Marysville City Zoning Code

An applicant shall submit a request for modification, providing such information as is required by the director, including application fees.

Notice of the proposed modification shall be provided to contiguous property owners.

The request for modification meets the intent of the standards being modified.

The request for modification does not create any impacts or nuisances that cannot be mitigated, such as access points which are unsafe, noise, dust, odor, glare, visual blight or other undesirable environmental impacts.

The request for modification meets any additional modification criteria for specific uses in this title.

Must comply with the development standards in Chapter 22C.185 MMC.

Are only permitted accessory to a detached single-family residence or middle housing. Note: accessory dwelling units accessory to middle housing apply to the total allowed unit density for the lot.

In the R-MHP zone are only allowed on single lots of record.

Portions of a lot, parcel, or tract designated with critical areas pursuant to RCW 36.70A.170 or their buffers as required by RCW 36.70A.170, except for critical aquifer recharge areas where a single-family detached house is an allowed use; provided, that any requirements to maintain aquifer recharge are met.

A watershed serving a reservoir for potable water if that watershed is or was listed, as of July 23, 2023, as impaired or threatened under section 303(d) of the Federal Clean Water Act (33 U.S.C. Section 1313(d)).

Properties within shoreline jurisdiction.

Lots that have been designated urban separators by countywide planning policies as of July 23, 2023.

A lot that was created through the splitting of a single residential lot. Lot splitting is currently undefined in state law; however, lot splitting is not intended to refer to lots which have been or will be subdivided.

In the NR-4.5 designated areas depicted in the map below entitled, "Middle Housing Exemption Areas" until appropriate secondary public access, including an adequate second emergency access, is provided. Duplexes and planned residential developments are also not permitted until the aforestated access expectations are met. Said areas are generally located south of 108th Street NE, west of the Burlington Northern Santa Fe railroad, north of 90th Street NE, and east of 35th Avenue NE.

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.

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.

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.

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.

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;

Meet all design standards applicable to all other single-family homes in the neighborhood in which the manufactured home is to be located;

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:

Parks are permitted in residential zones when reviewed as part of a subdivision, mobile/manufactured home park, or multiple-family development proposal; otherwise, a conditional use permit is required;

Lighting for structures and fields shall be directed away from residential areas; and

Structures or service yards shall maintain a minimum distance of 50 feet from property lines adjoining residential zones.

Structures, driving ranges and lighted areas shall maintain a minimum distance of 50 feet from property lines adjoining residential zones.

Restaurants are permitted as an accessory use to a golf course.

Students are limited to 12 per one-hour session;

All instruction must be within an enclosed structure; and

Structures used for the school shall maintain a distance of 25 feet from property lines adjoining residential zones.

All buildings and structures shall maintain a minimum distance of 20 feet from property lines adjoining residential zones;

Any buildings from which fire-fighting equipment emerges onto a street shall maintain a distance of 35 feet from such street.

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;

All outdoor lights shall be deflected, shaded and focused away from all adjoining property;

The use of the facility shall be limited to dead storage of household goods;

No servicing or repair of motor vehicles, boats, trailers, lawn mowers or similar equipment;

No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals;

No residential occupancy of the storage units;

No business activity other than the rental of storage units to the apartment dwellings on the site; and

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.

They are located on existing parking lots for churches, schools, or other permitted nonresidential uses which have excess capacity available during commuting hours; and

The site is adjacent to a designated arterial that has been improved to a standard acceptable to the department.

The community development director may approve construction of model homes subject to the following conditions:

Prior to occupancy of any model home, the final plat of the subject subdivision shall be approved and recorded.

Name and contact information for key staff;

Roles and responsibilities of key staff;

Site/facility management, including a security and emergency plan;

Site/facility maintenance;

Occupancy policies, 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;

Provision of human and social services, including staffing plan and outcome measures;

Outreach with surrounding property owners and residents and ongoing good neighbor policy;

Procedures for maintaining accurate and complete records; and

Additional information as requested by the community development director to ensure current best practices for permanent supportive housing and transitional housing facilities are used.

It is unlikely that the primary building on the subject property could be preserved if only uses permitted in the underlying zone were allowed.

Allowing a different use would enhance the character of the building and immediate vicinity.

The use would not have a detrimental effect upon surrounding properties or the immediate vicinity.

Dwelling units. Density based on underlying zoning;

Assisted living facilities;

Libraries;

Museums and art galleries;

Social service facilities;

Public services;

Artist studios;

Music venues;

Cafes and bistros;

Live-work units;

Bed and breakfast inn;

Other uses not listed above if determined through the review process to be compatible with surrounding properties and the immediate vicinity.

The adaptive reuse would promote or aid in the preservation or rehabilitation of the primary building.

No significant impacts to public safety.

Compliance with noise, building and fire codes.

Hours of the day of proposed use or activity are compatible with surrounding uses.

Proposed management and operational procedures to minimize and mitigate potential impacts.

Other factors not specified herein that would create a conflict with the surrounding uses, or uses that are permitted in the zone.

Expansions to the primary building shall not exceed 10 percent of the existing footprint or 500 square feet, whichever is greater, and will not detrimentally affect the outside character of the building. Expansions shall comply with the bulk and dimensional standards of the underlying zone.

Approval. The city may approve a proposal that is found to be compatible with surrounding land uses.

Denial. Any proposal that would be incompatible with or adversely affect properties in the immediate vicinity shall be denied.

Revocation. The city shall retain the right to revoke an approval issued under this section that fails to comply with any conditions of said approval, or which operates in a manner inconsistent with representations made in the application.

Subsection (2) of this section contains general density and dimension standards for the various zones and limitations specific to a particular zone(s). Additional rules and exceptions, and methodology, are set forth in MMC § 22C.010.100 through § 22C.010.250.

The density and dimension table is arranged in a matrix format and is delineated into different dimensional categories.

Development standards are listed down the left side of the table, and the zones are listed at the top. The matrix cells contain the minimum dimensional requirements of the zone. The parenthetical numbers in the matrix identify specific requirements applicable either to a specific use or zone set forth in MMC § 22C.010.090. A blank box indicates that there are no specific requirements. If more than one standard appears in a cell, each standard will be subject to any applicable parenthetical footnote following the standard.

The maximum density for the R-12, R-18, R-28 and WR-R-6-18 zones may only be achieved through the application of residential density incentive provisions outlined in Chapter 22C.090 MMC.

The maximum density for the NR-4.5 and NR-6.5 zones is limited to planned residential developments developed pursuant to Chapter 22G.080 MMC and requires the application of residential density incentive provisions outlined in Chapter 22C.090 MMC.

Accessory Dwelling Units.

Middle housing, as defined in MMC § 22A.020.140, is allowed for all lots zoned predominantly for residential use as follows:

The absence of water or sewer service may limit redevelopment or additional development until such time sewer infrastructure improvements are made.

Height limits may be increased when portions of the structure which exceed the base height limit provide one additional foot of street and interior setback beyond the required setback for each foot above the base height limit; provided, that the maximum height may not exceed 60 feet.

Multiple-family developments, located outside of the downtown neighborhood, abutting or adjacent to areas zoned as single-family, or areas identified in the comprehensive plan as single-family, may have no more floors than the adjacent single-family dwellings, when single-family is the predominant adjacent land use.

The 50 percent impervious surface coverage applies to complete land use applications for subdivisions submitted on or after the effective date of Ordinance 3057, adopted May 8, 2017; provided, however, in the case of approved development applications that have not yet started construction, an applicant may file for a minor revision to the approved land use application in accordance with MMC § 22G.010.260.

Building coverage and impervious surface area standards for:

Twenty feet along any property line abutting the NR-4.5 and NR-6.5 zones; or

The average setback of the NR-4.5 and NR-6.5 zoned and platted single-family detached dwelling units from the common property line separating said dwelling units from the adjacent townhouse or apartment development, provided the required setback applied to said development shall not exceed 60 feet. The setback shall be measured from said property line to the closest point of each single-family detached dwelling unit, excluding projections allowed per MMC § 22C.010.210 and accessory structures existing at the time the townhouse or apartment development receives approval by the city.

Step 1: Calculate the net acreage by using the "net project area" definition in MMC § 22A.020.150, "N" definitions.

Step 2: Multiply the net acreage by the units or lots per acre allowed by the zone as set forth in MMC § 22C.010.080.

Step 3: When calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows:

The lot was established by conveyance of record prior to August 10, 1969, and its dimensions have not been modified since said conveyance, or the lot was created by an approved plat and satisfied the bulk and dimensional requirements applicable at the time of its creation; and

The lot is not less than 4,000 square feet in size, or such greater size as may be required by the Snohomish health district if an on-site sewage disposal system is involved; and

Development of the lot will comply with all bulk and dimensional regulations in this chapter, with the exception of minimum lot size and width, along with off-street parking, as such regulations exist on the date of application for development permits.

Limited to two per facade;

Not wider than 10 feet; and

Not more than 24 inches into a side setback or 30 inches into a front or rear setback;

Eighteen inches into side setbacks; and

Five feet into the front or rear setback;

Twenty-four inches into a side setback;

Thirty-four inches into a front or rear setback; or

Eighteen inches across a lot line in a zero lot line development.

They are not located within a utility or access easement; and

Flags are not displayed in a manner that would cause the flag to encroach onto a neighboring property.

Roof structures housing or screening elevators, stairways, tanks, ventilating fans or similar equipment required for building operation and maintenance; and

Fire or parapet walls, skylights, chimneys, smokestacks, church steeples, and utility line towers and poles.

Such improvements prevent adequate sight distance to drivers entering or leaving a driveway; and

No reasonable driveway relocation alternative for an adjoining lot is feasible.

Fifty percent of the site in the R-4.5, R-6.5, R-8 and WR-R-4-8 zones.

Sixty percent of the site in the R-12, R-18, R-28 and WR-R-6-18 zones.

Seventy percent of the site in the R-4.5, R-6.5, R-8 and WR-R-4-8 zones.

Eighty percent of the site in the R-12, R-18, R-28 and WR-R-6-18 zones.

These design standards apply to all new planned residential developments (PRD) in any zone, multifamily structures in any zone and residential development within the following zones: high density multiple-family (R-28), medium density multiple-family (R-18), low density multiple-family (R-12), and neighborhood residential (NR-4.5 and NR-6.5). Nonresidential development in residential zones (e.g., churches, schools, offices, etc.) shall be subject to the design standards set forth in MMC § 22C.020.250.

The standards specified in the following sections shall be applied by the city to individual building permits for single-family residences and middle housing, MMC § 22C.010.310; and accessory uses, Chapter 22C.180 MMC; provided, that the applicable standards shall be those in effect on the date that the city approves the preliminary subdivision, short subdivision, or binding site plan, whichever is applicable, unless the applicant opts to have the city apply the standards that may have been revised by the city after such date.

The following activities shall be exempt from these standards:

These standards capture the community visions and values as reflected in the comprehensive plan's neighborhood planning areas. The city's community development director (hereinafter referred to as director) retains full authority to determine whether a proposal meets these standards. The director is authorized to promulgate guidelines, graphic representations, and examples of designs and methods of construction that do or do not satisfy the intent of these standards.

Within these standards, certain words are used to indicate the relative importance and priority the city places upon a particular standard.

The project proponent may submit proposals that he/she feels meet the intent of the standards but not necessarily the specifics of one or more standards. In this case, the director will determine if the intent of the standard has been met.

Provide a housing type that responds to changing household sizes and ages (e.g., retirees, small families, single-person households);

Provide opportunities for ownership of small, detached units within a single-family neighborhood;

Encourage creation of more usable space for residents of the development through flexibility in density and lot standards;

Support the growth management goal of more efficient use of urban residential land; and

Provide guidelines to ensure compatibility with surrounding uses.

Cottage housing developments that are developed with all cottages located on a common lot shall be processed in accordance with Chapter 22G.120 MMC, Site Plan Review; and

Cottage housing developments that are developed with cottages on individual lots shall be processed in accordance with Chapter 22G.090 MMC, Subdivisions and Short Subdivisions, or Chapter 22G.095 MMC, Unit Lot Subdivisions.

Community Buildings. Commonly owned community building(s) for the use of the residents of the cottage housing development are allowed but not required. Where provided, common buildings must be centrally located; clearly incidental in use and size to the rest of the development; and similar in design (i.e., roof pitch, architecture, materials and colors) to the cottage units. Common buildings may include meeting space, recreational facilities, a food preparation area, sinks, and toilets, but shall not include commercial uses, sleeping quarters, or bathing facilities (unless the bathing facility is clearly incidental to a recreational facility located within the common building).

Garages or carports as outlined in subsection (11) of this section.

Community gardens, play structures, and similar amenities for use of the occupants of the cottage housing development.

Density shall be calculated pursuant to MMC § 22C.010.110, Calculations – Allowable dwelling units.

Existing detached single-family residences, which may be nonconforming with respect to the standards of this section, shall be permitted to remain; provided, that the extent of the nonconformity may not be increased. Said residences shall be included in the maximum permitted cottage density, and must meet the applicable density and dimensional requirements of the underlying zone.

The front and rear yard setbacks for cottages and two-story accessory structures shall be increased to 20 feet along the perimeter of cottage housing developments that abut existing single-family residential development or single-family zoned properties; provided, that this requirement shall not apply along perimeter boundaries abutting public right-of-way, or for infill lots located within the downtown neighborhood.

The side or rear yard setback adjacent to a public street or private drive aisle shall be 10 feet except when the side or rear yard abuts a designated arterial, in which case the setback shall be increased to 15 feet.

There shall be a minimum separation of six feet between principal structures; provided, that:

The impervious surface coverage allowances apply to the overall development site (when subdivision is not proposed), or to the individual lots.

Cottage floor area shall be subject to the following standards:

Open space shall be provided equal to a minimum of 20 percent of the development site. This may include common open space, private open space, setbacks, critical areas, and other open space.

Cottages shall be oriented around and have their main entry from the common open space.

Each cottage shall abut the common open space, and the common open space shall have cottages abutting at least two sides.

Four hundred square feet of open space shall be provided (200 square feet of private open space and 200 square feet of common open space).

Private open space shall:

Common open space shall:

Inviting Facade. Each cottage unit shall have an inviting facade for any facades abutting common open space areas, public rights-of-way, and private roads or accesses serving the cottage housing development. If a cottage unit abuts more than one public right-of-way or private road or access, the director shall determine which access the inviting facade shall be oriented towards.

Building Character Proportionality and Massing. Size and height reductions of cottage housing, design techniques and perimeter buffer landscaping shall be used to promote compatibility with the surrounding neighborhood and proportionality and massing of new cottage development adjacent to existing single-family neighborhoods.

Variety in Buildings and Visual Interest With Consistency in Architectural Style. The building designs and layout shall prevent the repetitive use of the same combination of building features, building layout, and site design elements within any cottage development, grouping of cottages, and adjacent dwellings.

Variety in Building Design. Provide variety and visual interest by using a combination of building elements, features and treatments in cottages as well as garages. Structures must include building articulation, change in materials or textures, windows, or other architectural features. A minimum of at least one side articulation or roof break shall occur for side elevations facing public streets or common open spaces or walkways to the common open spaces. No blank walls are allowed. The following building elements, features, and treatments that provide variety and visual interest shall be used in combination to create variety in building design, but are not limited to:

Access to parking shall be from the alley when the cottage housing development abuts a platted alley improved to the city's engineering design and development standards, or when the director determines that alley access is feasible and desirable to mitigate parking access impacts.

For cottage housing developments where all of the cottages are located on a common lot and alley access is not available, the private drive aisle standards outlined in MMC § 22C.130.050, Table 2, shall apply.

For cottage housing developments where the cottages will be subdivided onto individual lots, the city's PRD and cottage housing street standards as set forth in the engineering development and design standards ("EDDS") shall apply. The "PRD Access Street" standard shall apply where fewer than 20 dwelling units are proposed, and the "PRD Access Street with Parking" standard shall apply where 20 or more dwelling units are proposed. Modifications to the "PRD Access Street" and the "PRD Access Street with Parking" standards may be requested for sidewalks, planter strips, and on-street parking. The burden to clearly demonstrate the proposed modification meets the requirements of this section is the applicant's. (Note: it is not likely multiple reductions will be allowed along a single section of road.) If requesting a modification, the applicant shall submit an integrated pedestrian travel, landscape and parking plan as well as other information to demonstrate:

Five-foot-wide pedestrian pathways (sidewalks) must be included to provide for movement of residents and guests from parking areas to homes and other amenities.

The number of off-street parking spaces shall be provided as set forth in MMC § 22C.130.030, Table 1, and shall meet the dimensions set forth in MMC § 22C.130.050, Table 2.

Parking stalls, garages and carports must be screened from public streets or abutting residential properties.

Parking stalls, garages and carports shall be located in the following preferential order:

Parking stalls, garages and carports must meet the front yard setback requirements outlined in subsection (6) of this section.

Parking areas must be in clusters of not more than six adjoining spaces. Landscaping or other architectural features shall separate clusters of parking, and clusters of parking from common areas.

The parking area should not be the major view from the public right-of-way or street. Landscaping, cottages, or the common area should provide the view into the cottage development.

Garages and carports shall be located so their visual presence is minimized, and associated noise or other impacts do not intrude into public spaces.

The architectural design of all garages and carports must be similar and compatible to that of the cottage dwelling units within the development.

Garage and carport rear and side elevations facing the public street or adjacent existing development shall have architectural details to minimize the impact of the facade.

A six-single-vehicle-stall garage or carport is the maximum number allowed in any garage or carport.

Shared detached garage structures shall be reserved for the parking of vehicles owned by the residents of the development. Storage of items which precludes the use of the parking spaces for vehicles is prohibited.

Boundaries between cottage dwellings and neighboring properties shall be screened with landscaping to reduce the appearance of bulk or intrusion onto adjacent properties, or otherwise treated (i.e., through setbacks or architectural techniques) to meet the intent of this section.

Yard and open space fencing within the cottage housing development shall not exceed three and one-half feet tall.

Trash and Recycling Container Enclosure and Landscape Screening. All dumpster containers, individual refuse containers, and trash compactors shall be enclosed per the following standards:

The modification is consistent with the objectives of this chapter.

The modification will not result in a development that is less compatible with neighboring land uses.

Prior to submitting a building permit application, all development to which these standards apply shall be required to submit a site plan and elevations addressing the standards in this section for administrative review and approval by the community development director.

The site and building design standards of this section apply to multifamily developments, whereas only subsections (2) and (4) of this section apply to single-family and condominium developments.

The crime prevention through environmental design (CPTED) provisions of this section apply to all new multifamily developments of 10 or more units and planned residential developments.

The site shall be oriented and designed to create an attractive street edge and accommodate pedestrian access. The following provisions apply:

The development shall provide site development features that are visible and pedestrian-accessible from the street. These features could include plazas, open space areas, recreational areas, architectural focal points, and access lighting.

The development shall create a well-defined streetscape to allow for the safe movement of pedestrians.

For multifamily residences, no more than 50 percent of the total parking spaces may be located between the building and the primary public street (street from which primary access is obtained) unless it is not feasible due to parcel size, topography, environmental conditions, or other facts as determined by the director. Where the property fronts on more than one public street, this provision applies to only one street frontage.

For multifamily residences, parking lots shall not be located at the intersection of public streets unless no feasible alternative location exists.

Where adjacent buildings and neighborhoods are consistent with the comprehensive plan and desired community character, new buildings and structures should consider the visual continuity between the proposed and existing development with respect to building setbacks, placement of structures, location of pedestrian/vehicular facilities and spacing from adjoining buildings. Solar access of the subject and adjacent properties should be considered in building design and location.

Harmony in texture, lines and masses is encouraged.

Attractive landscape transition to adjoining properties shall be provided.

Public and quasi-public buildings and structures shall be consistent with the established neighborhood character.

Parking lot screening and interior landscaping shall be provided consistent with Chapter 22C.120 MMC. The following criteria shall guide review of plans and administration of the landscaping standards in the zoning code:

Street Landscaping. Where the site plan includes streetscape plantings, the following guidelines apply:

Exterior lighting shall be part of the architectural concept. Lighting shall enhance the building design and adjoining landscaping. Appropriate lighting levels shall be provided in all areas used by pedestrians or automobiles, including building entries, walkways, parking areas, circulation areas, and other open space areas, in order to ensure safety and security; enhance and encourage evening activities; and provide a distinctive character to the area. New developments shall provide a lighting site plan which identifies lighting equipment, locations and standards, and implements the following design standards:

Access Control. Guidance of people coming and going from a building or site by placement of real and perceived barriers. Provision of natural access control limits access and increases natural surveillance to restrict criminal intrusion, especially into areas that are not readily observable.

Surveillance. Placement of features, uses, activities, and people to maximize visibility. Provision of natural surveillance helps to create environments where there is plenty of opportunity for people engaged in their normal behavior to observe the space around them.

Territoriality/Ownership. Delineation of private space from semi-public and public spaces that creates a sense of ownership. Techniques that reduce the perception of areas as "ownerless" and, therefore, available for undesirable uses.

Balconies or decks in upper stories, at least one balcony or deck per upper floor on the facades facing streets, provided they are integrated into the architecture of the building;

Bay windows or other window treatments that extend out from the building face;

At least 150 square feet of pedestrian-oriented space for each 100 lineal feet of building facade;

First floor individual windows, generally less than 32 square feet per pane and separated from the windows by at least a six-inch molding;

A porch or covered entry;

Spatially defining building elements, such as a trellis, overhang, canopy, or other element, that defines space that can be occupied by people;

Upper story setbacks, provided one or more of the upper stories are set back from the face of the building at least six feet;

Composing smaller building elements near the entry of pedestrian-oriented street fronts of large buildings;

Landscaping components that meet the intent of these standards; and/or

The director may consider other methods to provide human-scale elements not specifically listed here. The proposed methods must satisfy the intent of these standards.

Vertical Facade Modulation. All new residential buildings shall provide modulation (measured and proportioned inflexion or setback in a building's facade) on facades facing a street, common open space, public area, or common parking area as follows:

Facade Articulation. All new residential buildings shall include two of the following articulation features at intervals of no more than 30 feet along all facade facing a street, common open space, public area, and common parking areas:

Roofline Modulation. Roofline modulation can be used in order to articulate the structure:

A distinct entry feature that provides weather cover that is at least three feet deep must be provided for the primary entrance(s) to residential units. Figures 7 and 8 demonstrate this requirement.

Access to Residential Units. Ground floor residential units facing a street or common open space shall be directly accessible from the applicable street or open space.

Townhouse Entrances. Townhomes and all other multifamily dwelling units with private exterior ground floor entries shall provide at least 20 square feet of landscaping adjacent to the entry. This is particularly important for units where the primary entrance is next to private garages off an interior access road. Such landscaping areas soften the appearance of the building and highlight individual entries. See Figure 8 for an example of what is desired and Figure 9 for an example of what is unacceptable.

Decorative porch design with distinct design and use of materials.

Decorative treatment of windows and doors such as decorative molding/framing details around all ground floor windows and doors, bay windows, decorative glazing, or door designs and/or unique window designs.

Landscaped trellises or other decorative element that incorporates landscaping near the building entry or entries.

Decorative light fixtures with a diffuse visible light source, such as a globe or "acorn" that is nonglaring or a decorative shade or mounting for each building entry on the facade.

Brick or stonework covering more than 10 percent of the facade.

Decorative building materials that add visual interest, including:

Decorative roofline design, including multiple gables and/or dormers or other design that adds distinct visual interest.

Decorative railings, grill work, or terraced landscape beds integrated along the facade of the building.

Decorative balcony design, such as distinctive railings.

Other details that meet the intent of the standards as approved by the director.

Building exteriors shall be constructed from high-quality, durable materials. Building materials such as masonry, stone, lap-siding, and wood are encouraged.

The following materials are prohibited in visible locations unless an exception is granted by the director based on the integration of the material into the overall design of the structure:

A wall (including building facades and other exterior building walls, retaining walls, and fences) is defined as a blank wall if:

All blank walls visible from a public street, sidewalk, trail, interior pathway, or parking lot shall be treated in one or more of the following measures:

If the lot abuts an alley, the garage or off-street parking area shall take access from the alley, unless precluded by steep topography. No curb cuts shall be permitted unless access from the alley is precluded by steep topography.

The minimum driveway length may be reduced to between six and zero feet for garages when the following conditions are met:

The rear yard setback may be reduced to zero feet to accommodate the garage.

If the garage does not extend to the property line or alley, the dwelling unit above the garage may be extended to the property line or alley.

Dwellings with a wall facing an alley must provide at least one window facing the alley to allow observation of the alley.

Avoiding the appearance of a long row of homes by means such as angling houses, varied street setbacks, and varied architectural design features.

Each dwelling unit shall have horizontal or vertical variation within each unit's front building face and between the front building faces of all adjacent units/structures to provide visual diversity and individual identity to each unit. Upon building permit application, a plot plan of the entire structure shall be provided by the builder to show compliance with this requirement. The director or designee shall review and approve or deny the building design, which may incorporate variations in rooflines, setbacks between adjacent buildings, and other structural variations.

The same building plans cannot be utilized on consecutive lots. "Flip-flopping" of plans is not permitted; provided, that upon demonstration to the director that the alteration of building facades would provide comparable visual diversity and individual identity to the dwelling units as different building plans, this provision shall not apply. Materials and/or methods which may be utilized to achieve visual diversity include, but are not limited to, use of differing siding material, building modulations and roofline variations.

Side facades visible from streets or shared accesses shall have siding similar to the front facade and windows on a minimum of five percent of the side facade; provided, that the director may allow a reduction in windows where the side facade incorporates other features that provide comparable visual interest.

Space shall be large enough to provide functional leisure or recreational activity area per the director. For example, long narrow spaces less than 20 feet wide rarely, if ever, can function as usable common open space.

Consider space as a focal point of development.

Open space, particularly children's play areas, shall be visible from dwelling units, positioned near pedestrian activity, and be accessible to all units.

Space shall feature paths, plantings, seating, lighting and other pedestrian amenities to make the area more functional and enjoyable.

Individual entries shall be provided onto common open space from adjacent ground floor residential units. Small, semiprivate open spaces for adjacent ground floor units that maintain visual access to the common area are strongly encouraged to enliven the space.

Separate common space from ground floor windows, streets, service areas and parking lots with landscaping and/or low-level fencing, where desirable.

Space shall be oriented to receive sunlight, facing east, west, or (preferably) south, when possible.

Required setbacks, landscaping, driveways, parking, or other vehicular use areas shall not be counted toward the common open space requirement; provided, that side and rear setbacks may contribute to open space on infill lots when the director determines that the setback area provides functional leisure or recreational area.

Rooftops or rooftop decks shall not be considered as common open space for the purpose of calculating minimum open space area; provided, that the director may consider rooftops or rooftop decks as common open space where usable open space amenities are provided and available to all residents.

Outdoor open space shall not include areas devoted to parking or vehicular access.

Individual balconies that provide a space usable for human activity. To qualify, the balconies shall be at least 36 square feet and have no dimension less than six feet.

Natural areas that function as an amenity to the development, subject to the following requirements and recommendations:

Storm water retention areas if the facility has natural-looking edges, natural vegetation, and no fencing except along the property line. The design of such areas shall go well beyond functional storm water requirements per the director in terms of the area involved and the quality of landscaping and resident amenities. The side slope of the storm water facilities shall not exceed a grade of 1:3 (one vertical to three horizontal) unless slopes are existing, natural, and covered with vegetation.

Active recreation facilities may include, but are not limited to, exercise rooms, sports courts, swimming pools, tennis courts, game rooms, or community centers; and

Indoor recreation areas may be credited towards the total recreation space requirement, when the director determines that such areas are located, designed and improved in a manner which provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors.

The dedicated area is at least one and one-half acres in size, except when adjacent to an existing or planned public park;

The dedicated land provides one or more of the following:

The entire dedicated area is located less than one mile from the project site.

One and one-half square feet per dwelling unit in multiple-dwelling developments except where the development is participating in a public agency-sponsored or approved direct collection program in which individual recycling bins are used for curbside collection;

Two square feet per every 1,000 square feet of building gross floor area in office, educational and institutional developments.

The required storage area shall be dispersed in collection points throughout the site when a residential development comprises more than one building.

There shall be one collection point for every 30 dwelling units.

Collection points may be located within residential buildings, in separate buildings/structures without dwelling units, or outdoors.

Collection points located in separate buildings/structures or outdoors shall be no more than 200 feet from a common entrance of a residential building.

Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic on-site or project into any public right-of-way.

Storage space may be allocated to a centralized collection point.

Outdoor collection points shall not be located in any required setback areas.

Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic on site or project into any public right-of-way.

Access to collection points may be limited, except during regular business hours and/or specified collection hours.

Dimensions of the collection points shall be of sufficient width and depth to enclose containers for recyclables.

Architectural design of any structure enclosing an outdoor collection point or any building primarily used to contain a collection point shall be consistent with the design of the primary structure(s) on the site.

Collection points shall be identified by signs not exceeding two square feet.

A six-foot wall or fence shall enclose any outdoor collection point.

Enclosures for outdoor collection points and buildings used primarily to contain a collection point shall have gate openings at least 12 feet wide for haulers. In addition, the gate opening for any building or other roofed structure used primarily as a collection point shall have a vertical clearance of at least 12 feet.

Weather protection of recyclables shall be ensured by using weather-proof containers or by providing a roof over the storage area.

The standards apply to walls, fences, trellises, arbors and screens of all types whether open, solid, wood, metal, wire, masonry or other material.

No barbed or razor-wire fence shall be permitted, except for the following:

Access Streets.

Arterial Streets.

When a protective fence is located on top of a rockery, any portion of the fence above a height of six feet shall be an open-work fence.

Open wire mesh or similar type fences may be erected in excess of the maximum heights permitted in this code on the periphery of playgrounds associated with private and public schools and parks, public facilities, transmitter and transformer sites, and government installations where security or public safety is required.

The height of a fence or freestanding wall, retaining wall or combination of the same shall be measured from its top surface, board, rail, or wire to the natural elevation of the ground on which it stands.

Where the finished grade is a different elevation on either side of a fence, the height may be measured from the side having the highest elevation.

Front Lot Line.

Side lot line: No setback requirement.

Rear lot line: No setback requirement.

For special rules relating to fences and walls near fire hydrants, see MMC § 14.03.050(2) and the International Fire Code.

The community development director shall have authority to administratively grant a variance to the fence requirements outlined in this section. The community development director is authorized to issue variances in cases of special hardships, unique circumstances and practical difficulties. No variance shall be granted which would be detrimental to the public health, welfare or environment.

Variance requests shall be submitted in writing on a form provided by the city. At the time the applicant submits the variance request to the city, the applicant shall also provide written notification of the variance request to immediately adjoining property owners by first class mail or personal service. Said notice shall include an adequate description of the height and location of the proposed fence.

In considering a request for a modification of the fence requirements outlined in subsections (1) through (4) of this section, the community development director shall consider the following factors:

Each variance request shall be considered on a case-by-case basis, and the resulting decision shall not be construed as setting precedent for any subsequent application.

The decision of the community development director on a variance application shall be final, subject to appeal to the city hearing examiner pursuant to the procedures in Chapter 22G.010 MMC, Article VIII, Appeals. Appeals shall be filed within 14 calendar days of the written decision of the community development director.

Rental housing: 60 percent.

Owner-occupied housing: 80 percent.

Be provided in a range of sizes comparable to other units in the development.

The number of bedrooms in affordable units shall be in the same proportion as the number of bedrooms in units within the entire development.

Generally, be distributed throughout the development and have substantially the same functionality as the other units in the development.