HomeMy WebLinkAboutO-3193 - Amending MMCCode Amendments DMP Update Amendments Page 1 of 47
CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 3193
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
RELATING TO AMENDMENTS TO THE MARYSVILLE MUNICIPAL CODE IN
ORDER TO REMOVE OBSOLETE REFERENCES AND INCORPORATE
REFERENCES TO THE NEWLY CREATED ZONES WITH THE ADOPTION OF
THE DOWNTOWN MASTER PLAN UPDATE, INCLUDING AMENDMENTS
TO MARYSVILLE MUNICIPAL CODE SECTIONS 6.76.030, 12.22.010,
22A.020.020, 22A.020.080, 22A.020.090, 22A.020.130, 22A.020.170,
22A.030.020, 22A.030.090, 22A.030.130, 22C.010.320, 22C.020.020,
22C.020.030, 22C.020.060, 22C.020.070, 22C.020.080, 22C.020.090,
22C.020.240, 22C.020.270, 22C.040.040, 22C.090.020, 22C.130.030,
22C.250.080 AND 22D.030.070
WHEREAS, the State Growth Management Act, RCW Chapter 36.70A mandates that
cities periodically review and amend development regulations which include but are not
limited to zoning ordinances and official controls; and
WHEREAS, RCW 36.70A.106 requires the processing of amendments to the City's
development regulations in the same manner as the original adoption of the City's
comprehensive plan and development regulations; and
WHEREAS, the State Growth Management Act requires notice and broad public
participation when adopting or amending the City's comprehensive plan and development
regulations; and
WHEREAS, the City, in reviewing and amending its development regulations has
complied with the notice, public participation and processing requirements established by the
Growth Management Act, as more fully described below; and
WHEREAS, the City Council of the City of Marysville finds that from time to time it is
necessary and appropriate to review and revise provisions of the City’s municipal code and
development code (MMC Title 22); and
WHEREAS, the development code amendment is consistent with the following
required findings of MMC 22G.010.520:
(1) The amendment is consistent with the purposes of the comprehensive plan;
(2) The amendment is consistent with the purpose of MMC Title 22;
(3) There have been significant changes in the circumstances to warrant a
change;
(4) The benefit or cost to the public health, safety and welfare is sufficient to
warrant the action.
WHEREAS, on September 14, 2021, the Marysville Planning Commission held a duly-
advertised public hearing, and recommended that the City Council adopt the proposed
amendments to the City’s development regulations; and
Code Amendments DMP Update Amendments Page 2 of 47
WHEREAS, at a public meeting on September 27, 2021, the Marysville City Council
reviewed and considered the Marysville Planning Commission’s Recommendation and
proposed amendments to the City’s development regulations; and
WHEREAS, the City of Marysville has submitted the proposed development regulation
revisions to the Washington State Department of Commerce on August 20, 2021 (Material ID
2021-S-3035) seeking expedited review under RCW 36.70A.106(3)(b) and in compliance with
the procedural requirements of RCW 36.70A.106; and
WHEREAS, the amendments to the development regulations are exempt from State
Environmental Policy Act review under WAC 197-11-800(19);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE DO
ORDAIN AS FOLLOWS:
Section 1. Amendment of Municipal Code. MMC Section 6.76.030, entitled
“Identification of environments,” is hereby amended as follows:
6.76.030 Identification of environments.
(1) Class A EDNA. Lands where human beings reside and sleep, including all
properties in the city which are zoned in single-family residential or multiple-family
residential classifications.
(2) Class B EDNA. Lands involving uses requiring protection against noise
interference with speech, including all properties in the city which are zoned in
neighborhood business, community business, and general commercial, mixed use,
business park, public/institutional, downtown core, main street and flex
classifications.
(3) Class C EDNA. Lands involving economic activities of such a nature that higher
noise levels than experienced in other areas are normally to be anticipated. Persons
working in these areas are normally covered by noise control regulations of the
Department of Labor and Industries. Such areas shall include all properties in the
city which are zoned in light industrial and general industrial classifications.
Section 2. Amendment of Municipal Code. MMC Section 12.22.010, entitled
“Sitting or lying down on public sidewalks in downtown commercial zones,” is hereby amended
as follows:
12.22.010 Sitting or lying down on public sidewalks in downtown
commercial core, main street and flex zones.
(1) Prohibition. No person shall sit or lie down upon a public sidewalk, or upon
a blanket, chair, stool or other object placed upon a public sidewalk, within the city
of Marysville during the hours between 6:00 a.m. and 12:00 midnight.
(2) Exceptions. The prohibition in subsection (1) of this section shall not apply
to any person:
(a) Sitting or lying down on a public sidewalk due to a medical
emergency;
(b) Who, as a result of a disability, utilizes a wheelchair, walker or
similar device to move about the public sidewalk;
(c) Operating or patronizing a commercial establishment conducted on
the public sidewalk pursuant to a street use permit; or a person participating in or
attending a parade, festival, performance, rally, demonstration, meeting or similar
event conducted on the public sidewalk pursuant to a street use or other applicable
permit;
Code Amendments DMP Update Amendments Page 3 of 47
(d) Sitting on a chair or bench located on the public sidewalk which is
supplied by a public agency or by the abutting private property owner;
(e) Sitting on a public sidewalk within a bus stop zone while waiting for
public or private transportation.
Nothing in any of these exceptions shall be construed to permit any conduct
which is prohibited by Chapter 6.37 MMC, Pedestrian Interference.
(3) No person shall be cited under this section unless the person engages in
conduct prohibited by this section after having been notified by a law enforcement
officer that the conduct violates this section.
Section 3. Amendment of Municipal Code. MMC Section 22A.020.020, entitled
“A” definitions, is hereby amended as follows:
22A.020.020 “A” definitions.
“Artisan manufacturing” means the production of goods by the use of hand tools
or small-scale, light mechanical equipment occurring within a fully-enclosed
building where such production requires no outdoor operations or storage, and
where the production, operations, and storage of materials related to production
occupy no more than 5,000-square-feet of net floor area. Typical uses have
negligible negative impact on surrounding properties and include, but are not
limited to, woodworking and cabinet shops, ceramic studios, jewelry manufacturing
and similar types of arts and crafts, production of alcohol, or food processing.
Slaughterhouses are excluded from this definition.
Section 4. Amendment of Municipal Code. MMC Section 22A.020.080, entitled
“G” definitions, is hereby amended as follows:
22A.020.080 “G” definitions.
“General service use” means a category of uses whose primary activity is the
provision of service, rental, and/or repair to boats, vehicles, appliances, tools,
electronic equipment, machinery, and other similar products for personal,
commercial, or civic use. Specific uses in this category include, but are not limited
to:
(1) Postal and courier services, post office.
(2) Small boat sales, rental, and repair (small boats are less than 40-feet long,
8 ½-feet wide, and 14-feet tall).
(3) Appliance repair.
(4) Equipment rentals.
(5) Electronic or equipment service.
(6) Vehicle repair.
(7) Commercial vehicle repair.
(8) Municipal service facility.
(9) Public safety facility.
(10) Car wash.
(11) Heavy service.
Section 5. Amendment of Municipal Code. MMC Section 22A.020.090, entitled
“H” definitions, is hereby amended as follows:
22A.020.090 “H” definitions.
Code Amendments DMP Update Amendments Page 4 of 47
“Heavy service use” means a type of general-service uses that have any exterior
service activities or feature exterior storage areas that total greater than 15,000
gross-square-feet or occupy an area larger than the size of the use’ principal
building. It also includes the following uses:
(1) Contractors’ office and storage yard.
(2) Warehousing and wholesale trade.
(3) Freight and cargo services.
(4) Cold storage warehousing.
(5) Commercial vehicle storage.
(6) Automotive rental and leasing.
(7) Automotive parking.
(8) Research, development, and testing.
“Heavy retail use” means retail uses with exterior sales and/or storage areas
greater than 15,000 gross square-feet or occupying a greater area than the use’s
principal building. Examples include truck stops, agricultural supplies, forest
product sales, building materials, and heating fuels.
“Housing, Missing Middle” means townhomes, duplexes, cottage housing, and
small apartments that are compatible in scale and form to detached single-family
homes.
Section 6. Amendment of Municipal Code. MMC Section 22A.020.130, entitled
“L” definitions, is hereby amended as follows:
22A.020.130 “L” definitions.
“Light manufacturing” means a facility conducting light manufacturing operations
within a fully-enclosed building. The light manufacturing category includes, but is
not limited to, the following uses:
(1) Clothing, textile apparel manufacturing.
(2) Facilities engaged in the assembly, design, repair or testing of: analyzing
or scientific measuring instruments; semiconductor and related solid state devices,
including but not limited to clocks, integrated microcircuits; jewelry, medical,
musical instruments, photographic or optical instruments; and timing instruments.
(3) Printing, publishing, and lithography.
(4) Production of artwork and toys, graphic design sign-making, movie
production facility, photo-finishing laboratory.
(5) Repair of scientific or professional instruments and electric motors.
Section 7. Amendment of Municipal Code. MMC Section 22A.020.170, entitled
“P” definitions, is hereby amended as follows:
22A.020.170 “P” definitions.
“Personal service use” means facilities involved in providing personal services to
the general public. Personal service includes the following uses.
(1) Animal care.
(2) Beauty/hair salon.
(3) Catering establishment.
(4) Cleaning establishment, dry-cleaning or laundry drop-off facility,
laundromat, washeteria.
(5) Copy center.
Code Amendments DMP Update Amendments Page 5 of 47
(6) Funeral home, funeral parlor, mortuary, undertaking establishment,
crematorium, pet crematorium.
(7) Optometrist.
(8) Palmist, psychic, medium, fortune telling.
(9) Tailor, milliner, upholsterer.
(10) Tattoo parlor, body piercing.
(11) Wedding chapel.
Section 8. Amendment of Municipal Code. MMC Section 22A.030.020, entitled
“Zones and map designations established,” is hereby amended as follows:
22A.030.020 Zones and map designations established.
In order to accomplish the purposes of this title, the following zoning designations and
zoning map symbols are established:
ZONING DESIGNATIONS MAP SYMBOL
Residential R (base density in
dwellings per acre)
Residential Mobile Home
Park
R-MHP
Neighborhood Business NB
Community Business CB
General Commercial GC
Downtown Commercial DC
Mixed Use MU
Light Industrial LI
General Industrial GI
Business Park BP
Recreation REC
Public/Institutional Zone P/I
Whiskey Ridge WR (suffix to
zone’s map
symbol)
Small Farms Overlay SF (suffix to zone’s
map symbol)
Adult Facilities AF (suffix to zone’s
map symbol)
Property-specific
development standards
P (suffix to zone’s
map symbol)
Section 9. Amendment of Municipal Code. MMC Section 22A.030.090, entitled
“Downtown commercial zone,” is hereby amended as follows:
22A.030.090 Downtown commercial zone. Downtown Master Plan Zones
See MMC Chapter 22C.080 Downtown Master Plan – Design Requirements, for zones
maps and designation within the boundary of the Downtown Master Plan.
Code Amendments DMP Update Amendments Page 6 of 47
(1) 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:
(a) 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;
(b) Allowing for regional shopping areas, and limited fabrication uses; and
(c) Concentrating large-scale commercial and office uses to facilitate the
efficient provision of public facilities and services.
(2) Use of this zone is appropriate in downtown commercial areas that are
designated by the comprehensive plan and that are served at the time of development
by adequate public sewers, water supply, roads and other needed public facilities and
services.
Section 10. Amendment of Municipal Code. MMC Section 22A.030.130, entitled
“Business park,” is hereby amended as follows:
22A.030.130 Business park zoneReserved.
(1) 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.
(2) 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.
Section 11. Amendment of Municipal Code. MMC Section 22C.010.320, entitled
“Open space and recreation space required,” is hereby amended as follows:
22C.010.320 Open space and recreation space required.
The on-site open space and recreation space standards are intended to provide usable,
accessible, and inviting open space for residents that enhances residential areas.
Multifamily residential uses shall provide open space equivalent to at least 20 percent
of the building’s gross floor area. The required area may be satisfied with one or more
of the elements listed below:
(1) Common open space accessible to all residents shall count for up to 100 percent
of the required open space. This includes landscaped courtyards or decks, gardens with
pathways, children’s play areas, or other multipurpose recreational and/or green
spaces. Special requirements and recommendations for common spaces include the
following:
(a) Space shall be large enough to provide functional leisure or recreational
activity area per the director. For example, long narrow spaces less than 20 feet wide
rarely, if ever, can function as usable common open space.
(b) Consider space as a focal point of development.
(c) Open space, particularly children’s play areas, shall be visible from
dwelling units and positioned near pedestrian activity.
(d) Space shall feature paths, plantings, seating, lighting and other
pedestrian amenities to make the area more functional and enjoyable.
Code Amendments DMP Update Amendments Page 7 of 47
(e) Individual entries shall be provided onto common open space from
adjacent ground floor residential units. Small, semi-private open spaces for adjacent
ground floor units that maintain visual access to the common area are strongly
encouraged to enliven the space.
(f) Separate common space from ground floor windows, streets, service
areas and parking lots with landscaping and/or low-level fencing, where desirable.
(g) Space shall be oriented to receive sunlight, facing east, west, or
(preferably) south, when possible.
(h) Required setbacks, landscaping, driveways, parking, or other vehicular
use areas shall not be counted toward the common open space requirement.
(i) Rooftops or rooftop decks shall not be considered as common open
space for the purpose of calculating minimum open space area; provided, that the
director may consider rooftops or rooftop decks as common open space where usable
open space amenities are provided and available to all residents.
(j) Outdoor open space shall not include areas devoted to parking or
vehicular access.
(2) The following amenities may be used to satisfy up to 50 percent of the open
space requirement. A combination of these amenities may be provided in different
ratios; provided, that (i) the total credit for any combination of the following amenities
may not exceed 50 percent of the open space requirement, and (ii) the amount of the
amenity provided is sufficient to achieve the purpose of the amenity as determined by
the director:
(a) Individual balconies that provide a space usable for human activity. To
qualify, the balconies shall be at least 35 square feet and have no dimension less than
four feet.
(b) Natural areas that function as an amenity to the development, subject
to the following requirements and recommendations:
(i) The natural area shall be accessible to all residents. For example,
safe and attractive trails provided along or through the natural area where they could
serve as a major amenity to the development.
(ii) Steep slopes, wetlands, or similar unbuildable areas shall not be
counted in the calculations for required open space unless they provide a visual amenity
for all units, as determined by the director.
(c) Storm water retention areas if the facility has natural-looking edges,
natural vegetation, and no fencing except along the property line. The design of such
areas shall go well beyond functional storm water requirements per the director in
terms of the area involved and the quality of landscaping and resident amenities. The
side slope of the storm water facilities shall not exceed a grade of 1:3 (one vertical to
three horizontal) unless slopes are existing, natural, and covered with vegetation.
(3) Children’s play equipment and recreational activity space for children and/or
teens that include parent seating areas are required in residential complexes with 20
or more units. Exceptions: age-restricted senior citizen housing; mixed use
developments; developments reserved for student housing; infill lots within the
downtown master plan area; and developments located within a quarter mile of safe
walking distance to a public park that features a play area.
(4) Active recreation facilities may be provided instead of common open space,
subject to the following:
(a) Active recreation facilities may include, but are not limited to, exercise rooms,
sports courts, swimming pools, tennis courts, game rooms, or community centers; and
(b) Indoor recreation areas may be credited towards the total recreation space
requirement, when the director determines that such areas are located, designed and
improved in a manner which provides recreational opportunities functionally equivalent
to those recreational opportunities available outdoors.
Code Amendments DMP Update Amendments Page 8 of 47
Figure 14 – Balconies provide private, usable open space for residents.
Figure 15 – A residential courtyard providing semi-private patio spaces adjacent to
individual units.
Figure 16 – Children’s play area incorporated into a multifamily development.
Code Amendments DMP Update Amendments Page 9 of 47
Section 12. Amendment of Municipal Code. MMC Section 22C.020.020, entitled
“List of the commercial, industrial, recreation and public institutional zones,” is hereby
amended as follows:
22C.020.020 List of the commercial, industrial, recreation and public
institutional zones.
The full names, short names and map symbols of the commercial, industrial, recreation
and public institutional zones are listed below.
Full Name
Short Name/
Map Symbol
Neighborhood Business NB
Community Business CB
General Commercial GC
Downtown Commercial DC
Mixed Use MU
Light Industrial LI
General Industrial GI
Business Park BP
Recreation REC
Public/Institutional Zone P/I
Whiskey Ridge WR (suffix to
zone’s map
symbol)
Small Farms Overlay SF (suffix to
zone’s map
symbol)
Property-specific
development standards
P (suffix to zone’s
map symbol)
Section 13. Amendment of Municipal Code. MMC Section 22C.020.030, entitled
“Characteristics of commercial, industrial, recreation and public institutional zones,” is hereby
amended 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.
Code Amendments DMP Update Amendments Page 10 of 47
(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 Zones.
(a) The purpose of the community business (CB) and community business
– Whiskey Ridge (CB-WR) zones 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 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.
(54) Mixed Use Zone.
Code Amendments DMP Update Amendments Page 11 of 47
(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) Reducing 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.
(65) 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.
(76) 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.
(87) 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
Code Amendments DMP Update Amendments Page 12 of 47
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.
(98) 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.
(109) 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.
(1110) 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 14. Amendment of Municipal Code. MMC Section 22C.020.060, entitled
“Permitted uses,” is hereby amended as follows:
22C.020.060 Permitted uses.
Specific Land Use NB CB
CB-
WR GC DC
MU
(63) LI GI REC P/I
Residential Land Uses
Dwelling Units, Types:
Townhouse P6 P
Multiple-family C4 P4,
C5 P4,
C5
P4,
P6 P
Mobile home P7 P7 P7 P7 P7 P7 P7 P7
Senior citizen assisted P C P
Caretaker’s quarters (3) P P P P P P P P P P
Group Residences:
Adult family home (70) P P P P P P P
Convalescent, nursing, retirement C P P P P
Code Amendments DMP Update Amendments Page 13 of 47
Specific Land Use NB CB
CB-
WR GC DC
MU
(63) LI GI REC P/I
Residential care facility P P P P P70 P70 P70 P
Master planned senior community (10) C C
Enhanced services facility (77)
Accessory Uses:
Home occupation (2) P8 P8,
P9
P8,
P9
P8,
P9
P8,
P9
P8,
P9 P9 P9
Temporary Lodging:
Hotel/motel P P P P P P P75
Bed and breakfast guesthouse (1)
Bed and breakfast inn (1) P 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,
noncommercial P P P16 P
Recreational vehicle park C12 C12 C P
Boat launch, commercial or public P P P
Boat launch, noncommercial or private P P P17 P
Community center P P P P P P P P P P
Amusement/Entertainment:
Theater P P P P P
Theater, drive-in C
Amusement and recreation services P18 P18 P18 P18 P19 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
Outdoor performance center C C C C
Riding academy P C
Cultural:
Library, museum and art gallery P P P P P P P P C P
Church, synagogue and temple P P P P P P P P P
Dancing, music and art center P P P P P C P
General Services Land Uses
Personal Services:
Code Amendments DMP Update Amendments Page 14 of 47
Specific Land Use NB CB
CB-
WR GC DC
MU
(63) LI GI REC P/I
General personal service P P P P P P P P
Dry cleaning plant P P P P
Dry cleaning pick-up station and retail
service P P P P P P25 P76 P
Funeral home/crematory P P P P P26 P76 P
Cemetery, columbarium or mausoleum P24 P24 P24 P24,
C20 P P
Day care I P70 P70 P70 P70 P70 P70 P21,
70 P70 P70 P70
Day care II P P P P P P P21
Veterinary clinic P P P P P P P76 P
Automotive repair and service P22 C,
P28
C,
P28 P P P
Electric vehicle (EV) charging station (64) P P P P P P P P P P
EV rapid charging station (65), (66) P P P P P67 P67 P P
EV battery exchange station P P P
Miscellaneous repair P P P P P
Social services P P P P P P
Kennel, commercial and exhibitor/breeding
(71) P P P P P
Pet daycare (71), (72) P P P P P P76 P
Civic, social and fraternal association P P P P C P P
Club (community, country, yacht, etc.) P P
Health Services:
Medical/dental clinic P P P P P P P
Hospital P P P P C C
Miscellaneous health P68 P68 P68 P68 P68 P68 P68
Supervised drug consumption facility
Education Services:
Elementary, middle/junior high, and senior
high (including public, private and
parochial)
C C C C C P C C
Commercial school P P P P P27 C
School district support facility C P P P P P P P P
Vocational school P P P P P27 P
Government/Business Service Land Uses
Government Services:
Code Amendments DMP Update Amendments Page 15 of 47
Specific Land Use NB CB
CB-
WR GC DC
MU
(63) LI GI REC P/I
Public agency office P P P P P P P P P
Public utility yard P P P
Public safety facilities, including police and
fire P29 P P P P P P P
Utility facility P P P P C P P P
Private storm water management facility P P P P P P P P P
Public storm water management facility P P P P P P P P P
Business Services:
Contractors’ office and storage yard P30 P30 P30 P P
Interim recycling facility P23 P23 P23 P P
Taxi stands P P P P P
Trucking and courier service P31 P31 P31 P P
Warehousing and wholesale trade P P P
Mini-storage (36) C78 C78 P76 P
Freight and cargo service P P P
Cold storage warehousing P P
General business service and office P P P P P P30 P P
Commercial vehicle storage P P
Professional office P P P P P P P
Miscellaneous equipment rental P30,
37
P30,
37 C38 P30,
37 P P
Automotive rental and leasing P P P
Automotive parking P P P 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,
40 P39 P39 P39 P39,
40
P39,
40 P P
Adult facility P33
Factory-built commercial building (35) P P P P P P P
Wireless communication facility (32) P, C P, C P, C P, C P, C P, C P, C P, C P, C
State-Licensed Marijuana Facilities:
Marijuana cooperative (69)
Marijuana processing facility – Indoor only
(69)
Marijuana production facility – Indoor only
(69)
Code Amendments DMP Update Amendments Page 16 of 47
Specific Land Use NB CB
CB-
WR GC DC
MU
(63) LI GI REC P/I
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 P P45 P76
Agricultural crop sales P P P C P76
Storage/retail sales, livestock feed P76 P
Motor vehicle and boat dealers P P P P P
Motorcycle dealers C C P P49 P P
Gasoline service stations P P P P P P76 P
Eating and drinking places P41 P P P P P46 P46 P
Drugstores P P P P P P P76 P
Liquor stores P P P
Used goods: antiques/secondhand shops P P P P P
Sporting goods and related stores P P P P P
Book, stationery, video and art supply
stores P P P P P P
Jewelry stores P P P P P
Hobby, toy, game shops P P P P P P
Photographic and electronic shops P P P P P P
Fabric and craft shops P P P P P P
Fuel dealers P43 P43 P43
Florist shops P P P P P P
Pet shops P P P P P P
Tire stores P P P P P76 P
Bulk retail P P P P76
Auction houses P42 P76
Truck and heavy equipment dealers P P
Mobile home and RV dealers C P P
Retail stores similar to those otherwise
named on this list P P P P P P48 P44,
76 P44
Automobile wrecking yards C P
Manufacturing Land Uses
Food and kindred products P50,
52
P50,
52 P50 P50 P
Code Amendments DMP Update Amendments Page 17 of 47
Specific Land Use NB CB
CB-
WR GC DC
MU
(63) LI GI REC P/I
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,
74 P54 P P
Motor vehicle and bicycle manufacturing C P
Aircraft, ship and boat building C P
Tire retreading C P
Movie production/distribution P P
Resource Land Uses
Agriculture:
Growing and harvesting crops P P P
Raising livestock and small animals P P P
Greenhouse or nursery, wholesale and
retail P P P C
Farm product processing P P
Forestry:
Growing and harvesting forest products P
Forest research P
Code Amendments DMP Update Amendments Page 18 of 47
Specific Land Use NB CB
CB-
WR GC DC
MU
(63) LI GI REC P/I
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 C P
Mineral:
Processing of minerals P P
Asphalt paving mixtures and block P P
Regional Land Uses
Jail C C C C
Regional storm water management facility C C C C C C P
Public agency animal control facility C P P C
Public agency training facility C56 C56 C56 C56 C57 C57
Nonhydroelectric generation facility C 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 P
Transit park and ride lot P P P P P P P P C
School bus base C C C C P C58
Racetrack C59 C59 C59 C P
Fairground P P C
Zoo/wildlife exhibit C C C C
Stadium/arena C C P C
College/university C P P P P P P P C
Secure community transition facility C60
Opiate substitution treatment program
facilities P61,
62
P61,
62
P61,
62
P61,
62 P62 P62
Section 15. Amendment of Municipal Code. MMC Section 22C.020.070, entitled
“Permitted uses – Development conditions,” is hereby amended as follows:
22C.020.070 Permitted uses – Development conditions.
Code Amendments DMP Update Amendments Page 19 of 47
(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. Reserved.
(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 overwater structure shall not exceed 20 feet
as measured from the line of ordinary high water;
(b) The total roof area of covered, overwater 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 overwater structure shall extend beyond the average length of all
preexisting over-water structures along the same shoreline and within 300 feet of the
parcel on which proposed. Where no such preexisting 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
Code Amendments DMP Update Amendments Page 20 of 47
(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
Code Amendments DMP Update Amendments Page 21 of 47
(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.
(45) Limited to 5,000 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.Reserved.
(50) Except slaughterhouses.
(51) Limited to photocopying and printing services offered to the general public.
(52) Limited to less than 10 employees.
(53) In conjunction with an eating and drinking establishment.
(54) Provided there is no outdoor storage and/or display of any materials, products
or vehicles.
(55) May be further subject to the provisions of city of Marysville shoreline
management program.
(56) Except weapons armories and outdoor shooting ranges.
(57) Except outdoor shooting ranges.
(58) Only in conjunction with an existing or proposed school.
(59) Except racing of motorized vehicles.
(60) Limited to land located along east side of 47th Avenue NE alignment, in the east
half of the northeast quarter of Section 33, Township 30N, Range 5E, W.M., and in the
northeast quarter of the southeast quarter of Section 33, Township 30N, Range 5E,
W.M., and land located east side of SR 529, north of Steamboat Slough, south and west
of Ebey Slough (a.k.a. TP No. 300533-002-004-00) and in the northwest and southwest
quarters of Section 33, Township 30N, Range 5E, W.M., as identified in Exhibit A,
attached to Ordinance No. 2452.
(61) Opiate substitution treatment program facilities permitted within commercial
zones are subject to Chapter 22G.070 MMC, Siting Process for Essential Public
Facilities.
(62) Opiate substitution treatment program facilities, as defined in
MMC 22A.020.160, are subject to the standards set forth below:
Code Amendments DMP Update Amendments Page 22 of 47
(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.
(65) The term “rapid” is used interchangeably with Level 3 and fast charging.
(66) Rapid (Level 3) charging stations are required to comply with the design and
landscaping standards outlined in MMC 22C.020.265.
(67) Rapid (Level 3) charging stations are required to be placed within a parking
garage.
(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) 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.
(77) Enhanced services facilities are prohibited in all commercial and industrial zones
as such are identified and adopted in Chapter 22C.020 MMC.
(78) Mini-storage facilities may be allowed in the CB and GC zones as a conditional
use on property located east of Interstate 5, North of 100th Street, and west of 47th
Avenue NE, subject to the following conditions:
(a) The property does not have direct frontage on an arterial street.
(b) Vehicular access to the property is limited by physical constraints, such
as railroad tracks, proximity to congested public street intersection where turning
movements are restricted, or other physical barriers that limit convenient vehicular
access for higher-traffic-generating uses such as retail or office.
(c) Buildings shall be located a minimum of 150 feet from the nearest
arterial street or interstate highway right-of-way.
Code Amendments DMP Update Amendments Page 23 of 47
Section 16. Amendment of Municipal Code. MMC Section 22C.020.080, entitled
“Densities and dimensions,” is hereby amended as follows:
22C.020.080 Densities and dimensions.
(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. 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.
Standards NB CB GC DC
MU
(12) LI GI BP REC P/I
WR-
MU
(15)
WR-
CB
(15)
Base density:
Dwelling
unit/acre
None
(18) 12 12 12 28 (1) 0 0 0 0 0 12 0
Maximum
density:
Dwelling
unit/acre
None
(18)
None
(13)
None
(13) None 34
(2)28 0 0 0 0 0 18
(13) 0
Minimum
street setback
(3)
20
feet
None
(7)
None
(7)
None
(7)
None
(7, 8)
None
(7)
None
(7)
None
(7)
20
feet
None
(7, 8)
None
(7, 8,
14)
None
(7,
14)
Minimum
interior
setback
10
feet
(side)
20
feet
(rear)
None
(4)
None
(4)
None
(4)
None
(9)
None
(4)
50
feet
(5)
None
(4)
50
feet
(5)
None
(4)
None
(4)
None
(4)
5 feet
(9, 16,
17)
None
(4)
Base height
(6) 25
feet
55
feet
35
feet,
85
feet
(19)
85
feet
45
feet,
65 feet
(10)
65
feet
65
feet
45
feet
35
feet
45
feet
45
feet
55
feet
Maximum
impervious
surface:
Percentage
75% 85% 85% 85%
85%,
75%
(11)
85% 85% 75% 35% 75%
85%,
75%
(11)
85%
Section 17. Amendment of Municipal Code. MMC Section 22C.020.090, entitled
“Densities and dimensions – Development conditions,” is hereby amended as follows:
22C.020.090 Densities and dimensions – Development conditions.
Code Amendments DMP Update Amendments Page 24 of 47
(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.
Reserved.
(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. Reserved.
(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) Townhome setbacks are reduced to zero on an interior side yard setback where
the units have a common wall for zero lot line developments.
(17) Townhome 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 18. Amendment of Municipal Code. MMC Section 22C.020.240, entitled
“Commercial, industrial, recreation and public institutional zones design requirements –
Applicability and interpretations,” is hereby amended as follows:
Code Amendments DMP Update Amendments Page 25 of 47
22C.020.240 Commercial, industrial, recreation and public institutional zones
design requirements – Applicability and interpretations.
(1) The intent of these design standards is to:
(a) Provide building design that has a high level of design quality and
creates comfortable human environments;
(b) Incorporate design treatments that add interest and reduce the scale of
buildings;
(c) Encourage building design that is authentic and responsive to site
conditions; and
(d) Encourage functional, durable, and environmentally responsible
buildings.
(2) Applicability.
(a) These design standards apply to all new development within the
following zones: general commercial (GC), community business (CB), neighborhood
business (NB), downtown commercial (DC), and mixed use (MU).
(b) The following activities shall be exempt from these standards:
(i) Construction activities which do not require a building permit;
(ii) Interior remodels of existing structures;
(iii) Modifications or additions to existing multifamily, commercial,
industrial, office and public properties when the modification or addition:
(A) Constitutes less than 10 percent of the existing
horizontal square footage of the use or structure; and
(B) Constitutes less than 10 percent of the existing building’s
exterior facade.
(c) These standards are intended to supplement the zoning standards in the
Marysville Municipal Code. Where these standards and the zoning ordinance standards
conflict, the city shall determine which regulation applies based on which is more in the
public interest and more consistent with the comprehensive plan.
(3) Interpreting and Applying the Design Standards.
(a) These standards capture the community visions and values as reflected
in the comprehensive plan’s neighborhood planning areas. The city’s community
development director (hereinafter referred to as “director”) retains full authority to
determine whether a proposal meets these standards. The director is authorized to
promulgate guidelines, graphic representations, and examples of designs and methods
of construction that do or do not satisfy the intent of these standards. The following
resources can be used in interpreting the guidelines: Site Planning and Community
Design for Great Neighborhoods (Frederick D. Jarvis, 1993) and City Comforts (David
Sucher, 1996).
(b) Many of these site and building design standards call for a building or
site to feature one or more elements from a menu of items. In these cases, a single
element, feature, or detail may satisfy multiple objectives. For example, a specially
designed or fabricated covered entry with attractive detailing might be counted toward
requirements for human scale, building corners, and building details.
(c) Within these standards, certain words are used to indicate the relative
importance and priority the city places upon a particular standard.
(i) The words “shall,” “must,” and “is/are required” mean that the
development proposal must comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance;
or
(B) The development proposal meets the intent of the
standards in some other manner.
(ii) The word “should” means that the development proposal will
comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance;
(B) The development proposal meets the intent of the
standards in some other manner; or
Code Amendments DMP Update Amendments Page 26 of 47
(C) There is convincing evidence that applying the standard
would not be in the public interest.
(iii) The words “is/are encouraged,” “can,” “consider,” “help,” and
“allow” mean that the action or characteristic is allowed and will usually be viewed as
a positive element in the city’s review.
(d) The project proponent may submit proposals that he/she feels meet the
intent of the standards but not necessarily the specifics of one or more standards. In
this case, the director will determine if the intent of the standard has been met.
Section 19. Amendment of Municipal Code. MMC Section 22C.020.270, entitled
“Open space and recreation space required,” is hereby amended as follows:
22C.020.270 Open space and recreation space required.
The on-site open space and recreation space standards are intended to provide usable,
accessible, and inviting open space for residents that enhances residential areas.
Multifamily residential uses in the mixed use zone shall provide open space equivalent
to at least 20 percent of the building’s gross floor area; vertical mixed use
developments (where commercial and multifamily uses are contained in the same
building) shall not be subject to this requirement; provided, that at least 80 percent of
the ground floor is exclusively dedicated to commercial uses and residential uses shall
be limited to walls not oriented or located along the street. The required area may be
satisfied with one or more of the elements listed below:
(1) Common open space accessible to all residents shall count for up to 100 percent
of the required open space. This includes landscaped courtyards or decks, gardens with
pathways, children’s play areas, or other multipurpose recreational and/or green
spaces. Special requirements and recommendations for common spaces include the
following:
(a) Space shall be large enough to provide functional leisure or recreational
activity area per the director. For example, long narrow spaces less than 20 feet wide
rarely, if ever, can function as usable common open space.
(b) Consider space as a focal point of development.
(c) Open space, particularly children’s play areas, shall be visible from
dwelling units and positioned near pedestrian activity.
(d) Space shall feature paths, plantings, seating, lighting and other
pedestrian amenities to make the area more functional and enjoyable.
(e) Individual entries shall be provided onto common open space from
adjacent ground floor residential units. Small, semi-private open spaces for adjacent
ground floor units that maintain visual access to the common area are strongly
encouraged to enliven the space.
(f) Separate common space from ground floor windows, streets, service
areas and parking lots with landscaping and/or low-level fencing, where desirable.
(g) Space shall be oriented to receive sunlight, facing east, west, or
(preferably) south, when possible.
(h) Required setbacks, landscaping, driveways, parking, or other vehicular
use areas shall not be counted toward the common open space requirement.
(i) Rooftops or rooftop decks shall not be considered as common open
space for the purpose of calculating minimum open space area; provided, that the
director may consider rooftops or rooftop decks as common open space where usable
open space amenities are provided and available to all residents.
(j) Outdoor open space shall not include areas devoted to parking or
vehicular access.
(2) The following amenities may be used to satisfy up to 50 percent of the open
space requirement. A combination of these amenities may be provided in different
ratios; provided, that (i) the total credit for any combination of the following amenities
may not exceed 50 percent of the open space requirement, and (ii) the amount of the
Code Amendments DMP Update Amendments Page 27 of 47
amenity provided is sufficient to achieve the purpose of the amenity as determined by
the director:
(a) Individual balconies that provide a space usable for human activity. To
qualify, the balconies shall be at least 35 square feet and have no dimension less than
four feet.
(b) Natural areas that function as an amenity to the development, subject
to the following requirements and recommendations:
(i) The natural area shall be accessible to all residents. For example,
safe and attractive trails provided along or through the natural area where they could
serve as a major amenity to the development.
(ii) Steep slopes, wetlands, or similar unbuildable areas shall not be
counted in the calculations for required open space unless they provide a visual amenity
for all units, as determined by the director.
(c) Storm water retention areas if the facility has natural looking edges, natural
vegetation, and no fencing except along the property line. The design of such areas
shall go well beyond functional storm water requirements per the director in terms of
the area involved and the quality of landscaping and resident amenities. The side slope
of the storm water facilities shall not exceed a grade of 1:3 (one vertical to three
horizontal) unless slopes are existing, natural, and covered with vegetation.
(3) Children’s play equipment and recreational activity space for children and/or
teens that include parent seating areas are required in residential complexes with 20
or more units. Exceptions: age-restricted senior citizen housing; mixed use
developments (combined commercial and residential in same building); developments
reserved for student housing; infill lots within the downtown master plan area; and
developments located within a quarter mile of safe walking distance to a public park
that features a play area.
(4) Active recreation facilities may be provided, subject to the following:
(a) Active recreation facilities may include, but are not limited to, exercise
rooms, sports courts, swimming pools, tennis courts, game rooms, or community
centers; and
(b) Indoor recreation areas may be credited towards the total recreation
space requirement, when the city determines that such areas are located, designed and
improved in a manner which provides recreational opportunities functionally equivalent
to those recreational opportunities available outdoors.
Figure 20 – Balconies provide private, usable open space for residents.
Code Amendments DMP Update Amendments Page 28 of 47
Figure 21 – A residential courtyard providing semi-private patio spaces adjacent to
individual units.
Figure 22 – Children’s play area incorporated into a multifamily development.
Section 20. Amendment of Municipal Code. MMC Section 22C.040.040, entitled
“General performance standards,” is hereby amended as follows:
22C.040.040 General performance standards.
All development within the mixed use zone, or mixed use – special district, shall strictly
comply with the following general performance standards:
(1) Preliminary and final plans must comply with bulk regulations contained in this
chapter and Chapter 22C.020 MMC.
(2) All proposed sites shall be served by public water and sewer services and paved
streets.
(3) Open space/recreation facilities shall be provided as outlined in
MMC 22C.020.270 through 22C.020.310.
(4) Vehicular Access and Traffic.
(a) Each project shall be limited to a maximum of two points of vehicular
access on any one street unless it can be demonstrated that additional points of
vehicular access would not materially impede the flow of traffic on the adjoining streets.
(b) Developments which provide both residential and nonresidential uses
may be eligible for an appropriate traffic mitigation fee reduction.
Code Amendments DMP Update Amendments Page 29 of 47
(c) Pedestrian access shall be a priority in review of the vehicular access
plan.
(d) Access points on arterial streets shall be coordinated with adjacent
properties in order to limit the overall number of access points.
(5) Pedestrian Access. All projects which contain multiple businesses and/or
residential uses shall provide an interconnecting pedestrian circulation system. When a
proposed development is on an established bus route, the applicant may be required
to provide a bus shelter.
(6) Parking. Off-street parking for residential and nonresidential uses shall comply
with Chapter 22C.130 MMC. Off-street parking requirements are modified as follows for
developments within Planning Area 1 (downtown) as defined in the city’s
comprehensive plan which provide both residential and nonresidential uses:
(a) No less than one space for every 1,000 square feet of nonresidential
floor area shall be provided;
(b) For duplexes, triplexes, fourplexes, apartments, and condominiums, one
space per each studio or one bedroom dwelling unit, and one and one-half spaces per
each two or more bedroom units.
(7) Lighting. Outdoor lighting shall not shine on adjacent properties, rotate or flash.
(8) Utilities. All new utility services and distribution lines shall be located
underground.
(9) Sidewalks. Sidewalk width requirements shall be increased to a range of seven
to 10 feet on streets designated as major pedestrian corridors. For sidewalk widths
exceeding the amount required in the City of Marysville Engineering Design and
Development Standards, credit will be given on a square footage basis for any
dedication of the additional right-of-way.
(10) Signs. Signs shall comply with the requirements of Chapter 22C.160 MMC.
(11) Standards Incorporated by Reference. Unless specifically superseded by
provisions of this chapter, performance standards for residential and commercial
development found elsewhere in the Marysville Municipal Code shall apply to such
developments in the mixed use zones, and mixed use – special districts, including
parking requirements, storm drainage requirements, sign regulations, and noise
regulations.
(12) Maintenance of Open Space, Landscaping and Common Facilities. The owner of
the property, its heirs, successors and assigns, shall be responsible for the preservation
and maintenance of all open space, parking areas, walkways, landscaping, fences and
common facilities, in perpetuity, at a minimum standard at least equal to that required
by the city, and approved by the planning director, at the time of initial occupancy.
Section 21. Amendment of Municipal Code. MMC Section 22C.090.020, entitled
“General performance standards,” is hereby amended as follows:
22C.090.020 Permitted locations of residential density incentives.
Residential density incentives (RDI) shall be used only on sites served by public
sewers and only in the following zones:
(1) In R-12 through R-28 zones;
(2) Planned residential developments;
(3) In MU, CB, GC and DC zones; and
(4) SF, MF, and MU zones within the Whiskey Ridge mMaster pPlan.; and
(5) DC, MS, F, MMF, MH1, MH2 zones within the Downtown Master Plan.
Section 22. Amendment of Municipal Code. MMC Section 22C.130.030, entitled
“Minimum required parking spaces,” is hereby amended as follows:
22C.130.030 Minimum required parking spaces.
Code Amendments DMP Update Amendments Page 30 of 47
(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
Code Amendments DMP Update Amendments Page 31 of 47
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 required off-street parking, the department may
require improvement of existing right-of-way to meet the intent of this code and the
downtown master plan in providing improved parking, walkways and access to the
business.
(ih) 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.
Code Amendments DMP Update Amendments Page 32 of 47
Table 1: Minimum Required Parking Spaces
LAND USE MINIMUM REQUIRED SPACES
RESIDENTIAL USES
Single-family dwellings, duplexes,
townhouses, and mobile homes
2 per dwelling unit for residents plus 1 additional guest parking
space per dwelling unit; provided:
1. An enclosed private garage may be utilized to meet the
required parking for residents. Driveways can be counted as
resident or guest parking spaces, 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 per dwelling for the residents; however, tandem
parking can be counted as a guest parking space.
Accessory dwelling units 1 per dwelling unit
Studio apartments 1.25 per dwelling unit
Multiple-family dwellings, one
bedroom
1.5 per dwelling unit. Parking spaces behind other required
parking spaces (a.k.a. “tandem parking”) shall not be counted
towards the 1.5 required parking spaces in a multifamily
development; however, tandem parking can be counted as a
guest parking space, when required.
Multiple-family dwellings, two or
more bedrooms
1.75 per dwelling unit. Parking spaces behind other required
parking spaces (a.k.a. “tandem parking”) shall not be counted
towards the 1.75 required parking spaces in a multifamily
development; however, tandem parking can be counted as a
guest parking space, when required.
Retirement housing and apartments 1 per dwelling
Mobile home parks 2 per unit, plus guest parking at 1 per 4 lots
Rooming houses, similar uses 1 per dwelling
Bed and breakfast accommodations 1 space for each room for rent, plus 2 spaces for the principal
residential use
RECREATIONAL/CULTURAL USES
Movie theaters 1 per 4 seats
Stadiums, sports arenas and similar
open assemblies
1 per 8 seats or 1 per 100 SF of assembly space without fixed
seats
Dance halls and places of assembly
without fixed seats
1 per 75 SF of gross floor area
Bowling alleys 5 per lane
Skating rinks 1 per 75 SF of gross floor area
Tennis courts, racquet clubs,
handball courts and other similar
commercial recreation
1 space per 40 SF of gross floor area used for assembly, plus 2
per court
Swimming pools (indoor and
outdoor)
1 per 10 swimmers, based on pool capacity as defined by the
Washington State Department of Health
Code Amendments DMP Update Amendments Page 33 of 47
Table 1: Minimum Required Parking Spaces
LAND USE MINIMUM REQUIRED SPACES
Golf courses 4 spaces for each green, plus 50% of spaces otherwise required
for any accessory uses (e.g., bars, restaurants)
Gymnasiums, health clubs 1 space per each 200 SF of gross floor area
Churches, auditoriums and similar
enclosed places of assembly
1 per 4 seats or 60 lineal inches of pew or 40 SF gross floor area
used for assembly
Art galleries and museums 1 per 250 SF of gross floor area
COMMERCIAL/OFFICE USES
Banks, business and professional
offices (other than medical and
dental) with on-site customer
service
1 per 400 SF gross floor area
Retail stores and personal service
shops unless otherwise provided
herein
If < 5,000 SF floor area, 1 per 600 SF gross floor area; if > 5,000
SF floor area, 8 plus 1 per each 300 SF gross floor area over
5,000 SF
Grocery stores 1 space per 200 SF of customer service area
Barber and beauty shops 1 space per 200 SF
Motor vehicle sales and service 2 per service bay plus 1 per 1,000 SF of outdoor display
Motor vehicle or machinery repair,
without sales
2 plus 2 per service bay
Mobile home and recreational
vehicle sales
1 per 3,000 SF of outdoor display area
Motels and hotels 1 per unit or room
Restaurants, taverns, bars with on-
premises consumption
If < 4,000 SF, 1 per 200 SF gross floor area; if > 4,000 SF, 20
plus 1 per 100 SF gross floor area over 4,000 SF
Drive-in restaurants and similar
establishments, primarily for auto-
borne customers
1 per 75 SF of gross floor area. Stacking spaces shall be provided
in accordance with Chapter 22C.140 MMC, Drive-Through Facilities
Shopping centers If < 15,000 SF, 1 per 200 SF of gross floor area; if > 15,000 SF, 1
per 250 SF of gross floor area
Day care centers 1 space per staff member and 1 space per 10 clients. A paved
unobstructed pick-up area shall be set aside for dropping off and
picking up children in a safe manner that will not cause the
children to cross the parking area or lines of traffic.
Funeral parlors, mortuaries or
cemeteries
1 per 4 seats or 8 feet of bench or pew or 1 per 40 SF of assembly
room used for services if no fixed seating is provided
Gasoline/service stations with
grocery
1 per employee plus 1 per 200 SF gross floor area
Adult facilities as defined by
MMC 22A.020.020
1 per 75 SF of gross floor area or, in the case of an adult drive-in
theater, 1 per viewing space
HEALTH SERVICES USES
Nursing homes, convalescent homes
for the aged
1 per 5 beds plus 1 space per employee and medical staff
Code Amendments DMP Update Amendments Page 34 of 47
Table 1: Minimum Required Parking Spaces
LAND USE MINIMUM REQUIRED SPACES
Medical and dental clinics 1 per 200 SF gross floor area
Hospitals 1 per 2 beds, excluding bassinets
EDUCATIONAL USES
Elementary, junior high schools
(public and private)
5 plus 1 per each employee and faculty member
Senior high schools (public and
private)
1 per each 10 students plus 1 per each employee or faculty
member
Commercial/vocational schools 1 per each employee plus 1 per each 2 students
PUBLIC/GOVERNMENT USES
Public utility and governmental
buildings
1 per 400 SF of gross floor area
Libraries 1 per 250 SF of gross floor area
MANUFACTURING/WAREHOUSE USES
Manufacturing and industrial uses of
all types, except a building used
exclusively for warehouse purposes
1 per 750 SF of gross floor area plus office space requirements
Warehouses, storage and wholesale
businesses
1 per 2,000 SF of gross floor area plus office space requirements
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 23. Amendment of Municipal Code. MMC Section 22C.250.080, entitled
“Wireless communication facilities – Design standards,” is hereby amended as follows:
22C.250.080 Wireless communication facilities – Design standards.
(1) All WCFs shall:
(a) Be designed and constructed to present the least visually obtrusive
profile.
(b) Use colors such as gray, blue, or green that reduce visual impacts
unless otherwise required by the city of Marysville, the FAA, or the FCC.
(c) Flush-mount antennas when feasible. Nonflush-mounted antennas
are allowed only upon written demonstration by the applicant that flush-mounting
is not feasible.
(2) Base Stations.
(a) Base stations that are not located underground shall not be visible
from public views.
(b) New base stations and ancillary structures shall be designed to
complement or match adjacent structures and landscapes with specific design
considerations such as architectural designs, height, scale, color, and texture and
designed to blend with existing surroundings to the extent feasible. This shall be
achieved through the use of compatible colors and building materials of existing
buildings or structures on the property, and alternative site placement to allow the
use of topography, existing vegetation or other structures to screen the base
station and ancillary structures from pedestrian views. Where feasible, one building
Code Amendments DMP Update Amendments Page 35 of 47
with multiple compartments shall be constructed to serve the total number of
anticipated co-location tenants. If the applicant can demonstrate that one building
is not feasible or practical due to site design or other constraints, then a site plan
shall be provided to demonstrate how all potential base stations and ancillary
structures will be accommodated within the vicinity of the WCF.
(3) Height Standards. The height of the antenna support structure shall be
measured from the natural undisturbed ground surface below the center of the
base of the tower to the top of the tower or, if higher, to the top of the highest
antenna or piece of equipment attached thereto. The height of any WCF shall not
exceed the heights provided in the table below.
Zone Maximum
Height
GC, DC, CB, NB, GI, LI, MU, PI,
BP WR-CB, WR-MU, DC, MS, F 140 feet
R4.5 – R28, R-6.5, R-8, WR-R-
4-8, R-12, R-18, WR-R-6-18,
MMF, MH1, MH2
80 feet
Open Space and Recreation 140 feet
Notes:
(1) New antenna support structures must comply with
MMC 22C.250.070(4)(e) through (g).
(2) Increases to the height of an existing antenna support
structure are permitted, provided:
(a) It is consistent with all conditions of the CUP
authorizing the use and subsequent approvals thereafter;
(b) The existing conditions and the proposed changes
are not in violation of the MMC;
(c) It is necessary to accommodate an actual co-
location of the antenna for additional service providers or to
accommodate the current provider’s antenna required to utilize
new technology, provide a new service, or increase capacity;
(d) Height increases are limited to no more than 40
feet above the height of the existing antenna support structure
unless explicitly allowed in the CUP;
(e) A nonconformance shall not be created or
increased, except as otherwise provided by this chapter;
(f) A detailed certification of compliance with the
provisions of this section is prepared, submitted, and approved.
(4) Setback Requirements.
(a) Antenna support structures outside of the right-of-way shall have a
setback from property lines of 10 feet from any property line and 50 feet or one
foot setback for every one foot in height from any residentially zoned property,
whichever provides the greatest setback.
(b) Base stations shall be subject to the setback requirements of the
zone in which they are located.
(c) The department shall consider the following criteria and give
substantial consideration to on-site location; setback flexibility is authorized when
reviewing applications for new antenna support structures and consolidations:
Code Amendments DMP Update Amendments Page 36 of 47
(i) Whether existing trees and vegetation can be preserved in such
a manner that would most effectively screen the proposed tower from residences
on adjacent properties;
(ii) Whether there are any natural landforms, such as hills or other
topographic breaks, that can be utilized to screen the tower from adjacent
residences;
(iii) Whether the applicant has utilized a tower design that reduces
the silhouette of the portion of the tower extending above the height of surrounding
trees.
(5) Landscaping and Fencing Requirements.
(a) All ground-mounted base stations and ancillary structures shall be
enclosed with an opaque fence or fully contained within a building. In all residential
zones, or a facility abutting a residential zone, or in any zone when the base station
and ancillary structures adjoin a public right-of-way, the fence shall be opaque and
made of wood, brick, or masonry. In commercial or industrial zones, if a chain-link
fence is installed, slats shall be woven into the security fence. Required fencing
shall be of sufficient height to screen all ground equipment and shall be subject to
MMC 22C.010.380 and 22C.020.330. The city shall have the authority to
determine the type of enclosure and materials required based upon review of
existing site and surrounding conditions.
(b) Landscaping shall be done in accordance with
Chapter 22C.120 MMC.
(c) When a fence is used to prevent access to a WCF or base station,
any landscaping required shall be placed outside of the fence.
(d) Landscaping provisions may be modified in accordance with
MMC 22C.120.190.
(6) Lighting Standards. Except as specifically required by the FCC or FAA, WCFs
shall not be illuminated, except lighting for security purposes that is compatible
with the surrounding neighborhood. Any lighting required by the FAA or FCC must
be the minimum intensity and number of flashes per minute (i.e., the longest
duration between flashes) allowable to minimize the potential attraction to
migratory birds. Dual lighting standards (white blinking light in daylight and red
blinking light at dusk and nighttime) are required and strobe light standards are
prohibited unless required. The lights shall be oriented so as not to project directly
onto surrounding residential property, and consistent with FAA and FCC
requirements.
(7) Signage. Commercial messages shall not be displayed on any WCF. The
only signage that is permitted upon an antenna support structure, base station, or
fence shall be informational, and for the purpose of identifying the antenna support
structure (such as ASR registration number), as well as the party responsible for
the operation and maintenance of the facility, its current address and telephone
number, security or safety signs, and property manager signs (if applicable). If
more than 220 voltage is necessary for the operation of the facility and is present
in a ground grid or in the antenna support structure, signs located every 20 feet
and attached to the fence or wall shall display in large, bold, high contrast letters
(minimum letter height of four inches) the following: HIGH VOLTAGE – DANGER.
(8) Sounds. Maximum permissible sound levels to intrude into the real property of
another person from a wireless communication facility shall not exceed 45 dB(A).
In the case of maintenance, construction, and emergencies, these sound levels
may be exceeded for short durations as required by the specific circumstance.
Code Amendments DMP Update Amendments Page 37 of 47
Section 24. Amendment of Municipal Code. MMC Section 22D.030.070, entitled
“Determination and fulfillment of road system obligations,” is hereby amended as follows:
22D.030.070 Determination and fulfillment of road system obligations.
(1) Determination of Developer Obligations.
(a) Applications which have a prior SEPA threshold determination
establishing developer obligation for the transportation impacts at time of
enactment of the ordinance codified in this title shall be vested under the
development obligation identified under SEPA.
(b) A determination of developer obligation shall be made by the city
before approval of preliminary plats, short subdivisions, and conditional use
permits. For binding site plans (including those associated with rezone applications)
and commercial permits, the determination of developer obligation shall be made
prior to issuance of a building permit.
(c) Mitigation measures imposed as conditions of approval of conditional
use permits or binding site plans shall remain valid until the expiration date of the
concurrency determination for a development. Any building permit application
submitted after the expiration date shall be subject to full reinvestigation of traffic
impacts under this title before the building permit can be issued. Determination of
new or additional impact mitigation measures shall take into consideration, and
may allow credit for, mitigation measures fully accomplished in connection with
approval of the conditional use permit, the binding site plan, or prior building
permits pursuant to a binding site plan, only where those mitigation measures
addressed impacts of the current building permit application.
(d) The director, following review of any required traffic study and any
other pertinent data, shall inform the developer in writing what the development’s
impacts and mitigation obligations are under this title. The developer shall make a
written proposal for mitigation of the development’s traffic impact, except when
such mitigation is by payment of any impact fee under the authority provided to
the city under RCW 82.02.050(2). When the developer’s written proposal has been
reviewed for accuracy and completeness by the director, the director shall make a
recommendation to the community development department as to the concurrency
determination and conditions of approval or reasons for recommending denial of
the land use application, citing the requirements of this title.
(e) For developments which require a public hearing, a developer must
submit a written proposal to the director for mitigation of the development’s traffic
impact, except where such mitigation is by payment of any impact fee under the
authority provided to the city under RCW 82.02.050(2). The written proposal must
be submitted after any required traffic study has been reviewed and the director
has stated the mitigation requirements pursuant to this chapter.
(f) Any request to amend a proposed development, following the
determination of developer obligations and approval of the development, which
causes an increase in the traffic generated by the development, or a change in
points of access, shall be processed in the same manner as an original application
and determined to be a substantial project revision, except where written
concurrence is provided by the community development director that such request
may be administratively approved.
(2) Road System Capacity Requirements.
(a) All developments must mitigate their impact upon the future
capacity of the road system either by constructing off-site road improvements
which offset the traffic impact of the development or by paying the development’s
proportionate share cost of the future capacity improvements as set forth in
subsection (3) of this section.
Code Amendments DMP Update Amendments Page 38 of 47
(b) Construction Option – Requirements.
(i) If a developer chooses to mitigate the development’s impact
to the road system capacity by constructing off-site road improvements, the
developer must investigate the impact, identify improvements, and offer a
construction plan to the director for construction of the off-site improvements.
(ii) In cases where two or more developers have agreed to fully
fund a certain improvement, the proportionate sharing of the costs shall be on any
basis that the developers agree among themselves would be equitable. Under such
an arrangement, the terms of the agreement shall be binding on each development
as conditions of approval.
(iii) Any developer who volunteers to construct more than the
development’s share of the cost of off-site improvements may apply for a
reimbursement contract.
(c) Payment Option – Requirements.
(i) If a developer chooses to mitigate the development’s impact
by making a proportionate share mitigating payment, the development’s share of
the cost of future capacity improvements will be equal to the development’s peak-
hour traffic (PHT) times the per-trip amount as identified in the transportation
element of the comprehensive plan, as codified below.
(ii) If a developer chooses to mitigate the development’s impact
by making a proportionate share mitigating payment, the payment is required prior
to building permit issuance unless the development is a subdivision or short
subdivision, wherein the payment is required prior to the recording of the
subdivision or short subdivision.
(iii) Any developer who volunteers to pay more than the
development’s share of the cost of off-site improvements may apply for a
reimbursement contract.
(3) Traffic Impact Fee.
(a) The proportionate share fee amount shall be calculated in
accordance with the formula established in Table I:
Table I:
A. Formula
Step 1. Calculate total transportation plan costs
(20-year).
Step 2. Subtract costs assigned to other agencies
= total city of Marysville costs.
Step 3. Subtract city-funded noncapacity
projects from total city of Marysville
costs.
Step 4. Subtract LID or other separate developer
funding sources = capacity added
projects.
Step 5. Subtract city share for external capacity
added traffic.
Step 6. Calculate applied discount.
The fee amount resulting from Step 5 is the required traffic impact fee payment.
Code Amendments DMP Update Amendments Page 39 of 47
(b) Data needed for calculation of the fee amount shall be provided in
the adopted transportation element and street capital facility plan contained within
the adopted city comprehensive plan, which data shall be updated at least
annually.
(4) Temporary Enhanced Discount. For a period of three years from the
effective date of the ordinance codified in this section, the discount referenced in
Step 6 of Table I above (and which is based on data contained in Appendix A,
Traffic Impact Fee Methodology, of the city’s Transportation Element) shall be
adjusted from seven percent to 22 percent. From and after three years of the
effective date of the ordinance codified in this section the subject discount shall
automatically revert to seven percent without further action of the Marysville city
council.
(5) Traffic Impact Fee Exemption.
(a) Traffic Impact Fee Exemption Established. Pursuant to
RCW 82.02.060(2) and (4), there is hereby established an exemption from the
traffic impact fee set forth in subsection (3) of this section for development activity
which meets the criteria of subsection (5)(c) of this section.
(b) Application for Traffic Impact Fee Exemption. Any developer
applying for or receiving a building permit which meets the criteria set forth in
subsection (5)(c) of this section may apply to the director of public works or
designee for an exemption from the traffic impact fee established pursuant to
subsection (3) of this section. Said application shall be on forms provided by the
city and shall be accompanied by all information and data the city deems necessary
to process the application. To the extent it is authorized by law the city shall
endeavor to keep all proprietary information submitted with said application
confidential; provided, however, this section shall not create or establish a special
duty to do so.
(c) Exemption Criteria. To be eligible for the traffic impact fee exemption
established by this section, the applicant shall meet each of the following criteria:
(i) The applicant must be a new commercial retail business in
the Marysville city limits. For purposes of this section, “new commercial retail
business” shall mean any business which sells retail goods and services which are
subject to the retail sales tax provisions of Chapter 3.84 MMC and which applies
for a building permit and which is subject to payment of traffic impact fees pursuant
to this title.
(ii) Based on similar store sales or other reliable data, as
determined by the city, the applicant must demonstrate that it is likely to generate
to the city of Marysville average annual city of Marysville portion sales and use tax
revenue of at least $200,000 based upon the three-year period commencing from
date of certificate of occupancy.
(iii) The applicant must be a new retail business located within
one of the following prescribed land use zones: light industrial (LI), general
commercial (GC), community business (CB), mixed use (MU), downtown
commercial core (DC), main street (MS), flex (F).
(d) Administration of Traffic Impact Fee Exemption.
(i) Upon acceptance of an application for exemption from traffic
impact fees pursuant to subsection (5)(b) of this section, the applicant shall pay to
the city the full amount of the traffic impact fees required pursuant to subsection
(3) of this section. Following receipt of the traffic impact fees the city shall deposit
and manage the fees as set forth in subsection (5)(e) of this section. At the
expiration of a three-year period commencing from the date of issuance of a
certificate of occupancy the public works director, with the assistance of the city
finance director, shall determine if the average annual city of Marysville portion
Code Amendments DMP Update Amendments Page 40 of 47
sales and use tax revenue received by the city meets the minimum amount stated
in subsection (5)(c)(ii) of this section. The determination shall be based upon the
sales tax reporting requirements of Chapter 3.84 MMC as it now reads or is
hereafter amended.
(ii) In the event the three-year average annual city of Marysville
portion sales and use tax revenue criterion of subsection (5)(c)(ii) of this section
has been met as determined by the director of public works, there shall be an
exemption of 50 percent from the traffic impact fees otherwise due pursuant to
subsection (3) of this section. In such case, 50 percent of the amount paid to the
city pursuant to subsection (5)(d)(i) of this section shall be refunded to the
applicant, plus any accrued interest. The remainder of the funds deposited
pursuant to subsection (5)(d) of this section shall belong to the city and shall be
released to the city.
(iii) In the event the three-year average annual city of Marysville
portion sales and use tax revenue criterion of subsection (5)(c)(ii) of this section
has not been met, the traffic impact fee required under subsection (3) of this
section shall immediately belong to and shall be released to the city; provided,
however, in cases where the applicant has met at least 75 percent of the amount
set forth in subsection (5)(c)(ii) of this section, the applicant shall receive a partial
exemption which shall result in a refund of 25 percent of the amount paid to the
city pursuant to subsection (5)(d) of this section plus any accrued interest. The
remainder of the funds deposited pursuant to subsection (5)(d) of this section shall
belong to the city and shall be released to the city.
(iv) In cases where the applicant has not met either the three-
year annual sales and use tax revenue criterion of subsection (5)(c)(ii) of this
section or 75 percent thereof, all traffic impact fees paid pursuant to subsection
(3) of this section shall belong to the city.
(v) By mutual agreement of the city and the applicant, any
refund due under this section may be applied to an obligation or assessment owed
by the applicant for city street improvement purposes, including, but not limited
to, any obligation or assessment under a local improvement district for streets.
(e) Deposit and Management of Traffic Impact Fees. Traffic impact fees
paid by an applicant pursuant to this section and the provisions of subsection (3)
of this section shall be deposited by the city into a separate interest bearing
account with any qualified public depository for local government as determined
by the city. The account holder shall be the city of Marysville. The city may at its
option withdraw up to 50 percent of said funds at any time for uses authorized by
this title. All other funds deposited in that account shall be used exclusively for
payment of refunds to eligible applicants pursuant to subsection (5)(d) of this
section and balances, if any, to which the city is entitled. All refunds and interest
to which an applicant is entitled shall be paid by the city within 120 days following
the three-year period following the issuance of a certificate of occupancy.
(f) Appeals. Any applicant aggrieved by the determination of the
director of public works as to whether the criteria of subsection (5)(c) of this section
have been met or the eligibility for an exemption from subsection (3) of this section
or the amount of refund to which an applicant is entitled pursuant to subsection
(5)(d) of this section may file a written appeal to the city’s land use hearing
examiner as established by Chapter 22G.060 MMC. The city examiner is hereby
specifically authorized to hear and decide such appeals and the decision of the
hearing examiner shall be final action of the city and subject to appeal pursuant to
MMC 22G.010.540.
(g) Application of Sales and Use Tax Revenue from Businesses Which
Receive an Exemption or Partial Exemption.
Code Amendments DMP Update Amendments Page 41 of 47
(i) All sales and use tax received by the city from applicants who
receive an exemption or partial exemption from the requirements of this title shall
be deposited in a special account to be administered by the city. Said account shall
be established to pay traffic impact fees that otherwise would have been paid had
an exemption or partial exemption not been granted. Said amounts shall be
expended for purposes authorized by and in accordance with the provisions of this
title and the provisions of the city’s capital improvement plan for streets. All sales
and use tax revenues in excess of the amount paid as traffic impact fees received
by the city from the applicant may be deposited in the city’s general fund and may
be expended for any lawful purpose as directed by the city council.
(ii) Special Sales Tax Account. The city shall establish by
separate ordinance a special sales tax account for the purposes set forth in
subsection (5)(g)(i) of this section.
(6) Level of Service Requirements – Concurrency Determinations.
(a) The department shall make a concurrency determination for each
development application. The concurrency determination will establish whether the
development will impact an arterial unit where the level of service is below the
adopted level of service standard, or cause the level of service on an arterial unit
to fall below the adopted level of service standard, unless improvements are
programmed and funding identified which would remedy the deficiency within six
years. In either case, the development will be deemed not concurrent. The
approving authority shall not approve any development that is not deemed
concurrent under this section. Building permit applications for development within
an approved rezone with binding site plan, nonresidential subdivision or short
subdivision, for which a concurrency determination has been made in accordance
with this section, shall be deemed concurrent; provided, that the building permit
will not cause the approved traffic generation of the prior approval to be exceeded,
there is no change in points of access, and mitigation required pursuant to the
rezone with binding site plan, subdivision or short subdivision approval is
performed as a condition of building permit issuance.
(i) The department shall make a concurrency determination
upon receipt of a development’s application submittal. The determination may
change based upon revisions in the application. Any change in the development
after approval will be resubmitted to the director, and the development will be re-
evaluated for concurrency purposes.
(ii) Concurrency shall expire six years after the date of the
concurrency determination, or, in the case of approved residential subdivisions,
when the approval expires or when the application is withdrawn or allowed to lapse.
(iii) Building permits for a development must be issued prior to
expiration of concurrency for the development. No additional concurrency
determination shall apply to residential dwellings within a subdivision or short
subdivisions recorded in compliance with this section.
(iv) If concurrency expires prior to building permit issuance, the
director shall at the request of the developer consider evidence that conditions
have not significantly changed and make a new concurrency determination in
accordance with subsection (6)(a)(i) of this section.
(b) In determining whether or not to deem a proposed development as
concurrent, the department shall analyze likely road system impacts on arterial
units based on the size and location of the development. A development shall be
deemed concurrent for the period prior to the expiration date of concurrency for
the development.
(i) A development’s forecast trip generation at full occupancy
shall be the basis for determining the impacts of the development on the road
Code Amendments DMP Update Amendments Page 42 of 47
system. The city will accept valid data from a traffic study prepared under
MMC 22D.030.060.
(c) A concurrency determination made for a proposed development
under this section will evaluate the development’s impacts on any arterial units in
arrears.
(i) If a development which generates 10 or more p.m. peak-hour
trips, or a nonresidential development which generates five or more p.m. peak-
hour trips, is proposed to affect an arterial unit in arrears, then the development
may only be deemed concurrent based on a trip distribution analysis to determine
the impacts of the development. Impacts shall be determined based on each of the
following:
(A) If the trip distribution analysis indicates that the
development will not place three or more p.m. peak-hour trips on any arterial units
in arrears, then the development shall be deemed concurrent.
(B) If the trip distribution analysis indicates that the
development will place three or more p.m. peak-hour trips on any arterial unit in
arrears, then the development shall not be deemed concurrent except where the
development is deemed concurrent in accordance with the options under
subsection (6)(e) of this section.
(d) Any residential development that generates less than 10 p.m. peak-
hour trips, or any nonresidential development that generates less than 10 p.m.
peak-hour trips, shall be considered to have only minor impact on city arterials for
purposes of a concurrency determination on impacts to level of service on arterial
units and shall be deemed concurrent.
(e) Any development not deemed concurrent shall have options
available to enable the development to be deemed concurrent as follows:
(i) A development which meets the department’s criteria for
transit compatibility, in accordance with the director’s policy and procedure for
transit compatibility under MMC 22D.030.050(12), shall be deemed concurrent if
the impacted arterial unit in arrears meets the criteria for transit supportive design
in accordance with the director’s policy and procedure for transit compatibility, and
if the level of service on the impacted arterial unit in arrears meets the LOS
standards adopted within the comprehensive plan; and provided, that the
development can be deemed concurrent in accordance with all other provisions of
subsection (6)(c) of this section.
(ii) A development may modify its proposal to lessen its impacts
on the road system in such a way as to allow the city to deem the development
concurrent under this section.
(iii) The city may deem such development concurrent based upon
a written proposal signed by the proponent of the development and attached to
the director’s recommendation under MMC 22D.030.050(2), and referenced in the
concurrency determination, as a condition of approval.
(A) Such proposal may include conditions which would
defer construction of all or identified subsequent phases of a development until
such time as the city has made or programmed capacity improvements which
would remedy any arterial units in arrears.
(B) Such proposals may include conditions which would
defer construction of all or identified subsequent phases of a development until
such time as the developer constructs capacity improvements which would remedy
any arterial units in arrears.
1. If a developer chooses to mitigate the
development’s impact by constructing off-site road improvements, the developer
must investigate the impact, identify improvements, and offer a construction plan
Code Amendments DMP Update Amendments Page 43 of 47
to the director for construction of the off-site improvements. Construction of
improvements shall be in accordance with the engineering design and development
standards.
2. In cases where two or more developers have
agreed to fully fund a certain improvement, the proportionate sharing of the cost
shall be on any basis that the developers agree among themselves would be
equitable. Under such an arrangement, the terms of the agreement shall be binding
on each development as conditions of approval.
3. Any developer who volunteers to construct off-
site improvements of greater value than any proportionate share mitigating
payment imposed under this title to mitigate the development’s impact on the
future capacity of city roads may apply for a reimbursement contract.
4. Any developer who chooses to mitigate a
development’s impact by constructing off-site improvements may propose to the
council that a joint public/private partnership be established to jointly fund and/or
construct the proposed improvements. The director will determine whether or not
such a partnership is to be established.
5. Construction of capacity improvements under
this section must be complete or under contract prior to the issuance of any
building permits and must be complete prior to approval for occupancy or final
inspection; provided, that where no building permit will be associated with a
change in occupancy, then construction of improvements is required as a
precondition to approval.
(f) Adopted Level of Service. The level of service for principal, minor,
and collector arterials at signalized intersections shall be at a LOS consistent with
the transportation element of the comprehensive plan using the operational
method as a standard of review.
(7) Inadequate Road Condition Requirements.
(a) Regardless of the existing level of service, development which adds
three or more p.m. peak-hour trips to an inadequate road condition existing on the
road system, at the time of determination in accordance with subsection (1) of this
section, or development whose traffic will cause an inadequate road condition at
the time of full occupancy of the development will only be approved for occupancy
or final inspection when provisions are made in accordance with this chapter for
elimination of the inadequate road condition. The improvements removing the
inadequate road condition must be complete or under contract before a building
permit on the development will be issued and the road improvement must be
complete before any certificate of occupancy or final inspection will be issued;
provided, that where no building permit will be associated with a conditional use
permit, then the improvements removing the inadequate road condition must be
complete as a precondition to approval.
(b) The director shall determine whether or not a location constitutes an
inadequate road condition. Any known inadequate road condition to which the
development adds three or more p.m. peak-hour trips shall be identified as part of
the director’s recommendation under subsection (6) of this section.
(c) A development’s access onto a public road shall be designed so as
not to create an inadequate road condition. Developments shall be designed so
that inadequate road conditions are not created.
(d) Construction Option – Requirements.
(i) If a developer chooses to eliminate an inadequate road
condition by constructing off-site road improvements, the developer must
investigate the impact, identify improvements, and offer a construction plan to the
director for construction of the off-site improvements.
Code Amendments DMP Update Amendments Page 44 of 47
(ii) In cases where two or more developers have agreed to fully
fund a certain improvement, the proportionate sharing of the costs shall be on any
basis that the developers agree among themselves would be equitable. Under such
an arrangement, the terms of the agreement shall be binding on each development
as conditions of approval.
(iii) Any developer who volunteers to construct off-site
improvements of greater value than any proportionate share mitigating payment
imposed under this title to mitigate the development’s impact on the future
capacity of city roads, which are contained within the cost basis, contained within
the transportation element, or which are not part of the cost basis of any
proportionate share mitigating payment imposed under this title to mitigate the
development’s impact on the future capacity of city roads, and therefore not
credited against any proportionate share mitigating payment, may apply for a
reimbursement contract.
(8) Special Circumstances. Where the only remedy to an arterial unit in arrears
is the installation of a traffic signal, but signalization warrants contained in the
current edition of the Manual on Uniform Traffic Control Devices (MUTCD) are not
met at present, developments impacting the arterial unit will be allowed to proceed
without the installation of the traffic signal; provided, that all other warranted level
of service and transit-related improvements are made on the arterial unit within
the deficient level of service. Developments impacting such arterial units will not
be issued building permits or occupancies (whichever comes first) until the
improvements (not including the traffic signal) to the level of service deficient
arterial unit are under contract or being performed. Such developments will be
subject to all other obligations as specified in this title.
(9) Administration of Traffic Impact Fees.
(a) Any traffic impact fees made pursuant to this title shall be subject to
the following provisions:
(i) Except as otherwise provided in this section and MMC
Title 22, the traffic impact fee payment is required prior to building permit issuance
unless the development is a subdivision or short subdivision, in which case the
payment shall be made prior to the recording of the subdivision or short
subdivision; provided, that where no building permit will be associated with a
change in occupancy or conditional use permit then payment is required prior to
approval of occupancy.
(ii) The traffic impact fees shall be held in a reserve account and
shall be expended to fund improvements on the road system.
(iii) An appropriate and reasonable portion of traffic impact fees
collected may be used for administration of this title.
(iv) The fee payer may receive a refund of such fees if the city
fails to expend or encumber the impact fees within six years of when the fees were
paid, or other such period of time established pursuant to RCW 82.02.070(3), on
transportation facilities intended to benefit the development for which the traffic
impact fees were paid, unless the city council finds that there exists an
extraordinary and compelling reason for fees to be held longer than six years.
These findings shall be set forth in writing and approved by the city council. In
determining whether traffic impact fees have been encumbered, impact fees shall
be considered encumbered on a first-in/first-out basis. The city shall notify
potential claimants by first class mail deposited with the United States Postal
Service at the last known address of claimants.
(v) The request for a refund must be submitted by the applicant
to the city in writing within 90 days of the date the right to claim the refund arises,
or the date that notice is given, whichever is later. Any traffic impact fees that are
Code Amendments DMP Update Amendments Page 45 of 47
not expended within these time limitations, and for which no application for a
refund has been made within this 90-day period, shall be retained and expended
on projects identified in the adopted transportation element. Refunds of traffic
impact fees under this subsection shall include interest earned on the impact fees.
(b) Off-site improvements include construction of improvements to
mitigate an arterial unit in arrears and/or specific inadequate road condition
locations. If a developer chooses to construct improvements to mitigate an arterial
unit in arrears or inadequate road condition problem, and the improvements
constructed are part of the cost basis of any traffic impact fees imposed under this
title to mitigate the development’s impact on the future capacity of city roads, the
cost of these improvements will be credited against the traffic impact fee amount;
provided, that the amount of the cost to be credited shall be the estimate of the
public works director as to what the city’s cost would be to construct the
improvement. Any developer who volunteers to pay for and/or construct off-site
improvements of greater value than any traffic impact fees imposed under this
title, to mitigate the development’s impact on the future capacity of city roads,
based on the cost basis contained within the transportation element, or which are
not part of the cost basis of any traffic impact fees imposed under this title to
mitigate the development’s impact on the future capacity of city roads, and
therefore not credited against the traffic impact fees, may apply for a
reimbursement contract.
(c) Deferral of Impact Fees Allowed.
(i) Required payment of impact fees may be deferred to final
inspection for single-family detached or attached residential dwelling.
(ii) Payment of required impact fees for a commercial building,
or industrial building, may be deferred from the time of building permit issuance in
accordance with following:
(A) Fifty percent of the impact fees shall be paid prior to
approved occupancy of the structure; and
(B) The remaining 50 percent of the impact fees shall be
paid within 18 months from the date of building occupancy, or when ownership of
the property is transferred, whichever is earlier.
(iii) The community development department shall allow an
applicant to defer payment of the impact fees when, prior to submission of a
building permit application for deferment under subsection (9)(c)(i) of this section
or prior to final inspection for deferment under subsection (9)(c)(ii) of this section,
the applicant:
(A) Submits a signed and notarized deferred impact fee
application and acknowledgement form for the development for which the property
owner wishes to defer payment of the impact fees; and
(B) With regard to deferred payment under subsection
(9)(c)(ii) of this section, records a lien for impact fees against the property in favor
of the city in the total amount of all deferred impact fees for the development. The
lien for impact fees shall:
1. Be in a form approved by the city attorney;
2. Include the legal description, tax account
number and address of the property;
3. Be signed by all owners of the property, with
all signatures as required for a deed, and recorded in the county in which the
property is located;
4. Be binding on all successors in title after the
recordation; and
Code Amendments DMP Update Amendments Page 46 of 47
5. Be junior and subordinate to one mortgage for
the purpose of construction upon the same real property granted by the person
who applied for the deferral of impact fees.
(iv) In the event that the impact fees are not paid in accordance
with subsection (9)(c)(ii) of this section, the city shall institute foreclosure
proceedings under the process set forth in Chapter 61.12 RCW, except as revised
herein. In addition to any unpaid impact fees, the city shall be entitled to interest
on the unpaid impact fees at the rate provided for in RCW 19.52.020 and the
reasonable attorney fees and costs incurred by the city in the foreclosure process.
Notwithstanding the foregoing, prior to commencement of foreclosure, the city
shall give not less than 30 days’ written notice to the person or entity whose name
appears on the assessment rolls of the county assessor as owner of the property
via certified mail with return receipt requested and regular mail advising of its
intent to commence foreclosure proceedings. If the impact fees are paid in full to
the city within the 30-day notice period, no attorney fees, costs and interest will
be owed.
(v) In the event that the deferred impact fees are not paid in
accordance with this section, and in addition to foreclosure proceedings provided
in subsection (9)(c)(iv) of this section, the city may initiate any other action(s)
legally available to collect such impact fees.
(vi) Upon receipt of final payment of all deferred impact fees for
the development, the department shall execute a separate lien release for the
property in a form approved by the city attorney. The property owner, at their
expense, will be responsible for recording each lien release.
(vii) Compliance with the requirements of the deferral option shall
constitute compliance with the conditions pertaining to the timing of payment of
the impact fees.
Section 25. Amendment of Municipal Code. MMC Section 22A.010.160, entitled
“Amendments,” is hereby amended as follows by adding reference to this adopted ordinance
in order to track amendments to the City’s Unified Development Code (all unchanged
provisions of MMC 22A.010.160 remain unchanged and in effect):
“22A.010.160 Amendments.
The following amendments have been made to the UDC subsequent to its adoption:
Ordinance Title (description) Effective Date
3193 Downtown Master Plan Update Amendments October 5, 2021”
Section 26. 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 27. Corrections. 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