" means any device, fixture, or placard that is visible from a public right-of-way or surrounding properties and uses graphics, symbols, logos, or written copy conveying a message or image and used to inform or attract the attention of the public, such as advertising or identifying an establishment, product, goods, service or activity. A sign may have multiple faces and advertise multiple on-premises establishments, businesses, products, services, or activities. This definition does not include any flag of any country, state or local jurisdiction. Unless the context clearly provides to the contrary, a "sign" as used in this chapter also includes the "sign structure." Section 6. Section 22A.020.200, "S" definitions, of the Marysville Municipal Code is hereby amended by adding a new definition to read as follows: "Social services" means public or nonprofit establishments, organizations or agencies that provide counseling, therapy or other social or human services to persons needing such services due to physical, mental, emotional, or other disabilities. Section 7. Section 22C.010.060, Permitted uses, of the Marysville Municipal Code is hereby amended to read as follows: WR WR R-R-R-4-R-6-R- Specific Land Use 4.5 6.5 R-8 8 R-12 R-18 R-28 18 MHP Residential Land Uses Dwelling Units, Types: Single detached (14) Pll Pll Pll Pll Pll Pll Pll Pll P43 Model home P30 P30 P30 P30 P30 P30 P30 P30 P30 Cottage housing C6 C6 C6 C6 C6 C6 C6 C6 Duplex (14) cs PS PS PS 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-bu i It 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 : WR WR R- R-R-4-R-6-R- Specific Land Use 4.5 6.5 R-8 8 R-12 R-18 R-28 18 MHP Residential accessory uses (1), (9), (10) .. p p p p p p p p p {49}, {50} 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 C46 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 Personal 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 WR WR R-R-R-4-R-6-R- Specific Land Use 4.5 6.5 R-8 8 R-12 R-18 R-28 18 MHP Day care I P20 P20 P20 P20 P20 P20 P20 P20 P20 Day care II C25 C25 C25 C25 c c c c C25 Stable c c c c Kennel or cattery, hobby c c c c c c c c Electric vehicle (EV) charging station (38), p p p p p p p p (39) EV rapid charging station (40), (41), (42) p p p p Health Services: Medical/dental clinic c c c c Education Services: Elementary, middle/junior high, and senior c c c c c c c c c 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 police and C26 C26 C26 C26 C26 C26 C26 C26 C26 fire Utility facility p p p p p p p p p Private storm water management facility p p p p p p p p p WR WR R- R-R-4-R-6-R- Specific Land Use 4.5 6.5 R-8 8 R-12 R-18 R-28 18 MHP 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 P47 P47 P47 Wireless communication facility (28) p p p p p p p p p c c c c c c c c c State-Licensed Marijuana Facilities: Marijuana cooperative (48) Marijuana processing facility -Indoor only (48) Marijuana production facility -Indoor only (48) Marijuana retail facility (48) 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: WR WR R- R-R-4-R-6-R- Specific Land Use 4.5 6.5 R-8 8 R-12 R-18 R-28 18 MHP 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 facility c c c c c c c c c Nonhydroelectric generation facility c c c c c c c c c Transit park and pool lot p p p p p p p p Transit park and ride lot c c c c c c c c School bus base C36 C36 C36 C36 C36 C36 C36 C36 Racetrack C37 C37 C37 C37 C37 C37 C37 C37 College/university c c c c c c c c Section 8. Section 22C.010.070, Permitted uses -Development conditions, of the Marysville Municipal Code is hereby amended to read as follows: (1) Accessory dwelling units must comply with development standards in Chapter ?2~_,_JJ3-Q. 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 Cha pt er 22C.190 MMC. (6) Subject to cottage housing provisions set forth in MMC 2_2(-'-QJ,0.280. (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; (~a) 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; (Qc) Meet all design standards applicable to all other single-family homes in the neighborhood in which the manufactured home is to be located.;_ (c) Be no more than five years old, as evidenced by the date of manufacture recorded on the HUD data plate. An administrative variance to the requirement that a manufactured home be no more than five years old may be granted by the community development director only if the applicant demonstrates all of the following: (i) The strict enforcement of the provisions of this title creates an unnecessary hardship to the property owner; (ii) The proposed manufactured home is well maintained and does not present any health or safety hazards; (iii) The variance is necessary or warranted because of the unique size, shape, topography, location, critical areas encumbrance, or other feature of the subject property; (iv) The proposed manufactured home will be compatible with the neighborhood or area where it will be located; (v) The subject property is otherwise deprived, by provisions of this title, of rights and privileges enjoyed by other properties in the vicinity and within an identical zone; (vi) The need for the variance is not the result of deliberate actions of the applicant or property owner; and (vii) The variance is the minimum necessary to grant relief to the applicant. (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 dwelling is allowed per lot except in planned residential developments, through the provisions of Chapter 22G .080 MMC, using the binding site plan (BSP) process outlined in Chapter 22G.100 MMC, and designated on the face of the BSP, for multiple single-family detached dwellings on a single parcel; or accessory dwelling units through the provisions of Chapter 22C.180 MMC. (15) Subject to Chapter 22C.220 MMC, Master Planned Senior Communities. (16) The following conditions and limitations shall apply, where appropriate: (a) Parks are permitted in residential and mixed use zones when reviewed as part of a subdivision, mobile/manufactured home park, or multiple-family development proposal; otherwise, a conditional use permit is required; (b) Lighting for structures and fields shall be directed away from residential areas; and (c) Structures or service yards shall maintain a minimum distance of 50 feet from property lines adjoining residential zones. ( 17) Golf facilities shall comply with the following: (a) Structures, driving ranges and lighted areas shall maintain a minimum distance of 50 feet from property lines adjoining residential zones. (b) Restaurants are permitted as an accessory use to a golf course. (18) Only as an accessory to a cemetery. (19) Structures shall maintain a minimum distance of 100 feet from property lines adjoining residential zones. (20) Only as an accessory to residential use and subject to the criteria set forth in Chapter 22C.200 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) Day care Ils must be located on sites larger than one-half acre and are subject to minimum standards identified in Chapter 22C.200 MMC for day care 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 22C.250 MMC including, but not limited to, the siting hierarchy, MMC 22C.2.50.060. 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. (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) Level 1 and Level 2 charging only. (39) Allowed only as an accessory use to a principal outright permitted use or permitted conditional use. (40) The term "rapid" is used interchangeably with "Level 3" and "fast charging." (41) Only "electric vehicle charging stations -restricted" as defined in Chapter 2.2A,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 .2.2.~,JJ._Q,_Q;3-Q(12). ( 48) No person or entity may produce, grow, manufacture, process, accept donations for, give away, or sell marijuana concentrates, marijuana-infused products, or usable marijuana within residential zones in the city. Provided, activities in strict compliance with RCW 69.51A.210 and 69.51A.260 are not a violation of the Marysville Municipal Code. (49) Shipping/cargo and similar storage containers are prohibited on lots within a platted subdivision and properties under one acre in size. Shipping/cargo and similar storage containers may be located on properties over one acre in size if located behind the primary residence, observe all setbacks applicable to an accessory structure, and are screened from public view. (50) Accessory structures may not be utilized as, or converted to, a dwelling unless the structure complies with the accessory dwelling unit standards outlined in MMC 22C.180.030. Section 9. Section 22C.010.090, Densities and dimensions -Development conditions, of the Marysville Municipal Code is hereby amended to read as follows: (1) Maximum Density -Dwelling Unit/Acre. (a) The maximum density for R-12, R-18, R-28, WR-R-4-8 and WR-R-6-18 zones may be achieved only through the application of residential density incentive provisions outlined in Chapter 22C.090 MMC. (b) The maximum net density for the single-family zones is the same as the base density; provided, that for PRD developments the maximum density may be increased by up to 20 percent through the application of residential density incentive provisions outlined in Chapter 22C.090 MMC. (2) The minimum lot sizes for duplexes apply to lots or parcels which existed on or before the effective date of the ordinance codified in this chapter. All new duplex lots created through the subdivision or short subdivision process shall be a minimum of 12,500 square feet in size in the R4.5 zone, and 7,200 square feet in size in the R-6.5, R-8 and WR-R-4-8 zones. Additionally, all new duplex lots., must include a "duplex disclosure7" on the plat map, and must comply with the density requirements of the comprehensive plan (six units per acre for the R-4.5 zone and eight units per acre for the R-6.5, R-8, and WR-R-4-8 zones). (3) These standards may be modified under the provisions for zero lot line and townhome developments. (4) Base Height. (a) Height limits may be increased when portions of the structure which exceed the base height limit provide one additional foot of street and interior setback beyond the required setback for each foot above the base height limit; provided, that the maximum height may not exceed 60 feet. (b) Multiple-family developments, located outside of Planning Area 1, abutting or adjacent to areas zoned as single-family, or areas identified in the comprehensive plan as single- family, may have no more floors than the adjacent single-family dwellings, when single- family is the predominant adjacent land use. (5) Applies to Each Individual Lot. Building coverage and impervious surface area standards for: (a) Regional uses shall be established at the time of permit review; or (b) Nonresidential uses in residential zones shall comply with MMC 22C.Ol0.250. (6) Density -Dwelling Unit/Acre. (a) The densities listed for the single-family zones (R-4.5, R-6.5, R-8) and single-family development in the Whiskey Ridge zones (WR-R-4-8, WR-R-6-18) are maximum net densities. (b) Mobile home parks shall be allowed a maximum density of eight dwelling units per acre, unless located in the R-4.5 or R-6.5 zones, in which case they are limited to the density of the underlying zone. (7) The standards of the R-4.5 zone shall apply if a lot is less than 15,000 square feet in area. (8) On a case-by-case basis, the street setback may be reduced to 10 feet; provided, that at least 20 linear feet of driveway are provided between any garage, carport, or other fenced parking area and the street property line, or the lot takes access from an alley. The linear distance shall be measured in a straight line from the nearest point of the garage, carport or fenced area to the access point at the street property line. In the case of platted lots, no more than two consecutive lots may be reduced to 10 feet. (9) Residences shall have a setback of at least 50 feet from any property line if adjoining an agricultural zone either within or outside the city limits. ( 10) For town homes or apartment developments, the setback shall be the greater of: (a) Twenty feet along any property line abutting R-4.5 through R-8, and WR-R-4-8 zones; or (b) The average setback of the R-4.5 through R-8 zoned and platted single-family detached dwelling units from the common property line separating said dwelling units from the adjacent townhome or apartment development, provided the required setback applied to said development shall not exceed 60 feet. The setback shall be measured from said property line to the closest point of each single-family detached dwelling unit, excluding projections allowed per MMC 22C.010.210 and accessory structures existing at the time the townhome or apartment development receives approval by the city. (11) Townhome setbacks are reduced to zero on an interior side yard setback where the units have a common wall for zero lot line developments. (12) Townhome setbacks are reduced to five feet on side yard setbacks provided the buildings meet a 10-foot separation between structures. (13) Single-family detached units and duplexes on individual lots within the R-12 through R-28, and WR-R-6-18 zones shall utilize the dimensional requirements of the R-8 zone, except the base density. ( 14) Provided that the front yard setback shall be established as the point at which the lot meets the minimum width requirements. On a case-by-case basis, the street setback may be reduced to the minimum of 20 feet; provided, that the portion of the structure closest to the street is part of the "living area," to avoid having the garage become the predominant feature on the lot. (15) Subject to MMC 22A.020. l30, subsection (l)(a) of the definition of "lot lines." (16) Required landscaping setbacks for developments on the north side of Soper Hill Road are 25 feet from the edge of sidewalk. (17) Projects with split zoning (two or more distinct land use zones) may propose a master site plan to density average at the zone edge or modify the zone boundaries using topography, access, critical areas, or other site characteristics in order to provide a more effective transition between land uses and zones. Approval is at the discretion of the community development director. Section 10. Section 22C.010.210, Setbacks -Projections allowed, of the Marysville Municipal Code is hereby amended to read as follows: Projections may extend into required setbacks as follows: ( 1) Fireplace structures including eaves and factory-built garden or bay windows may project into any setback, provided such projections are: (a) Limited to two per facade; (b) Not wider than 10 feet; and (c) Not more than 24 inches into a side setback or 30 inches into a front or rear setback; (2) Uncovered porches and decks, including stairs, which exceed 30 inches above the finished grade may project: (a) Eighteen inches into side setbacks; and (b) Five feet into the front or rear setback; (3) Uncovered porches and decks not exceeding 30 inches above the finished grade, and uncovered accessory structures such as mechanical equipment, play structures, and tennis courts, may project to the property line, provided that, with the exception of uncovered porches and decks, the front property line setback for the zone shall be observed; ( 4) Eaves may not project more than: (a) Twenty-four inches into a side setback; (b) Thirty-four inches into a front or rear setback; or (c) Eighteen inches across a lot line in a zero lot line development; (5) Accessory structures such as flagpoles and lampposts shall be setback a minimum of five feet from all property lines, provided: (a) They are not located within a utility or access easement, and ; (b) Flags are not displayed in a manner that would cause the flag to encroach onto a neighboring property. Section 11. Section 22C.010.220, Height -Exceptions to limits, of the Marysville Municipal Code is hereby amended to read as follows: (1) Flagpoles may be up to 2S feet tall in all single family zones, and up to 3S feet tall in all multi- family zones; provided, that flagpoles on multi-family zoned properties developed with single family residences or duplexes shall be limited to 2S feet tall. Exception: flagpoles on single family and multi-family zoned properties that are 40,000 square feet or greater in size and developed with single family residences or duplexes may be up to 3S feet tall; provided, that setbacks that are equivalent to the height of the flagpole are maintained from all property lines. filThe following structures may be erected above the height limits of MMC 22C.010.0SO: (±_g_) Roof structures housing or screening elevators, stairways, tanks, ventilating fans or similar equipment required for building operation and maintenance; and (2-.b.) Fire or parapet walls, skylights, chimneys, smokestacks, church steeples, and utility line towers and poles. Section 12. Section 22C.020.060, Permitted uses, of the Marysville Municipal Code is hereby amended to read as follows: CB MU Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I Residential Land Uses Dwelling Units, Types: Townhouse P6 p Multiple-family C4 P4, P4, P4, p cs cs P6 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 p p p Group Residences: Adult family home p p p p p P70 P70 P70 P70 p Convalescent, nursing, c p p p p p retirement Residential care facility p p p p p P70 P70 P70 P70 p Master planned senior c c community (10) Accessory Uses: Home occupation (2) PS, PS, PS, PS, pg pg pg PS pg pg pg pg Temporary Lodging: Hotel/motel p p p p p p p CB MU Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I Bed and breakfast guesthouse (1) Bed and breakfast inn (1) p p p Recreation/Cultural Land Uses Park/ Recreation: Park P11 p p p p p p p P11 p Marina p p c p Dock and boathouse, private, p p P16 p noncommercial Recreational vehicle park C12 C12 c p Boat launch, commercial or public p p p Boat launch, noncommercial or private p p P17 p Community center p p p p p p p p p p Amusement/Entertainment: Theater p p p p Theater, drive-in c Amusement and recreation services P18 P18 P18 P19 p p c Sports club p p p p p p p p Golf facility ( 13) p p p p p c Shooting range ( 14) P15 P15 P15 Outdoor performance center c c c c Riding academy p p c Cultural: Library, museum and art gallery p p p p p p p p c p CB MU Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I Church, synagogue and temple p p p p p p p p p Dancing, music and art center p p p p c p General Services Land Uses 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 p p p p P25 p p service Funeral home/crematory p p p P26 p p p Cemetery, columbarium or mausoleum P24 P24 P24 p p p C20 Day care I P21, P70 P70 P70 P70 P70 P70 P70 P70 P70 70 Day care II p p p p p P21 P21 Veterinary clinic p p p p p p p p Automotive repair and service c, P22 p p p p P28 Electric vehicle (EV) charging station p p p p p p p p p p (64) 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 p p c p p exhibitor/breeding (71) CB MU Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I Pet daycare (71), (72) p p p p p 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 Miscellaneous health P68 P68 P68 P68 P68 P68 Education Services: Elementary, middle/junior high, and senior high (including public, private c c c c p c c and parochial) Commercial school p p p P27 c School district support facility c p p p p p 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 police P29 p p p p p p and fire Utility facility p p p c 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 CB MU Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I Business Services: Contractors' office and storage yard P30 P30 P30 p p Interim recycling 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, P30, C38 p p 37 37 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, P39, P39, P39 P39 p p p Lm 40 40 40 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 CB MU Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I State-Licensed Marijuana Facilities: Marijuana cooperative (69) Marijuana processing facility -Indoor only (69) Marijuana production facility -Indoor only (69) Marijuana retail facility (69) Retail/Wholesale Land Uses Building, hardware and garden P47 p p p P47 p p materials 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 p p p p shops Sporting goods and related stores p p p p CB MU Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I Book, stationery, video and art supply p p p p p stores 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 p p p p P48 P44 P44 P44 named on this list Automobile wrecking yards c p Manufacturing Land Uses Food and kindred products PSO, PSO PSO p 52 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 CB MU Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I Furniture and fixtures p p p Paper and allied products p p Printing and publishing PSl PSl p PSl p p p Chemicals and allied products c c Petroleum refining and related c c industries 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: CB MU Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I Growing and harvesting crops p p p p Raising livestock and small animals p p p p Greenhouse or nursery, wholesale and p p p p c retail 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 c c c c c c p facility 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 CB MU Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I 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 P61, P61, P61, P62 P62 facilities 62 62 62 Section 13. Section 22C.020.070, Permitted uses -Development conditions, of the Marysville Municipal Code is hereby amended to read as follows: (1) Bed and breakfast guesthouses and inns are subject to the requirements and standards contained in Chapter 2_2_C_,_21Q_ MMC, Bed and Breakfasts. (2) Home occupations are subject to the requirements and standards contained in Chapter 22C.J2.Q 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. Caretaker's quarters are subject to the provisions set forth in Chapter 22C.110 MMC, entitled "Temporary Uses." ( 4) All units must be located above a street-level commercial use. (5) Twenty percent of the units, but no more than two total units, may be located on the street level of a commercial use, if conditional use permit approval is obtained and the units are designed exclusively for ADA accessibility. The street-level units shall be designed so that the units are not located on the street front and primary access is towards the rear of the building. (6) Permitted on the ground floor in the southwest sector of downtown vision plan area, as incorporated into the city of Marysville comprehensive plan. (7) Mobile homes are only allowed in existing mobile home parks established prior to October 16, 2006. (8) Home occupations are limited to home office uses in multifamily dwellings. No signage is permitted in townhouse or multifamily dwellings. (9) Permitted in a legal nonconforming or conforming residential structure. (10) Subject to Chapter 22C.220 MMC, Master Planned Senior Communities. (11) The following conditions and limitations shall apply, where appropriate: (a) Parks are permitted in residential and mixed use zones when reviewed as part of a subdivision or multiple-family development proposal; otherwise, a conditional use permit is required; (b) Lighting for structures and fields shall be directed away from residential areas; and (c) Structures or service yards shall maintain a minimum distance of 50 feet from property lines adjoining residential zones. (12) Recreational vehicle parks are subject to the requirements and conditions of Chapter 22C.240 MMC. (13) Golf Facility. (a) Structures, driving ranges and lighted areas shall maintain a minimum distance of 50 feet from property lines adjoining residential zones. (b) Restaurants are permitted as an accessory use to a golf course. (14) 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 50 feet; (e) Structures permitted hereunder shall not be used as a dwelling; and (f) Covered structures are subject to a minimum setback of five feet from any side lot line or extension thereof. No setback from adjacent properties is required for any uncovered structure, and no setback from water is required for any structure permitted hereunder. ( 17) 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.02_Q_,_Q§_Q . (23) All processing and storage of material shall be within enclosed buildings and excluding yard waste processing. (24) Limited to columbariums accessory to a church; provided, that existing required landscaping and parking are not reduced. (25) Drive-through service windows in excess of one lane are prohibited in Planning Area 1. (26) Limited to columbariums accessory to a church; provided, that existing required landscaping and parking are not reduced. (27) All instruction must be within an enclosed structure. (28) Car washes shall be permitted as an accessory use to a gasoline service station. (29) 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;_.25_Q_ MMC including but not limited to the siting hierarchy, MMC 22C.:Z_50 .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.Q30 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. (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. (4S) Limited to S,000 square feet or less. (46) Eating and Drinking 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. (SO) Except slaughterhouses. (Sl) 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. (S4) Provided there is no outdoor storage and/or display of any materials, products or vehicles. (SS) May be further subject to the provisions of city of Marysville shoreline management program. (56) Except weapons armories and outdoor shooting ranges. (S7) Except outdoor shooting ranges. (S8) 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 SE, W.M., and in the northeast quarter of the southeast quarter of Section 33, Township 30N, Range SE, 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 SE, W.M ., as identified in Exhibit A, attached to Ordinance No. 24S2. (61) Opiate substitution treatment program facilities permitted within commercial zones are subject to Chapter 22G.070 MMC, Siting Process for Essential Public Facilities. (62) Opiate substitution treatment program facilities, as defined in MMC 22A.020.160, are subject to the standards set forth below: (a) Shall not be established within 300 feet of an existing school, public playground, public park, residential housing area, child-care facility, or actual place of regular worship established prior to the proposed treatment facility. (b) Hours of operation shall be restricted to no earlier than 6:00 a.m. and no later than 7:00 p.m. daily. (c) The owners and operators of the facility shall be required to take positive ongoing measures to preclude loitering in the vicinity of the facility. (63) Permitted uses include Whiskey Ridge zones. (64) Level 1 and Level 2 charging only. (6S) 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. (68) Excepting "marijuana (cannabis) dispensaries," "marijuana (cannabis) collective gardens," and "marijuana cooperatives" as those terms are defined or described in this code and/or under state law; such facilities and/or uses are prohibited in all zoning districts of the city of Marysville. (69) No person or entity may produce, grow, manufacture, process, accept donations for, give away, or sell marijuana concentrates, marijuana-infused products, or usable marijuana within commercial, industrial, recreation, and public institution zones in the city. Provided, activities in strict compliance with RCW 69.51A.210 and 69.51A.260 are not a violation of the Marysville Municipal Code. (70) Permitted within existing legal nonconforming single-family residences. (71) Subject to the requirements set forth in MMC 10.04.460. * (72) Pet daycares are restricted to indoor facilities with limited, supervised access to an outdoor fenced yard. Overnight boarding may be permitted as a limited, incidental use. Both outdoor access and overnight boarding privileges may be revoked or modified if the facility is not able to comply with the noise standards set forth in WAC 173-60-040. * (73) Shioping/cargo and similar storage containers may be installed on commercial or industrial properties provided they are screened from public view pursuant to MMC 22C.120.160, Screening and impact abatement. Section 14. Section 22C.020.190, Height -Exceptions to limits, of the Marysville Municipal Code is hereby amended to read as follows: The following structures may be erected above the height limits of MMC 22c.o:m,_QJ3_Q(2): (1) Roof structures housing or screening elevators, stairways, tanks, ventilating fans or similar equipment required for building operation and maintenance; and (2) Fire or parapet walls, skylights, chimneys, smokestacks, church steeples, flagpoles, and utility line towers and poles. Section 15. Section 22C.130.030, Minimum required parking spaces, of MMC Chapter 22C.130, Parking and Loading, is hereby amended to read as follows: ( 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; (ii) The location and number of parking spaces that are being shared; (iii) An analysis showing that the peak parking times for the uses occur at different times and that the parking area will be large enough for the anticipated demands of both uses; and (iv) A legal instrument such as an easement or deed restriction that guarantees access to the parking for both uses. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 500 feet of such parking facilities. (e) Bicycle parking may substitute for up to 10 percent of required parking. For every five nonrequired bicycle parking spaces that meet the bicycle parking standards in MMC 22C.130.060, 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 carpools/vanpools; (viii) Participation in the ride-matching program; (ix) Reduction of parking fees for carpools and vanpools; (x) Establishment of a transportation coordinator position to implement carpool, vanpool, and transit programs; or (xi) Bicycle parking facilities. (h) Reduction of Required Spaces in Downtown Vision Plan Area. Commercial uses within the downtown core, southwest sector, southeast sector, and waterfront sector may reduce the number of required off-street parking spaces in accordance with this section, upon demonstration to the community development department that the proposed use is in conformance with the downtown master plan guidelines as set forth in the comprehensive plan. Expansion of existing commercial buildings and uses 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 requ ired 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, 2 per dwelling unit for residents glus one additional guest townhouses, and mobile homes garking sgace ger dwelling unit; provided: 1. 8Ae §1::1est 13aFIEiA§ s13aee is FeEjt1iFeEI 13eF t1Ait, '•\'AeFe aAn enclosed private garage ts may be utilized to meet the required parking for residents. Driveways can be counted as resident or 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 ger dwelling for the residentsiA a Elevelo13meAt; however, tandem parking can be counted as a guest parking space.:., wi=1eA FeEjt1iFeEI Accessory dwelling units 1 space per dwelling unit Multiple-family dwellings, one 1.5 per dwelling unit. Parking spaces behind other required bedroom per unit 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 1. 75 per dwelling unit. Parking spaces behind other required more bedrooms 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 1 per dwelling apartments Mobile home parks 2 per unit, plus guest parking at 1 per 4 lots Rooming houses, similar uses 1 per dwelling Bed and breakfast 1 space for each room for rent, plus 2 spaces for the principal accommodations residential use RECREATIONAL/CULTURAL USES Movie theaters 1 per 4 seats Table 1: Minimum Required Parking Spaces LAND USE MINIMUM REQUIRED SPACES Stadiums, sports arenas and 1 per 8 seats or 1 per 100 SF of assembly space without fixed similar open assemblies seats Dance halls and places of 1 per 75 SF of gross floor area assembly w/o fixed seats Bowling alleys 5 per lane Skating rinks 1 per 75 SF of gross floor area Tennis courts, racquet clubs, 1 space per 40 SF of gross floor area used for assembly, plus 2 handball courts and other similar per court commercial recreation Swimming pools (indoor and 1 r:ier 10 swimmers, based on pool capacity as defined by the outdoor) 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 1 per 4 seats or 60 linea l inches of pew or 40 SF gross floor enclosed places of assembly area used for assembly Art galleries and museums 1 per 250 SF of gross floor area COMMERCIAL/OFFICE USES Banks, business and professional 1 per 400 SF gross floor area offices (other than medical and dental) with on-site customer service Retail stores and personal service If< 5,000 SF floor area, 1 per 600 SF gross floor area; if> shops un less otherwise provided 5,000 SF floor area, 8 plus 1 per each 300 SF gross floor area herein 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 2 plus 2 per service bay repair, without sales Mobile home and recreational 1 per 3,000 SF of outdoor display area vehicle sales Motels and hotels 1 per unit or room Restaurants, taverns, bars with If< 4,000 SF, 1 per 200 SF gross floor area; if> 4,000 SF, 20 on-premises consumption plus 1 per 100 SF gross floor area over 4,000 SF Drive-in restaurants and similar 1 per 75 SF of gross floor area . Stacking spaces shall be establishments, primarily for provided in accordance with Chapter 22C.140 MMC, Drive- auto-borne customers 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 Table 1: Minimum Required Parking Spaces LAND USE MINIMUM REQUIRED SPACES 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 1 per 4 seats or 8 feet of bench or pew or 1 per 40 SF of cemeteries assembly room used for services if no fixed seating is provided Gasoline/service stations 1 per employee plus 1 per 200 SF gross floor area w/grocery Adult facilities as defined by 1 per 75 SF of gross floor area or, in the case of an adult drive- MMC _?2A.020.020 in theater, 1 per viewing space HEAL TH SERVICES USES Nursing homes, convalescent 1 per 5 beds plus 1 space per employee and medical staff homes for aged Medical and dental clinics 1 per 200 SF gross floor area Hospitals 1 per 2 beds, excluding bassinets EDUCATIONAL USES Elementary, junior high schools 5 plus 1 per each employee and faculty member (public and private) Senior high schools (public and 1 per each 10 students plus 1 per each employee or faculty private) member Commercial/vocational schools 1 per each employee plus 1 per each 2 students PUBLIC/GOVERNMENT USES Public utility and governmental 1 per 400 SF of gross floor area buildings Libraries 1 per 250 SF of gross floor area MANUFACTURING/WAREHOUSE USES Manufacturing and industrial uses One per 500 SF of gross floor area plus 1 per each 2 of all types, except a building employees on maximum working shift used exclusively for warehouse purposes Warehouses, storage and 1 per each 2 employees on maximum working shift wholesale businesses 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 16. Section 22C.160.080, Exemptions, of the Marysville Municipal Code is hereby amended to read as follows: The following signs are exempted from obtaining a sign permit, but must comply with all other requirements of this chapter and with the specific requirements set forth below for each type of sign: (1) A change in the face of the sign or advertising copy of an existing, legally permitted, sign. (2) Temporary and special event signs meeting the requirements of MMC 22C.160.230. (3) On-premises and portable commercial or real estate signs meeting the requirements of MMC 22C.160.23Q(5) and (6). (4) Political signs meeting the requirements of MMC 22C.160.230(7). (5) Nonelectric signs not exceeding four square feet per face, which are limited in content to the name of occupant and address of the premises in a residential zone. (6) Instructional signs, not exceeding six square feet per sign; provided, that foundation, anchorage, attachments and other structural support of the sign and electrical connection require construction permits. (7) Menu signs. Foundation, anchorage, attachments and other structural support of the sign and electrical connection require construction permits. (8) Seasonal decorations. Reasonable seasonal decorations within an appropriate holiday season or during a festival are exempt from this section as long as such displays are removed promptly at the end of the holiday season or festival. (9) Sculptures, fountains, benches, lighting, mosaics, murals, landscaping and other street furniture and design features, which do not incorporate advertising or identification. (10) Signs not visible from public way. Exterior and interior signs or displays not intended to be visible from streets or public ways, signs in the interior of a building more than three feet from the closest window and not facing a window, window displays and point of purchase advertising displays such as vending machines. (11) The flag, emblem or insignia of a nation or other governmental unit or nonprofit organization, subject to the guidelines concerning their use set forth by the government or organization which they represent. Flag poles require a construction permit for structural re•v<iew. (11H) Traffic or other municipal signs, signs required by law or emergency services, railroad crossing signs, legal notices, and any temporary signs specifically authorized by the city council or authorized under policies and procedures adopted by the city council. (12±3) Signs of public utility companies indicating danger or which serve as an aid to public safety or which show the location of underground facilities or of public telephones. (13-±4) Memorial signs or tablets, names of buildings, stained glass windows and dates of erection when cut into the surface of the facade of the building or when projecting not more than two inches. (14-±-5) Incidental signs, including, but not limited to, "no trespassing,""no dumping,""no parking," "private," signs identifying essential public needs (i.e., restrooms, entrance, exit, telephone, etc.) and other information warning signs, which shall not exceed three square feet in surface area. (15-±-6) Flush-mounted wall signs which are used to identify the name and address of the occupant for each dwelling, provided the sign does not exceed two square feet in sign area. ( 16-±-7) Gateway entrance signs. Gateway entrance signs that comply with the city of Marysville gateway master plan. Foundation, anchorage, attachments and other structure support of the sign and electrical connection require construction permits. Section 17. Section 22G.080.100, Open spaces, of the Marysville Municipal Code is hereby amended to read as follows: (1) A minimum of 15 percent of the net project area shall be established as open space. Critical areas and buffers may be used to satisfy a maximum of 65 percent of the required open space. Parking areas, driveways, access streets and required yards are not considered to be open space for purposes of this section. Critical areas and buffers may be used to satisfy up to 10 percent of this requirement. Fencing and/or landscaping shall separate, while maintaining visual observability of, recreation areas from public streets, parking areas and driveways. (2) Open space and recreational facilities shall be owned, operated and maintained in common by the PRD property owners; provided, that by agreement with the city council, open space may be dedicated in fee to the public. (3) The open space requirement may be reduced if substantial and appropriate recreational facilities (such as recreational buildings, swimming pools or tennis courts) are provided. If an open space reduction is proposed, detailed plans showing the proposed recreational facilities must be submitted with the preliminary site plan. ( 4) Open space excluding critical areas and buffers shall: (a) Be of a grade and surface suitable for recreation; (b) Be on the site of the proposed development; (c) Be one continuous parcel if less than 3,000 square feet in size, not to be located in the front yard setback; (d) Have no dimensions less than 30 feet (except trail segments); (e) Be situated and designed to be observable by the public; and (f) Be accessible and convenient to all residents within the development. Section 18. Section 22A.010.160, Amendments, of the Marysville Municipal Code 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 2016 Code Clean-Up Amendments \\pr-:1 It) I 2017" Section 19. 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 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 \0 day of __ 14~?'--'--8-'---·-'--' 2017. CITY OF MARYSVILLE By: L--. /~~ J~EHRINGJOR By: Approved as to form: / / If)/ - By: ~= LL V[,tf '~= .(.or-. JON WALKER, CITY ATTORNEY Date of Publication: '-/, IS/'/ Effective Date: