Chapter 22A.010
GENERAL ADMINISTRATION

Sections:

22A.010.010    Title.

22A.010.020    Authority.

22A.010.030    Purpose.

22A.010.040    Conformity with this title required.

22A.010.050    Minimum requirements.

22A.010.060    Interpretation – General.

22A.010.070    Interpretation – Land use.

22A.010.075    Promulgation of rules, procedures and interpretations.

22A.010.080    Interpretation – Zoning maps.

22A.010.090    Administration and review authority.

22A.010.100    Conditions of approval.

22A.010.110    Responsibility of applicant.

22A.010.120    No special duty created.

22A.010.130    Severability.

22A.010.140    Savings.

22A.010.150    Effective date.

22A.010.160    Amendments.

22A.010.010 Title.

MMC Title 22 (MMC Titles 22A through 22I) shall be known as the city of Marysville unified development code and may be cited as the “UDC,” “code” or “this title.” (Ord. 2852 § 10 (Exh. A), 2011).

22A.010.020 Authority.

The UDC is enacted under the authority granted to the city of Marysville by the Constitution of the State of Washington, the Optional Municipal Code (RCW Title 35A) and other sections of the Revised Code of Washington (RCW). (Ord. 2852 § 10 (Exh. A), 2011).

22A.010.030 Purpose.

The general purposes of this title are:

(1) To establish regulatory procedures and standards for review and approval of all proposed development in the city.

(2) To foster and preserve public health, safety, comfort, and welfare, and to aid in the harmonious, orderly, aesthetically pleasing, and socially and economically beneficial development of the city, in accordance with the comprehensive plan.

(3) To adopt a development review process that is:

(a) Efficient, in terms of time and expense;

(b) Effective, in terms of addressing the natural, historic, and aesthetic resources and public facility implications of any proposed development, while also protecting and improving the quality of life in the city; and

(c) Equitable, in terms of consistency with established regulations and procedures, respect for the rights of all property owners, and consideration of the interests of the citizens and residents of the city.

(4) To implement the comprehensive plan of the city by:

(a) Establishing regulations and conditions governing the erection and future use of buildings and other structures and the uses of land planned for the future as specified in the comprehensive plan;

(b) Securing safety from fire, panic, and other dangers;

(c) Lessening automobile congestion of the streets;

(d) Providing for adequate light and air;

(e) Preventing overcrowding of land;

(f) Avoiding undue congestion of population and facilitating the adequate provision of transportation, potable water, wastewater disposal, schools, parks, and other public requirements of the city;

(g) Dividing the city into zoning districts, defining certain terms, designating the uses and intensities thereof that are permitted in the different districts, and providing lot size and other dimensional and density requirements;

(h) Establishing performance standards that apply to all new development as well as the redevelopment of all lands in the city; and

(i) Defining the functions of the community development department, hearing examiner and city council and other relevant agencies with respect to the administration and enforcement of this development code.

(5) To be consistent with the city of Marysville’s comprehensive plan by ensuring that all development in the city will be served by adequate public facilities.

(6) To provide for a penalty for the violation of this development code.

(7) To minimize and/or avoid public nuisances by preventing incompatible uses from locating adjacent or within close proximity to one another, and/or by conditioning certain uses in particular circumstances, thereby restricting those aspects of the uses that may be incompatible.

(8) To encourage land use decision making in accordance with the public interest and applicable laws of the state of Washington.

(9) To promote general public safety by regulating development of lands containing physical hazards and to minimize the adverse environmental impacts of development. (Ord. 2852 § 10 (Exh. A), 2011).

22A.010.040 Conformity with this title required.

(1) No use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this title.

(2) Creation of or changes to lot lines shall conform with the use provisions, dimensional and other standards, and procedures of this title.

(3) All land uses and development authorized by this title shall comply with all other regulations and/or requirements of this title as well as any other applicable local, state or federal law. Where a difference exists between this title and other city regulations, the more restrictive requirements shall apply.

(4) Where more than one part of this title applies to the same aspect of a proposed use or development, the more restrictive requirement shall apply. (Ord. 2852 § 10 (Exh. A), 2011).

22A.010.050 Minimum requirements.

In interpretation and application, the requirements set forth in this title shall be considered the minimum requirements necessary to accomplish the purposes of this title. (Ord. 2852 § 10 (Exh. A), 2011).

22A.010.060 Interpretation – General.

(1) In case of inconsistency or conflict, regulations, conditions or procedural requirements that are specific to an individual land use shall supersede regulations, conditions or procedural requirements of general application.

(2) A land use includes the necessary structures to support the use unless specifically prohibited or the context clearly indicates otherwise, subject to other standards in code and any required permits for structures.

(3) Chapter and section headings, captions, illustrations and references to other sections or titles are for reference or explanation only and shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section. In case of any ambiguity, difference of meaning or implication between the text and any heading, caption or illustration, the text and the permitted use tables in Chapters 22C.010 and 22C.020 MMC shall control. All applicable requirements shall govern a use whether or not they are cross-referenced in a text section or land use table.

(4) For the purposes of this title, all words used in the code shall have their normal and customary meanings, unless specifically defined otherwise in this code.

(5) Words used in the present tense include the future.

(6) The plural includes the singular and vice versa.

(7) The words “will” and “shall” are mandatory.

(8) The word “may” indicates that discretion is allowed.

(9) The word “used” includes designed, intended, or arranged to be used.

(10) The masculine gender includes the feminine and vice versa.

(11) Distances shall be measured on a horizontal plane unless otherwise specified.

(12) The word “building” includes a portion of a building or a portion of the lot on which it stands.

(13) The word “days” refers to calendar days. (Ord. 2852 § 10 (Exh. A), 2011).

22A.010.070 Interpretation – Land use.

(1) If a use is not specifically or generally listed in the permitted uses table in MMC 22C.010.060 or 22C.020.060, the community development director shall determine whether a proposed land use is allowed in a zone.

The community development director’s determination shall be based on whether or not permitting the proposed use in a particular zone is consistent with the purposes of this title and the zone’s purpose as set forth in Chapter 22A.030 MMC, by considering the following factors:

(a) The physical characteristics of the use and its supporting structures (including but not limited to scale, traffic and other impacts, and hours of operation) are of the same basic nature as a use or uses specifically or generally listed in the applicable zoning district;

(b) The use complements or is compatible with other uses permitted in the zone.

(2) The decision of the community development director shall be final unless the applicant or an adverse party files an appeal to the hearing examiner pursuant to Chapter 22G.010 MMC, Article VIII, Appeals. (Ord. 3207 § 1, 2022; Ord. 2852 § 10 (Exh. A), 2011).

22A.010.075 Promulgation of rules, procedures and interpretations.

The community development director is authorized to promulgate administrative rules, procedures and interpretations consistent with the terms of this title. Appeals of any such rule, procedure, interpretation or other administrative determination made by the director shall be made to the hearing examiner in accordance with the appeal procedures as set forth in Chapter 22G.010 MMC, Article VIII, Appeals. (Ord. 3207 § 2, 2022).

22A.010.080 Interpretation – Zoning maps.

Where uncertainties exist as to the location of any zone boundaries, the following rules of interpretation, listed in priority order, shall apply:

(1) Where district boundaries are indicated as approximately following street lines, alley lines, or lot lines, such lines shall be construed to be such boundaries.

(2) Where boundaries are indicated as following approximately lot lines, the actual lot lines shall be considered the boundaries. In subdivided property or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map.

(3) Where boundaries are indicated as following lines of ordinary high water, or government meander line, the lines shall be considered to be the actual boundaries. If these lines should change the boundaries shall be considered to move with them.

(4) Where any street, road or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street, road or alley added to the property by virtue of such vacation or abandonment.

(5) All land hereafter annexed to the city shall be zoned consistent with the comprehensive plan designation previously assigned to the property by the city of Marysville. In the event the property does not have a comprehensive plan designation assigned to it by the city of Marysville, it shall be designated R-4.5 as an interim zoning classification, until such time when the city amends its comprehensive plan and assigns a land use designation and corresponding zoning to the property. (Ord. 2852 § 10 (Exh. A), 2011).

22A.010.090 Administration and review authority.

(1) Roles and Responsibilities.

(a) The regulation of land development is a cooperative activity including many different elected and appointed boards and city staff. The specific responsibilities of these bodies are set forth in subsections (2) through (7) of this section.

(b) An applicant is expected to read and understand the city development code and be prepared to fulfill the obligations placed on the applicant by MMC Title 22.

(2) Community Development Director. The director or designee shall review and act on the following:

(a) Authority. The director is responsible for the administration of MMC Title 22;

(b) Administrative Interpretation. Upon request or as determined necessary, the director shall interpret the meaning or application of the provisions of said titles and issue a written administrative interpretation within 30 days of said request. Requests for interpretation shall be written and shall concisely identify the issue and desired interpretation;

(c) Administrative Approvals. Administrative approvals set forth in MMC 22G.010.140, 22G.010.150 and 22G.010.160;

(d) Short plats;

(e) Shoreline permits for substantial development;

(f) SEPA (State Environmental Policy Act) determinations;

(g) Site plan with commercial, industrial, institutional (e.g., church, school) or multiple-family building permit;

(h) Site plan with administrative conditional use permit;

(i) Master plan for properties under ownership or contract of applicant(s);

(j) Temporary use permits, unless a public hearing is required as set forth in Chapter 22G.010 MMC, Article V, Code Compliance and Director Review Procedures, in which case this authority shall be exercised by the hearing examiner;

(k) Conditional use permits, unless a public hearing is required as set forth in Chapter 22G.010 MMC, Article V, Code Compliance and Director Review Procedures, in which case this authority shall be exercised by the hearing examiner;

(l) The community development director is hereby authorized after the date of the adoption of the ordinance codified in this title to incorporate drawings as necessary for the purpose of illustrating concepts and regulatory standards contained in this title; provided, that the adopted provisions of the code shall control.

(3) City Council. In addition to its legislative responsibility, the city council shall review and act on the following subjects:

(a) Approval of final plats;

(b) Approval of the comprehensive plan and comprehensive plan amendments;

(c) Approval of area-wide rezones, and confirmation by ordinance of site-specific rezones approved by the hearing examiner.

(4) Planning Commission. The planning commission shall review and make recommendations on the following applications and subjects:

(a) Amendments to the comprehensive plan.

(b) Amendments to MMC Title 22C, Land Use Standards.

(c) Amendments to MMC Title 22D, City-Wide Standards.

(d) Amendments to MMC Title 22E, Environmental Standards.

(e) Amendments to Chapter 22G.040 MMC, Security for Performance and Maintenance.

(f) Amendments to Chapter 22G.070 MMC, Siting for Essential Public Facilities.

(g) Amendments to Chapter 22G.080 MMC, Planned Residential Development.

(h) Amendments to Chapter 22G.090 MMC, Subdivisions and Short Subdivisions.

(i) Amendments to Chapter 22G.100 MMC, Binding Site Plan.

(j) Amendments to Chapter 22G.110 MMC, Boundary Line Adjustments.

(k) Master plan, initiated by the city or other governmental agency, for a neighborhood or assembly of parcels under private ownership or contract.

(l) Recommendations to the hearing examiner on master plans initiated by private property owners, which includes outside ownership or contract of the applicants.

(m) Other actions requested or remanded by the city council.

(5) Hearing Examiner. The hearing examiner shall review and act on the following applications and subjects:

(a) Applications for preliminary subdivisions;

(b) Appeals of administrative decisions on preliminary short plats;

(c) Site-specific rezones (with final approval by ordinance of the city council);

(d) Binding site plan approvals subject to public hearing review;

(e) Conditional use permits subject to public hearing review;

(f) Nonadministrative variances to MMC Title 22;

(g) Appeals of administrative decisions and interpretations relating to MMC Titles 4, 12 and 22;

(h) Appeals of SEPA determinations;

(i) Master plan, initiated by private property owners, including land outside ownership or contract of applicant(s);

(j) Such other matters as are delegated by ordinance of the city council.

(6) Building Official. The building official shall have the authority to grant, condition or deny the following permits in accordance with the procedures set forth in Chapter 22G.010 MMC, Article V, Code Compliance and Director Review Procedures:

(a) Commercial building permits.

(b) Residential building permits.

(c) Clearing and grading permits.

(7) Building Code Board of Appeals. The board of appeals shall review and act on the following subjects:

(a) Appeals of decisions of the building official on the interpretation or application of the building or fire code;

(b) Disapproval of a permit for failure to meet the International Building or Fire Code.

The review criteria for the building code board of appeals are contained in MMC 16.04.035. (Ord. 2852 § 10 (Exh. A), 2011).

22A.010.100 Conditions of approval.

All approvals granted pursuant to this title may be made subject to such conditions as are determined by the decision-maker to be reasonably necessary to protect the public health, safety or welfare and to assure compliance with the requirements of the land use and development codes. All conditions must be based upon written policies and standards adopted by the city council or by administrative rule of the planning commission, hearing examiner, community development director or other decision-maker. If conditions are imposed by a decision authorized by this title, the city may cause a notice to be recorded in the Snohomish County auditor’s office that development on the affected property is subject to conditions. (Ord. 2852 § 10 (Exh. A), 2011).

22A.010.110 Responsibility of applicant.

All applicants under this title in all cases have the responsibility to:

(1) Know the requirements of the law;

(2) Obtain and furnish all data and information, whether by actual tests and samples, engineering studies, surveys, or otherwise, necessary to permit proper processing of the application and to affirmatively demonstrate that all criteria, including personal qualifications, are met;

(3) Bear the cost or otherwise participate in required data collection and other necessary procedures;

(4) Employ competent professional services are warranted; and

(5) Demonstrate that representatives are authorized to act for another. (Ord. 2852 § 10 (Exh. A), 2011).

22A.010.120 No special duty created.

(1) It is the purpose of this title to provide for the health, welfare, and safety of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this title. No provision or term used in this title is intended to impose any duty whatsoever upon the city or any of its officers, agents, or employees for whom the implementation or enforcement of this title shall be discretionary and not mandatory.

(2) Nothing contained in this title is intended to be nor shall be construed to create or form the basis for any liability on the part of the city or its officers, agents, and employees for any injury or damage resulting from the failure of any premises to abate a nuisance or to comply with the provisions of this title or be a reason or a consequence of any inspection, notice or order, in connection with the implementation or enforcement of this title, or by reason or a consequence of any inspection, notice or order, in connection with the implementation or enforcement of this title, or by reason of any action of the city related in any manner to enforcement of this title by its officers, agents or employees. (Ord. 2852 § 10 (Exh. A), 2011).

22A.010.130 Severability.

This title enacted under divisions, chapters, sections, clauses and other portions is declared to be severable. If any division, chapter, section, paragraph, clause or other portion or any part adopted by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title. If any division, chapter, section, paragraph, clause or any portion is adjudged invalid or unconstitutional as applied to a particular property, use, building or other structure, the application of such portion of this title to other property, use, buildings or structures shall not be affected. (Ord. 2852 § 10 (Exh. A), 2011).

22A.010.140 Savings.

Nothing contained in this title shall be construed as abating any action now pending under or by virtue of any ordinance of the city herein repealed, or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of passage of the ordinance codified in this title. (Ord. 2852 § 10 (Exh. A), 2011).

22A.010.150 Effective date.

The effective date of the UDC shall be February 28, 2011 (Ordinance No. 2852). (Ord. 2852 § 10 (Exh. A), 2011).

22A.010.160 Amendments.

The following amendments have been made to the UDC subsequent to its adoption:

Ordinance

Title (description)

Effective Date

 

 

 

2858

Traffic Impact Fee

Exemption Refunds

April 25, 2011

2865

Chapter 22C.085 MMC, 88th Street Master Plan – Design Guidelines

June 20, 2011

2870

Chapter 22C.270 MMC, Solar Energy Systems

September 26, 2011

2894

Plat Extensions

April 23, 2011

2898

2012 Code Clean-Up Amendments

June 18, 2012

2913

Expiration of Application

December 3, 2012

2914

Site Plan Review Code

December 3, 2012

2922

SPMP Design Guidelines Amendments

April 22, 2013

2923

Chapter 22C.110, Temporary Uses

April 22, 2013

2927

Site and Building Design and Open Space Standards

June 24, 2013

2979

Caretaker’s Quarters

December 18, 2014

2980

Master Planned Senior Communities

January 22, 2015

2981

Legislative Enactments

January 22, 2015

2982

Nonconforming Situations

January 22, 2015

2983

Sign Code

January 22, 2015

2985

Pet Daycares and Kennels

January 22, 2015

2986

Term for Expending Impact Fees

January 22, 2015

2987

State Environmental Policy Act (SEPA)

January 22, 2015

2988

State Environmental Policy (SEPA)

January 22, 2015

2989

Critical Areas Management – Geologic Hazards

January 22, 2015

2997

Impact Fee Deferment

July 23, 2015

3021

Eliminating Fee for Home Occupation Permits

June 23, 2016

3022

Marijuana Regulations

June 23, 2016

3032

Subdivision, Short Subdivision and BSP Terms

September 22, 2016

3035

Low-Impact Development Update

December 31, 2016

3053

Lakewood Neighborhood Master Plan Area – Design Requirements

March 27, 2017

3054

2016 Code Clean-Up Amendments

April 20, 2017

3057

2017 Code Clean-Up Amendments

May 8, 2017

3073

Critical Areas Ordinance Update

December 21, 2017

3074

Residential Density Incentives

December 21, 2017

3075

Final Subdivision – Administrative Approval

December 21, 2017

3085

Supervised Drug Consumption Facilities

February 22, 2018

3086

Miscellaneous Light Manufacturing Permitted in GC Zone

February 22, 2018

3093

2018 General Code Cleanup

May 24, 2018

3107

Definitions, Base Height and Notice Timeframes

November 22, 2018

3115

Manufacturing and Warehouse Parking Amendments

December 20, 2018

3125

Wireless Communication Facilities Amendments

April 18, 2019

3129

Wireless Communication Facilities Minor Amendments

July 18, 2019

3130

Cottage Housing Amendments

July 18, 2019

3136

Binding Site Plan Amendments

November 21, 2019

3137

Commercial Permitted Uses Amendments

November 21, 2019

3138

Planned Residential Development Amendments

November 21, 2019

3139

Residential Permitted Uses Amendment

November 21, 2019

3146

Shoreline Master Program Adoption and Definition Amendments

February 20, 2020

3151

Floodplain Management and Definition Amendments

June 16, 2020

3155

Qualified Scientific Professionals Amendment

September 23, 2020

3156

Minimum Required Parking Spaces Amendments

September 23, 2020

3159

Commercial Permitted Uses and Dimensional Amendments

October 20, 2020

3164

Mobile/Manufactured Home and RV Park Amendments

November 9, 2020

3167

Residential Permitted Uses – Tiny House Reference Correction

December 2, 2020

3168

Interim Ordinance – Enhanced Services Facilities

December 2, 2020

3180

Mini-Storage and Design Considerations Amendments

April 21, 2021

3191

Downtown Master Plan and Design Requirements

October 5, 2021

3192

Chapter 22E.040 Downtown Planned Actions

October 5, 2021

3193

Downtown Master Plan Update Amendments

October 5, 2021

3195

Chapter 22C.160 MMC Signs

October 5, 2021

3196

Enhanced Services Facilities

October 11, 2021

3203

Accessory Dwelling Units

January 19, 2022

3205

Transitional Housing Facilities, Permanent Supportive Housing, Emergency Housing and Emergency Shelters – Indoor

January 19, 2022

3206

Mobile Food Vendors

January 19, 2022

3207

Unified Development Code Administration

February 23, 2022

3210

Mylars

March 15, 2022

3211

Cascade Business Park – Zoning Map Amendment

March 15, 2022

3218

2019 SWMMWW Update

July 1, 2022

3219

Residential Density Incentives

June 22, 2022

(Ord. 3219 § 8, 2022; Ord. 3218 § 7, 2022; Ord. 3211 § 5, 2022; Ord. 3210 § 9, 2022; Ord. 3207 § 7, 2022; Ord. 3206 § 3, 2022; Ord. 3205 § 10, 2022; Ord. 3203 § 10, 2022; Ord. 3196 § 6, 2021; Ord. 3195 § 4, 2021; Ord. 3193 § 25, 2021; Ord. 3192 § 8, 2021; Ord. 3191 § 7, 2021; Ord. 3167 § 2, 2020; Ord. 3164 § 11, 2020; Ord. 3159 § 7, 2020; Ord. 3156 § 3, 2020; Ord. 3155 § 3, 2020; Ord. 3151 § 13, 2020; Ord. 3146 § 9, 2020; Ord. 3139 § 4, 2019; Ord. 3138 § 4, 2019; Ord. 3137 § 4, 2019; Ord. 3136 § 4, 2019; Ord. 3130 § 5, 2019; Ord. 3129 § 4, 2019; Ord. 3125 § 5, 2019; Ord. 3115 § 4, 2018; Ord. 3107 § 11, 2018; Ord. 3093 § 11, 2018; Ord. 3086 § 3, 2018; Ord. 3085 § 4, 2018; Ord. 3075 § 7, 2017; Ord. 3074 § 4, 2017; Ord. 3073 § 3, 2017; Ord. 3057 § 9, 2017; Ord. 3054 § 18, 2017; Ord. 3053 § 5, 2017; Ord. 3035 § 10, 2016; Ord. 3032 § 4, 2016; Ord. 3022 § 11, 2016; Ord. 3021 § 4, 2016; Ord. 2997 § 4, 2015; Ord. 2989 § 4, 2014; Ord. 2988 § 2, 2015; Ord. 2987 § 2, 2015; Ord. 2986 § 6, 2015; Ord. 2985 § 7, 2015; Ord. 2983 § 5, 2015; Ord. 2982 § 3, 2015; Ord. 2981 § 44, 2015; Ord. 2980 § 3, 2015; Ord. 2979 § 5, 2014; Ord. 2927 § 16, 2013; Ord. 2923 § 6, 2013; Ord. 2922 § 4, 2013; Ord. 2914 § 4, 2012; Ord. 2913 § 4, 2012; Ord. 2898 § 18, 2012; Ord. 2894 § 6, 2012; Ord. 2870 § 9, 2011; Ord. 2865 § 5, 2011; Ord. 2858 § 2, 2011; Ord. 2852 § 10 (Exh. A), 2011).