HomeMy WebLinkAboutO-3205 - Amending Title 22 of MMC and Adding New Chapter 22C.290 Emergency Housing and SheltersCITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
AMENDING TITLE 22 OF THE MARYSVILLE MUNICIPAL CODE BY
AMENDING SECTIONS 22A.020.060, 22A.020.170, 22A.020.210,
22C.010.060, 22C.010.070, 22C.020.060, 22C.020.070, 22C.080.120,
22C.130.030 AND ADDING NEW CHAPTER 22C.290 EMERGENCY
HOUSING AND SHELTERS.
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, on July 25, 2021, the State passed Housing Bill (HB) 1220 to support
emergency shelters and housing through local planning and development regulations; and
WHEREAS, according to HB 1220, Cities may not prohibit transitional housing or
permanent supportive housing In any zones in which residential dwelling units or hotels are
permitted, effective September 30, 2021; and
WHEREAS, according to HB 1220, Cities may not prohibit emergency housing or
indoor emergency shelters in any zones in which hotels are permitted, effective September
30, 2021; and
WHEREAS, according to HB 1220, reasonable occupancy, spacing, and intensity of
use requirements may be imposed by ordinance on permanent supportive housing,
transitional housing, emergency housing and indoor emergency shelters to protect public
health and safety; and
WHEREAS, staff has crafted new regulations for transitional housing, permanent
supportive housing, emergency housing and indoor emergency housing to comply with HB
1220 while including reasonable measures to reduce impacts to the community, which new
regulations specifically comprise of a new MMC Chapter 22C.290 along with amendments to
MMC Sections 22A.020.060, 22A.020.170, 22A.020.210, 22C.010.060, 22C.010.070,
22C.020.060, 22C.020.070, 22C.080.120, 22C.130.030 (collectively the "Proposed
Amendments"); and
WHEREAS, the Proposed Amendments are consistent with the following required
findings of MMC 22G.010.520:
(1) The amendments are consistent with the purposes of the comprehensive
plan;
(2) The amendments are 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, during public meetings held on September 28, October 26, November 9
and November 23, 2021, the Planning Commission discussed proposed amendments related
to emergency housing and shelters; and
WHEREAS, on December 14, 2021, the Marysville Planning Commission held a duly-
advertised public hearing, and recommended that the City Council adopt the Proposed
Amendments; and
WHEREAS, at a public meeting on January 10, 2022, the Marysville City Council
reviewed and considered the Marysville Planning Commission's Recommendation and the
Proposed Amendments; and
WHEREAS, the City of Marysville has submitted the Proposed Amendments to the
Washington State Department of Commerce on November 16, 2021 seeking expedited review
under RCW 36.70A.106(3)(b) and in compliance with the procedural requirements of RCW
36.70A.106; and
WHEREAS, a notice of application was given on November 15, 2021 by the City of
Marysville requesting State Environmental Policy Act review and approval for the Proposed
Amendments pursuant to the optional DNS process outlined In WAC 197-11-355.
WHEREAS, a SEPA Determination of Non-Significance was issued on December 15,
2021 pursuant to the optional DNS process outlined in WAC 197-11-355.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE DO
ORDAIN AS FOLLOWS:
Section 1. Amendment of Municipal Code. MMC Section 22A.020.060, entitled
"E" Definitions, is hereby amended to add the following definitions, as follows:
22A.020.060 ''E" Definitions.
"Emergencv housing" means temporary Indoor accommodations for individuals or families
who are homeless, or at imminent risk of becomino homeless, that is intended to address
their basic health, food, clothing, and personal hygiene needs. Emergency housing may or
may not require occupants to enter into a lease or an occupancy agreement.
"Emeroencv shelter findoorV means a facility that provides a temporary shelter for
Individuals or families who are currently homeless. An emergency shelter may not require
occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities
may include day and warming centers that do not provide overnight accommodations.
Section 2. Amendment of Municipal Code. MMC Section 22A.020.170, entitled
"P" Definitions, is hereby amended to add the foliowing definitions, as follows:
22A.020.170 "P" Definitions.
"Permanent supportive housinc" is one or more subsidized, leased dwelling units with no
limit on length of stay that prioritizes people who need comprehensive support services to
retain tenancy and utilizes admissions oractices designed to use lower barriers to entry than
would be typical for other subsidized or unsubsidized rental housing, especially related to
rental history, criminal history, and personal behaviors. Permanent suoportive housing Is
paired with on-site or off-site voluntary services designed to support a person living with a
complex and disabling behavioral health or physical health condition, who was experiencing
homelessness or was at imminent risk of homelessness prior to moving into housing, to
retain their housing and be a successful tenant in a housing arrangement, improve the
resident's health status, and connect the resident of the housing with community-based
health care, treatment, or employment services. Permanent supportive housing is subject to
all of the rights and responsibilities defined in the Residential Landlord Tenant Act, chapter
59.18 RCW. -
Section 3. Amendment of Municipal Code.
Permitted uses, is hereby amended, as follows:
MMC Section 22C.010.060, entitled
22C.010.060 Permitted uses.
Soecific Land Use
R-
4.5
R-
6.5 R-8
WR
R-4-
8
R-
12
R-
18
R-
28
WR
R-6-
18
R-
MHP
Residential Land Uses
Dwelling Units, Types:
Single detached (14)Pll Pll Pll Pll Pll Pll Pll Pll P43
Model home P30 P30 P30 P30 P30 P30 P30 P30 P30
Cottage housing (14)C6 C6 C6 C6 C6 C6 C6 C6
Duplex (14)C8 P8 P8 P8 P P P P
Townhouse P3 P3 P3 P3 P P P P
Multiple-family P P P P
Mobile home P12 P12 P12 P12 P12 P12 P12 P12 P12
Mobile/manufactured home park P3 P3 P3 C P P P45
specific Land Use
R-
4.5
R-
6.5 R-8
WR
R-4-
8
R-
12
R-
18
R-
28
WR
R-6-
18
R-
MHP
Senior citizen assisted C2 C2 C2 C2 C2 C2 C2 C2 C2
Factory-built P7 P7 P7 P7 P7 P7 P7 P7 P7,
43
Recreational vehicle (44)P P P P P P P P P
Tiny house or tiny house with wheels (51)P P P P P P P P P
Group Residences:
Adult family home P P P P P P P P P
Convalescent, nursing, retirement C2 C2 C2 C2 C2 C2 C2 C2
Residential care facility P P P P P P P P
Master planned senior community (15)C C C C C C C C C
Transitional Housina Facilities f53')££P ££P P ££
Permanent Suooortive Housina f53)£P P £P P P ££
Emeroency Housina f54^
Emeraencv Shelters - Indoor f541
Accessory Uses:
Residential accessory uses (1), (9), (10),
(14), (49), (50)
P P P P P P P P P
Home occupation (5)P P P P P13 P13 P13 P13 P
Temporary Lodging:
Hotel/motel £P P P
Bed and breakfast guesthouse (4)C C C P P P P
Bed and breakfast inn (4)P P P P
Enhanced services facility (52)
Recreation/Cultural Land Uses
Park/Recreation:
Park P16 P16 P16 P16 P16 P16 P16 P16 P16
Community center C C C C C C C C C
Amusement/Entertainment:
Sports club C C C C
Golf facility (17)C C C C P P P P
Cultural:
Library, museum and art gallery C c c C C C C C C
specific Land Use
R-
4.5
R-
6.5 R-8
WR
R-4-
8
R-
12
R-
18
R-
28
WR
R-6-
18
R-
MHP
Church, synagogue and temple C C C C P P P P C
General Services Land Uses
Personal Services:
Funeral home/crematory CIS CIS C18 C18 C18 C18 C18 C18 C18
Cemetery, columbarium or mausoleum P24
C19
P24
C19
P24
C19
P24
C19
P24
C19
P24
C19
P24
C19
P24
C19
P24
C19
Day care I P20 P20 P20 P20 P20 P2Q P20 P20 P20
Day care II C25 C25 C25 C25 C C C C C25
Stable C C C C
Kennel or cattery, hobby c C C C C C C C
Electric vehicle (EV) charging station (38),
(39)
P P P p P P P P
EV rapid charging station (40), (41), (42)P P P P
Health Services:
Medical/dental clinic c C c C
Supervised drug consumption facility
Education Services:
Elementary, middle/junior high, and senior
high (including public, private and parochial)
c C c c c C c c C
Commercial school C21 C21 C21 C21 C21 C21 C21 C21
School district support facility C23 C23 C23 C23 C23 C23 C23 C23
Interim recycling facility P22 P22 P22 P22 P22 P22 P22 P22
Vocational school
Government/Business Service Land Uses
Government Services:
Public safety facilities, including police and
fire
C26 C26 C26 C26 C26 C26 C26 C26 C26
Utility facility P P P P P P P P P
Private storm water management facility P P P P P P P P P
Public storm water management facility P P P P P P P P P
Business Services:
Self-service storage (31)C27 C27 C27 C27
Professional office C C C C
Specific Land Use
R-
4.5
R-
6.5 R-8
WR
R-4-
8
R-
12
R-
18
R-
28
WR
R-6-
18
R-
MHP
Automotive parking P29 P29 P29 P29 P29 P29 P29 P29
Model house sales office P47 P47 P47 P47
Wireless communication facility (28)P
C
P
C
P
C
P
C
P
C
P
C
P
C
P
C
P
C
State-Licensed Marijuana Facilities:
Marijuana cooperative (48)
Marijuana processing facility - Indoor only
(48)
Marijuana production facility - Indoor only
(48)
Marijuana retail facility (48)
Retail/Wholesale Land Uses
Forest products sales P32 P32 P32 P32
Agricultural crop sales P32 P32 P32 P32
Resource Land Uses
Agriculture:
Growing and harvesting crops P34 P34 P34 P34
Raising livestock and small animals P35 P35 P35 P35
Forestry:
Growing and harvesting forest products P34 P34 P34 P34
Fish and Wildlife Management:
Hatchery/fish preserve (33)C C C C
Aquaculture (33)C C C C
Regional Land Uses
Regional storm water management facility C C c c C C C C c
Nonhydroelectric generation facility c c c c c c c c c
Transit park and pool lot p p p P p p p p
Transit park and ride lot c c c c c c c c
School bus base C36 C36 C36 C36 C36 C36 C36 C36
Racetrack C37 C37 C37 C37 C37 C37 C37 C37
College/university C C C C C C C C
Section 4. Amendment of Municipal Code. MMC Section 22C.010.070, entitled
Permitted uses, is hereby amended, as follows:
22C.010.070 Permitted uses - Development conditions.
(1) Accessory dwelling units must comply with development standards in
Chapter 22C.180 MMC. Accessory dwelling units in the MHP zone are only allowed on single
lots of record containing one single-family detached dwelling.
(2) Limited to three residents per the equivalent of each minimum lot size or dwelling units
per acre allowed in the zone in which it is located.
(3) Only as part of a planned residential development (PRO) proposal, and subject to the
same density as the underlying zone.
(4) Bed and breakfast guesthouses and inns are subject to the requirements and standards
contained in Chapter 22C.210 MMC.
(5) Home occupations are subject to the requirements and standards contained In
Chapter 22C.190 MMC.
(6) Subject to cottage housing provisions set forth in MMC 22C.010.280.
(7) Factory-built dwelling units shall comply with the following standards:
(a) A factory-built house must be inspected at least two times at the factory by the
State Building Inspector during the construction process, and must receive an approval
certifying that it meets all requirements of the International Building Code. At the
building site, the city building official will conduct foundation, plumbing and final
inspections.
(b) A factory-built house cannot be attached to a metal frame allowing it to be mobile.
All such structures must be placed on a permanent foundation at the building site.
(8) Permitted outright in the R-6.5, R-8, and WR-R-4-8 zones on minimum 7,200-square-
foot lots. A conditional use permit is required for the R-4.5 zone, and the minimum lot size
must be 12,500 square feet. Duplexes must comply with the comprehensive plan density
requirements for the underlying land use designation.
(9) A garage sale shall comply with the following standards:
(a) No residential premises shaii have more than two such sales per year and no such
sale shall continue for more than six days within a 15-day period.
(b) Signs advertising such sales shall not be attached to any public structures, signs or
traffic control devices, nor to any utility poles. All such signs shall be removed 24
hours after the sale is completed.
A garage sale complying with the above conditions shall be considered as being an allowable
accessory use to all residential land uses. A garage sale violating one or more of the above
conditions shall be considered as being a commercial use and will be disallowed unless it
complies with all requirements affecting commercial uses.
(10) Residential accessory structures must comply with development standards In
Chapter 22C.180 MMC.
(11) Manufactured homes must:
(a) Be set on a permanent foundation, as specified by the manufacturer, enclosed with
an approved concrete product from the bottom of the home to the ground which may
be either load-bearing or decorative;
(b) Meet all design standards applicable to ail other single-family homes In the
neighborhood in which the manufactured home is to be located;
(c) Be no more than five years old, as evidenced by the date of manufacture recorded
on the HUD data plate. An administrative variance to the requirement that a
manufactured home be no more than five years old may be granted by the community
development director only if the applicant demonstrates all of the following:
(i) The strict enforcement of the provisions of this title creates an unnecessary
hardship to the property owner;
(ii) The proposed manufactured home is well maintained and does not present
any health or safety hazards;
(ill) The variance is necessary or warranted because of the unique size, shape,
topography, location, critical areas encumbrance, or other feature of the subject
property;
(iv) The proposed manufactured home will be compatible with the neighborhood
or area where It will be located;
(v) The subject property is otherwise deprived, by provisions of this title, of rights
and privileges enjoyed by other properties In the vicinity and within an identical
zone;
(vi) The need for the variance is not the result of deliberate actions of the
applicant or property owner; and
(vil) The variance is the minimum necessary to grant relief to the applicant.
(12) Mobile homes are only allowed as a primary residence in existing mobile/manufactured
home parks established prior to June 12, 2008, subject to the requirements of
Chapter 22C.230 MMC, Mobile/Manufactured Home Parks.
(13) Home occupations are limited to home office uses in multifamliy dwellings. No signage
is permitted in townhouse or multifamliy dwellings.
(14) No more than one single-family detached or duplex dwelling is allowed per lot except in
cottage housing developments that are developed with all cottages located on a common
lot, and accessory dwelling units through the provisions of Chapter 22C.180 MMC.
(15) Subject to Chapter 22C.22Q MMC, Master Planned Senior Communities.
(16) The following conditions and limitations shall apply, where appropriate:
(a) Parks are permitted in residential and mixed use zones when reviewed as part of a
subdivision, mobile/manufactured home park, or multiple-famiiy development
proposal; otherwise, a conditional use permit is required;
(b) Lighting for structures and fields shall be directed away from residential areas; and
(c) Structures or service yards shall maintain a minimum distance of 50 feet from
property lines adjoining residential zones.
(17) Golf facilities shall comply with the following:
(a) Structures, driving ranges and lighted areas shall maintain a minimum distance of
50 feet from property lines adjoining residential zones.
(b) Restaurants are permitted as an accessory use to a golf course.
(18) Only as an accessory to a cemetery.
(19) Structures shall maintain a minimum distance of 100 feet from property lines adjoining
residential zones.
(20) Only as an accessory to residential use and subject to the criteria set forth in
Chapter 22C.200 MMC.
(21) Only as an accessory to residential use, provided:
(a) Students are limited to 12 per one-hour session;
(b) All Instruction must be within an enclosed structure; and
(c) Structures used for the school shall maintain a distance of 25 feet from property
lines adjoining residential zones.
(22) Limited to drop box facilities accessory to a public or community use such as a school,
fire station or community center.
(23) Only when adjacent to an existing or proposed school.
(24) Limited to columbariums accessory to a church; provided, that existing required
landscaping and parking are not reduced.
(25) Day care IIs must be located on sites larger than one-half acre and are subject to
minimum standards identified in Chapter 22C.200 MMC for day care I facilities. Parking
facilities and loading areas shall be located to the rear of buildings or be constructed In a
manner consistent with the surrounding residential character. Evaluation of site suitability
shall be reviewed through the conditional use permit process.
(26) Public safety facilities, including police and fire, shall comply with the following:
(a) All buildings and structures shall maintain a minimum distance of 20 feet from
property lines adjoining residential zones;
(b) Any buildings from which fire-fighting equipment emerges onto a street shall
maintain a distance of 35 feet from such street.
(27) Accessory to an apartment development of at least 12 units, provided:
(a) The gross floor area in self-service storage shall not exceed 50 percent of the total
gross floor area of the apartment dwellings on the site;
(b) All outdoor lights shall be deflected, shaded and focused away from all adjoining
property;
(c) The use of the facility shall be limited to dead storage of household goods;
(d) No servicing or repair of motor vehicles, boats, trailers, lawn mowers or similar
equipment;
(e) No outdoor storage or storage of flammable liquids, highly combustible or
explosive materials or hazardous chemicals;
(f) No residential occupancy of the storage units;
(g) No business activity other than the rental of storage units to the apartment
dwellings on the site; and
(h) A resident manager shall be required on the site and shall be responsible for
maintaining the operation of the facility In conformance with the conditions of
approval.
(28) All WCFs and modifications to WCFs are subject to Chapter 22C.250 MMC including, but
not limited to, the siting hierarchy, MMC 22C.250.060. WCFs may be a permitted use or a
conditional use subject to MMC 22C.250.040.
(29) Limited to commuter parking facilities for users of transit, carpools or ride-share
programs, provided:
(a) They are located on existing parking lots for churches, schools, or other permitted
nonresidential uses which have excess capacity available during commuting hours;
and
(b) The site is adjacent to a designated arterial that has been improved to a standard
acceptable to the department.
(30) Model Homes.
(a) The community development director may approve construction of model homes
subject to the following conditions:
(i) No model home shall be constructed without the issuance of a building permit;
(II) In no event shall the total number of model homes in a preliminary
subdivision be greater than nine;
(iii) A hard-surfaced roadway to and abutting all model homes shall be
constructed to standards determined by the city engineer or designee;
(iv) Operational fire hydrant(s) must be available in accordance with the
International Fire Code;
(v) Submlttal of a site plan, stamped by a registered civil engineer or licensed
surveyor, delineating the location of each structure relative to existing and
proposed utilities, lot lines, easements, roadways, topography and critical areas;
(vl) Submittal of building permit applications for each of the proposed structures;
(vil) Approval of water, sewer and storm sewer extension plans to serve the
proposed structures; and
(viii) Execution of an agreement with the city saving and holding it harmless from
any damages, direct or indirect, as a result of the approval of the construction of
model homes on the site.
(b) Prior to occupancy of any model home, the final plat of the subject subdivision
shall be approved and recorded.
(31) Any outdoor storage areas are subject to the screening requirements of the landscape
code.
(32) Subject to approval of a small farms overlay zone.
(33) May be further subject to the provisions of the Marysville shoreline master program.
(34) Only allowed in conjunction with the smaii farms overlay zone.
(35) Provided, that the property has received approval of a small farms overlay designation,
or is larger than one acre in size.
(36) Only in conjunction with an existing or proposed school.
(37) Except racing of motorized vehicles.
(38) Level 1 and Level 2 charging only.
(39) Allowed only as an accessory use to a principal outright permitted use or permitted
conditional use.
(40) The term "rapid" Is used interchangeably with "Level 3" and "fast charging."
(41) Only "electric vehicle charging stations - restricted" as defined In
Chapter 22A.020 MMC.
(42) Rapid (Level 3) charging stations are required to be placed within a parking garage.
(43) One single-family detached dwelling per existing single lot of record. Manufactured
homes on single lots must meet the criteria outlined in subsection (11) of this section.
(44) Recreational vehicles (RVs) are allowed as a primary residence in an established
mobile/manufactured home park (MHP) subject to the requirements of
Chapter 22C.230 MMC, Mobile/Manufactured Home Parks.
(45) MHPs shall fulfill the requirements of Chapter 22C.230 MMC, Mobile/Manufactured
Home Parks.
(46) Reserved.
(47) Model house sales offices are subject to the requirements of MMC 22C.llQ.030fl2j.
(48) No person or entity may produce, grow, manufacture, process, accept donations for,
give away, or sell marijuana concentrates, marijuana-infused products, or usable marijuana
within residential zones in the city. Provided, activities in strict compliance with
RCW 69.51A.210 and 69.51A.260 are not a violation of the Marysville Municipal Code.
(49) Shipping/cargo and similar storage containers are prohibited on lots within a platted
subdivision and properties under one acre in size. Shipping/cargo and similar storage
containers may be located on properties over one acre in size if located behind the primary
residence, observe all setbacks applicable to an accessory structure, and are screened from
public view.
(50) Accessory structures may not be utilized as, or converted to, a dwelling unless the
structure compiles with the accessory dwelling unit standards outlined in MMC 22C.180.030.
(51) Tiny houses or tiny houses with wheels are allowed as a primary residence in an
established mobile/manufactured home park (MHP) subject to the requirements of
Chapter 22C.230 MMC, Mobile/Manufactured Home Parks.
(52) Enhanced services facilities are prohibited in all residential zones as such are identified
and adopted in this chapter.
(531 An operations plan, to mitigate potential impacts on the surrounding community,
must be provided bv the sponsor and/or property owner at the time of aPDlication. The
operations plan must address the followinQ elements to the satisfaction of the Citv:
a) Name and contact information for kev staff:
b) Roles and responsibilities of kev staff:
c) SIte/faciiitv management, includino a security and emeroencv plan:
d) SIte/faciiitv maintenance:
e) Occupancy policies, including resident responsibilities and a code of conduct that
address, at a minimum, the use or sale of alcohol and iHeoai druos. threatening or
unsafe behavior, and weapon possession:
f) Provision of human and social services, inciudina staffing plan and outcome
measures:
g) Outreach with surrounding property owners and residents and ongoing oood
neighbor ooiicv:
h) Procedures for maintaining accurate and complete records: and
Additional information as reouested bv the Community Development Director toi)
ensure current best practices for permanent supportive housing and transitional
housing facilities are used.
(541 Emergency housing and emergency shelters - indoor, are prohibited in ail residential
zones as such are identified and adopted in this chapter-
Section 5. Amendment of Municipal Code. MMC Section 22C.020.060, entitled
Permitted uses, is hereby amended, as follows:
MMC 22C.020.060 Permitted uses.
Specific Land Use NB CB
CB-
WR GC
MU
(63)LI GI REC P/I
Residential Land Uses
Dwelling Units, Types:
Townhouse P
Multiple-family C4 P4,
C5
P4,
C5 P
Mobile home 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
Group Residences:
Adult family home (70)P P P P P P
Convalescent, nursing, retirement C P P P
Residential care facility P P P P70 P70 P70 P
Master planned senior community
(10)C C
Enhanced services facility (77)P P P
specific Land Use NB CB
CB-
WR GC
MU
(63)LI GI REG P/I
Transitional Housina Facilities ^79^P P P P P E
Permanent SuDDortive Housina (79)£E E P E P
Emeraencv Housina ^80)P
C
P
C
P
C
P
c
P
C
P
C
Emeraencv Shelters - Indoor fSO'i P
c
P
c
P
C
£
C
E
C
E
C
Accessory Uses:
Home occupation (2)PS P8,
P9
PB,
P9
PS,
P9
PS,
P9 P9 P9
Temporary Lodging:
Hotel/motel 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 Pll P P P P P P Pll P
Marina P C P
Dock and boathouse, private,
noncommercial
P P16 P
Recreational vehicle park C12 C12 C P
Boat launch, commercial or public P P
Boat launch, noncommercial or
private P P17 P
Community center p P P P P P P P P
Amusement/Entertainment:
Theater P P P P
Theater, drive-in C
Amusement and recreation services PIS PIS PIS P19 P C
Sports club 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:
Specific Land Use NB CB
CB-
WR GC
MU
(63)LI GI REC P/I
Library, museum and art gallery P P P P P P P C P
Church, synagogue and temple P P P P P P P P
Dancing, music and art center P P P P c P
General Services Land Uses
Personal Services:
General personal service P P P P P P P
Dry cleaning plant P P P P
Dry cleaning pick-up station and
retail service P P P P P25 P76 P
Funeral home/crematory 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
P21,
70
P70 P70 P70
Day care II P P P P P P21
Veterinary clinic 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
EV rapid charging station (65), (66)P P P P P67 P P
EV battery exchange station P P P
Miscellaneous repair P P P P P
Social services P P P P P
Kennel, commercial and
exhibitor/breeding (71)P P P P P
Pet daycare (71), (72)P P P P P76 P
Civic, social and fraternal association P P P C P P
Club (community, country, yacht,
etc.)
P P
Health Services:
Medical/dental clinic P P P P P P
Hospital P P P c C
Miscellaneous health P68 P68 P68 P68 P68 P68
Supervised drug consumption facility
Specific Land Use NB CB
CB-
WR GC
MU
(63)LI GI REC P/I
Education Services:
Elementary, middle/junior high, and
senior high (including public, private
and parochial)
C C C C P C C
Commercial school P P P P27 c
School district support facility C P P P P P P p
Vocational school P P P P27 p
Government/Business Service Land Uses
Government Services:
Public agency office P P P P P P P p
Public utility yard P P p
Public safety facilities, including
police and fire P29 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
Public storm water management
facility P P P P P P P p
Business Services:
Contractors' office and storage yard 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 P30 P P
Commercial vehicle storage P P
Professional office 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
specific Land Use NB CB
CB-
WR GC
MU
(63)LI G1 REC P/I
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 P P
Adult facility P33
Factory-built commercial building
(35)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
State-Licensed Marijuana Facilities:
Marijuana cooperative (69)
Marijuana processing facility -
Indoor only (69)
Marijuana production facility -
Indoor only (69)
Marijuana retail facility (69)
Retail/Wholesale Land Uses
Building, hardware and garden
materials
P47 P P P P47 P76 P
Forest products sales P P P P
Department and variety stores P P P P P P76
Food stores 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 P P
Gasoline service stations P P p P P76 P
Eating and drinking places P41 P p P P46 P46 P
Drugstores P P p P P P76 P
Liquor stores P p P
Used goods: antiques/secondhand
shops P p P P
Sporting goods and related stores P p P P
specific Land Use NB CB
CB-
WR GC
MU
(63)LI G1 REC P/I
Book, stationery, video and art
supply stores P P P P P
Jewelry stores P P P P
Hobby, toy, game shops P P P P P
Photographic and electronic shops P P P P P
Fabric and craft shops P P P P P
Fuel dealers P43 P43 P43
Florist shops P P P P P
Pet shops P P P P P
Tire stores 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 P48 P44,
76 P44
Automobile wrecking yards C P
Manufacturing Land Uses
Food and kindred products P50,
52
P50,
52 P50 P50 P
Winery/brewery P53 P53 P 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
Specific Land Use NB CB
CB-
WR GC
MU
(63)LI GI REC P/I
Primary metal industries C P
Fabricated metai 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
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
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
Specific Land Use NB CB
CB-
WR GC
MU
(63)LI GI REC P/I
Regionai Land Uses
Jail C C C C
Regional storm water management
facility c c c c C P
Public agency animal control facility c P P C
Public agency training facility C56 C56 C56 C56 C57 057
Nonhydroelectric generation facility C C C C C c 0
Energy resource recovery facility C
Soil recycling/incineration facility c c
Solid waste recycling c 0
Transfer station c c 0
Wastewater treatment facility c c 0
Transit bus base C p 0
Transit park and pool lot P P P P P P P P
Transit park and ride lot P P P P P p p 0
School bus base c c C c p 058
Racetrack C59 C59 C59 c p
Fairground p p 0
Zoo/wildlife exhibit C C c 0
Stadium/arena c c p 0
College/university C P P P P p p 0
Secure community transition facility 060
Opiate substitution treatment
program facilities
P61,
62
P61,
62
P61,
62 P62 P62
Section 6. Amendment of Municipal Code.
Permitted uses, is hereby amended, as follows:
MMC Section 22C.020.070, entitled
MMC 22C.020.070 Permitted uses.
(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-slte 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) 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 multlfamlly dwellings. No signage Is
permitted In townhouse or multlfamlly 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
(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, commerciai/industrial."
(22) Only as an accessory to a gasoline service station; see retail and wholesale permitted
use table in MMC 22C.020.060.
(23) Ail 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 iane 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) Ail 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.25Q.060. WCFs may be a permitted use or a
CUP may be required subject to MMC 22C.250.040.
(33) Subject to the conditions and requirements listed in Chapter 22C.030 MMC.
(34) Reserved.
(35) A factory-built commercial building may be used for commercial purposes subject to
the following requirements:
(a) A factory-built commercial building must be Inspected at least two times at the
factory by the State Building and Electrical Inspector during the construction process,
and must receive a state approval stamp certifying that it meets all requirements of
the International Building and Electrical Codes. At the building site, the city building
official will conduct foundation, plumbing and final inspections; and
(b) A factory-built commercial building cannot be attached to a metal frame allowing It
to be mobile. All structures must be placed on a permanent, poured-in-place
foundation. The foundation shall be structurally engineered to meet the requirements
set forth In Chapter 16 of the International Building Code.
(36) Mini-storage facilities are subject to the development standards outlined In
Chapter 22C. 170 MMC.
(37) Except heavy equipment.
(38) With outdoor storage and heavy equipment.
(39) Incidental assembly shall be permitted; provided, It is limited to less than 20 percent of
the square footage of the site excluding parking.
(40) Light Industrial uses may be permitted; provided, there is no outdoor storage of
materials, products or vehicles.
(41) Excluding drinking places such as taverns and bars and adult entertainment facilities.
(42) Excluding vehicle and livestock auctions.
(43) If the total storage capacity exceeds 6,000 gallons, a conditional use permit Is
required.
(44) The retail sale of products manufactured on site shall be permitted; provided, that not
more than 20 percent of the constructed floor area in any such development may be
devoted to such retail use.
(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) 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 Marysvtlle 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.Q70 MMC, Siting Process for Essential Public Facilities.
(62) Opiate substitution treatment program facilities, as defined In MMC 22A.020.160, are
subject to the standards set forth below:
(a) Shall not be established within 300 feet of an existing school, public playground,
public park, residential housing area, child care facility, or actual place of regular
worship established prior to the proposed treatment facility.
(b) Hours of operation shall be restricted to no earlier than 6:00 a.m. and no later
than 7:00 p.m. dally.
(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 (ESFs) are permitted when the building is located within
the area depicted in MMC 22C.280.050. Figure 1. In the GC and CB zones, ESFs shall be
located in a building in which the ESF is located above a permitted ground floor commercial
use. See Chapter 22C.280 MMC for enhanced services facility regulations.
(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. (Ord. 3196 § 3 (Exh. A), 2021; Ord. 3193 § 15,
2021; Ord. 3180 § 2 (Exh. A), 2021; Ord. 3168 § 2 (Exh. A), 2020**; Ord. 3164 § 7,
2020; Ord. 3159 § 4, 2020; Ord. 3137 § 3 (Exh. B), 2019; Ord. 3086 § 2, 2018; Ord.
3054 § 13, 2017; Ord. 3022 § 10, 2016; Ord. 2985 § 6, 2015; Ord. 2981 § 2, 2015;
Ord. 2979 § 4, 2014; Ord. 2959 § 8, 2014; Ord. 2932 § 4, 2013; Ord. 2898 § 10,
2012; Ord. 2852 § 10 (Exh. A), 2011).
(79^ An operations plan, to mitigate potential impacts on the surrounding community,
must be provided bv the sponsor and/or property owner at the time of application. The
operations plan must that address the following elements to the satisfaction of the Citv:
(a) Name and contact information for kev staff:
(b) Roles and responsibilities of kev staff:
(c) Site/facilltv manaaement. including a security and emeroencv plan;
(d) Site/facilitv maintenance:
(e) Occupancy policies, including resident responsibilities and a code of
conduct that address, at a minimum, the use or sale of alcohol and illegal
drugs, threatenino or unsafe behavior, and weapon possession:
(f) Provision of human and social services, including staffing plan and
outcome measures:
(g) Outreach with surrounding property owners and residents and ongoing
good neighbor policy.
(h) Procedures for maintaining accurate and complete records: and
(I) Additional Information as requested bv the Community Development
Director to ensure current best practices for permanent supportive
housing and transitional housing facilities are used.
rSQ') All facilities are subject to the regulations set forth in Chapter 22C.290 MMC.
Emergency Housing and Shelters. Facilities with 30 or more residents reouire a Conditional
Use Permit.
Section 7. Amendment of Municipal Code. MMC Section 22C.080.120, entitled Uses
permitted in downtown Marysviiie zones, is hereby amended, as follows:
MMC 22C.080.120 Uses permitted in downtown Marysviiie zones.
(1) Interpretation of Permitted Use Table. The permitted use table in this section determines
whether a use is allowed in a zone. The name of the zone is located on the vertical column
and the use is located on the horizontal row of these tables.
(a) Permitted Use (P). If the letter "P" appears in the box at the intersection of the
column and the row, the use is permitted in the zone. These uses are allowed if they
comply with the development standards and other standards of this chapter.
(b) Conditional Use (C). If the letter "C" appears in the box at the intersection of the
column and the row, the use is allowed subject to the conditional use review process
and approval criteria as stated in Chapter 22G.010 MMC, conditional use approval
criteria for that use, the development standards and other standards of this chapter.
(c) Use Not Permitted ( ). Where no symbol appears in the box at the Intersection of
the column and the row, the use is not permitted in that zone, except for certain
temporary uses.
(d) For uses containing a superscript letter (X), refer to the applicable condition in the
"Additional Provisions" column to the right.
(e) Additional Provisions. The references, notes, and/or standards in the "Additional
Provisions" column apply to ail such permitted uses, except for those that apply to
particular zones as noted in subsection (l)(d) of this section.
(f) Unclassified Uses. See MMC 22A.010.070.
(2) Permitted Use Table. Table 22C.080.120 provides the list of permitted uses in downtown
Marysviiie zones.
Table 22C.080.120
Permitted Use Table for Downtown Marysviiie Zones.
Table legend:
P = Permitted use
C = Conditional use
No letter = Use not
permitted
Use Categories DC MS F MMF MHl MHZ Additional Provisions
Risldentlal Uses ■54*. i'.. •»--j'
Dwelling Units, Types
Table 22C.080.120
Permitted Use Table for Downtown Marysvilie Zones.
Table legend:
P = Permitted use
C = Conditional use
No letter = Use not
permitted
Use Categories DC MS F MMFMHl MH2 Additional Provisions
Note: Residential uses are not allowed on the ground floor facing a designated active ground
floor block frontaae (see MMC 22C.080.320). Lobbies for multifamiiv uses and live-work
rlwolling iinit<i are an pyreption, provided the units meet the standards in MMC 22C.080.320.
Single detached
Single detached, existing P P P P Single detached dwelling must be in
existence as of September 27, 2021
Duplex P P
Townhouse P P P P P
Muitifamily P P P P
Senior citizen assisted P P C C
Group Residences
Adult family home P P P P P P Permitted within a single detached
dwelling in existence as of September
27, 2021
Use is subject to obtaining a state
license in accordance with
Chapter 70.128 RCW
Home, rest, convalescent,
or for the aged
P P
Residential care facilities P P P P P P
Enhanced services facilities P P Enhanced services facilities are
permitted within the areas depicted in
MMC 22C.280.050. Fiaure 1
In the DC zone, enhanced services
facilities shall be located above a
permitted ground floor commercial use
See Chapter 22C.280 MMC for
enhanced services facility regulations
Transitional Housina P P P Provide an ooerations oian as outlined
Facilities in 22C.010.070 fS3) and
72C.020.070(791
Table 22C.080.120
Permitted Use Table for Downtown Marysvllle Zones.
Table legend:
P = Permitted use
C = Conditional use
No letter = Use not
permitted
Use Categories DCMS F MMF MHl MH2 Additional Provisions
Permanent SuDoortive P P P Provide an ooerations olan as outlined
Housina in 22C.010.070 f53^ and
22C.020.070f79^
Emeraencv Housina P P P All facilities are subiect to the
r c C reoulations set forth in MMC Chapter
22C.290. Emeraencv Housina and
Shelters. Facilities with 30 or more
residents reauire a Conditional Use
Permit.
Emeraency Shelters -p p P All facilities are subiect to the
Indoor r r r reoulations set forth in MMC Chapter
22C.290. Emeraencv Housina and
Shelters. Facilities with 30 or more
residents reauire a Conditional Use
Permit.
Nonresidentlal Uses;M
Amusement and
entertainment
p px p Operations shall be conducted entirely
indoors
^ Excludes shooting ranges
Cultural, as listed below
based on gross floor area
(GFA):
<10,000 sf GFA p p p C C C
10,000 - 20,000 sf GFA p C p C C c
>20,000 sf GFA p p c
Dancing, music and art
center
p p ^Use conditionally permitted
wlthl0,000 - 20,000 sf GFA and
prohibited over 20,000 sf GFA
Day care, as listed below:Day care uses include child and adult
day care and are subject to all state
licensing requirementsDay care I p p p p P p
Day care II p p p px px
Table 22C.080.120
Permitted Use Table for Downtown Marysviile Zones.
Table legend:
P = Permitted use
C = Conditional use
No letter - Use not
permitted
Use Categories DCMS F MMFMHl MH2 Additional Provisions
^ Only as an accessory to residential
use and subject to the criteria set forth
in Chapter 22C.200 MMC
Education services P P P C C C
Electric vehicular charging
station
P P P P P P
Electric vehicular battery
exchange
P
Essential public facilities C c c c c c Chanter 22G.070 MMC for the
siting process for essential public
facilities
General service uses,
except those listed below:
P p p Operations shall be conducted entirely
Indoors
Small boat sales, rental
and repair, equipment
rentals, vehicle repair,
commercial vehicle repair,
car wash, mini-storage
Government services,
except those listed below:
P p p P p p
Public safety facilities,
including police and fire
c c c c c c Ail buildings shall maintain a 20-foot
setback from adjoining residential
zones
Any buildings from which firefighting
equipment emerges onto a street shall
maintain a distance of 35 feet from
such street
Health services, except as
listed below:
P p p p
Hospital c c
Heavy service uses, except
those listed below:
c
Table 22C.080.120
Permitted Use Table for Downtown Marysville Zones.
Table legend:
P = Permitted use
C = Conditional use
No letter = Use not
permitted
Use Categories DC MS F MMFMHl MH2 Additional Provisions
Commercial vehicle
storage, automotive rental
and leasing
Light industrial/
manufacturing, except as
listed below:
P P Operations shall be conducted entirely
indoors
Artisan manufacturing P P P
Nursery px P ^ Retail only
Park, community center P P P P P P
Personal services use P P P Operations shall be conducted entirely
indoors
Professional office P P P P
Marina, dock and
boathouse - private and
noncommercial, boat
launch
P P
Retail uses, as listed below
and based on gross floor
area (GFA)/individual use:
Excludes retail uses with exterior sales
and/or storage areas greater than
15,000 sf GFA or occupying a greater
area than the use's building.
<2,500 sf GFA P P P P C C
2,500 - 20,000 sf GFA P P P
20,001 - 50,000 sf GFA P C P
>50,000 sf GFA P c P
Special retail sales uses:
Eating and drinking places P p P C
Gas station P P
Heavy retail C
State-licensed marijuana
facilities
Table 22C.080.120
Permitted Use Table for Downtown Marysville Zones.
Table legend:
P = Permitted use
C = Conditional use
No letter = Use not
permitted
Use Categories DCMS F MMF MHl MHZ Additional Provisions
Temporary lodging P P P
Temporary uses See Chapter 22C.110 MMC
Regional uses, except as
listed below:
College
Transit park and pool lot
Opiate substitution
treatment program
facilities
MMC 22C.080.150
Jaii
Regional stormwater
facility
Public agency training
facility
Nonhydroelectric
generation facility
aScsso^^^^^
Except weapons armories and outdoor
shooting ranges
Dwelling units, accessory
Home occupations
MMC 22C.180.030
Chapter 22C.190 MMC
No signage is permitted in townhouse
or muitifamily buildings
(Ord. 3196 § 3 (Exh. A), 2021; Ord. 3191 § 6 (Exh. B), 2021).
Section 8. Amendment of Municipal Code. MMC Section 22C.130.030, entitled
Minimum required parking spaces, is hereby amended, as follows:
(1) Purpose. The purpose of required parking spaces is to provide enough parking to
accommodate the majority of traffic generated by the range of uses which might locate at
the site over time. As provided in subsection (2)(e) of this section, bicycle parking may be
substituted for some required parking on a site to encourage transit use and bicycling by
employees and visitors to the site. The required parking numbers correspond to specific
land use categories. Provision of carpool parking, and locating it closest to the building
entrance, will encourage carpool use.
(2) Minimum Number of Parking Spaces Required.
(a) The minimum number of parking spaces for all zones and use categories is stated
in Table 1.
(b) If the parking formula used to determine parking requirements results in a
fractional number greater than or equal to one-half, the proponent shall provide
parking equal to the next highest whole number.
(c) Changes in Occupancy. Whenever the occupancy classification of a building is
changed, the minimum standards for off-street parking for the new occupancy
classification shall be applicable; provided, that if the existing occupancy had
established a legal nonconforming status with respect to off-street parking
requirements, no additional off-street parking shall be required for the new occupancy
unless said new occupancy is in a classification requiring more parking than that which
would have been required for the existing occupancy if it had been subject to the
provisions of this chapter. If strict application of this section is not feasible due to
existing site conditions such as building or parcel size, shape or layout, a variance may
be granted by the community development director.
(d) Joint Use Parking. Joint use of required parking spaces may occur where two or
more uses on the same or separate sites are able to share the same parking spaces
because their parking demands occur at different times. Joint use of required
nonresidential parking spaces is allowed if the following documentation is submitted in
writing to the community development department as part of a building or land use
permit application, and approved by the community development director:
(i) The names and addresses of the uses and of the owners or tenants that are
sharing the parking;
(ii) The location and number of parking spaces that are being shared;
(iii) An analysis showing that the peak parking times for the uses occur at
different times and that the parking area will be large enough for the anticipated
demands of both uses; and
(iv) A legal Instrument such as an easement or deed restriction that guarantees
access to the parking for both uses.
The building or use for which application is being made to utilize the off-street parking
facilities provided by another building or use shall be located within 500 feet of such
parking facilities.
(e) Bicycle parking may substitute for up to 10 percent of required parking. For every
five nonrequired bicycle parking spaces that meet the bicycle parking standards in
MMC 22C.130.060. the motor vehicle parking requirement is reduced by one space.
Existing parking may be converted to take advantage of this provision.
(f) The off-street parking and loading requirements of this chapter do not apply
retroactively to established uses; however:
(I) The site to which a building is relocated must provide the required spaces; and
(il) A person increasing the floor area, or other measure of off-street parking and
loading requirements, by addition or alteration, must provide spaces as required
for the increase, unless the requirement under this subsection is five spaces or
fewer.
(g) Reduction of Required Spaces When Effective Alternatives to Automobile Access
Are Proposed. Upon demonstration to the hearing examiner that effective alternatives
to automobile access are proposed to be implemented, the examiner may reduce by
not more than 40 percent the parking requirements otherwise prescribed for any use
or combination of uses on the same or adjoining sites, to an extent commensurate
with the permanence, effectiveness, and demonstrated reduction in off-street parking
demand achieved by such alternative programs. Alternative programs which may be
considered by the examiner under this provision include, but are not limited to, the
following:
(i) Private vanpool operation;
(li) Translt/vanpool fare subsidy;
(lii) 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;
(vlii) 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) Uses Not Mentioned. In the case of a use not specifically mentioned in Table 1:
Minimum Required Parking Spaces, the requirements for off-street parking shall be
determined by the community development director. If there are comparable uses, the
community development director's determination shall be based on the requirements
for the most comparable use(s). Where, in the judgment of the community
development director, none of the uses in Table 1: Minimum Required Parking Spaces
are comparable, the community development director may base his or her
determination as to the amount of parking required for the proposed use on detailed
information provided by the applicant. The information required may include, but not
be limited to, a description of the physical structure(s), identification of potential
users, and analysis of likely parking demand.
(3) Carpool Parking. For office, industrial, and institutional uses where there are more than
20 parking spaces on the site, the following standards must be met:
(a) Five spaces or five percent of the parking spaces on site, whichever is less, must
be reserved for carpool use before 9:00 a.m. on weekdays. More spaces may be
reserved, but they are not required.
(b) The spaces will be those closest to the building entrance or elevator, but not closer
than the spaces for disabled parking and those signed for exclusive customer use.
(c) Signs must be posted indicating these spaces are reserved for carpool use before
9:00 a.m. on weekdays.
Table 1: Minimum Required Parking Spaces
LAND USE MINIMUM REQUIRED SPACES
RESIDENTIAL USES
Single-family dwellings, duplexes,
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
Muitiple-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.
Table 1: Minimum Required Parking Spaces
LAND USE MINIMUM REQUIRED SPACES
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 muitifamiiy 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
Emeraencv Housina. Emeroencv As determined bv the Communitv Develooment Director
Shelters - Indoor. Transitional with no less than a minimum of 1 oer 2 emolovees dIus 1
Housina Facilities and Permanent oer 5 residents (3 soaces minimumT
SuDDortive Housina
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
Bowiing 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
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
Table 1: Minimum Required Parking Spaces
LAND USE MINIMUM REQUIRED SPACES
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
Medical and dental clinics 1 per 200 SF gross floor area
Table 1: Minimum Required Parking Spaces
LAND USE MINIMUM REQUIRED SPACES
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.
(Ord. 3193 § 22, 2021; Ord. 3156 § 2, 2020; Ord. 3115 § 3, 2018; Ord. 3054 § 15,
2017; Ord. 2898 § 13, 2012; Ord. 2852 § 10 (Exh. A), 2011).
Section 9. Amendment of Municipal Code. MMC Title 22C Land Use Standards
Is hereby amended by adopting a new chapter MMC 22C.290 Emergency Housing and
Shelters, as follows:
22C.290.010 Purpose.
The purpose of this section is to:
(1) Establish reasonable standards to allow and establish a review process for the
location, sitino and ooeration of emergency housino and shelters as defined in MMC
22A.020.060: and
(21 Protect public health and safety of the residents and broader community bv requiring
safe operation of the facilities.
22C.290.020 APDlicabilitv.
(1) The standards in this section apply to emeraencv housing and emeroencv
shelters, as defined in MMC 22A.020.060.
(2) This chapter does not include reauiations for temporary transitory
accommodations, transitional housing or permanent supportive housing.
22C.290.030 Pre-APDlicatfon and Application.
(1) At least fifteen fl5^ days prior to filing an application with the City to establish an
emergency housing or emeraencv shelter facility, the owner and/or sponsor shall
mail written notice to owners within 600 feet of the boundaries of the proposed site
and to the Community Development Director of their Intention to establish the
facility. The notice shall list the name and contact Information for the owner and/or
sponsor, if any, in order to provide neighboring property owners the opoortunitv to
contact them with Questions, and include a description of the proposed facility, its
location, and proposed number of residents. The owner or sponsor shall address
questions or concerns from neighboring Drooertv owners, to the extent possible, in
the operations/management plan required bv MMC 22C.290.040fq). When the
formal apolication for the supportive housing facility is received, notice of application
shall be provided in accordance with MMC 22G.010.090.
(2) Permit applications for an emergency housing or emergency shelter facility must be
made on forms prescribed bv the city.
22C.290.040. General Requirements for all Supportive Housing Facilities.
(1) Emergency housing and emeraencv shelter facilities shall comply with MMC Title 16.
Building.
(2) If orovided. exterior lighting must be directed downward and glare must be
contained within the facility site to limit the impact on neighboring properties.
Additional lighting mav be orovided If requested bv neighboring properties.
(3) The sponsor and/or orooerty owner shall ensure compliance with Washington State
laws and regulations, the Marvsville Municipal Code (MMC). and Snohomish Health
District regulations.
(4) Parking requirements shall be in accordance with Chapter 22C.130 MMC. Parking and
Loading. No on-street parking shall be allowed.
f51 An operations plan must be provided bv the sponsor and/or property owner at the
time of application that addresses the following elements to the satisfaction of the
City:
(a) Name and contact information for key staff:
(b) Roles and responsibilities of key staff:
(c) Site/facility management, including a security and emergency plan:
(d) Site/facility maintenance:
(e) Occuoancv oolicies. including resident responsibilities and a code of conduct
that address, at a minimum, the use or sale of alcohol and illegal drugs,
threatening or unsafe behavior, and weapon possession:
(f) Provision of human and social services, including staffing plan and outcome
measures:
(g) Outreach with surrounding property owners and residents and ongoing good
neighbor oolicv: and
(h) Procedures for maintaining accurate and complete records.
(i) Additional information as requested by the Community Development Director
to ensure current best practices for emergency housinc and indoor
emeroencv shelters are used.
(6) A description of transit, pedestrian, and bicvcle access from the subject site to
services must be provided at time of aDPlication bv the sponsor and/or the oroDertv
owner.
(7) On-site supervision must be provided at all times, unless it can be demonstrated
throuoh the operations plan that this level of supervision is not warranted for the
population beino housed. Details related to on-site suoervision. such as the
persons/oositions identified for on-site suoervision and shift schedule are reouired.
(8) Sponsors and/or owners shall either:
(a) Demonstrate exoerience providing similar services to people experiencing
homelessness: or
(b) Provide certifications or academic credentials in an aoplicable human service
field.
(c) Should a sponsor and/or manaaina aoencv not have anv of the preceding
qualifications, additional reasonable measures mav be reouired to minimize
risk to both residents of the suooortive housing facilitv and the broader
communitv.
f9^ Sponsors and/or owner shall demonstrate a stable funding source for the facilitv and
any on-site or off-site human and social services offered as part of the operations
plan.
(10) The sponsor and/or manaaina aoencv shall designate points of contact and
provide contact information f24-hour accessible phone contact") to the Marysville
Police Department (MPD).
(11) Facilities shall not be located closer than 600 feet to an elementarv school,
middle school, or hich school. For the purposes of this subsection, distance shall be
measured in a straioht line between the closest oroperty line of the existinc school
and the closest orooertv line of the prooosed facilitv.
(12) In residential zones, no more than one adult bed per 200 square feet of floor
area is allowed oer facilitv
(13) Residents shall have access to the following services on-site; if not provided
on-site. transportation shall be orovided to each service:
(a) For all facilities, medical services, including mental and behavioral health
counseling.
(b) For emeroencv housing facilities, access to resources on obtaining
permanent housing and access to emoiovment and education assistance.
(c) For emeroencv shelter facilities, substance abuse assistance.
(14) In residential zones, social services for people experiencing homelessness
must be provided off-site. Direct intake of residents at the site is not allowed, unless
approved bv the Citv with additional details provided in the operations plan.
(15) Trash receptacles must be provided in multiple locations throughout the
facilitv and site. A regular trash patrol in the immediate vicinitv of the site must be
provided.
(16) All functions associated with the facilitv. including adeouate waiting space,
must take place within a building or on the site proposed to house the facilitv.
(17) The number of toilets and other hvoiene facilities reouired for each facilitv will
be determined bv the Communitv Development Director on a case-bv-case basis in
consultation with the Snohomlsh Health District after a review of factors such as the
potential number and composition of residents.
(18) Facilities serving more than five residents shall have dedicated space for
residents to meet with service providers.
(19) Residents and staff must comply with all Snohomish Health District
requirements related to food donations.
(20) No children under the aae of 18 are allowed to stay overnight in the facility,
unless accompanied bv a parent or guardian, or unless the facility is licensed to
provide services to this population. If a child under the aae of 18 without a parent or
guardian present attempts to stav in a facilitv not specificallv licensed for providing
housing to youth, the sponsor and/or managing agencv shall immediatelv contact
Child Protective Services and activeiv endeavor to find alternative housing for the
child.
(21) For health and safetv reasons, the sponsor and/or managing agencv shall
perform background checks and obtain verifiable identification information, including
full name and date of birth, from current and prospective residents, and shall keep a
loo containing this information.
(22) Level 1 sex offenders mav be permitted in the facilitv. following the
registration requirements. Level 2 and Level 3 sex offenders are prohibited from the
facilitv. Should the sponsor and/or managing aoencv become aware of a current or
prospective facilitv resident who is an unregistered sex offender, it shall immediately
contact the Marvsville Police Department. The sponsor and/or managing aoencv shall
provide notice to prospective residents that the sponsor and/or managing aoencv will
report anv current or prospective resident who is an unregistered sex offender to the
Marvsville Police Department.
(23) The sponsor or managing aoencv shall coordinate with the homeiessness
service providers for referrals to their program and with other providers of facilities
and services for people experiencing homeiessness to encourage access to ail
appropriate services for their residents.
Section 10. 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 fdescriptioni Effective Date
Transitional Housing Facilities, 1 , 2022"
Permanent Supportive Housing,
Emergency Housing and Emergency Shelters - Indoor
Section 11. Severabilitv. 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 unconstitutionaiity thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause, phrase or word of this
ordinance.
Section 12. 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
Section 13. Effective Date. This ordinance shall become effective five days after
the date of Its publication by summary.
PASSED by the City Council and APPROVED by the Mayor this day of
, 2022.
CITY OF MARYSVILLE
By:
JON NEHRINC^^MAYO
Attest;
By:.M>djuUAL
DEPUTY CITY CLERK
Approved as to form:
By: ^
JON WALKER, CITY ATTORNEY
Date of Publication: I 1 1
Effective Date:I ll'^ I ZoX2
(5 days after publication)