HomeMy WebLinkAboutO-3182 - Renewing an Additional 6 Months the Interim Development Regulations Amendment of Enhanced Services FacilitiesCITY OF MARYSVILLE
WASHINGTON
ORDINANCE NO. hl gz_
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
RENEWING FOR AN ADDITIONAL SIX MONTHS THE INTERIM
DEVELOPMENT REGULATIONS ADOPTED BY ORDINANCE 3168 THAT
AMENDED TITLE 22A AND 22C OF THE MARYSVILLE MUNICIPAL
CODE BY DEFINING ENHANCED SERVICES FACILITIES AND
SPECIFYING THAT ENHANCED SERVICES FACILITIES ARE NOT
PERMITTED IN ANY ZONING DISTRICT WITHIN THE CITY OF
MARYSVILLE; AND DECLARING AN EMERGENCY TO EXIST.
WHEREAS, Chapter 70.97 RCW provides for the licensing, operations and
management of Enhanced Services Facilities in the State of Washington; and
WHEREAS, RCW 70.97.010 defines the term "Enhanced Services Facility" as "a
facility that provides support and services to persons for whom acute inpatient treatment
is not medically necessary" (such facilities hereafter referred to in the plural as
"Enhanced Services Facilities"); and
WHEREAS, Enhanced Services Facilities serve individuals 18 years of age or
older with either a behavioral health disorder (which includes mental disorders,
substance use disorders, or co-occurring mental disorders and substance use
disorders), an organic or traumatic brain injury, or a cognitive impairment that results in
symptoms or behaviors requiring supervision and support services; and
WHEREAS, RCW 70.97.060 requires that all new facilities are required to meet
all applicable state and local rules, regulations, permits, and code requirements; and
WHEREAS, RCW 70.97.090 specifically identifies the following "residential uses"
as exempt from the Enhanced Services Facility regulations: nursing homes, assisted
living facilities, adult family homes, facilities approved and certified under Chapter
71A.22 RCW, residential treatment facilities licensed under Chapter 71.12 RCW, and
hospitals. Each of these uses are regulated by the State of Washington under separate
state codes and are not treated as similar uses under state law; and
WHEREAS, the Marysville Municipal Code regulates the location and
development of "Senior Citizen Assisted" dwellings, "Adult Family Homes,"
"Convalescent, Nursing or Retirement Homes," "Master Planned Senior Communities"
and "Residential Care Facilities," but the current zoning code does not provide a
comparable and permanent land use definition for "Enhanced Services Facilities" or
establish where such use may locate, or associated development standards; and
WHEREAS, the City Council understands that Enhanced Services Facilities are
needed throughout the State of Washington, however without proper zoning controls,
permitting of such a facility in the City of Marysville could result in potential negative
impacts on the community; and
WHEREAS, on November 23, 2020, the City Council adopted Ordinance 3168,
which adopted interim development regulations amending Chapters 22A.020, 22C.010,
and 22C.020 of the Marysville Municipal Code by adopting a definition for "Enhanced
Services Facility" and specifying that such facilities are not permitted in any zoning
district within the City (which Ordinance 3168 is attached hereto as Exhibit A); and
WHEREAS, Ordinance 3168 expires on May 23, 2021; and
WHEREAS, RCW 36.?0A.390 authorizes the renewal of interim regulations for
an additional six-month period; and
WHEREAS, the City of Marysville Planning Commission has held four meetings
on the topic of Enhanced Services Facilities since the enactment of Ordinance 3168 to
discuss permanent development regulations on the subject; and
WHEREAS, additional time is needed for the City of Marysville to evaluate
appropriate zoning regulations regarding the placement and regulation of Enhanced
Services Facilities in the City; and
WHEREAS, the City has determined that renewal of the interim development
regulations as adopted by Ordinance 3168 are furthermore necessary to prevent
vesting of any permit applications for Enhanced Services Facilities until such time as
potential zoning regulations, permitting processes, and any conditions or standards that
may be appropriate for Enhanced Services Facilities can be thoroughly reviewed and
prepared; and
WHEREAS, pursuant to RCW 36.?0A.390, on May 24, 2021, the City Council
conducted a public hearing on the renewal of the interim development regulations as
adopted by Ordinance 3168 and took public testimony and considered findings of fact.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The recitals set forth above are hereby adopted as the
City Council's findings of fact in support of the renewal of the interim development
regulations adopted by Ordinance 3168.
Section 2. Renewal of Interim Development Regulations; Duration. The interim
development regulations adopted by Ordinance 3168 on November 23, 2020, attached
hereto as Exhibit A, are renewed and shall remain in full force and effect for six (6)
months following the effective date of this Ordinance.
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Section 3. Declaration of Emergency. The City Council hereby declares that an
emergency exists necessitating that this Ordinance take effect immediately upon passage
by a majority vote plus one of the whole membership of the Council. Without an immediate
renewal of the interim development regulations as set forth in Exhibit A, applications for
Enhanced Services Facilities could become vested, leading to development that could be
incompatible with the codes eventually adopted by the City. Therefore, renewal of the
interim development regulations as set forth in Exhibit A must be effected as an
emergency measure to protect the public health, safety and welfare, and to prevent the
submission of applications fo r Enhanced Services Facilities to the City in an attempt to
vest rights for an indefinite period of time. This Ordinanc_e does not affect any existing
vested rights.
Section 4. 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 5. Correction. 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 6. Effective Date. This ordinance shall take effect and be in full force and effect
immediately upon passage, as set forth in Section 3, as long_ as it is approved by a
majority plus one of the entire membership of the City Council, as required by RCW
35A.12.130. Pursuant to Matson v. Clark County board of Commissioners, 79 Wn. App.
641 , 904 P.2d317 (1995), non-exhaustive underlying facts necessary to support this
emergency declaration are included in the recitals, above, all of which are adopted by
reference as findings of fact as if fully set forth herein.
PASSED AND APPROVED by the Marysville City Council this 2--'t-taay of May, 2021 .
CITY OF MARYSVILLE
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APPROVED AS TO FORM:
By:~<t£ ~
Jon Walker, City Attorney
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Exhibit A
22A.020.060 "E" definitions.
"Easement" means a right granted by a property owner to specifically named parties or to the public
for the use of certain land for specified purposes.
"Effective date" means the date a final decision becomes effective.
"EIS" means environmental impact statement.
"Elderly" means a person 62 years of age or older.
"Electric scooters and motorcycles" means any two-wheel vehicle that operates exclusively on
electrical energy from an off-board source that is stored in the vehicle's batteries and produces zero
emissions or pollution when stationary or operating.
"Electric sign" means any sign containing electrical wiring, lighting, or other electrical components,
but not including signs illuminated by a detached exterior light source.
"Electric vehicle" means any vehicle that operates, either partially or exclusively, on electrical energy
from the grid, or an off-board source, that is stored on board for motive purpose. "Electric vehicle"
includes:
(1) A battery electric vehicle;
(2) A plug-in hybrid electric vehicle;
(3) A neighborhood electric vehicle; and
(4) A medium-speed electric vehicle.
"Electric vehicle charging station" means a public or private parking space that is served by battery
charging station equipment that has as its primary purpose the transfer of electric energy (by
conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An
electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted
outright as an accessory use to any principal use.
"Electric vehicle charging station -public" means an electric vehicle charging station that is:
(1) Publicly owned and publicly available (e.g., park and ride parking, public library parking lot, on-
street parking); or
(2) Privately owned and publicly available (e.g., shopping center parking, nonreserved parking in
multifamily parking lots).
"Electric vehicle charging station -restricted" means an electric vehicle charging station that is:
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(1) Privately owned and restricted access (e.g., single-family home, executive parking, designated
employee parking); or
(2) Publicly owned and restricted (e.g., fleet parking with no access to the general public).
"Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral
to support an electric vehicle, including battery charging stations, rapid charging stations, and battery
exchange stations.
"Electric vehicle parking space" means any marked parking space that identifies the use to be
exclusively for the parking of an electric vehicle.
"Electronic message sign" means a variable message sign that utilizes computer-generated
messages or some other electronic means of changing copy. These signs include displays using
incandescent lamps, LEDs, LCDs or a flipper matrix. Also known as "changeable copy sign."
"Elevated building (floodplain management)" means, for insurance purposes, a nonbasement
building which has its lowest elevated floor raised above ground level by foundation walls, shear
walls, posts, piers, pilings, or columns.
"Elevation certificate" means an administrative tool of the National Flood Insurance Program (NFIP)
that can be used to provide elevation information, to determine the proper insurance premium rate,
and to support a request for a letter of map amendment (LOMA) or letter of map revision based on
fill (LOMR-F).
"Eligible facilities request" means any request for modification of an existing tower or base station
that does not substantially change the physical dimensions of such tower or base station, involving:
(1) Co-location of new transmission equipment;
(2) Removal of transmission equipment; or
(3) Replacement of transmission equipment.
Criteria on what con:stitute:s a :sub:stantial change is set forth in MMC 22C.250.210.
"Eligible support structure" means any existing tower or base station as defined in
Chapter 22C.250 MMC; provided, that it is existing at the time an eligible facilities modification
application is filed with the city.
"Emergency notification services" means services that notify the public of an emergency.
"Emergency services" means 911 emergency services and emergency notification services.
"Emergency support services" means information or database management services used in support
of emergency services.
"Energy resource recovery facility" means an establishment for recovery of energy in a usable form
from mass burning or refuse-derived fuel incineration, pyrolysis or any other means of using the heat
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of combustion of solid waste.
"Engineering feasibility study" means a report prepared by a licensed professional engineer qualified
by training to have expert engineering knowledge of a particular subject. The report will identify the
capability of the land to withstand disturbance, such as erosion, sedimentation, geological hazards,
or other aspects of the development.
"Enhanced Services Facility" means a facility that provides support and services to persons
for whom acute inpatient treatment is not medically necessary and which typically serves
individuals with either a mental disorder, a substance use disorder, or co-occurring mental
disorder and substance use disorder. Such facilities shall be limited to a maximum 16 bed
capacity and shall meet all of the regulatory and licensing requirements of the State of
Washington per Chapter 70.97 RCW.
"Environmentally sensitive areas" means those areas regulated by Chapter 22E.010 MMC, and their
buffers.
"Equipment, heavy" means high-capacity mechanical devices for moving earth or other materials,
and mobile power units including, but not limited to:
(1) Carryalls;
(2) Graders;
(3) Loading and unloading devices;
(4) Cranes;
(5) Drag lines;
(6) Trench diggers;
(7) Tractors;
(8) Augers;
(9) Bulldozers;
(10) Concrete mixers and conveyers;
(11) Harvesters;
(12) Combines; or
(13) Other major agricultural equipment and similar devices operated by mechanical power as
distinguished from manpower.
"Erosion" means the wearing away of the earth's surface as a result of the movement of wind, rain,
water and other natural agents which mobilize and transport soil particles.
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"Erosion hazard areas" means lands or areas that, based on a combination of slope inclination and
the characteristics of the underlying soils, are susceptible to varying degrees of risk of erosion.
Erosion hazard areas are classified as low hazard, moderate hazard and high hazard, based on the
following criteria:
(1) Low Hazard. Areas sloping less than 15 percent.
(2) Moderate Hazard. Areas sloping between 15 and 40 percent and underlain by soils that consist
predominantly of silt, clay, bedrock or glacial till.
(3) High Hazard. Areas sloping between 15 and 40 percent that are underlain by soils consisting
largely of sand and gravel, and all areas sloping more steeply than 40 percent.
"Evergreen" means a plant species with foliage that persists and remains green year-round.
"Ex parte communication" means any oral or written communication made by any person, including
a city employee or official, pertaining to a matter that is or will be within the jurisdiction of the city
council, hearing examiner or planning commission made outside of a public record.
Exceptions (Shoreline Master Program) -Requirements to Obtain Shoreline Permits or Local
Reviews (Shoreline Master Program). Requirements to obtain a substantial development permit,
conditional use permit, variance, letter of exemption, or other review to implement the shoreline
management act do not apply to the following:
(1) Remedial Actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a
facility pursuant to a consent decree, order, or agreed order pursuant to Chapter 70.105D RCW, or
to the Department of Ecology when it conducts remedial action under Chapter 70.105D RCW.
(2) Boat Yard Improvements to Meet NPDES Permit Requirements. Pursuant to RCW 90.58.355,
any person installing site improvements for storm water treatment in an existing boatyard facility to
meet requirements of a National Pollutant Discharge Elimination System storm water general permit.
(3) WSDOT Facility Maintenance and Safety Improvements. Pursuant to RCW 90.58.356,
Washington State Department of Transportation projects and activities meeting the conditions of
RCW 90.58.356 are not required to obtain a substantial development permit, conditional use permit,
variance, letter of exemption, or other local review.
(4) Projects consistent with an environmental excellence program agreement pursuant to
RCW 90.58.045.
(5) Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to
Chapter 80.50 RCW.
Exemption (Shoreline Master Program). Certain specific developments as listed in WAC 173-27-
040 as exempt from the definition of "substantial developments" are therefore exempt from the
substantial development permit process of the SMA. An activity that is exempt from the substantial
development provisions of the SMA must still be carried out in compliance with policies and
standards of the Act and the local master program. Conditional use and/or variance permits may
also still be required even though the activity does not need a substantial development permit.
(RCW 90.58.030(3)(e); WAC 173-27-040.) "Exemption (shoreline master program)" also includes the
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external retrofitting of an existing structure with the exclusive purpose of compliance with the
Americans with Disabilities Act of 1990 (42 USC Sec. 12010 et seq.) or to otherwise provide physical
access to the structure by individuals with disabilities.
"Existing and ongoing agricultural activities (small farms overlay zone)" means those activities
involved in the production of crops and livestock, and changes between agricultural activities and
uses, and normal operation, maintenance, repair, or reconstruction of existing serviceable
structures, as well as construction of new farm structures, facilities or improved areas. An operation
ceases to be ongoing when a formal plat has been approved by the city for development of the small
farm.
"Existing and ongoing agricultural activities" means those activities involved in the production of
crops and livestock, including but not limited to operation and maintenance of farm and stock ponds
or drainage and irrigation systems, changes between agricultural activities and uses, and normal
operation, maintenance, repair, or reconstruction of existing serviceable structures, facilities or
improved areas. Activities which bring an area into agricultural use are not part of an ongoing
activity. An operation ceases to be ongoing when the area on which it was conducted is proposed for
conversion to a nonagricultural use or has lain idle for a period of longer than five years, unless the
idle land is registered in a federal or state soils conservation program. Forest practices are not
included in this definition.
"Existing manufactured home park or subdivision (floodplain management)" means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
before the effective date of the adopted floodplain management regulations.
"Existing (wireless communication facilities)" for purposes of Chapter 22C.250 MMC where it is
related to a constructed tower or base station, means a constructed tower or base station that has
been reviewed and approved under the applicable zoning or siting process or under another
applicable state or local regulatory review process, and the term also includes a tower that was
lawfully constructed but that was not reviewed and approved because it was not in a zoned area
when it was built.
"Exotic species" means any species of plant or animal that is not indigenous to the area.
"Expansion to an existing manufactured home park or subdivision (floodplain management)" means
the preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads). (Ord. 3151 § 5, 2020; Ord.
3146 § 6, 2020; Ord. 3125 § 3 (Exh. B), 2019; Ord. 2852 § 10 (Exh. A), 2011).
22C.010.060 Permitted uses.
WR
WR R-6-R-
Specific Land Use R-4.5 R-6.5 R-8 R-4-8 R-12 R-18 R-28 18 MHP
Residential land Uses
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WR
WR R-6-R-
Specific Land Use R-4.5 R-6.5 R-8 R-4-8 R-12 R-18 R-28 18 MHP
Dwelling Units, Types:
Single detached (14) P11 P11 P11 P11 P11 P11 P11 P11 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) CB 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
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 P44
Group Residences:
Adult family home p p p p p p p p p
Convalescent, nursing, retirement C2 C2 C2 C2 C2 C2 C2 C2
Residential care facility p p p p p p p p
Master planned senior community (15) c c c c c c c c c
Accessory Uses:
Residential accessory uses (1), (9), (10), (14), (49), p p p p p p p p p
(50)
Home occupation (5) p p p p P13 P13 P13 P13 p
Temporary Lodging:
Hotel/motel p p p p
Bed and breakfast guesthouse (4) c c c p p p p
Bed and breakfast inn (4) p p p p
Enhanced Services FacilitJt: {51)
Recreation/Cultural Land Uses
Park/Recreation:
Park P16 P16 P16 P16 P16 P16 P16 P16 P16
Recreational vehicle park C46
Community center c c c c c c c c c
Amusement/Entertainment:
Sports club c c c c
Golf facility (17) c c c c p p p p
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WR
WR R-6-R-
Specific Land Use R-4.5 R-6.5 R-8 R-4-8 R-12 R-18 R-28 18 MHP
Cultural:
Library, museum and art gallery c c c c c c c c c
Church, synagogue and temple c c c c p p p p c
General Services Land Uses
Personal Services:
Funeral home/crematory C18 C18 C18 C18 C18 C18 C18 C18 C18
Cemetery, columbarium or mausoleum P24 P24 P24 P24 P24 P24 P24 P24 P24
C19 C19 C19 C19 C19 C19 C19 C19 C19
Day care I P20 P20 P20 P20 P20 P20 P20 P20 P20
Day care II C25 C25 C25 C25 c c c c C25
Stable c c c c
Kennel or cattery, hobby c c c c c c c c
Electric vehicle (EV) charging station (38), (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 c c c c c c c c c
(including public, private and parochial)
Commercial school C21 C21 C21 C21 C21 C21 C21 C21
School district support facility C23 C23 C23 C23 C23 C23 C23 C23
Interim recycling facility P22 P22 P22 P22 P22 P22 P22 P22
Vocational school
Government/Business Service Land Uses
Government Services:
Public safety facilities, including police and 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
Automotive parking P29 P29 P29 P29 P29 P29 P29 P29
Model house sales office P47 P47 P47 P47
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WR
WR R-6-R-
Specific Land Use R-4.5 R-6.5 R-8 R-4-8 R-12 R-18 R-28 18 MHP
Wireless communication facility (28) p p p p p p p p
c c c c c c c c
State-Licensed Marijuana Facilities:
Marijuana cooperative (48)
Marijuana processing facility-Indoor only (48)
Marijuana production facility -Indoor only (48)
Marijuana retail facility (48)
Retail/Wholesale Land Uses
Forest products sales P32 I P32 I I 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
Nonhydroelectric generation facility 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
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.
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p
c
c
c
(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 shall have more than two such sales per year and no such sale
shall continue for more than six days within a 15-day period.
(b) Signs advertising such sales shall not be attached to any public structures, signs or traffic
control devices, nor to any utility poles. All such signs shall be removed 24 hours after the sale
is completed.
A garage sale complying with the above conditions shall be considered as being an allowable
accessory use to all residential land uses. A garage sale violating one or more of the above
conditions shall be considered as being a commercial use and will be disallowed unless it complies
with all requirements affecting commercial uses.
(10) Residential accessory structures must comply with development standards in
Chapter 22C.180 MMC.
(11) Manufactured homes must:
(a) Be 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;
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(b) Meet all design standards applicable to all other single-family homes in the neighborhood in
which the manufactured home is to be located;
(c) Be no more than five years old, as evidenced by the date of manufacture recorded on the
HUD data plate. An administrative variance to the requirement that a manufactured home be
no more than five years old may be granted by the community development director only if the
applicant demonstrates all of the following:
(i) The strict enforcement of the provisions of this title creates an unnecessary hardship to
the property owner;
(ii) The proposed manufactured home is well maintained and does not present any health
or safety hazards;
(iii) The variance is necessary or warranted because of the unique size, shape,
topography, location, critical areas encumbrance, or other feature of the subject property;
(iv) The proposed manufactured home will be compatible with the neighborhood or area
where it will be located;
(v) The subject property is otherwise deprived, by provisions of this title, of rights and
privileges enjoyed by other properties in the vicinity and within an identical zone;
(vi) The need for the variance is not the result of deliberate actions of the applicant or
property owner; and
(vii) The variance is the minimum necessary to grant relief to the applicant.
(12) Mobile homes are only allowed in existing mobile home parks established prior to October 16,
2006.
(13) Home occupations are limited to home office uses in multifamily dwellings. No signage is
permitted in townhouse or multifamily dwellings.
(14) No more than one single-family detached or duplex dwelling is allowed per lot except in 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.220 MMC, Master Planned Senior Communities.
(16) The following conditions and limitations shall apply, where appropriate:
(a) Parks are permitted in residential and mixed use zones when reviewed as part of a
subdivision, mobile/manufactured home park, or multiple-family development proposal;
otherwise, a conditional use permit is required;
(b) Lighting for structures and fields shall be directed away from residential areas; and
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(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 lls 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.
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(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;
Page 16 of 30
(iv) Operational fire hydrant(s) must be available in accordance with the International Fire
Code;
(v) Submittal of a site plan, stamped by a registered civil engineer or licensed surveyor,
delineating the location of each structure relative to existing and proposed utilities, lot
lines, easements, roadways, topography and critical areas;
(vi) Submittal of building permit applications for each of the proposed structures;
(vii) Approval of water, sewer and storm sewer extension plans to serve the proposed
structures; and
(viii) Execution of an agreement with the city saving and holding it harmless from any
damages, direct or indirect, as a result of the approval of the construction of model
homes on the site.
(b) Prior to occupancy of any model home, the final plat of the subject subdivision shall be
approved and recorded.
(31) Any outdoor storage areas are subject to the screening requirements of the landscape code.
(32) Subject to approval of a small farms overlay zone.
(33) May be further subject to the provisions of the Marysville shoreline master program.
(34) Only allowed in conjunction with the small farms overlay zone.
(35) Provided, that the property has received approval of a small farms overlay designation, or is
larger than one acre in size.
(36) Only in conjunction with an existing or proposed school.
(37) Except racing of motorized vehicles.
(38) Level 1 and Level 2 charging only.
(39) Allowed only as an accessory use to a principal outright permitted use or permitted conditional
use.
(40) The term "rapid" is used interchangeably with "Level 3" and "fast charging."
(41) Only "electric vehicle charging stations -restricted" as defined in Chapter 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.
Page 17 of 30
(44) Used as a permanent residence in an established MHP or RV park; provided, that utility
hookups in MHPs meet current standards for MHPs or RV parks.
(45) MHPs shall fulfill the requirements of Chapter 22C.230 MMC.
(46) Recreational vehicle parks are subject to the requirements and conditions of
Chapter 22C.240 MMC.
(47) Model house sales offices are subject to the requirements of MMC 22C.110.030(12).
(48) No person or entity may produce, grow, manufacture, process, accept donations for, give away,
or sell marijuana concentrates, marijuana-infused products, or usable marijuana within residential
zones in the city. Provided, activities in strict compliance with RCW 69.51A.210 and 69.51A.260 are
not a violation of the Marysville Municipal Code.
(49) Shipping/cargo and similar storage containers are prohibited on lots within a platted subdivision
and properties under one acre in size. Shipping/cargo and similar storage containers may be located
on properties over one acre in size if located behind the primary residence, observe all setbacks
applicable to an accessory structure, and are screened from public view.
(50) Accessory structures may not be utilized as, or converted to, a dwelling unless the structure
complies with the accessory dwelling unit standards outlined in MMC 22C.180.030.
(51} Enhanced Services Facilities are prohibited in all residential zones as such are
identified and adopted in chapter 22C.010 MMC.
I 22C.020.060 Permitted uses.
CB-MU
Specific Land Use NB CB WR GC DC (63) LI GI REC P/I
Residential Land Uses
Dwelling Units, Types:
Townhouse P6 p
Multiple-family C4 P4, P4, P4, p C5 C5 P6
Mobile home P7 P7 P7 P7 P7 P7 P7 P7
Senior citizen assisted p c p
Caretaker's quarters (3) p p p p p p p p p p
Group Residences:
Adult family home (70) p p p p p p p
Convalescent, nursing, retirement c p p p p
Page 18 of 30
CB-MU
Specific land Use NB CB WR GC DC (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 Facilit~ {77}
Accessory Uses:
Home occupation (2) P8 P8, P8, P8, P8, P8, pg pg pg pg pg pg pg
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 p1g 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:
General personal service p p p p p p p p
Page 1g of 30
CB-MU
Specific Land Use NB CB WR GC DC (63) LI GI REC P/I
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, p p C20
Day care I P70 P70 P70 P70 P70 P70 P21, P70 P70 P70 70
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, C, p p p P28 P28
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 p p p p p (71)
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 c c c c c p c c high (including public, private and parochial)
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:
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
Page 20 of 30
CB-MU
Specific Land Use NB CB WR GC DC (63) LI GI REC P/I
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) 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, P30, C38 P30, p p 37 37 37
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, P39 P39 P39 P39, P39, p p 40 40 40
Adult facility P33
Factory-built commercial building (35) p p p p p p p
Wireless communication facility (32) P,C P,C P,C P,C P,C P,C P,C P, P, c c
State-Licensed Marijuana Facilities:
Marijuana cooperative (69)
Marijuana processing facility -Indoor only (69)
Marijuana production facility -Indoor only (69)
Marijuana retail facility (69)
Retail/Wholesale Land Uses
Building, hardware and garden materials P47 p p p p P47 P76 p
Forest products sales p p p p
Page 21 of 30
CB-MU
Specific Land Use NB CB WR GC DC (63) LI GI REC P/I
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
Drug stores 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 p p p p p P48 P44, P44 on this list 76
Automobile wrecking yards c p
Manufacturing Land Uses
Food and kindred products P50, P50, P50 P50 p
52 52
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
Page 22 of 30
CB-MU
Specific land Use NB CB WR GC DC (63) LI GI REC P/I
Paper and allied products p p
Printing and publishing P51 P51 P51 p P51 p p
Chemicals and allied products c c
Petroleum refining and related industries c c
Rubber and misc. plastics products p p
Leather and leather goods c c
Stone, clay, glass and concrete products p p
Primary metal industries c p
Fabricated metal products c p p
Industrial and commercial machinery c p
Heavy machinery and equipment c p
Computer and office equipment c p
Electronic and other electric equipment c p
Railroad equipment c p
Miscellaneous light manufacturing P54, P54 p p 74
Motor vehicle and bicycle manufacturing c p
Aircraft, ship and boat building c p
Tire retreading c p
Movie production/distribution p p
Resource Land Uses
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:
Page 23 of 30
CB-MU
Specific Land Use NB CB WR GC DC (63) LI GI
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
Public agency animal control facility c p p
Public agency training facility C56 C56 C56 C56 C57
Nonhydroelectric generation facility c c c c c c
Energy resource recovery facility c
Soil recycling/incineration facility c c
Solid waste recycling c
Transfer station c c
Wastewater treatment facility c c
Transit bus base c p
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 p
School bus base c c c c p
Racetrack C59 C59 C59 c p
Fairground p p
Zoo/wildlife exhibit c c c
Stadium/arena c c p
College/university c p p p p p p p
Secure community transition facility C60
Opiate substitution treatment program facilities P61, P61, P61, P61, P62 P62 62 62 62 62
22C.020.070 Permitted uses -Development conditions.
(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.
REC
(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."
Page 24 of 30
P/I
p
c
C57
c
c
c
c
c
p
c
C58
c
c
c
c
(4) All units must be located above a street-level commercial use.
(5) Twenty percent of the units, but no more than two total units, may be located on the street level
of a commercial use, if conditional use permit approval is obtained and the units are designed
exclusively for ADA accessibility. The street-level units shall be designed so that the units are not
located on the street front and primary access is towards the rear of the building.
(6) Permitted on the ground floor in the southwest sector of downtown vision plan area, as
incorporated into the city of Marysville comprehensive plan.
(7) Mobile homes are only allowed in existing mobile home parks established prior to October 16,
2006.
(8) Home occupations are limited to home office uses in multifamily dwellings. No signage is
permitted in townhouse or multifamily dwellings.
(9) Permitted in a legal nonconforming or conforming residential structure.
(10) Subject to Chapter 22C.220 MMC, Master Planned Senior Communities.
(11) The following conditions and limitations shall apply, where appropriate:
(a) Parks are permitted in residential and mixed use zones when reviewed as part of a
subdivision or multiple-family development proposal; otherwise, a conditional use permit is
required;
(b) Lighting for structures and fields shall be directed away from residential areas; and
(c) Structures or service yards shall maintain a minimum distance of 50 feet from property lines
adjoining residential zones.
(12) Recreational vehicle parks are subject to the requirements and conditions of
Chapter 22C.240 MMC.
(13) Golf Facility.
(a) Structures, driving ranges and lighted areas shall maintain a minimum distance of 50 feet
from property lines adjoining residential zones.
(b) Restaurants are permitted as an accessory use to a golf course.
(14) Shooting Range.
(a) Structures and ranges shall maintain a minimum distance of 50 feet from property lines
adjoining residential zones;
(b) Ranges shall be designed to prevent stray or ricocheting projectiles or pellets from leaving
the property; and
Page 25 of 30
(c) Site plans shall include safety features of the range; provisions for reducing noise produced
on the firing line; and elevations of the range showing target area, backdrops or butts.
(15) Only in an enclosed building.
(16) Dock and Boathouse, Private, Noncommercial.
(a) The height of any covered over-water structure shall not exceed 20 feet as measured from
the line of ordinary high water;
(b) The total roof area of covered, over-water structures shall not exceed 1,000 square feet;
(c) The entirety of such structures shall have not greater than 50 percent of the width of the lot
at the natural shoreline upon which it is located;
(d) No over-water structure shall extend beyond the average length of all pre-existing over-
water structures along the same shoreline and within 300 feet of the parcel on which
proposed. Where no such pre-existing structures exist within 300 feet, the pier length shall not
exceed 50 feet;
(e) Structures permitted hereunder shall not be used as a dwelling; and
(f) Covered structures are subject to a minimum setback of five feet from any side lot line or
extension thereof. No setback from adjacent properties is required for any uncovered
structure, and no setback from water is required for any structure permitted hereunder.
(17) Boat Launch, Noncommercial or Private.
(a) The city may regulate, among other factors, required launching depth, and length of docks
and piers;
(b) Safety buoys shall be installed and maintained separating boating activities from other
water-oriented recreation and uses where this is reasonably required for public safety, welfare
and health; and
(c) All site improvements for boat launch facilities shall comply with all other requirements of
the zone in which it is located.
(18) Excluding racetrack operation.
(19) Amusement and recreation services shall be a permitted use if they are located within an
enclosed building, or a conditional use if located outside. In both instances they would be subject to
the exclusion of a racetrack operation similar to other commercial zones.
(20) Structures shall maintain a minimum distance of 100 feet from property lines adjoining
residential zones.
(21) Permitted as an accessory use; see MMC 22A.020.020, the definition of "Accessory use,
commercial/industrial."
Page 26 of 30
(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
Page 27 of 30
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) Provided there is no outdoor storage and/or display of any materials, products or vehicles.
(50) Except slaughterhouses.
Page 28 of 30
(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:
(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.
Page 29 of 30
(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.
Page 30 of 30