HomeMy WebLinkAboutO-3159 - Updating the City's Development Regulations and Amending Sections 22A.010.160, 22C020.030, 22C020.060, 22C.020.070, 22C.020.080, and 22C.020.090 of the Marysville Municipal CodeCITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. ~j z:;.:1
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, UPDATING
THE CITY'S DEVELOPMENT REGULATIONS AND AMENDING SECTIONS
22A.010.160, 22C.020.030, 22C.020.060, 22C.020.070, 22C.020.080, AND
22C.020.090 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, on May 14, 2007, the Marysville City Council adopted Ordinance No. 2696
amending the City's Comprehensive Plan by adopting the initial subarea plan for the East
Sunnyside/Whiskey Ridge Subarea (hereafter referred to as the "Whiskey Ridge Subarea"), and
amending the City's development regulations; and
WHEREAS, on February 14, 2011, the Marysville City Council adopted Ordinance No. 2852
amending the City development regulations to create a Unified Development Code, Marysville
Municipal Code ("MMC") Title 22; and
WHEREAS, the adoption of Ordinance No. 2852 (through MMC 22C.020) erroneously
permitted certain residential land uses in the Whiskey Ridge Subarea by conflating the permitted
uses in the Community Business zoning district within the Whiskey Ridge Subarea with the
permitted uses in the Community Business zoning district throughout the rest of the city; and
WHEREAS, this erroneous permitting of certain residential land uses in the Community
Business zoning district within the Whiskey Ridge Subarea went undetected until recent inquiries
regarding the permitting of multiple-family dwelling units within this zoning district; and
WHEREAS, the City has determined that amendments MMC 22C.020 are necessary; 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 City of Marysville submitted the proposed amendments to MMC Section
22C.130.030 to the Washington State Department of Commerce on August 20, 2020, as required
by RCW 36.70A.106; and
WHEREAS, the proposed amendments to MMC Section 22C.130.030 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, the Marysville Planning
Commission held a Public Hearing on September 9, 2020 regarding the proposed amendments to
MMC Sections 22C.020.030, 22C.020.060, 22C.020.070, 22C.020.080, and 22C.020.090; and
WHEREAS, the Planning Commission made a Recommendation to the City Council on
September 9, 2020, recommending the adoption of the proposed amendments to MMC Sections
22C.020.030, 22C.020.060, 22C.020.070, 22C.020.080, and 22C.020.090; and
WHEREAS, at a public meeting on September 28, 2020 the Marysville City Council reviewed
and considered the Planning Commission's Recommendation and the proposed amendments to
MMC Sections 22C.020.030, 22C.020.060, 22C.020.070, 22C.020.080, and 22C.020.090; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Required Findings. In accordance with MMC 22G.010.520, the following
findings are made regarding the proposed amendments to MMC Sections 22C.020.030,
22C.020.060, 22C.020.070, 22C.020.080, and 22C.020.090 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 2. Section 22C.020.030, Characteristics of commercial, industrial, recreation
and public institutional zones, of MMC Chapter 22C.020, Commercial, Industrial, Recreation and
Public Institutional Zones, is hereby amended to read as follows:
22C.020.030 Characteristics of commercial, industrial, recreation and public institutional
zones
(1) Neighborhood Business Zone.
(a) The purpose of the neighborhood business zone (NB) is to provide convenient daily retail
and personal services for a limited service area and to minimize impacts of commercial activities
on nearby properties. These purposes are accomplished by:
(i) Limiting nonresidential uses to those retail or personal services which can serve the
everyday needs of a surrounding residential area;
(ii) Allowing for a mix of housing and retail/service uses; and
(iii) Excluding industrial and community/regional business-scaled uses.
(b) Use of this zone is appropriate in neighborhood centers designated by the comprehensive
plan which are served at the time of development by adequate public sewers, water supply,
roads and other needed public facilities and services.
(2) Community Business and Community Business -Whiskey Ridge Zone2.
(a) The purpose of the community business (CB) and community business -Whiskey Ridge CCB-
WR) zone2 fEB7 is to provide convenience and comparison retail and personal services for local
service areas which exceed the daily convenience needs of adjacent neighborhoods but which
cannot be served conveniently by larger activity centers, and to provide retail and personal
services in locations within activity centers that are not appropriate for extensive outdoor
storage or auto-related and industrial uses. These purposes are accomplished by:
(i) Providing for limited small-scale offices as well as a wider range of the retail,
professional, governmental and personal services than are found in neighborhood business
areas;
(ii) Allowing for a mix of housing and retail/service uses: provided that, housing is not
allowed in the community business -Whiskey Ridge zone; and
(iii) Excluding commercial uses with extensive outdoor storage or fabrication and industrial
uses.
(b) Use of this zone is appropriate in community business commercial areas that are designated
by the comprehensive plan and are served at the time of development by adequate public
sewers, water supply, roads and other needed public facilities and services.
(3) General Commercial Zone.
(a) The purpose of the general commercial zone (GC) is to provide for the broadest mix of
commercial, wholesale, service and recreation/cultural uses with compatible storage and
fabrication uses, serving regional market areas and offering significant employment. These
purposes are accomplished by:
(i) Encouraging compact development that is supportive of transit and pedestrian travel,
through higher nonresidential building heights and floor area ratios than those found in CB
zoned areas;
(ii) Allowing for outdoor sales and storage, regional shopping areas and limited fabrication
uses; and
(iii) Concentrating large-scale commercial and office uses to facilitate the efficient provision
of public facilities and services.
(b) Use of this zone is appropriate in general commercial areas that are designated by the
comprehensive plan that are served at the time of development by adequate public sewers,
water supply, roads and other needed public facilities and services.
(4) Downtown Commercial Zone.
(a) The purpose of the downtown commercial zone (DC) is to provide for the broadest mix of
comparison retail, service and recreation/cultural uses with higher density residential uses,
serving regional market areas and offering significant employment. These purposes are
accomplished by:
(i) Encouraging compact development that is supportive of transit and pedestrian travel,
through higher nonresidential building heights and floor area ratios than those found in GC
zoned areas;
(ii) Allowing for regional shopping areas, and limited fabrication uses; and
(iii) Concentrating large-scale commercial and office uses to facilitate the efficient provision
of public facilities and services.
(b) Use of this zone is appropriate in downtown commercial areas that are designated by the
comprehensive plan that are served at the time of development by adequate public sewers,
water supply, roads and other needed public facilities and services.
(5) Mixed Use Zone.
(a) The purpose of the mixed use zone (MU) is to provide for pedestrian-and transit-oriented
high-density employment uses together with limited complementary retail and higher density
residential development in locations within activity centers where the full range of commercial
activities is not desirable. These purposes are accomplished by:
(i) Allowing for uses that will take advantage of pedestrian-oriented site and street
improvement standards;
(ii) Providing for higher building heights and floor area ratios than those found in the CB
zone;
(iii) R.educing the ratio of required parking to building floor area;
(iv) Allowing for on-site convenient daily retail and personal services for employees and
residents; and
(v) Minimizing auto-oriented, outdoor or other retail sales and services which do not
provide for the daily convenience needs of on-site and nearby employees or residents.
(b) Use of this zone is appropriate in areas designated by the comprehensive plan for mixed
use, or mixed use overlay, which are served at the time of development by adequate public
sewers, water supply, roads and other needed public facilities and services.
(6) Light Industrial Zone.
(a) The purpose of the light industrial zone (LI) is to provide for the location and grouping of
non-nuisance-generating industrial enterprises and activities involving manufacturing, assembly,
fabrication, processing, bulk handling and storage, research facilities, warehousing and limited
retail uses. It is also a purpose of this zone to protect the industrial land base for industrial
economic development and employment opportunities. These purposes are accomplished by:
(i) Allowing for a wide range of industrial and manufacturing uses;
(ii) Establishing appropriate development standards and public review procedures for
industrial activities with the greatest potential for adverse impacts; and
(iii) Limiting residential, institutional, service, office and other nonindustrial uses to those
necessary to directly support industrial activities.
(b) Use of this zone is appropriate in light industrial areas designated by the comprehensive plan
which are served at the time of development by adequate public sewers, water supply, roads
and other needed public facilities and services.
(7) General Industrial Zone.
(a) The purpose of the general industrial zone (GI) is to provide for the location and grouping of
industrial enterprises and activities involving manufacturing, assembly, fabrication, processing,
bulk handling and storage, research facilities, warehousing and heavy trucking and equipment
but also for commercial uses having special impacts and regulated by other chapters of this title.
It is also a purpose of this zone to protect the industrial land base for industrial economic
development and employment opportunities. These purposes are accomplished by:
(i) Allowing for a wide range of industrial and manufacturing uses;
(ii) Establishing appropriate development standards and public review procedures for
industrial activities with the greatest potential for adverse impacts; and
(iii) Limiting residential, institutional, service, office and other nonindustrial uses to those
necessary to directly support industrial activities.
(b) Use of this zone is appropriate in general industrial areas designated by the comprehensive
plan which are served at the time of development by adequate public sewers, water supply,
roads and other needed public facilities and services.
(8) Business Park Zone.
(a) The purpose of the business park zone (BP) is to provide for those business/industrial uses
of a professional office, wholesale, and manufacturing nature which are capable of being
constructed, maintained and operated in a manner uniquely designed to be compatible with
adjoining residential, retail commercial or other less intensive land uses, existing or planned.
Strict zoning controls must be applied in conjunction with private covenants and unified control
of land; many business/industrial uses otherwise provided for in the development code will not
be suited to the BP zone due to an inability to comply with its provisions and achieve
compatibility with surrounding uses.
(b) Use of this zone is appropriate in business park areas designated by the comprehensive plan
which are served at the time of development by adequate public sewers, water supply, roads
and other needed public facilities and services.
(9) Recreation Zone.
(a) The purpose of the recreation zone (REC) is to establish areas appropriate for public and
private recreational uses. Recreation would permit passive as well as active recreational uses
such as sports fields, ball courts, golf courses, and waterfront recreation, but not hunting. This
zone would also permit some resource land uses related to agriculture and fish and wildlife
management.
(b) This recreation zone is applied to all land designated as "recreation" on the comprehensive
plan map.
(10) Public/Institutional Zone.
(a) The purpose of the public/institutional (P/I) land use zone is to establish a zone for
governmental buildings, churches and public facilities.
(b) This public/institutional zone is applied to all land designated as "public/institutional" on the
comprehensive plan map.
(11) Small Farms Overlay Zone.
(a) The purpose of the small farms overlay zone (-SF suffix to zone's map symbol) is to provide
a process for registering small farms, thereby applying the small farms overlay zone and
recording official recognition of the existence of the small farm, and to provide encouragement
for the preservation of such farms, as well as encouraging good neighbor relations between
single-family and adjacent development.
(b) Use of this zone is appropriate for existing and newly designated small farms.
Section 3. Section 22C.020.060, Permitted Uses, of MMC Chapter 22C.020,
Commercial, Industrial, Recreation and Public Institutional Zones, is hereby amended to read as
follows:
22C.020.060 Permitted uses.
CB CB-MU
Specific land Use NB fS3t WR GC DC (63) LI GI REC P/I I
Residential land Uses I
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 E p p p p p p p
Group Residences:
Adult family home (70) p p E p p p p
Convalescent, nursing, retirement c p p p p
Residential care facility p p p p P70 P70 P7 p
0
Master planned senior community (10) c c
Accessory Uses:
Home occupation (2) PS PS, .ell,_ PS, PS, PS, pg pg pg pg pg pg pg
Temporary lodging:
Hotel/motel p p E p p p P7S
Bed and breakfast guesthouse (1)
Bed and breakfast inn (1) p p £ p
Recreation/Cultural land Uses
Park/ Recreation:
Park Pll p E p p p p p Pl p
1
Marina p p c p
Dock and boathouse, private, noncommercial p p Pl p
6
Recreational vehicle park Cl2 Cl2 c p
Boat launch, commercial or public p p p
Boat launch, noncommercial or private p p Pl p
7
Community center p p .e. p p p p p p p
Amusement/ Entertainment:
Theater p .e. p p p
Theater, drive-in c
Amusement and recreation services PlS PlS PlS PlS Plg p c
Sports club p p .e. p p p p p
CB CB-MU
Specific land Use NB f637 WR GC DC (63) LI GI REC P/I
Golf facility ( 13) p E p p p c
Shooting range (14) P15 P15
Outdoor performance center c c c c
Riding academy p c
Cultural:
Library, museum and art gallery p p E p p p p p c p
Church, synagogue and temple p p E p p p p p p
Dancing, music and art center p £ p p p c p
General Services land Uses I
Personal Services:
General personal service p p E p p p p p
Dry cleaning plant p E p p
Dry cleaning pick-up station and retail service p p E p p P25 P76 p
Funeral home/crematory p E p p P26 P76 p
Cemetery, columbarium or mausoleum P24
P24 P24 P24 I
p p
C20
Day care I P70 P70 P70 P70 P70 P70 P21, P70 P7 P70 70 0
Day care II p p E p p p P21
Veterinary clinic p p E p p p P76 p
Automotive repair and service P22 c, h p p p
P28 P28
Electric vehicle (EV) charging station (64) p p E p p p p p p p
EV rapid charging station (65), (66) p p E p P67 P67 p p
EV battery exchange station p p p
Miscellaneous repair p E p p p
Social services p E p p p p
Kennel, commercial and exhibitor/breeding (71) p E p p p
Pet daycare (71), (72) p E p p p P76 p
Civic, social and fraternal association p E p p c p p
Club (community, country, yacht, etc.) p p
Health Services:
Medical/dental clinic p p E p p p p
Hospital p E p p c c
Miscellaneous health P68 P68 P68 P68 P68 P68 P68
Supervised drug consumption facility
CB CB-MU
Specific Land Use NB f&3t WR GC DC (63) LI GI REC P/I
Education Services:
Elementary, middle/junior high, and senior high c ~ c c c p c c (including public, private and parochial)
Commercial school p p E p P27 c
School district support facility c p E p p p p p p
Vocational school p E p p P27 p
Government/Business Service land Uses I
Government Services:
Public agency office p p E p p p p p p
Public utility yard p p p
Public safety facilities, including police and fire P29 p E p p p p p
Utility facility p p E p c p p p
Private storm water management facility p p .E p p p p p p
Public storm water management facility p p E p p p p p p
Business Services:
Contractors' office and storage yard P30 P30 P30 p p
Interim recycling facility P23 P23 P23 p p
Taxi stands p E p p p
Trucking and courier service P31 P31 P31 p p
Warehousing and wholesale trade p p p
Mini-storage (36) P76 p
Freight and cargo service p p p
Cold storage warehousing p p
General business service and office p p E p p P30 p p
Commercial vehicle storage p p
Professional office p p .E p p p p
Miscellaneous equipment rental P30, P30 C38 P30, p p
37 ,_32 37
Automotive rental and leasing p p p
Automotive parking p p E p p p p p
Research, development and testing p p p
Heavy equipment and truck repair p p
Automobile holding yard c p p
Commercial/industrial accessory uses (73) P39, P39 P39 P39 P39, P39, p p
40 40 40
Adult facility P33
Factory-built commercial building (35) p p E p p p p
CB CB-MU
Specific land Use NB f6at WR GC DC (63) LI GI REC P/I
Wireless communication facility (32) P, C P, C P,C P, C P, C P, C P, C P, P, C c
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 materials P47 p .P. p p P47 P76 p
Forest products sales p .P. p p
Department and variety stores p p .P. p p p P76
Food stores p p £ p p P45 P76
Agricultural crop sales p £ p c P76
Storage/retail sales, livestock feed P76 p
Motor vehicle and boat dealers p .P. p p p
Motorcycle dealers c ~ p P49 p p
Gasoline service stations p p .E'. p p P76 p
Eating and drinking places P41 p £ p p P46 P46 p
Drug stores p p .P. p p p P76 p
Liquor stores p .P. p
Used goods: antiques/secondhand shops p £ p p p
Sporting goods and related stores p £ p p p
Book, stationery, video and art supply stores p p .P. p p p
Jewelry stores p £ p p p
Hobby, toy, game shops p p .P. p p p
Photographic and electronic shops p p .E p p p
Fabric and craft shops p p .E p p p
Fuel dealers P43 P43 P43
Florist shops p p .E p p p
Pet shops p p .E p p p
Tire stores p .E p p P76 p
Bulk retail p .E p P76
Auction houses P42 P76
Truck and heavy equipment dealers p p
Mobile home and RV dealers c p p
CB CB-MU
Specific land Use NB f6at WR GC DC (63) LI GI REC P/I
Retail stores similar to those otherwise named on this list p p J: p p P48 P44, P44 76
Automobile wrecking yards c p
Manufacturing land Uses I
Food and kindred products PSO, PSO PSO PSO p
52 .,_22
Winery/brewery P53 P53 p P53 P53 p p
Textile mill products p p
Apparel and other textile products c p p
Wood products, except furniture p p p
Furniture and fixtures p p p
Paper and allied products p p
Printing and publishing P51 P51 P51 p P51 p p
Chemicals and allied products c c
Petroleum refining and related industries c c
Rubber and misc. plastics products p p
Leather and leather goods c c
Stone, clay, glass and concrete products p p
Primary metal industries c p
Fabricated metal products c p p
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 P54 p p
, 74
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 I
Agriculture:
Growing and harvesting crops p p p
Raising livestock and small animals p p p
Greenhouse or nursery, wholesale and retail p p p c
Farm product processing p p
CB CB-MU
Specific land Use NB f6at WR GC DC (63) LI GI REC P/I
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 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 I
Jail c .h c c
Regional storm water management facility c .h c c c c p
Public agency animal control facility c p p c
Public agency training facility C56 C56 C56 C56 C57 C57
Nonhydroelectric generation facility c c .!: c c c c
Energy resource recovery facility c
Soil recycling/incineration facility c c
Solid waste recycling c c
Transfer station c c c
Wastewater treatment facility c c c
Transit bus base c p c
Transit park and pool lot p p .!: p p p p p p
Transit park and ride lot p p .!?. p p p p p c
School bus base c c .!: c p css
Racetrack C59 C59 C59 c p
Fairground p p c
Zoo/wildlife exhibit c ~ c c
Stadium/arena c c p c
College/university c p .!: p p p p p c
Secure community transition facility C6
0
Opiate substitution treatment program facilities P61, P61 P61 P61, P62 P62 62 ,_§2_ / 62 62
Section 4. Section 22C.020.070, Permitted uses -Development conditions, of MMC
Chapter 22C.020, Commercial, Industrial, Recreation and Public Institutional Zones, is hereby
amended to read as follows:
22C.020.070 Permitted uses -Development conditions. SHARE
(1) Bed and breakfast guesthouses and inns are subject to the requirements and standards contained
in Chapter 22C.210 MMC, Bed and Breakfasts.
(2) Home occupations are subject to the requirements and standards contained in Chapter 22C.190
MMC, Home Occupations.
(3) Limited to one dwelling unit for the purposes of providing on-site service and security of a
commercial or industrial business. 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.020.060.
(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.250 MMC including but not
limited to the siting hierarchy, MMC 22C.250.060. WCFs may be a permitted use or a CUP may be
required subject to MMC 22C.250.040.
(33) Subject to the conditions and requirements listed in Chapter 22C.030 MMC.
(34) Reserved.
(35) A factory-built commercial building may be used for commercial purposes subject to the following
requirements:
(a) A factory-built commercial building must be inspected at least two times at the factory by
the State Building and Electrical Inspector during the construction process, and must receive a
state approval stamp certifying that it meets all requirements of the International Building and
Electrical Codes. At the building site, the city building official will conduct foundation, plumbing
and final inspections; and
(b) A factory-built commercial building cannot be attached to a metal frame allowing it to be
mobile. All structures must be placed on a permanent, poured-in-place foundation. The
foundation shall be structurally engineered to meet the requirements set forth in Chapter 16 of
the International Building Code.
(36) Mini-storage facilities are subject to the development standards outlined in Chapter 22C.170
MMC.
--·--··--------·-------------
(37) Except heavy equipment.
(38) With outdoor storage and heavy equipment.
(39) Incidental assembly shall be permitted; provided, it is limited to less than 20 percent of the
square footage of the site excluding parking.
(40) Light industrial uses may be permitted; provided, there is no outdoor storage of materials,
products or vehicles.
(41) Excluding drinking places such as taverns and bars and adult entertainment facilities.
(42) Excluding vehicle and livestock auctions.
(43) If the total storage capacity exceeds 6,000 gallons, a conditional use permit is required.
(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 in the mixed use
zone.
(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.
(S2) Limited to less than 10 employees.
(S3) 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.
(57) Except outdoor shooting ranges.
(58) Only in conjunction with an existing or proposed school.
(S9) 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
S29, north of Steamboat Slough, south and west of Ebey Slough (a.k.a. TP No. 300S33-002-004-00)
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.020.26S.
(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.SlA.210 and 69.SlA.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) Shipping/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.
(74) Tanks, generators, and other machinery which does not generate nuisance noise may be located
in the service/loading area. Truck service/loading areas shall not face the public street and shall be
screened from the public street.
(75) Hotels/motels are prohibited within Arlington Airport Inner Safety Zones (ISZ) 2, 3, and 4.
Hotel/motels that are proposed to locate within Arlington Airport Protection Subdistricts B and C shall
be required to coordinate with the Arlington Municipal Airport to ensure that height, glare, and other
aspects of the hotels/motels are compatible with air traffic and airport operations.
(76) Use limited to properties that have property frontage along State Avenue/Smokey Point
Boulevard.
Section 5. Section 22C.020.080, Densities and dimensions, of MMC Chapter 22C.020,
Commercial, Industrial, Recreation and Public Institutional Zones, is hereby amended to read as
follows:
22C.020.080 Densities and dimensions. SHARE
(1) Interpretation of Tables.
(a) Subsection (2) of this section contains general density and dimension standards for the
various zones and limitations specific to a particular zone(s). Additional rules and exceptions,
and methodology, are set forth in MMC 22C.020.090.
(b) The density and dimension table is arranged in a matrix format and is delineated into the
commercial, industrial, recreation and public institutional use categories.
(c) Development standards are listed down the left side of the table, and the zones are listed at
the top. The matrix cells contain the minimum dimensional requirements of the zone. The
parenthetical numbers in the matrix identify specific requirements applicable either to a specific
use or zone. A blank box indicates that there are no specific requirements. If more than one
standard appears in a cell, each standard will be subject to any applicable parenthetical footnote
set forth in MMC 22C.020.090.
(2) General Densities and Dimension Standards.
WR-WR-
MU MU CB
Standards NB CB GC DC (12) LI GI BP REC P/I (15) (15)
Base density: None Dwelling 12 12 12 28 (1) -Q -Q -Q -Q -Q 12 -Q
unit/acre (18)
Maximum
density: -None None None 34 (2) -Q -Q -Q -Q -Q 18 -Q Dwelling ilfil (13) (13) None (13)
unit/acre
Minimum None None None 20 None None None
street setback 20 None None None None (7, 8, (7, feet (7) (7) (7) (7, 8) (7) (7) (7) feet (7, 8) (3) 14) 14)
Minimum 10 None None -None None 5 feet None None None None None None (9, 16, interior feet (4) (4) (4) -5--fee-t (4) (4) (4) (4) (4) setback (side) (9) ill 17)
WR-WR-
MU MU CB
Standards NB CB GC DC (12) LI GI BP REC P/I (15) (15)
20 50 50
feet feet feet
(rear) (5) (5)
Base height 35 45 (6) 25 55 feet, 85 feet, 65 65 45 35 45 45 55 85 feet feet feet feet 65 feet feet feet feet feet feet feet feet
(19) (10)
Maximum 85%, 85%, impervious
surface: 75% 85% 85% 85% 75% 85% 85% 75% 35% 75% 75% 85%
Percentage (11) (11)
Section 6. Section 22C.020.090, Densities and dimensions -Development conditions,
of MMC Chapter 22C.020, Commercial, Industrial, Recreation and Public Institutional Zones, is
hereby amended to read as follows:
22C.020.090 Densities and dimensions -Development conditions. SHARE
(1) These densities are allowed only through the application of mixed use development standards.
(2) These densities may only be achieved in the downtown portion of Planning Area 1 through the
application of residential density incentives. See Chapter 22C.090 MMC.
(3) Gas station pump islands shall be placed no closer than 25 feet to street front lines. Pump island
canopies shall be placed no closer than 15 feet to street front lines.
(4) A 25-foot setback is required on property lines adjoining residentially designated property.
(5) A 50-foot setback only required on property lines adjoining residentially designated property for
industrial uses established by conditional use permits, otherwise no specific interior setback
requirement.
(6) Height limits may be increased when portions of the structure or building which exceed the base
height limit provide one additional foot of street and interior setback beyond the required setback for
each foot above the base height limit.
(7) Subject to sight distance review at driveways and street intersections.
(8) A 20-foot setback is required for multiple-family structures outside of the downtown portion of
Planning Area 1.
(9) A 15-foot setback is required for (a) commercial or multiple-family structures on property lines
adjoining single-family residentially designated property, and (b) a rear yard of a multi-story
residential structure, otherwise no specific interior setback requirement. Interior setbacks may be
reduced where features such as critical area(s) and buffer(s), public/private right-of-way or access
easements, or other conditions provide a comparable setback or separation from adjoining uses.
(10) The 65-foot base height applies only to the downtown portion of Planning Area 1. The 45-foot
base height applies to the southeast sector of the downtown vision plan area, as incorporated into the
city of Marysville comprehensive plan.
(11) The 85 percent impervious surface percentage applies to commercial developments, and the 75
percent rate applies to multiple-family developments.
(12) Reduced building setbacks and height requirements may be approved on a case-by-case basis to
provide flexibility for innovative development plans; provided, that variance requests which are
greater than 10 percent of the required setback shall be considered by the hearing examiner.
(13) Subject to the application of the residential density incentive requirements of Chapter 22C.090
MMC.
(14) Required landscaping setbacks for developments on the north side of Soper Hill Road are 25 feet
from the edge of sidewalk.
(15) Projects with split zoning (two or more distinct land use zones) may propose a site plan to
density average or adjust the zone boundaries using topography, access, critical areas, or other site
characteristics in order to provide a more effective transition.
( 16) Town home setbacks are reduced to zero on an interior side yard setback where the units have a
common wall for zero lot line developments.
( 17) Town home setbacks are reduced to five feet on side yard setbacks, provided the buildings meet a
10 -foot separation between structures.
(18) There is no minimum or maximum density for this zone. Residential units are permitted if located
above a ground-level commercial use.
(19) The 85-foot base height applies only within the boundaries of the Downtown Master Plan area,
bounded by 8th Street to the north, Ebey Slough to the south, Alder Avenue to the east, and
Interstate 5 to the west .
Section 7. 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
Commercial Permitted Uses & Dimensional Amendments Q& ZD , 2020"
Section 8. 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 9. Upon approval by the city attorney, the city clerk or the code reviser are
authorized to make necessary corrections to this ordinance, including scrivener's errors or clerical
mistakes; references to other local, state, or federal laws, rules, or regulations; or numbering or
referencing of ordinances or their sections and subsections.
Section 10. Effective Date. This ordinance shall become effective five days after the date
of its publication by summary.
H-
PASSED by the City Council and APPROVED by the Mayor this /?' -day of
doYJ:zc...c , 2020.
CITY OF MARYSVILLE
By:
Attest: -di .
By: tlfL,~
TINA BROCK, DEPUTY CITY CLERK
JON WALKER, CITY ATTORNEY
Date of Publication:
Effective Date: OB--iTJIL>.eV '20 / 'L.D'l-D
(5 days after publication)