Land Use Standards
The residential zones implement the single-family and higher density residential goals and policies and land use plan map designations of the comprehensive plan. They are intended to preserve land for housing and to provide housing opportunities for individual households. The zones are distinguished by the uses allowed and the intensity of development allowed. The differences in the zoning categories reflect the diversity of residential areas in the city. The limits on the intensity of uses and the development standards promote the desired character for the residential area. The standards are intended to provide certainty to property owners, developers and neighbors of what is allowed in the various categories. (Ord. 2852 § 10 (Exh. A), 2011).
The full names, short names and map symbols of the single-family and higher density residential zones are listed below:
Full Name | Short Name/Map Symbol |
|---|---|
Medium density single-family | R-4.5 |
High density single-family | R-6.5 |
High density single-family, small lot | R-8 |
Whiskey Ridge, high density single-family | WR-R-4-8 |
Low density multiple-family | R-12 |
Medium density multiple-family | R-18 |
High density multiple-family | R-28 |
Whiskey Ridge, medium density multiple-family | WR-R-6-18 |
Residential mobile home park | R-MHP |
Small farms overlay | SF (suffix to zone’s map symbol) |
Property-specific development standards | P (suffix to zone’s map symbol) |
(Ord. 2852 § 10 (Exh. A), 2011).
(1) Neighborhood Residential 4.5 (NR-4.5). The NR-4.5 zone is a medium density single-family residential zone. It allows single-family residences, middle housing, and townhomes. The base density is 4.5 dwelling units or lots per acre. The major type of new development will be detached single-family residences, with middle housing and townhomes also permitted.
(2) Neighborhood Residential 6.5 (NR-6.5). The NR-6.5 zone is a high density single-family residential zone. It allows single-family residences, middle housing, and townhomes. The base density is 6.5 units or lots per acre. The major type of new development will be detached single-family residences, with middle housing and townhomes also permitted.
(3) Low Density Multiple-Family (R-12). The R-12 zone is a low density multiple-family residential zone. The major types of new housing development will be detached single-family residences, middle housing, townhouses, apartments and condominiums. The density is 12 units per acre; the maximum is limited to 18 units per acre.
(4) Medium Density Multiple-Family (R-18). The R-18 zone is a medium density multiple-family residential zone. The major types of new housing development will be detached single-family residences, middle housing, townhouses, apartments and condominiums. The density is 18 units per acre; the maximum is limited to 27 units per acre.
(5) High Density Multiple-Family (R-28). The R-28 zone is a high density multiple-family residential zone. The major types of new housing development will be detached single-family residences, middle housing, townhouses, apartments and condominiums. The density is 28 units per acre; the maximum is limited to 36 units per acre.
(6) Whiskey Ridge, Medium Density Multiple-Family (WR-R-6-18). The WR-R-6-18 zone is a medium density multiple-family residential zone. The major types of new housing development will be attached and detached single-family residential, middle housing, apartments and condominiums. The density is six units per acre for detached single-family and 10 units per acre for attached multiple-family; the maximum is limited to 18 units per acre.
(7) Residential Mobile Home Park (R-MHP). The R-MHP zone preserves high density, affordable detached single-family and senior housing. This zone is assigned to existing mobile home parks within residential zones which contain rental pads, as opposed to fee simple owned lots, and as such are more susceptible to future development. (Ord. 3366 § 39 (Exh. MM), 2025; Ord. 3352 § 42 (Exh. MM), 2025; Ord. 2852 § 10 (Exh. A), 2011).
The standards in this chapter state the allowed uses and development standards for the base zones. Sites with overlay zones, subarea or master plans are subject to additional standards. The official zoning maps indicate which sites are subject to these additional standards. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Permitted Uses (P). Uses permitted in the residential zones are listed in MMC 22C.010.060 with a “P.” These uses are allowed if they comply with the development standards and other standards of this chapter.
(2) Conditional Uses (C). Uses that are allowed if approved through the conditional use review process are listed in MMC 22C.010.060 with a “C.” These uses are allowed provided they comply with the conditional use approval criteria for that use, the development standards and other standards of this chapter. Uses listed with a “C” that also have a footnote number in the table are subject to the standards cited in the footnote. The conditional use review process and approval criteria are stated in Chapter 22G.010 MMC.
(3) Uses Not Permitted. If no symbol appears in the box at the intersection of the column and the row, the use is not permitted in that district, except for certain temporary uses.
(4) If a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above, the general requirements of this code and the specific conditions indicated in the development condition with the corresponding number as listed in MMC 22C.010.070.
(5) If more than one letter-number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitation or conditions depending on the review process indicated by the letter, the general requirements of this code and the specific conditions indicated in the development condition with the corresponding number as listed in MMC 22C.010.070.
(6) All applicable requirements shall govern a use whether or not they are cross-referenced in a section. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Use Regulations That May Be Modified. An applicant may propose, and the director may approve, deny or conditionally approve a modification of the special regulations and notes in MMC 22C.010.070.
(2) Review Process.
(a) An applicant shall submit a request for modification, providing such information as is required by the director, including application fees.
(b) Notice of the proposed modification shall be provided to contiguous property owners.
(3) Evaluation Criteria. Any proposal to modify use regulations shall not undermine the intent of the standards. The director shall not approve a request for modification unless the proposal provides design elements or other appropriate mitigation equivalent or superior to what would likely result from compliance with the use regulations which are proposed to be modified. The director shall consider the following criteria in making a decision:
(a) The request for modification meets the intent of the standards being modified.
(b) 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.
(c) The request for modification meets any additional modification criteria for specific uses in this title. (Ord. 3207 § 3, 2022).
Specific Land Use | NR-4.5 | NR-6.5 | R-12 | R-18 | R-28 | WR | R-MHP |
|---|---|---|---|---|---|---|---|
Residential Land Uses | |||||||
Dwelling Units, Types: | |||||||
Single detached (14) | P11 | P11 | P11 | P11 | P11 | P11 | P43 |
Model home | P30 | P30 | P30 | P30 | P30 | P30 | P30 |
Cottage housing (14) | P6 | P6 | P6 | P6 | P6 | P6 |
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Townhouse | P3, 8 | P8 | P | P | P | P |
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Middle housing (3) | P | P | P | P | P | P |
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Multiple-family |
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| P | P | P | P |
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Mobile home | P12 | P12 | P12 | P12 | P12 | P12 | P12 |
Mobile/manufactured home park | C | C |
| P | P |
| P45 |
Senior citizen assisted | C2 | C2 | P2 | P2 | P2 | P2 | C2 |
Factory-built | P7 | P7 | P7 | P7 | P7 | P7 | P7, 43 |
Recreational vehicle (44) | P | P | P | P | P | P | P |
Tiny house or tiny house with wheels (51) | P | P | P | P | P | P | P |
Group Residences: | |||||||
Adult family home | P | P | P | P | P | P | P |
Convalescent, nursing, retirement | C2 | C2 | P2 | P2 | P2 | P2 |
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Residential care facility | P | P | P | P | P | P |
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Master planned senior community (15) | C | C | P | P | P | P | C |
Transitional housing facilities (53) | P | P | P | P | P | P | P |
Permanent supportive housing (53) | P | P | P | P | P | P | P |
Emergency housing (54) |
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Emergency shelters – Indoor (54) |
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Accessory Uses: | |||||||
Residential accessory uses (1), (9), (10), (14), (49), (50) | P | P | P | P | P | P | P |
Home occupation (5) | P | P | P13 | P13 | P13 | P13 | P |
Temporary Lodging: | |||||||
Hotel/motel |
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Bed and breakfast guesthouse (4) |
| C | P | P | P | P |
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Bed and breakfast inn (4) |
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| P | P | P | P |
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Enhanced services facility (52) |
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Recreation/Cultural Land Uses | |||||||
Park/Recreation: | |||||||
Park | P16 | P16 | P16 | P16 | P16 | P16 | P16 |
Community center | C | C | C | C | C | C | C |
Amusement/Entertainment: | |||||||
Sports club |
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| C | C | C | C |
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Golf facility (17) | C | C | P | P | P | P |
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Cultural: | |||||||
Library, museum and art gallery | C | C | C | C | C | C | C |
Church, synagogue and temple | C | C | P | P | P | P | C |
General Services Land Uses | |||||||
Personal Services: | |||||||
Funeral home/crematory | C18 | C18 | C18 | C18 | C18 | C18 | C18 |
Cemetery, columbarium or mausoleum | P24 C19 | P24 C19 | P24 C19 | P24 C19 | P24 C19 | P24 C19 | P24 C19 |
Day care I | P20 | P20 | P20 | P20 | P20 | P20 | P20 |
Day care II | C25 | C25 | C | C | C | C | C25 |
Stable | C | C |
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Kennel or cattery, hobby | C | C | C | C | C | C |
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Electric vehicle (EV) charging station (38), (39) | P | P | P | P | P | P |
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EV rapid charging station (40), (41), (42) |
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| P | P | P | P |
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Health Services: | |||||||
Medical/dental clinic |
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| C | C | C | C |
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Supervised drug consumption facility |
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Education Services: | |||||||
Elementary, middle/junior high, and senior high (including public, private and parochial) | C | C | C | C | C | C | C |
Commercial school | C21 | C21 | C21 | C21 | C21 | C21 |
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School district support facility | C23 | C23 | C23 | C23 | C23 | C23 |
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Interim recycling facility | P22 | P22 | P22 | P22 | P22 | P22 |
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Vocational school |
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Government/Business Service Land Uses | |||||||
Government Services: | |||||||
Public safety facilities, including police and fire | C26 | C26 | C26 | C26 | C26 | C26 | C26 |
Utility facility | P | P | P | P | P | P | P |
Private storm water management facility | P | P | P | P | P | P | P |
Public storm water management facility | P | P | P | P | P | P | P |
Business Services: | |||||||
Self-service storage (31) |
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| C27 | C27 | C27 | C27 |
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Professional office |
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| C | C | C | C |
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Automotive parking | P29 | P29 | P29 | P29 | P29 | P29 |
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Model house sales office | P47 | P47 |
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Wireless communication facility (28) | P C | P C | P C | P C | P C | P C | P C |
State-Licensed Marijuana Facilities: | |||||||
Marijuana cooperative (48) |
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Marijuana processing facility – Indoor only (48) |
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Marijuana production facility – Indoor only (48) |
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Marijuana retail facility (48) |
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Retail/Wholesale Land Uses | |||||||
Forest products sales | P32 | P32 |
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Agricultural crop sales | P32 | P32 |
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Resource Land Uses | |||||||
Agriculture: | |||||||
Growing and harvesting crops | P34 | P34 |
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Raising livestock and small animals | P35 | P35 |
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Forestry: | |||||||
Growing and harvesting forest products | P34 | P34 |
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Fish and Wildlife Management: | |||||||
Hatchery/fish preserve (33) | C | C |
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Aquaculture (33) | C | C |
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Regional Land Uses | |||||||
Regional storm water management facility | C | C | C | C | C | C | C |
Nonhydroelectric generation facility | C | C | C | C | C | C | C |
Transit park and pool lot | P | P | P | P | P | P |
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Transit park and ride lot | C | C | C | C | C | C |
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School bus base | C36 | C36 | C36 | C36 | C36 | C36 |
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Racetrack | C37 | C37 | C37 | C37 | C37 | C37 |
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College/university | C | C | C | C | C | C |
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(Ord. 3366 § 40 (Exh. NN), 2025; Ord. 3352 § 43 (Exh. NN), 2025; Ord. 3331 § 1 (Exh. A), 2024; Ord. 3205 § 3, 2022; Ord. 3196 § 3 (Exh. A), 2021; Ord. 3164 § 4, 2020; Ord. 3139 § 3 (Exh. B), 2019; Ord. 3085 § 2, 2018; Ord. 3071 § 3, 2017; Ord. 3054 § 7, 2017; Ord. 3022 § 7, 2016; Ord. 2959 § 5, 2014; Ord. 2898 § 7, 2012; Ord. 2852 § 10 (Exh. A), 2011).
(1) Accessory dwelling units:
(a) Must comply with the development standards in Chapter 22C.185 MMC.
(b) 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.
(c) In the R-MHP zone are only allowed on single lots of record.
(2) Limited to three residents per the equivalent of each minimum lot size or dwelling units per acre allowed in the zone in which it is located.
(3) Middle housing is defined in MMC 22A.020.140 and contains two to four attached, stacked, or clustered homes, including triplexes, fourplexes, townhouses, courtyard apartments, and cottage housing on a parent lot. Single-family detached is not considered middle housing. Middle housing building types which contain more than two dwelling units (i.e., types other than duplexes) are allowed only when the lot is within one-quarter mile of a major transit stop or when one affordable housing unit is provided. Townhouses shall only be considered middle housing (a) when they have three to four dwelling units and are located within one-quarter mile of a major transit stop, or (b) when one dedicated affordable housing dwelling unit meeting the provisions in MMC 22C.010.400 is provided.
Middle housing is not allowed in or on:
(a) 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.
(b) 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)).
(c) Properties within shoreline jurisdiction.
(d) Lots that have been designated urban separators by countywide planning policies as of July 23, 2023.
(e) 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.
(f) 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.
(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) Townhouses are only allowed as part of a planned residential development (PRD) proposal or as allowed for middle housing. Townhouses in PRDs are subject to the same density as the underlying zone; provided, that middle housing is exempt from the maximum dwelling units per net acre but is subject to the maximum number of lots per net acre. Townhouses are limited to four dwelling units per building in single-family zones. Townhouses shall only be considered middle housing (a) when said structure contains three or four dwelling units and is located within one-quarter mile of a major transit stop, or (b) when one dedicated affordable housing dwelling unit meeting the provisions in MMC 22C.010.400 is provided.
(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 a commercial use and will be disallowed unless it complies with all requirements affecting commercial uses.
(10) Residential accessory structures must comply with development standards in Chapter 22C.180 MMC.
(11) Manufactured homes must:
(a) Be set on a permanent foundation, as specified by the manufacturer, enclosed with an approved concrete product from the bottom of the home to the ground which may be either load-bearing or decorative;
(b) Meet all design standards applicable to 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 as a primary residence in existing mobile/manufactured home parks established prior to June 12, 2008, subject to the requirements of Chapter 22C.230 MMC, Mobile/Manufactured Home Parks.
(13) Home occupations are limited to home office uses in multifamily dwellings. No signage is permitted in townhouse or multifamily dwellings; provided, that signage may be permitted for home occupations in middle housing units.
(14) No more than one single-family detached 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 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
(c) Structures or service yards shall maintain a minimum distance of 50 feet from property lines adjoining residential zones.
(17) Golf facilities shall comply with the following:
(a) Structures, driving ranges and lighted areas shall maintain a minimum distance of 50 feet from property lines adjoining residential zones.
(b) Restaurants are permitted as an accessory use to a golf course.
(18) Only as an accessory to a cemetery.
(19) Structures shall maintain a minimum distance of 100 feet from property lines adjoining residential zones.
(20) Only as an accessory to residential use and subject to the criteria set forth in Chapter 22C.200 MMC.
(21) Only as an accessory to residential use, provided:
(a) Students are limited to 12 per one-hour session;
(b) All instruction must be within an enclosed structure; and
(c) Structures used for the school shall maintain a distance of 25 feet from property lines adjoining residential zones.
(22) Limited to drop box facilities accessory to a public or community use such as a school, fire station or community center.
(23) Only when adjacent to an existing or proposed school.
(24) Limited to columbariums accessory to a church; provided, that existing required landscaping and parking are not reduced.
(25) Day care IIs must be located on sites larger than one-half acre and are subject to minimum standards identified in Chapter 22C.200 MMC for day care I facilities. Parking facilities and loading areas shall be located to the rear of buildings or be constructed in a manner consistent with the surrounding residential character. Evaluation of site suitability shall be reviewed through the conditional use permit process.
(26) Public safety facilities, including police and fire, shall comply with the following:
(a) All buildings and structures shall maintain a minimum distance of 20 feet from property lines adjoining residential zones;
(b) Any buildings from which fire-fighting equipment emerges onto a street shall maintain a distance of 35 feet from such street.
(27) Accessory to an apartment development of at least 12 units, provided:
(a) The gross floor area in self-service storage shall not exceed 50 percent of the total gross floor area of the apartment dwellings on the site;
(b) All outdoor lights shall be deflected, shaded and focused away from all adjoining property;
(c) The use of the facility shall be limited to dead storage of household goods;
(d) No servicing or repair of motor vehicles, boats, trailers, lawn mowers or similar equipment;
(e) No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals;
(f) No residential occupancy of the storage units;
(g) No business activity other than the rental of storage units to the apartment dwellings on the site; and
(h) A resident manager shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval.
(28) All WCFs and modifications to WCFs are subject to Chapter 22C.250 MMC including, but not limited to, the siting hierarchy, MMC 22C.250.060. WCFs may be a permitted use or a conditional use subject to MMC 22C.250.040.
(29) Limited to commuter parking facilities for users of transit, carpools or ride-share programs, provided:
(a) They are located on existing parking lots for churches, schools, or other permitted nonresidential uses which have excess capacity available during commuting hours; and
(b) The site is adjacent to a designated arterial that has been improved to a standard acceptable to the department.
(30) Model Homes.
(a) The community development director may approve construction of model homes subject to the following conditions:
(i) No model home shall be constructed without the issuance of a building permit;
(ii) In no event shall the total number of model homes in a preliminary subdivision be greater than nine;
(iii) A hard-surfaced roadway to and abutting all model homes shall be constructed to standards determined by the city engineer or designee;
(iv) Operational fire hydrant(s) must be available in accordance with the International Fire Code;
(v) 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.
(44) Recreational vehicles (RVs) are allowed as a primary residence in an established mobile/manufactured home park (MHP) subject to the requirements of Chapter 22C.230 MMC, Mobile/Manufactured Home Parks.
(45) MHPs shall fulfill the requirements of Chapter 22C.230 MMC, Mobile/Manufactured Home Parks.
(46) Reserved.
(47) Model house sales offices are subject to the requirements of MMC 22C.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.185.020.
(51) Tiny houses or tiny houses with wheels are allowed as a primary residence in an established mobile/manufactured home park (MHP) subject to the requirements of Chapter 22C.230 MMC, Mobile/Manufactured Home Parks.
(52) Enhanced services facilities are prohibited in all residential zones as such are identified and adopted in this chapter.
(53) An operations plan, to mitigate potential impacts on the surrounding community, must be provided by the sponsor and/or property owner at the time of application. The operations plan must address the following elements to the satisfaction of the city:
(a) Name and contact information for key staff;
(b) Roles and responsibilities of key staff;
(c) Site/facility management, including a security and emergency plan;
(d) Site/facility maintenance;
(e) 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;
(f) Provision of human and social services, including staffing plan and outcome measures;
(g) Outreach with surrounding property owners and residents and ongoing good neighbor policy;
(h) Procedures for maintaining accurate and complete records; and
(i) Additional information as requested by the community development director to ensure current best practices for permanent supportive housing and transitional housing facilities are used.
(54) Emergency housing and emergency shelters – indoor are prohibited in all residential zones as such are identified and adopted in this chapter. (Ord. 3366 § 41 (Exh. OO), 2025; Ord. 3352 § 44 (Exh. OO), 2025; Ord. 3331 § 2 (Exh. B), 2024; Ord. 3205 § 4, 2022; Ord. 3196 § 3 (Exh. A), 2021; Ord. 3167 § 1, 2020; Ord. 3164 § 5, 2020; Ord. 3139 § 3 (Exh. B), 2019; Ord. 3054 § 8, 2017; Ord. 3022 § 8, 2016; Ord. 2959 § 6, 2014; Ord. 2898 § 8, 2012; Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. The purpose of this section is to allow for adaptive reuse of nonresidential buildings in residential zones that are functionally obsolete in order to improve the economic feasibility of a property by considering uses that are not otherwise permitted, but which, if properly designed and managed, would not create unacceptable impacts on surrounding properties or the immediate vicinity in general. This process differs from the unlisted use process listed in MMC 22A.010.070 in that uses that are not specifically authorized in the residential zone may be considered using the process described herein.
(2) Procedures. Any request for adaptive reuse of nonresidential buildings shall be reviewed as a conditional use.
(3) Circumstances. The city may allow a use in a residential zone that is not specifically allowed in that zone if it is necessary to encourage adaptive reuse of a building under the following circumstances:
(a) It is unlikely that the primary building on the subject property could be preserved if only uses permitted in the underlying zone were allowed.
(b) Allowing a different use would enhance the character of the building and immediate vicinity.
(c) The use would not have a detrimental effect upon surrounding properties or the immediate vicinity.
(4) Uses That May Be Allowed. The following uses may be considered for adaptive reuse of an existing building in a residential zone; provided, that where a use listed below is allowed as either a permitted or conditional use in MMC 22C.010.060, it shall be reviewed in accordance with said section:
(a) Dwelling units. Density based on underlying zoning;
(b) Assisted living facilities;
(c) Libraries;
(d) Museums and art galleries;
(e) Social service facilities;
(f) Public services;
(g) Artist studios;
(h) Music venues;
(i) Cafes and bistros;
(j) Live-work units;
(k) Bed and breakfast inn;
(l) Other uses not listed above if determined through the review process to be compatible with surrounding properties and the immediate vicinity.
(5) Review Criteria. The following criteria shall be used as the basis for determining compatibility with surrounding uses and approving, denying, or conditionally approving a request to allow the adaptive reuse of a nonresidential building in a residential zone:
(a) The adaptive reuse would promote or aid in the preservation or rehabilitation of the primary building.
(b) No significant impacts to public safety.
(c) Compliance with noise, building and fire codes.
(d) Hours of the day of proposed use or activity are compatible with surrounding uses.
(e) Proposed management and operational procedures to minimize and mitigate potential impacts.
(f) Other factors not specified herein that would create a conflict with the surrounding uses, or uses that are permitted in the zone.
(g) 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.
(6) Actions Authorized.
(a) Approval. The city may approve a proposal that is found to be compatible with surrounding land uses.
(b) Denial. Any proposal that would be incompatible with or adversely affect properties in the immediate vicinity shall be denied.
(c) 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. (Ord. 3366 § 42 (Exh. PP), 2025; Ord. 3352 § 45 (Exh. PP), 2025; Ord. 3207 § 5, 2022).
(1) Interpretation of Table.
(a) Subsection (2) of this section contains general density and dimension standards for the various zones and limitations specific to a particular zone(s). Additional rules and exceptions, and methodology, are set forth in MMC 22C.010.100 through 22C.010.250.
(b) The density and dimension table is arranged in a matrix format and is delineated into different dimensional categories.
(c) Development standards are listed down the left side of the table, and the zones are listed at the top. The matrix cells contain the minimum dimensional requirements of the zone. The parenthetical numbers in the matrix identify specific requirements applicable either to a specific use or zone 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.
(2) General Densities and Dimension Standards.
| NR-4.5 | NR-6.5 | R-12 (13) | R-18 (13) | R-28 (13) | WR-R-6-18 (13)(16)(17) |
|---|---|---|---|---|---|---|
Base density: Dwelling unit or lot/acre (1)(3)(7) | 4.5 du or lot/ac | 6.5 du or lot/ac | 12 du or lot/ac | 18 du or lot/ac | 28 du or lot/ac | 6 du or lot/ac (detached sf); 10 du or lot/ac (multifamily and townhouses) |
Minimum density: Dwelling unit or lot/acre (19) | – | – | 8 du or lot/ac | 8 du or lot/ac | 8 du or lot/ac | 10 du or lot/ac |
Maximum density: Dwelling unit or lot/acre (2)(3) | 5.4 du or lot/ac | 7.8 du or lot/ac | 18 du or lot/ac | 27 du or lot/ac | 36 du or lot/ac | 18 du or lot/ac |
Minimum street setback (15) | 20 ft (8) | 20 ft (8) | 20 ft | 25 ft | 25 ft | 20 ft |
Minimum side yard setback | 5 ft (10) | 5 ft (10) | 10 ft (10, 11, 12) | 10 ft (10, 11, 12) | 10 ft (10) | 10 ft (10, 11, 12) |
Minimum rear yard setback | 20 ft | 20 ft | 25 ft | 25 ft | 25 ft | 25 ft |
Base height | 30 ft (18) | 30 ft (18) | 35 ft (5) | 45 ft (5) | 45 ft (5) | 35 ft (5) |
Maximum building coverage: Percentage (6) | 40% | 40% | 50% | 50% | 50% | 40% |
Maximum impervious surface: Percentage (6) | 45%; 50% | 45%; 50% | 70% | 70% | 75% | 70% |
Minimum lot area | 5,000 sq ft | 5,000 sq ft | – | – | – | – |
Minimum lot width (4) | 60 ft | 50 ft | 70 ft | 70 ft | 70 ft | 70 ft |
Minimum lot frontage on cul-de-sac, sharp curve, or panhandle (14) | 20 ft | 20 ft | – | – | – | – |
(Ord. 3366 § 43 (Exh. QQ), 2025; Ord. 3352 § 46 (Exh. QQ), 2025; Ord. 3057 § 4, 2017; Ord. 2852 § 10 (Exh. A), 2011).
(1) Base Density. The base density is the standard density allowed in the zone and indicates the number of dwelling units or lots allowed per net acre.
(2) Maximum Density. The maximum density for each zone indicates the maximum number of dwelling units or lots allowed per net acre.
(a) 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.
(b) 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.
(3) Exceptions. The following exceptions to the base density and maximum density provisions apply:
(a) Accessory Dwelling Units.
(i) A maximum of two accessory dwelling units are allowed per lot accessory to a detached single-family residence pursuant to MMC 22C.185.020, Table 1.
(b) Middle housing, as defined in MMC 22A.020.140, is allowed for all lots zoned predominantly for residential use as follows:
(i) Middle housing is subject to the maximum number of lots allowed for the zone; however, it is allowed a greater unit density as shown in the table below:
Lot circumstances | Unit Density (as defined in MMC 22A.020.220) | Additional Provisions |
|---|---|---|
Residentially zoned lot | Two |
|
Residentially zoned lot located within one-quarter mile walking distance to a major transit stop | Four | Major transit stop is defined in MMC 22A.020.140. |
Residentially zoned lot with one dwelling unit of affordable housing | Four | To qualify as affordable housing, the provisions in MMC 22C.010.400 must be met. |
(ii) The unit density allowance applies to the parent lot prior to any unit lot subdivision.
(iii) Multiple middle housing structures may be allowed per lot up to the allowed unit density specified in the table above. For example, two duplexes (four total dwelling units) may be allowed per lot that either is located within one-quarter mile of a major transit stop or when one affordable housing unit is provided.
(iv) Accessory dwelling units apply to the total allowed unit density for the lot (i.e., are not allowed in addition to the specified units per lot).
(v) The unit density detailed in this table for proximity to transit and provision of affordable housing are discrete options. If a lot has both proximity to transit and provides affordable housing, the total unit density remains at four unless otherwise allowed by code.
(vi) Unless zoning permitting higher densities or intensities applies.
(vii) Currently the city of Marysville is a Tier 2 city pursuant to RCW 36.70A.635(1)(a). The city will need to comply with the Tier 1 standards in RCW 36.70A.635(1)(b) one year after the city’s comprehensive plan implementation progress report is due pursuant to RCW 36.70A.130(9)(a).
(c) The absence of water or sewer service may limit redevelopment or additional development until such time sewer infrastructure improvements are made.
(4) Reserved.
(5) Base Height.
(a) 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.
(b) 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.
(6) Applies to Each Individual Lot.
(a) 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.
(b) Building coverage and impervious surface area standards for:
(i) Regional uses shall be established at the time of permit review; or
(ii) Nonresidential uses in residential zones shall comply with MMC 22C.010.250.
(7) Mobile home parks shall comply with the density and dimensional standards set forth in Chapter 22C.230 MMC.
(8) On a case-by-case basis, the street setback may be reduced to 10 feet; provided, that at least 20 linear feet of driveway are provided between any garage, carport, or other fenced parking area and the street property line, or the lot takes access from an alley. The linear distance shall be measured in a straight line from the nearest point of the garage, carport or fenced area to the access point at the street property line. In the case of platted lots, no more than two consecutive lots may be reduced to 10 feet.
(9) Residences shall have a setback of at least 50 feet from any property line if adjoining an agricultural zone either within or outside the city limits.
(10) For townhouses (non-middle housing) or apartment developments, the setback shall be the greater of:
(a) Twenty feet along any property line abutting the NR-4.5 and NR-6.5 zones; or
(b) 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.
(11) Townhouse setbacks are reduced to zero on an interior side yard setback where the units have a common wall for zero lot line developments.
(12) Townhouse setbacks are reduced to five feet on side yard setbacks provided the buildings meet a 10-foot separation between structures.
(13) Single-family detached units and middle housing on individual lots within the R-12 through R-28 and WR-R-6-18 zones may utilize the base density for the underlying zone; provided, that lots shall be subject to a 50 percent building coverage, 65 percent impervious coverage, 4,000-square-foot minimum lot size, 40-foot lot width, and the setback requirements of the neighborhood residential 6.5 (NR-6.5) zone. Single-family residences and duplexes may be up to 35 feet tall; provided, that, abutting the neighborhood residential zoned properties, the building height must either be reduced to 30 feet, or the setback adjacent to the neighborhood residential zoned properties must be increased by five feet.
(14) Provided that the front yard setback shall be established as the point at which the lot meets the minimum width requirements. On a case-by-case basis, the street setback may be reduced to the minimum of 20 feet; provided, that the portion of the structure closest to the street is part of the “living area,” to avoid having the garage become the predominant feature on the lot.
(15) Subject to MMC 22A.020.130, subsection (1)(a) of the definition of “lot lines.”
(16) Required landscaping setbacks for developments on the north side of Soper Hill Road are 25 feet from the edge of sidewalk.
(17) Projects with split zoning (two or more distinct land use zones) may propose a master site plan to density average at the zone edge or modify the zone boundaries using topography, access, critical areas, or other site characteristics in order to provide a more effective transition between land uses and zones. Approval is at the discretion of the community development director.
(18) In order to accommodate a daylight basement or tuck-under garage, the base height for the principal dwelling may be increased to 35 feet on lots with a 10 percent or greater slope within the building’s footprint.
(19) The minimum densities are the minimum number of dwelling units which must be constructed per net acre. The director may waive the minimum density requirement for sites with unique size, shape, topography, location, critical areas encumbrance, distance from utilities, or other feature(s) that precludes the minimum density being achieved. In addition, an applicant intending to construct only one residence may also receive relief from the minimum density requirements; provided, that the residence is sited in such a manner that future development is not precluded. A written justification must be provided by the applicant for all requests for relief from minimum density requirements and is subject to director approval. (Ord. 3366 § 44 (Exh. RR), 2025; Ord. 3352 § 47 (Exh. RR), 2025; Ord. 3057 § 5, 2017; Ord. 3054 § 9, 2017; Ord. 2852 § 10 (Exh. A), 2011).
The following provisions shall be used to determine compliance with this title:
(1) Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround or, in the case of a substandard street, the setbacks shall be measured from the edge of the ultimate right-of-way section planned for the street, except as provided by MMC 22C.010.200;
(2) Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation, five-foot (or less) wide pedestrian walkways or surface water retention/detention facilities. (Ord. 2852 § 10 (Exh. A), 2011).
Permitted number of dwelling units or lots shall be determined as follows:
(1) Dwelling Units or Lots per Acre. The allowed dwelling units or lots per acre is calculated as follows:
(a) Step 1: Calculate the net acreage by using the “net project area” definition in MMC 22A.020.150, “N” definitions.
(b) 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.
(c) Step 3: When calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows:
(i) Fractions of 0.50 or above shall be rounded up; and
(ii) Fractions below 0.50 shall be rounded down.
(2) Middle housing is subject to the maximum number of lots allowed for the zone set forth in MMC 22C.010.080; however, it is allowed a greater unit density as specified in the table 22C.010.090(3)(b)(i).
(3) The provisions in subsection (1) of this section apply to lots which will be subdivided. Existing, legal lots under MMC 22C.010.140 and reasonable use lots under MMC 22E.010.410 are not subject to the calculation above. (Ord. 3366 § 45 (Exh. SS), 2025; Ord. 3352 § 48 (Exh. SS), 2025; Ord. 2852 § 10 (Exh. A), 2011).
(1) Critical areas and their buffers may be used for calculation of allowed residential density whenever two or more residential lots or dwelling units are created subject to the on-site density transfer provisions outlined in MMC 22E.010.360; provided, that critical areas and buffers must be placed in a tract or easement for permanent protection.
(2) The net project area of a multiple-family or single-family site may be used in the calculation of allowed residential density. (Ord. 3366 § 46 (Exh. TT), 2025; Ord. 3352 § 49 (Exh. TT), 2025; Ord. 2852 § 10 (Exh. A), 2011).
Any portion of a lot that was required to calculate and ensure compliance with the standards and regulations of this title shall not be subsequently subdivided or segregated from such lot except as allowed under the unit lot subdivision provisions set forth in Chapter 22G.095 MMC. (Ord. 3366 § 47 (Exh. UU), 2025; Ord. 3352 § 50 (Exh. UU), 2025; Ord. 2852 § 10 (Exh. A), 2011).
Except as provided for in Chapter 22G.080 MMC:
(1) In residential zones, a single-family dwelling or middle housing may be established on an existing vacant lot which cannot satisfy the minimum lot size or width requirements of this chapter, provided the following criteria are met:
(a) 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
(b) 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
(c) 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. (Ord. 3366 § 48 (Exh. VV), 2025; Ord. 3352 § 51 (Exh. VV), 2025; Ord. 2852 § 10 (Exh. A), 2011).
When a building or use is required to maintain a specific setback from a property line or other building, such setback shall apply only to the specified building or use. (Ord. 2852 § 10 (Exh. A), 2011).
The following setback modifications are permitted:
(1) When the common property line of two lots is covered by a building(s), the setbacks required by this chapter shall not apply along the common property line.
(2) When a lot is located between lots having nonconforming street setbacks, the required street setback for such lot may be the average of the two nonconforming setbacks or 60 percent of the required street setback, whichever results in the greater street setback.
(3) When a base station or WCF equipment is proposed for placement on private property abutting ROW, the setback may be administratively reduced, provided the application demonstrates good cause for such reduction and adequate area for screening and landscaping is provided. (Ord. 2852 § 10 (Exh. A), 2011).
(1) In subdivisions and short subdivisions, areas used as regional utility corridors shall be contained in separate tracts.
(2) In other types of land development permits, easements shall be used to delineate such corridors.
(3) All buildings and structures shall maintain a minimum distance of five feet from property or easement lines delineating the boundary of regional utility corridors, except for utility structures necessary for the operation of the utility corridor. (Ord. 3366 § 49 (Exh. WW), 2025; Ord. 3352 § 52 (Exh. WW), 2025; Ord. 2852 § 10 (Exh. A), 2011).
Structures may be built to five feet of the property line on lots adjacent to a private road or access easement. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Structures may be built to five feet of the property line abutting an alley, except as provided in subsection (2) of this section.
(2) Vehicle access points from garages, carports or fenced parking areas shall be set back a minimum of 10 feet from the lot line abutting an alley, except where the access point faces an alley with a right-of-way width of 10 feet, in which case the garage, carport, or fenced parking area shall not be located within 20 feet from the rear lot line. No portion of the garage or the door in motion may cross the property line.
(3) Rear setbacks for detached accessory structures located in the downtown neighborhood may be reduced as set forth in MMC 22C.180.020(2). (Ord. 3366 § 50 (Exh. XX), 2025; Ord. 3352 § 53 (Exh. XX), 2025; Ord. 2852 § 10 (Exh. A), 2011).
(1) In addition to providing the standard street setback, a lot adjoining a half-street or designated arterial shall provide an additional width of street setback sufficient to accommodate construction of the planned half-street or arterial.
(2) The garage setback shall be measured from the edge of the temporary cul-de-sac as constructed. When the temporary cul-de-sac is removed, the setbacks for the structure may be measured from the property line. (Ord. 3366 § 51 (Exh. YY), 2025; Ord. 3352 § 54 (Exh. YY), 2025; Ord. 2852 § 10 (Exh. A), 2011).
Projections may extend into required setbacks as follows:
(1) Fireplace structures including eaves and factory-built garden or bay windows may project into any setback, provided such projections are:
(a) Limited to two per facade;
(b) Not wider than 10 feet; and
(c) Not more than 24 inches into a side setback or 30 inches into a front or rear setback;
(2) Uncovered porches and decks, including stairs or ramps, which exceed 30 inches above the finished grade may project:
(a) Eighteen inches into side setbacks; and
(b) Five feet into the front or rear setback;
(3) Uncovered porches and decks not exceeding 30 inches above the finished grade, and uncovered accessory structures such as mechanical equipment, play structures, and tennis courts, may project to the property line; provided, that with the exception of uncovered porches and decks, the front property line setback for the zone shall be observed;
(4) Eaves may not project more than:
(a) Twenty-four inches into a side setback;
(b) Thirty-four inches into a front or rear setback; or
(c) Eighteen inches across a lot line in a zero lot line development.
(5) Accessory structures such as flagpoles and lampposts shall be set back a minimum of five feet from all property lines, provided:
(a) They are not located within a utility or access easement; and
(b) Flags are not displayed in a manner that would cause the flag to encroach onto a neighboring property. (Ord. 3366 § 52 (Exh. ZZ), 2025; Ord. 3352 § 55 (Exh. ZZ), 2025; Ord. 3054 § 10, 2017; Ord. 2852 § 10 (Exh. A), 2011).
(1) Flagpoles may be up to 25 feet tall in all single-family zones, and up to 35 feet tall in all multifamily zones; provided, that flagpoles on multifamily zoned properties developed with single-family residences or middle housing shall be limited to 25 feet tall. Exception: flagpoles on single-family and multifamily zoned properties that are 40,000 square feet or greater in size and developed with single-family residences or middle housing may be up to 35 feet tall; provided, that setbacks that are equivalent to the height of the flagpole are maintained from all property lines.
(2) The following structures may be erected above the height limits of MMC 22C.010.080:
(a) Roof structures housing or screening elevators, stairways, tanks, ventilating fans or similar equipment required for building operation and maintenance; and
(b) Fire or parapet walls, skylights, chimneys, smokestacks, church steeples, and utility line towers and poles. (Ord. 3366 § 53 (Exh. AAA), 2025; Ord. 3352 § 56 (Exh. AAA), 2025; Ord. 3054 § 11, 2017; Ord. 2852 § 10 (Exh. A), 2011).
When a lot is divided by a zone boundary, the following rules shall apply:
(1) When a lot contains both residential and nonresidential zoning, the zone boundary between the zones shall be considered a lot line for determining permitted building height and required setbacks on the site;
(2) When a lot contains residential zones of varying density, any residential density transfer within the lot shall only be allowed from the portion with the lesser residential density to that of the greater residential density; and
(3) Uses on each portion of the lot shall only be those permitted in each zone pursuant to this chapter and Chapter 22C.020 MMC. (Ord. 2852 § 10 (Exh. A), 2011).
Except for traffic control signs, the following sight distance provisions shall apply to all intersections and site access points:
(1) A sight distance triangle area per city standards shall contain no fence, berm, vegetation, on-site vehicle parking area, signs or other physical obstruction between 30 inches and eight feet above the existing street grade.
Note: The area of a sight distance triangle between 30 inches and eight feet above the existing street grade shall remain open.
(2) The community development director or city engineer may require modification or removal of structures or landscaping located in required street setbacks, if:
(a) Such improvements prevent adequate sight distance to drivers entering or leaving a driveway; and
(b) No reasonable driveway relocation alternative for an adjoining lot is feasible. (Ord. 2852 § 10 (Exh. A), 2011).
Except for utility facilities and regional land uses listed in MMC 22C.010.060, all nonresidential uses located in residential zones shall be subject to the following requirements:
(1) Building coverage shall not exceed:
(a) Fifty percent of the site in the R-4.5, R-6.5, R-8 and WR-R-4-8 zones.
(b) Sixty percent of the site in the R-12, R-18, R-28 and WR-R-6-18 zones.
(2) Impervious surface coverage shall not exceed:
(a) Seventy percent of the site in the R-4.5, R-6.5, R-8 and WR-R-4-8 zones.
(b) Eighty percent of the site in the R-12, R-18, R-28 and WR-R-6-18 zones.
(3) Buildings and structures, except fences and wire or mesh backstops, shall not be closer than 30 feet to any property line, except as provided in subsection (4) of this section.
(4) A single detached dwelling unit allowed as accessory to a church or school shall conform to the setback requirements of the zone.
(5) Parking areas are permitted within the required setback area from property lines, provided such parking areas are located outside of the required landscape area.
(6) Sites shall abut or be accessible from at least one public street functioning at a level consistent with city of Marysville street design standards. New high school sites shall abut or be accessible from a public street functioning as an arterial per the city of Marysville design standards.
(7) The base height shall conform to height limitation of the zone in which the use is located. (Ord. 2852 § 10 (Exh. A), 2011).
MMC 22C.010.255 through 22C.010.400 apply to new single-family, middle housing, townhouse, and multifamily residential development as applicable. The purpose of these sections is to:
(1) Encourage the realization and creation of a desirable and aesthetic environment in the city of Marysville;
(2) Encourage and promote development which features amenities and excellence in site planning, streetscape, building design and contribution to community charm;
(3) Encourage creative approaches to the use of land and related physical developments;
(4) Minimize incompatible and unsightly surroundings and visual blight which prevent orderly community development;
(5) Reinforce streets as public places that encourage pedestrian and bicycle travel;
(6) Reduce opportunities for crimes against persons and property;
(7) Minimize land use conflicts and adverse impacts;
(8) Provide roadway and pedestrian connections between residential and commercial areas;
(9) Provide public places and open space networks to create gateways, gathering places, and recreational opportunities that enhance the natural and built environment;
(10) Minimize the rate of crime associated with persons and property and provide for the highest standards of public safety through the implementation of crime prevention through environmental design (CPTED) principles in design review. (Ord. 3366 § 54 (Exh. BBB), 2025; Ord. 3352 § 57 (Exh. BBB), 2025; Ord. 2852 § 10 (Exh. A), 2011).
(1) Applicability.
(a) 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.
(b) 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.
(c) The following activities shall be exempt from these standards:
(i) Construction activities which do not require a building permit;
(ii) Interior remodels of existing structures;
(iii) Modifications or additions to existing multifamily and public properties when the modification or addition:
(A) Constitutes less than 10 percent of the existing horizontal square footage of the use or structure; and
(B) Constitutes less than 10 percent of the existing building’s exterior facade.
(2) Interpreting and Applying the Design Standards.
(a) These standards capture the community visions and values as reflected in the comprehensive plan’s neighborhood planning areas. The city’s community development director (hereinafter referred to as director) retains full authority to determine whether a proposal meets these standards. The director is authorized to promulgate guidelines, graphic representations, and examples of designs and methods of construction that do or do not satisfy the intent of these standards.
(b) Within these standards, certain words are used to indicate the relative importance and priority the city places upon a particular standard.
(i) The words “shall,” “must,” and “is/are required” mean that the development proposal must comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance; or
(B) The development proposal meets the intent of the standards in some other manner.
(ii) The word “should” means that the development proposal will comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance;
(B) The development proposal meets the intent of the standards in some other manner; or
(C) There is convincing evidence that applying the standard would not be in the public interest.
(iii) The words “is/are encouraged,” “can,” “consider,” “help,” and “allow” mean that the action or characteristic is allowed and will usually be viewed as a positive element in the city’s review.
(c) 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. (Ord. 3366 § 55 (Exh. CCC), 2025; Ord. 3352 § 58 (Exh. CCC), 2025; Ord. 3245 § 1 (Exh. A), 2022; Ord. 2852 § 10 (Exh. A), 2011).
In any PRD, interior setbacks may be modified during subdivision, short subdivision, or binding site plan review as follows:
If a building is proposed to be located within a normally required interior setback:
(1) An easement shall be provided on the abutting lot of the subdivision that is wide enough to ensure a 10-foot separation between the walls of structures on adjoining lots, except as provided for common wall construction;
(2) The easement area shall be free of structures and other obstructions that would prevent normal repair and maintenance of the structure’s exterior;
(3) Buildings utilizing reduced setbacks shall not have doors that open directly onto the private yard areas of abutting property. Windows in such buildings shall not be oriented toward such private yard areas unless they consist of materials such as glass block, textured glass, or other opaque materials, and shall not be capable of being opened, except for clerestory-style windows or skylights; and
(4) The final plat, short plat, or binding site plan map shall show the approximate location of buildings proposed to be placed in a standard setback area. (Ord. 3366 § 56 (Exh. DDD), 2025; Ord. 3352 § 59 (Exh. DDD), 2025; Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. The purpose of this section is to:
(a) Provide a housing type that responds to changing household sizes and ages (e.g., retirees, small families, single-person households);
(b) Provide opportunities for ownership of small, detached units within a single-family neighborhood;
(c) Encourage creation of more usable space for residents of the development through flexibility in density and lot standards;
(d) Support the growth management goal of more efficient use of urban residential land; and
(e) Provide guidelines to ensure compatibility with surrounding uses.
(2) Applicability. Cottage housing developments are allowed in residential zones.
(3) Review Process.
(a) 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
(b) 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.
(4) Accessory Uses. The following accessory uses are permitted within cottage housing developments:
(a) 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).
(b) Garages or carports as outlined in subsection (11) of this section.
(c) Community gardens, play structures, and similar amenities for use of the occupants of the cottage housing development.
(5) Accessory Dwelling Units. Accessory dwelling units and/or extended-family dwelling units are not allowed in cottage housing developments.
(6) Density and Dimensions.
.
Density (dwelling unit or lot/acre) | 2 times the base density of the underlying zone (a) |
Minimum lot size, or minimum land area allocation per cottage | 2,000 square feet (b) |
Development size | Minimum 4 cottage units. Maximum 12 cottage units per grouping. Development may contain multiple groupings. |
Minimum front setback or yard | 10 feet(c) |
Minimum side setback or yard | 5 feet(d), (e) |
Minimum rear setback or yard | 10 feet(c), (d) |
Minimum setback from critical area buffers, or critical areas, if no buffer is required | 15 feet |
Maximum impervious coverage: percentage | 60 percent(f) |
(a) Density shall be calculated pursuant to MMC 22C.010.110, Calculations – Allowable dwelling units.
(b) 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.
(c) 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.
(d) 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.
(e) There shall be a minimum separation of six feet between principal structures; provided, that:
(i) Where cottages will be subdivided onto individual lots, a five-foot side yard setback from the property line and 10 feet of structure separation shall be provided;
(ii) When there is a principal entrance on an interior facade of either or both of the facing facades, the minimum separation shall be 10 feet; and
(iii) When there is a principal entrance along a side facade, the side yard shall be no less than 10 feet.
(f) The impervious surface coverage allowances apply to the overall development site (when subdivision is not proposed), or to the individual lots.
(7) Cottage Size, Height, and Porch Dimensional Standards.
Maximum cottage main floor area | 800 square feet(a) |
Maximum cottage total floor area | 1-1/2 times the area of the main floor or 1,200 square feet, whichever is less. |
Height | 18 feet 23 feet (to ridge of pitched roof with minimum slope of 4:12) 28 feet (to ridge of pitched roof with minimum slope of 6:12) All parts of roof above 18 feet must be pitched. |
Porch (primary) | Primary entry: 60 square feet Minimum dimension: 6 feet |
Porch (secondary) | Secondary entry: 36 square feet Minimum dimension: 6 feet |
(a) Cottage floor area shall be subject to the following standards:
(i) Floor area shall be the sum of the gross horizontal areas of the floors of the cottage, measured from the exterior faces of exterior walls and from the centerline of division walls. Enclosed space in a cottage located either above the main floor and more than 12 feet above finished grade, or below the main floor, shall be limited to no more than 50 percent of the enclosed space of the main floor, or 400 square feet, whichever is less. This restriction applies regardless of whether a floor is proposed in the enclosed space, but shall not apply to attic or crawl spaces (less than six feet in height).
(ii) Attached garages shall be included in the calculation of total floor area.
(iii) Areas that do not count as total floor area are:
(A) Unheated storage space located under the main floor of the cottage.
(B) Attached roofed porches and uncovered attached porches, decks, and balconies.
(C) Detached garages or carports.
(D) Spaces with ceiling height of six feet or less measured to the exterior walls, such as a second floor area under the slope of a roof.
(iv) The total square foot area of a cottage dwelling unit may not be increased. A note shall be placed on the title to the property for the purpose of notifying future property owners that any increase in the total square footage of a cottage is prohibited for the life of the cottage or the duration of city cottage regulations.
(8) Cottage Orientation and Open Space Standards. Cottages shall meet the following orientation and open space standards:
(a) 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.
(b) Cottages shall be oriented around and have their main entry from the common open space.
(c) Each cottage shall abut the common open space, and the common open space shall have cottages abutting at least two sides.
(d) 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).
(i) Private and common open space must be calculated separately (i.e., private open space does not count towards common open space, and common open space does not count towards private open space);
(ii) All open space must be usable and located at ground level. Critical areas and buffers shall not count towards open space;
(iii) Setbacks shall not be counted as either private or common open space unless the setback abuts a designated common open space area, in which case the setback area may meet both setback and private open space requirements.
(e) Private open space shall:
(i) Be located in a contiguous area and abut the cottage it serves;
(ii) Be oriented towards the common open space as much as possible;
(iii) Have no horizontal dimension less than 10 feet; and
(iv) A fence or hedge not to exceed three and one-half feet high may separate private open space from common open space.
(f) Common open space shall:
(i) Be provided in a contiguous area to the extent feasible;
(ii) Be allocated so that at least 50 percent of the common open space for a grouping of cottages is located centrally among the grouping of cottages; and
(iii) Have no horizontal dimension less than 15 feet.
(9) Building Design Standards – Including Garages/Parking Structures. The purpose of the design standards is to: encourage variety and visual interest in new residential development in a manner that is compatible with the neighborhood character; ensure the scale of the cottages is proportional to their lot and parcel size, provide landscaping between new and existing development to buffer and provide a transition, enhance the building and site appearance, and maintain the quality of the neighborhood.
(a) 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.
(b) 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.
(c) 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.
(i) Varied and Interesting Rooflines. Varied and interesting rooflines must be provided which include use of varied pitched roof styles, gables, or dormers. Roof breaks or step-downs are encouraged and can be used to reduce required setbacks adjacent to parcel boundaries.
(ii) Separation of Identical Buildings and Elevations. Units of identical elevation types must be separated by at least two different elevations. This will result in at least three different building elevation plans per cluster. No two adjacent structures shall be built with the same building elevation (reverse elevations do not count as a different building elevation), facade materials, or colors.
(iii) Different Roof, Window Design and Entries. Provide differing roof forms, gables or dormers. Roof overhangs a minimum of six inches are required. Different window design, entry treatments and base treatments shall be utilized to help achieve variety.
(iv) Corner Lot Cottages. Cottages on corner lots shall be architecturally designed to provide modulation and detail on both frontages. Examples of modulation include use of bay windows, wrapped porches, and dormers.
(v) Open and Closed Cottages Along Private Side Yards. Private side yards are an important element in cottage development. The side yard is typically designated to a particular cottage (like zero lot line homes) and this cottage should be open to the side yard using doors, windows or a wrapped porch. The adjacent cottage having a closed side and window placement is an essential part of the design to achieve this relationship.
(d) 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:
(i) Variation in building type and plans.
(ii) Variation in layout and orientation.
(iii) Variation in building materials, mixture and texture.
(A) Vertical Changes. Changes in materials in a vertical wall shall occur at an internal corner or a logical transition such as aligning with a window edge or chimney.
(B) Horizontal Changes. Transition in materials on a wall surface, such as shingle or lap siding, shall be required to have a material separation, such as a trim band board.
(C) Acceptable Exterior Wall Material. Wood, cement fiberboard, stucco, standard sized brick and stone may be used. Simulated stone, wood, or brick may be used to detail homes.
(D) Trim. Trim may be wood, cement fiberboard, stucco, or stone materials. Trim is required around all doors and windows. The trim must be three and one-half inches minimum and be used on all elevations.
(iv) Building modulation.
(v) Building intervals and articulation.
(vi) Varying roof shapes, pitches and gables.
(vii) Varied roof heights and roof breaks or roof extensions.
(viii) Dormers.
(ix) Window trim and mullions.
(x) Bay windows or bump outs.
(xi) Entry enhancement.
(xii) Porches and patios. (Porches with railings preferred.)
(xiii) Use of varied siding, trim and base colors.
(xiv) At a minimum use bottom and top material treatment and if recommended use tripartite architecture.
(xv) Chimney or tower.
(xvi) Trellis.
(xvii) Belly bands, brackets/braces.
(xviii) Other building elements and the combined use of the above shall be approved by the planning director.
(10) Site Access Standards. Access to the cottage housing development shall be provided as follows:
(a) 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.
(b) 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.
(c) 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:
(i) Safe, aesthetically pleasing pedestrian travel is provided throughout the development.
(ii) Pedestrian travel within the development shall be tied to pedestrian travel routes outside the development, actual and/or planned.
(iii) Reduction of planter strips shall require additional equivalent or greater landscaping to benefit the development.
(iv) Any proposed modifications shall allow for efficient flow and movement of automobiles and pedestrians without negatively altering or constraining their movement.
(d) 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.
(11) Parking Standards. Parking shall meet the following standards:
(a) 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.
(b) Parking stalls, garages and carports must be screened from public streets or abutting residential properties.
(c) Parking stalls, garages and carports shall be located in the following preferential order:
(i) To the rear of the units accessed off an alley;
(ii) To the side of the units accessed by a private driveway; or
(iii) A garage, landscaping, and/or fencing shall screen parking next to a side street.
(d) Parking stalls, garages and carports must meet the front yard setback requirements outlined in subsection (6) of this section.
(e) 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.
(f) 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.
(g) Garages and carports shall be located so their visual presence is minimized, and associated noise or other impacts do not intrude into public spaces.
(h) The architectural design of all garages and carports must be similar and compatible to that of the cottage dwelling units within the development.
(i) 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.
(j) A six-single-vehicle-stall garage or carport is the maximum number allowed in any garage or carport.
(k) 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.
(12) Screening Standards.
(a) 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.
(b) Yard and open space fencing within the cottage housing development shall not exceed three and one-half feet tall.
(c) Trash and Recycling Container Enclosure and Landscape Screening. All dumpster containers, individual refuse containers, and trash compactors shall be enclosed per the following standards:
(i) All loading, trash, recycling and storage areas shall be located so they are not visible from streets and will be concealed.
(ii) An architectural screen shall surround all sides except the access entry. Building walls of adjacent structures may be used to partially satisfy this requirement. Screen walls shall be a solid visual screen constructed out of metal, concrete, and/or masonry units; or other materials similar to the cottages and garage structures. Required gates and trellises, and other architectural screening elements, shall be designed so that they complement the surrounding buildings unless there is some overriding fire access issue.
(iii) A concrete slab shall be installed as the base material within the enclosure.
(13) Homeowners’ Association. A homeowners’ association and covenants are required for the maintenance of the common areas and buildings.
(14) Requests for Modifications to Standards. The community development director may approve minor modifications to the general parameters and design standards set forth in this chapter, provided the site is constrained due to unusual shape, topography, easements or sensitive areas.
(a) The modification is consistent with the objectives of this chapter.
(b) The modification will not result in a development that is less compatible with neighboring land uses. (Ord. 3366 § 57 (Exh. EEE), 2025; Ord. 3352 § 60 (Exh. EEE), 2025; Ord. 3265 § 4 (Exh. B), 2023; Ord. 3130 § 4 (Exh. B), 2019).
(1) Applicability.
(a) 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.
(b) 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.
(c) 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.
(2) Relationship of Buildings to Site and Street Front.
(a) The site shall be oriented and designed to create an attractive street edge and accommodate pedestrian access. The following provisions apply:
(i) The street edge shall be defined with buildings, landscaping or other features.
(ii) Primary building entrance(s) shall face the street unless it is not feasible due to parcel size, topography, environmental conditions, or other factors as determined by the director, and alternate design elements are incorporated into the facade which enliven the streetscape. Alternatively, for multifamily projects, building entries that face onto a courtyard which is oriented towards the street are acceptable.
(iii) Buildings with individual ground floor entries should face the street to the extent possible. Alternatively, for multifamily projects, configurations where entries face onto a courtyard or open space that is oriented to the street are acceptable.
(iv) Buildings shall provide windows that face the street to provide “eyes on the street” for safety. To meet this requirement, at least 15 percent of the facade facing the street shall be occupied by transparent windows or doors.
(v) Provide for a sidewalk at least five feet wide if there is not space in the public right-of-way.
(vi) Provide building entries that are accessed from the sidewalk; preferably these access ways should be separated from the parking and drive aisles. If access traverses the parking lot, then it should be raised and clearly marked.
(b) 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.
(c) The development shall create a well-defined streetscape to allow for the safe movement of pedestrians.
(d) 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.
(e) For multifamily residences, parking lots shall not be located at the intersection of public streets unless no feasible alternative location exists.

Figure 1 – Illustration of facade transparency requirements which enhance safety and the relationship to the street front.
(3) Relationship of Buildings and Site to Adjoining Area.
(a) 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.
(b) Harmony in texture, lines and masses is encouraged.
(c) Attractive landscape transition to adjoining properties shall be provided.
(d) Public and quasi-public buildings and structures shall be consistent with the established neighborhood character.
(4) Landscape and Site Treatment.
(a) 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:
(i) The landscape plan shall demonstrate visual relief from large expanses of parking areas.
(ii) The landscape plan shall provide some physical separation between vehicular and pedestrian traffic.
(iii) The landscape plan shall provide decorative landscaping as a focal setting for signs, special site elements, and/or pedestrian areas.
(iv) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.
(v) Where building sites limit planting, the placement of trees or shrubs in parkways or paved areas is encouraged.
(vi) Screening of outdoor service yards and other places which tend to be unsightly shall be accomplished by use of walls, fencing, planting, berms or combinations of these.
(vii) Landscaping should be designed to create definition between public and private spaces.
(viii) Where feasible, the landscape plan shall coordinate the selection of plant material to provide a succession of blooms, seasonal color, and a variety of textures.
(ix) The landscape plan shall provide a transition in landscaping design between adjacent sites, within a site, and from native vegetation areas in order to achieve greater continuity.
(x) The landscape plan shall use plantings to highlight significant site features and to define the function of the site, including parking, circulation, entries, and open spaces.
(xi) Where feasible, the landscape plan shall integrate natural approaches to storm water management, including featured low impact development techniques.
(b) Street Landscaping. Where the site plan includes streetscape plantings, the following guidelines apply:
(i) Sidewalks and pathways should be separated from the roadway by planting strips with street trees wherever possible.
(ii) Planting strips should generally be at least five feet in width. They should include evergreen shrubs no more than four feet in height and/or ground cover in accordance with the city of Marysville landscape standards (Chapter 22C.120 MMC) and Marysville administrative landscaping guidelines.
(iii) Street trees placed in tree grates may be more desirable than planting strips in key pedestrian areas.
(iv) Use of trees and other plantings with special qualities (e.g., spring flowers and/or good fall color) are strongly encouraged to unify development.
(c) 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:
(i) All public areas shall be lighted with average minimum and maximum levels as follows:
(A) Minimum (for low or nonpedestrian and vehicular traffic areas) of one-half foot candle;
(B) Moderate (for moderate or high volume pedestrian areas) of one to two foot candles; and
(C) Maximum (for high volume pedestrian areas and building entries) of four foot candles.
(ii) Lighting shall be provided at consistent levels, with gradual transitions between maximum and minimum levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and dark areas shall be avoided.
(iii) Parking lot lighting shall be subject to the provisions set forth in MMC 22C.130.050(3)(d).
(iv) Pedestrian-scale lighting (light fixtures no taller than 15 feet) is encouraged in areas with high anticipated pedestrian activity. All fixtures over 15 feet in height shall be fitted with a full cut-off shield, be dark sky rated, and mounted no more than 25 feet above the ground with lower fixtures preferable so as to maintain a human scale. Lighting shall enable pedestrians to identify a face 45 feet away in order to promote safety.
(v) Light levels at the property line should not exceed 0.1 foot candles (fc) adjacent to business properties, and 0.05 foot candles adjacent to residential properties. All building lights shall be directed onto the building itself and/or the ground immediately adjacent to it. The light emissions should not be visible above the roofline of the building. Light fixtures other than traditional cobra heads are encouraged.
(vi) Uplighting on trees and provisions for seasonal lighting are encouraged.
(vii) Accent lighting on architectural and landscape features is encouraged to add interest and focal points.
(5) Site Design Utilizing Crime Prevention through Environmental Design (CPTED) Principles. Development that is subject to this section shall incorporate the following CPTED strategies into building design and site layout:
(a) 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.
(b) 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.
(c) 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.
Examples of ways in which a proposal can comply with CPTED principles are outlined in the CPTED Guidelines for Project Design and Review, prepared by the city.
(6) Building Design – Human-Scale Standards. The human-scale standards are intended to encourage the use of building components that relate to the size of the human body, and to add visual interest to buildings. “Human scale” addresses the relationship between a building and the human body. Generally, buildings attain a good human scale when they feature elements or characteristics that are sized to fit human activities, such as doors, porches, and balconies. A minimum of three of the following human-scale building elements shall be incorporated into the new development:
(a) 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;
(b) Bay windows or other window treatments that extend out from the building face;
(c) At least 150 square feet of pedestrian-oriented space for each 100 lineal feet of building facade;
(d) First floor individual windows, generally less than 32 square feet per pane and separated from the windows by at least a six-inch molding;
(e) A porch or covered entry;
(f) Spatially defining building elements, such as a trellis, overhang, canopy, or other element, that defines space that can be occupied by people;
(g) Upper story setbacks, provided one or more of the upper stories are set back from the face of the building at least six feet;
(h) Composing smaller building elements near the entry of pedestrian-oriented street fronts of large buildings;
(i) Landscaping components that meet the intent of these standards; and/or
(j) 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.

Figure 2 – An example of balconies that have been integrated into the architecture of the building.
(7) Building Design – Architectural Scale. The architectural scale standards are intended to encourage compatibility of structures with nearby structures, to help the building fit in with its context, and to add visual interest to buildings.
(a) 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:
(i) Buildings with facades that are 30 feet or longer shall provide vertical modulation of the exterior wall that extends through all floors; provided, that where horizontal modulation is used different stories may be modulated at different depths.
(ii) The minimum modulation depth shall be five feet and the minimum modulation width for each modulation shall be 10 feet. On facades that are 100 feet or longer, the minimum depth of modulation shall be 10 feet and the minimum width for each modulation shall be 20 feet.
(iii) The minimum modulation depth identified in subsection (7)(a)(ii) of this section may be reduced to two feet if tied to a change in color or building materials, and/or roofline modulation as defined in subsection (7)(c) of this section.
(iv) The director may consider departures from these standards, provided the proposed treatment meets or exceeds the intent of these standards.
(b) 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:
(i) Repeating distinctive window patterns at intervals of no more than 30 feet (see Figure 3 below for an example).
(ii) Horizontal modulation (upper level step-backs) (see Figure 4). To qualify for this measure, the minimum horizontal modulation shall be five feet.
(iii) Balconies that are recessed or projected from the facade at least 18 inches and integrated with the building’s architecture as determined by the director.
(iv) Change of building materials.
(v) Articulation of the building’s top, middle, and bottom. This typically includes a distinctive ground floor or lower floor design, consistent articulation of middle floors, and a distinctive roofline (see Figures 3 and 4.)
(c) Roofline Modulation. Roofline modulation can be used in order to articulate the structure:
(i) In order to qualify as an articulation element in subsection (7)(b) of this section or in this subsection, the roofline shall meet the following modulation requirement (see Figure 5):
(A) For flat roofs or facades with horizontal eave, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of the wall) when combined with vertical building modulation techniques described in subsection (7)(a) of this section. Otherwise, the minimum vertical dimension of roofline modulation is the greater of four feet or 0.2 multiplied by the wall height.
(B) Buildings with pitched roofs must include a minimum slope of 5:12 and feature modulated roofline components at the interval required per the applicable standard above.

Figure 3 – Note the repeating distinctive window patterns and the articulation of the building’s top, middle and bottom.

Figure 4 – An example of articulating a building’s top, middle, and bottom by utilizing brick on the ground floor, defined window patterns and articulation treatments on upper floors, and a distinctive roofline.

Figure 5 – Roofline modulation standards.

Figure 6 – Example of good articulation for a multifamily building.
(8) Building Design – Entrances. The intent of the building entrances standards is to ensure that buildings are inviting and accessible, and to encourage pedestrian activity. The principal building entrances of all buildings shall feature the following improvements, unless the director determines an alternate technique better addresses the intent of these standards:
(a) 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.
(b) 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.
(c) 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.

Figure 7 – Weather protection that articulates the front facade is provided.

Figure 8 – Ground floor residential units directly accessible to the street with landscaping defining the entry.

Figure 9 – An example of unacceptable townhouse design where there is no landscaping adjacent to the entries.
(9) Building Design – Details. The building design details standards are intended to ensure that buildings have design interest at all observable distances and to enhance the architecture of multifamily buildings. At closer distances, the most important aspects of a building are its design details, texture of materials, quality of its finishes, and small, decorative elements. Multifamily building facades shall incorporate four architectural details, except that if option e below is used, only three architectural details must be used. Chosen details shall be compatible with the chosen architectural character of the building. Detail options include:
(a) Decorative porch design with distinct design and use of materials.
(b) 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.
(c) Landscaped trellises or other decorative element that incorporates landscaping near the building entry or entries.
(d) 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.
(e) Brick or stonework covering more than 10 percent of the facade.
(f) Decorative building materials that add visual interest, including:
(i) Individualized patterns or continuous wood details.
(ii) Decorative moldings, brackets, wave trim or lattice work.
(iii) Decorative brick or stonework (may be in addition to the brick or stonework credits noted above if they are arranged in a decorative manner that adds visual interest to the facade).
(iv) Other materials with decorative or textural qualities as approved by the director. The applicant must submit architectural drawings and material samples for approval.
(g) Decorative roofline design, including multiple gables and/or dormers or other design that adds distinct visual interest.
(h) Decorative railings, grill work, or terraced landscape beds integrated along the facade of the building.
(i) Decorative balcony design, such as distinctive railings.
(j) Other details that meet the intent of the standards as approved by the director.

Figure 10 – This building uses brick for more than 10 percent of the facade, a decorative mix of materials and colors, decorative entries, and decorative windows to add visual interest.
(10) Window Design for Residential Uses. Building facades shall employ techniques to recess or project individual windows above the ground floor at least two inches from the facade, or incorporate window trim at least four inches in width that features color that contrasts with the base building color. Exceptions will be considered by the director where buildings employ other distinctive windows or facade treatments that add visual interest to the building.

Figure 11 – Acceptable and unacceptable window treatments.
(11) Building Materials. The building materials standards are intended to encourage the use of a variety of high-quality, durable materials that will enhance the visual image of the city; provide visual interest and distinct design qualities; and promote compatibility and improvement within surrounding neighborhoods through effective architectural detailing and the use of traditional building techniques and materials. The following standards apply:
(a) Building exteriors shall be constructed from high-quality, durable materials. Building materials such as masonry, stone, lap-siding, and wood are encouraged.
(b) 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:
(i) Plywood siding (including T-111 or similar plywood). Board and batten is an exception.
(ii) Corrugated fiberglass.
(iii) Noncorrugated and highly reflective sheet metal.
(iv) Chain link fencing; provided, that the director may approve chain link fencing when it is integrated into the overall site design (chain link fencing is also allowed for temporary purposes such as a construction site, or as a gate for a refuse enclosure).
(12) Blank Walls. The blank wall standards are intended to: reduce the visual impact of large, undifferentiated walls; reduce the apparent size of large walls through the use of various architectural and landscaping treatments; enhance the character and identity of the city; and ensure that all visible sides of buildings provide visual interest. Blank walls visible from a public street, sidewalk, trail, interior pathway, or parking lot are prohibited.
(a) A wall (including building facades and other exterior building walls, retaining walls, and fences) is defined as a blank wall if:
(i) A ground floor wall or portion of a ground floor wall over four feet in height has a horizontal length greater than 15 feet and does not include a transparent window or door; or
(ii) Any portion of a ground floor wall having a surface area of 400 square feet or greater does not include a transparent window or door.
(b) 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:
(i) Incorporate transparent windows or doors;
(ii) Install a vertical trellis in front of the wall with climbing vines or plant materials sufficient to obscure or screen at least 60 percent of the wall’s surface within three years. For large blank wall areas, the trellis must be used in conjunction with other treatments described below;
(iii) Provide a landscaped planting bed at least five feet wide, or a raised planter bed at least two feet high and three feet wide in front of the wall. Plant materials must be able to obscure or screen at least 60 percent of the wall’s surface within three years;
(iv) Provide artwork (mosaic, mural, sculpture, relief, etc.) over at least 50 percent of the blank wall surface; and/or
(v) Other method as approved by the director. For example, landscaping or other treatments may not be necessary on a wall that employs high-quality building materials (such as brick) and provides desirable visual interest.
Figure 12 – Blank wall treatments.

Figure 13 – Terraced planting beds effectively screen a large blank wall.
(Ord. 2927 § 3, 2013; Ord. 2870 § 6, 2011; Ord. 2852 § 10 (Exh. A), 2011).
(1) On sites abutting an alley, developments shall have parking areas placed to the rear of buildings with primary vehicular access via the alley, except when waived by the planning director due to physical site limitations or where disallowed by the city’s engineering design and development standards.
(2) When alley access is available, and provides adequate access for the site, its use will be required unless determined to be infeasible or undesirable as determined by the community development director.
(3) When common parking facilities for residences exceed 30 spaces, no more than 50 percent of the required parking shall be permitted between the street property line and any building, except when authorized by the planning director due to physical site limitations.
(4) Direct parking space access to an alley may be used for parking lots with five or fewer spaces.. (Ord. 3366 § 58 (Exh. FFF), 2025; Ord. 3352 § 61 (Exh. FFF), 2025; Ord. 3265 § 5 (Exh. C), 2023; Ord. 2852 § 10 (Exh. A), 2011).
The provisions of this section apply to building permits for single-family dwellings and middle housing, excluding accessory dwelling units and cottage housing; review will be done through the building permit process.
(1) It is the intent of these development standards that single-family dwellings and middle housing be compatible with neighboring properties, friendly to the streetscape, and in scale with the lots upon which they are to be constructed. The director is authorized to promulgate guidelines, graphic representations, and examples of housing designs and methods of construction that do or do not satisfy the intent of these standards.
(2) Entry. Where lots front on a public street, the house shall have doors and windows which face the street. Houses should have a distinct entry feature such as a porch or weather-covered entryway with an entry feature that is at least 60 square feet with no dimension less than six feet.
The director may approve a street orientation or entryway with dimensions different than specified herein; provided, the entry visually articulates the front facade of the dwelling to create a distinct entryway, meets setback requirements, provides weather cover, has a minimum dimension of four feet, and is attached to the home.
(3) Alleys.
(a) 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.
(b) The minimum driveway length may be reduced to between six and zero feet for garages when the following conditions are met:
(i) An alley is provided for access;
(ii) At least one off-street parking space, in addition to any provided in the garage, is provided to serve that dwelling unit and the stall(s) is conveniently located for that particular dwelling; and
(iii) The applicable total parking stall requirement is met.
(c) The rear yard setback may be reduced to zero feet to accommodate the garage.
(d) 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.
(e) Dwellings with a wall facing an alley must provide at least one window facing the alley to allow observation of the alley.
(4) Auto Courts. Auto courts shall comply with the standards set forth in the city’s engineering design and development standards. Where a consolidated road results in superior site design, circulation, safety or access management, auto courts may be required to be minimized and a consolidated public road provided.
(5) Facade and Driveway Cuts. If there is no alley access and the lot fronts on a public or private street, living space equal to at least 50 percent of the garage shall be flush with or projected forward of the garage, and the dwelling shall have entry, window and/or roofline design treatment which emphasizes the house more than the garage. Where materials and/or methods such as modulation, articulation, or other architectural elements such as porches, dormers, gables, or varied roofline heights are utilized, the director or designee may waive or reduce the 50 percent standard. Driveway cuts shall be no more than 80 percent of the lot frontage; provided, that the director or designee may waive the 80 percent maximum if materials and/or methods to de-emphasize the driveway, such as ribbon driveways, grasscrete surface, or accent paving, are utilized.
(6) Privacy. Dwellings built on lots without direct frontage on the public street should be situated to respect the privacy of abutting homes and to create usable yard space for the dwelling(s). The review authority shall have the discretion to establish setback requirements that are different than may otherwise be required in order to accomplish these objectives.
(7) Individual Identity. Home individuality will be achieved by the following:
(a) Avoiding the appearance of a long row of homes by means such as angling houses, varied street setbacks, and varied architectural design features.
(b) 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.
(c) 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.
(d) 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.
(8) Landscaping. Landscaping of a size and type consistent with the development will be provided to enhance the streetscape. Landscaping will enhance privacy for dwellings on abutting lots and provide separation and buffering on easement access drives.
(9) Duplexes and Middle Housing. Duplexes and middle housing must be designed to architecturally blend with the surrounding single-family dwellings and not be readily discernible as a duplex or middle housing but appear to be a single-family dwelling, or must comply with the individual identity provisions in subsection (7) of this section where distinct units are proposed (e.g., side-by-side duplex or townhouse units). (Ord. 3366 § 59 (Exh. GGG), 2025; Ord. 3352 § 62 (Exh. GGG), 2025; Ord. 2898 § 12, 2012; Ord. 2852 § 10 (Exh. A), 2011).
The on-site open space and recreation space standards are intended to provide usable, accessible, and inviting open space for residents that enhances residential areas. Multifamily residential uses shall provide open space equivalent to at least
20 percent of the building’s gross floor area. The required area may be satisfied with one or more of the elements listed below:
(1) Common open space accessible to all residents shall count for up to 100 percent of the required open space. This includes landscaped courtyards or decks, gardens with pathways, children’s play areas, or other multipurpose recreational and/or green spaces. Special requirements and recommendations for common spaces include the following:
(a) Space shall be large enough to provide functional leisure or recreational activity area per the director. For example, long narrow spaces less than 20 feet wide rarely, if ever, can function as usable common open space.
(b) Consider space as a focal point of development.
(c) Open space, particularly children’s play areas, shall be visible from dwelling units, positioned near pedestrian activity, and be accessible to all units.
(d) Space shall feature paths, plantings, seating, lighting and other pedestrian amenities to make the area more functional and enjoyable.
(e) Individual entries shall be provided onto common open space from adjacent ground floor residential units. Small, semiprivate open spaces for adjacent ground floor units that maintain visual access to the common area are strongly encouraged to enliven the space.
(f) Separate common space from ground floor windows, streets, service areas and parking lots with landscaping and/or low-level fencing, where desirable.
(g) Space shall be oriented to receive sunlight, facing east, west, or (preferably) south, when possible.
(h) Required setbacks, landscaping, driveways, parking, or other vehicular use areas shall not be counted toward the common open space requirement; 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.
(i) Rooftops or rooftop decks shall not be considered as common open space for the purpose of calculating minimum open space area; provided, that the director may consider rooftops or rooftop decks as common open space where usable open space amenities are provided and available to all residents.
(j) Outdoor open space shall not include areas devoted to parking or vehicular access.
(2) The following amenities may be used to satisfy up to 50 percent of the open space requirement. A combination of these amenities may be provided in different ratios; provided, that (i) the total credit for any combination of the following amenities may not exceed 50 percent of the open space requirement, and (ii) the amount of the amenity provided is sufficient to achieve the purpose of the amenity as determined by the director:
(a) Individual balconies that provide a space usable for human activity. To qualify, the balconies shall be at least 36 square feet and have no dimension less than six feet.
(b) Natural areas that function as an amenity to the development, subject to the following requirements and recommendations:
(i) The natural area shall be accessible to all residents. For example, safe and attractive trails provided along or through the natural area where they could serve as a major amenity to the development.
(ii) Steep slopes, wetlands, or similar unbuildable areas shall not be counted in the calculations for required open space unless they provide a visual amenity for all units, as determined by the director.
(c) Storm water retention areas if the facility has natural-looking edges, natural vegetation, and no fencing except along the property line. The design of such areas shall go well beyond functional storm water requirements per the director in terms of the area involved and the quality of landscaping and resident amenities. The side slope of the storm water facilities shall not exceed a grade of 1:3 (one vertical to three horizontal) unless slopes are existing, natural, and covered with vegetation.

Figure 14 – Conditions for storm water to be counted as an amenity
(3) Children’s play equipment and recreational activity space for children and/or teens that include parent seating areas are required in residential complexes with 20 or more units.
Exceptions: age-restricted senior citizen housing; mixed use developments; developments reserved for student housing; and developments located within a quarter mile of safe walking distance to a public park that features a play area.
(4) Active recreation facilities may be provided instead of common open space, subject to the following:
(a) Active recreation facilities may include, but are not limited to, exercise rooms, sports courts, swimming pools, tennis courts, game rooms, or community centers; and
(b) Indoor recreation areas may be credited towards the total recreation space requirement, when the director determines that such areas are located, designed and improved in a manner which provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors.

Figure 15 – A residential courtyard providing semiprivate patio spaces adjacent to individual units.

Figure 16 – Balconies provide private, usable open space for residents.

Figure 17 – Children’s play area incorporated into a multifamily development.
(Ord. 3265 § 6 (Exh. D), 2023; Ord. 3193 § 11, 2021; Ord. 2927 § 4, 2013; Ord. 2852 § 10 (Exh. A), 2011).
Townhouses, middle housing, single-family, and ground-based multifamily residential units with individual exterior entries must provide at least 200 square feet of private open space per dwelling unit adjacent to, and directly accessible from, each dwelling unit. This may include private balconies, individual rear yards, landscaped front yards, and covered front porch areas.
Exception: Common open space designed in accordance with MMC 22C.010.320(1) may substitute for up to 50 percent of each unit’s required private or semiprivate open space on a square foot per square foot basis. 
Figure 18 – These townhouses provide balconies and semi-private yard space.

Figure 19 – Common open space for a townhouse development

Figure 20 – Example of townhouse configuration with a combination of private open spaces adjacent to units and larger common open space accessible to all units.
(Ord. 3366 § 60 (Exh. HHH), 2025; Ord. 3352 § 63 (Exh. HHH), 2025; Ord. 3265 § 7 (Exh. E), 2023; Ord. 2927 § 5, 2013; Ord. 2852 § 10 (Exh. A), 2011).
(1) Unless the open space or recreation space is dedicated to the city pursuant to subsection (2) of this section, maintenance of any open space or recreation space retained in private ownership shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the city.
(2) Open space or recreation space may be dedicated as a public park when the following criteria are met:
(a) The dedicated area is at least one and one-half acres in size, except when adjacent to an existing or planned public park;
(b) The dedicated land provides one or more of the following:
(i) Shoreline access;
(ii) Regional trail linkages;
(iii) Habitat linkages;
(iv) Recreation facilities; or
(v) Heritage sites;
(c) The entire dedicated area is located less than one mile from the project site. (Ord. 2927 § 6, 2013; Ord. 2852 § 10 (Exh. A), 2011).
Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of providing on-site open space or recreation space when a proposed development is located within one-quarter mile of an existing or proposed recreational facility; and, in the discretion of the director, the proposed recreation facility will be of greater benefit to the prospective residents of the development. (Ord. 3265 § 8 (Exh. F), 2023; Ord. 2927 § 7, 2013; Ord. 2852 § 10 (Exh. A), 2011).
City acceptance of this payment is discretionary, and may be permitted if:
(1) The proposed on-site recreation space does not meet the criteria of MMC 22C.010.340(2); or
(2) The recreation space provided within a public park in the vicinity will be of greater benefit to the prospective residents of the development. (Ord. 2927 § 8, 2013; Ord. 2852 § 10 (Exh. A), 2011).
Developments shall provide storage space for the collection of recyclables as follows:
(1) The storage space shall be provided at the rate of:
(a) 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;
(b) Two square feet per every 1,000 square feet of building gross floor area in office, educational and institutional developments.
(2) The storage space for residential developments shall be apportioned and located in collection points as follows:
(a) The required storage area shall be dispersed in collection points throughout the site when a residential development comprises more than one building.
(b) There shall be one collection point for every 30 dwelling units.
(c) Collection points may be located within residential buildings, in separate buildings/structures without dwelling units, or outdoors.
(d) Collection points located in separate buildings/structures or outdoors shall be no more than 200 feet from a common entrance of a residential building.
(e) 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.
(3) The storage space for nonresidential development shall be apportioned and located in collection points as follows:
(a) Storage space may be allocated to a centralized collection point.
(b) Outdoor collection points shall not be located in any required setback areas.
(c) 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.
(d) Access to collection points may be limited, except during regular business hours and/or specified collection hours.
(4) The collection points shall be designed as follows:
(a) Dimensions of the collection points shall be of sufficient width and depth to enclose containers for recyclables.
(b) 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.
(c) Collection points shall be identified by signs not exceeding two square feet.
(d) A six-foot wall or fence shall enclose any outdoor collection point.
(e) 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.
(f) Weather protection of recyclables shall be ensured by using weather-proof containers or by providing a roof over the storage area.
(5) Only recyclable materials generated on site shall be collected and stored at such collection points. Except for initial sorting of recyclables by users, all other processing of such materials shall be conducted off site. (Ord. 3265 § 9 (Exh. G), 2023; Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. The fence standards promote the positive benefits of fences without negatively affecting the community or endangering public or vehicle safety. Fences can create a sense of privacy, protect children and pets, provide separation from busy streets, and enhance the appearance of property by providing attractive landscape materials. The negative effects of fences can include the creation of street walls that inhibit police and community surveillance, decrease the sense of community, hinder emergency access and the safe movement of pedestrians and vehicles, and create an unattractive appearance.
(2) Types of Fences.
(a) The standards apply to walls, fences, trellises, arbors and screens of all types whether open, solid, wood, metal, wire, masonry or other material.
(b) No barbed or razor-wire fence shall be permitted, except for the following:
(i) Confinement of livestock.
(ii) Public facilities, transmitter and transformer sites.
(iii) Government installations where security or public safety is required.
(3) Height.
(a) Access Streets.
(i) Front lot line: Four feet solid or six feet if entirely open-work fence.
(ii) Side lot line: Six feet.
(iii) Rear lot line: Six feet.
(b) Arterial Streets.
(i) Front lot line: Six feet; provided, that the top two feet are constructed as an open-work fence.
(ii) Side lot line: Six feet.
(iii) Rear lot line: Six feet.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(4) Setbacks.
(a) Front Lot Line.
(i) Solid fences greater than four feet in height shall be set back at least 20 feet from the street right-of-way, except in the following circumstances:
(A) For a corner lot the 20-foot setback shall only apply to the street which provides primary access to the lot.
(B) This setback requirement may be waived or modified by the city engineer or his designee if a fence is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks.
(ii) A four-foot fence, or six-foot fence with the top two feet constructed as an open-work fence, may be constructed on the front property line, provided the fence is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks.
(b) Side lot line: No setback requirement.
(c) Rear lot line: No setback requirement.
(d) For special rules relating to fences and walls near fire hydrants, see MMC 14.03.050(2) and the International Fire Code.
(5) Fence Variances.
(a) 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.
(b) 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.
(c) 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:
(i) If the proposed fence is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks;
(ii) The proposed fence will not infringe upon or interfere with utility and/or access easements or covenant rights or responsibilities;
(iii) The increased fence height will not adversely affect adjacent property owners;
(iv) Fences greater than six feet in height are required to obtain a city building permit;
(v) Other information which is relevant and necessary to make a determination as to the validity of the request for variation. Such additional information may include site plans, elevation drawings, and information concerning the surrounding properties and uses.
(d) 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.
(e) 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. (Ord. 2898 § 5, 2012; Ord. 2852 § 10 (Exh. A), 2011).
Where a single lot or a combination of lots under single ownership is developed with more than one multiple-family residential building, such property shall not be subsequently subdivided except when each division thereof complies with all requirements of applicable city codes and ordinances. (Ord. 2852 § 10 (Exh. A), 2011).
(1) To qualify for additional units under the affordable housing provisions of MMC 22C.010.070(3), an applicant shall commit to renting or selling the required number of units as affordable housing and meeting the standards of subsections (2) through (6) of this section.
(2) Dwelling units that qualify as affordable housing shall have costs, including utilities other than telephone, that do not exceed 30 percent of the monthly income of a household whose income does not exceed the following percentages of median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development:
(a) Rental housing: 60 percent.
(b) Owner-occupied housing: 80 percent.
(3) The units shall be maintained as affordable for a term of at least 50 years, and the property shall satisfy that commitment and all required affordability and income eligibility conditions.
(4) The applicant shall record a covenant or deed restriction that ensures the continuing rental or ownership of units subject to these affordability requirements consistent with the conditions in Chapter 84.14 RCW for a period of no less than 50 years.
(5) The covenant or deed restriction shall address criteria and policies to maintain public benefit if the property is converted to a use other than that which continues to provide for permanently affordable housing.
(6) The units dedicated as affordable housing shall:
(a) Be provided in a range of sizes comparable to other units in the development.
(b) The number of bedrooms in affordable units shall be in the same proportion as the number of bedrooms in units within the entire development.
(c) Generally, be distributed throughout the development and have substantially the same functionality as the other units in the development. (Ord. 3366 §§ 61, 62 (Exhs. III, JJJ), 2025; Ord. 3352 §§ 64, 65 (Exhs. III, JJJ), 2025).
Existing developments that do not conform to the development standards of this chapter are subject to the standards of Chapter 22C.100 MMC, Nonconforming Situations. (Ord. 2852 § 10 (Exh. A), 2011).
The standards pertaining to the required number of auto parking spaces, bicycle parking spaces, parking lot placement, parking lot setbacks and internal parking lot pedestrian connections are stated in Chapter 22C.130 MMC, Parking and Loading. (Ord. 2852 § 10 (Exh. A), 2011).
The sign standards are stated in Chapter 22C.160 MMC, Signs. (Ord. 2852 § 10 (Exh. A), 2011).
The landscaping and screening standards are stated in Chapter 22C.120 MMC, Landscaping and Screening. (Ord. 2852 § 10 (Exh. A), 2011).
See Chapter 22G.080 MMC, Planned Residential Developments. (Ord. 2852 § 10 (Exh. A), 2011).
The commercial, industrial, recreation and public institutional zone categories implement the commercial, industrial and recreational goals and policies and land use plan map designation of the comprehensive plan. The zones are for areas of the city designated by the comprehensive plan for commercial, industrial and recreational uses. The difference in the zoning categories reflects the diversity of commercial, industrial and recreation areas in the city. The zones are distinguished by the uses allowed and the intensity of development allowed. A wide range of uses is allowed in each zone. Limits on the intensity of uses and the development standards promote the desired character for the commercial, industrial or recreational area. The development standards are designed to allow a large degree of development flexibility within parameters that support the intent of the specific zone. The standards are intended to provide certainty to property owners, developers and neighbors about the limits of what is allowed in the various zoning categories. (Ord. 2852 § 10 (Exh. A), 2011).
The full names, short names and map symbols of the commercial, industrial, recreation and public institutional zones are listed below.
Full Name | Short Name/Map Symbol |
|---|---|
Neighborhood business | NB |
Community business | CB |
General commercial | GC |
Downtown commercial | DTC |
Mixed use | MU |
Light industrial | LI |
Light industrial with general commercial overlay | LI-GC |
General industrial | GI |
Recreation | REC |
Public/institutional zone | P/I |
Whiskey Ridge | WR (suffix to zone’s map symbol) |
Small farms overlay | SF (suffix to zone’s map symbol) |
Property-specific development standards | P (suffix to zone’s map symbol) |
(Ord. 3331 § 3 (Exh. C), 2024; Ord. 3260 § 5 (Exh. E), 2023; Ord. 3193 § 12, 2021; Ord. 2852 § 10 (Exh. A), 2011).
(1) Neighborhood Business Zone.
(a) The purpose of the neighborhood business zone (NB) is to provide convenient daily retail and personal services for a limited service area and to minimize impacts of commercial activities on nearby properties. These purposes are accomplished by:
(i) Limiting nonresidential uses to those retail or personal services which can serve the everyday needs of a surrounding residential area;
(ii) Allowing for a mix of housing and retail/service uses; and
(iii) Excluding industrial and community/regional business-scaled uses.
(b) Use of this zone is appropriate in neighborhood centers designated by the comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(2) Community Business and Community Business – Whiskey Ridge Zones.
(a) The purpose of the community business (CB) and community business – Whiskey Ridge (CB-WR) zones is to provide convenience and comparison retail and personal services for local service areas which exceed the daily convenience needs of adjacent neighborhoods but which cannot be served conveniently by larger activity centers, and to provide retail and personal services in locations within activity centers that are not appropriate for extensive outdoor storage or auto-related and industrial uses. These purposes are accomplished by:
(i) Providing for limited small-scale offices as well as a wider range of the retail, professional, governmental and personal services than are found in neighborhood business areas;
(ii) Allowing for a mix of housing and retail/service uses; provided, that housing is not allowed in the community business – Whiskey Ridge zone; and
(iii) Excluding commercial uses with extensive outdoor storage or fabrication and industrial uses.
(b) Use of this zone is appropriate in community business areas that are designated by the comprehensive plan and are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(3) General Commercial Zone.
(a) The purpose of the general commercial zone (GC) is to provide for the broadest mix of commercial, wholesale, service and recreation/cultural uses with compatible storage and fabrication uses, serving regional market areas and offering significant employment. These purposes are accomplished by:
(i) Encouraging compact development that is supportive of transit and pedestrian travel, through higher nonresidential building heights and floor area ratios than those found in CB zoned areas;
(ii) Allowing for outdoor sales and storage, regional shopping areas and limited fabrication uses; and
(iii) Concentrating large-scale commercial and office uses to facilitate the efficient provision of public facilities and services.
(b) Use of this zone is appropriate in general commercial areas that are designated by the comprehensive plan that are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(4) Downtown Commercial Zone.
(a) The purpose of the downtown commercial zone (DTC) is to provide for the broadest mix of comparison retail, service and recreation/cultural uses with higher density residential uses, serving regional market areas and offering significant employment. These purposes are accomplished by:
(i) Encouraging compact development that is supportive of transit and pedestrian travel, through higher nonresidential building heights and floor area ratios than those found in GC zoned areas;
(ii) Allowing for regional shopping areas, and limited fabrication uses; and
(iii) Concentrating large-scale commercial and office uses to facilitate the efficient provision of public facilities and services.
(b) Use of this zone is appropriate in downtown commercial areas that are designated by the comprehensive plan that are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(5) Mixed Use Zone.
(a) The purpose of the mixed use zone (MU) is to provide for pedestrian- and transit-oriented high-density employment uses together with limited complementary retail and higher density residential development in locations within activity centers where the full range of commercial activities is not desirable. These purposes are accomplished by:
(i) Allowing for uses that will take advantage of pedestrian-oriented site and street improvement standards;
(ii) Providing for higher building heights and floor area ratios than those found in the CB zone;
(iii) Reducing the ratio of required parking to building floor area;
(iv) Allowing for on-site convenient daily retail and personal services for employees and residents; and
(v) Minimizing auto-oriented, outdoor or other retail sales and services which do not provide for the daily convenience needs of on-site and nearby employees or residents.
(b) Use of this zone is appropriate in areas designated by the comprehensive plan for mixed use, or mixed use overlay, which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(6) Light Industrial Zone.
(a) The purpose of the light industrial zone (LI) is to provide for the location and grouping of non-nuisance-generating industrial enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research facilities, warehousing and limited retail uses. It is also a purpose of this zone to protect the industrial land base for industrial economic development and employment opportunities. These purposes are accomplished by:
(i) Allowing for a wide range of industrial and manufacturing uses;
(ii) Establishing appropriate development standards and public review procedures for industrial activities with the greatest potential for adverse impacts; and
(iii) Limiting residential, institutional, service, office and other nonindustrial uses to those necessary to directly support industrial activities.
(b) Use of this zone is appropriate in light industrial areas designated by the comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(7) Light Industrial With General Commercial Overlay Zone.
(a) The purpose of the light industrial with general commercial overlay zone is to provide for the location and grouping of non-nuisance-generating industrial enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research facilities, and warehousing along with the broadest mix of commercial, wholesale, service and recreation/cultural uses. This zone is intended as a transitional zone between light industrial and general commercial areas that allows the market to determine whether industrial or commercial uses are the highest and best use of the site.
(b) Use of this zone is appropriate in light industrial areas designated by the comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(8) General Industrial Zone.
(a) The purpose of the general industrial zone (GI) is to provide for the location and grouping of industrial enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research facilities, warehousing and heavy trucking and equipment but also for commercial uses having special impacts and regulated by other chapters of this title. It is also a purpose of this zone to protect the industrial land base for industrial economic development and employment opportunities. These purposes are accomplished by:
(i) Allowing for a wide range of industrial and manufacturing uses;
(ii) Establishing appropriate development standards and public review procedures for industrial activities with the greatest potential for adverse impacts; and
(iii) Limiting residential, institutional, service, office and other nonindustrial uses to those necessary to directly support industrial activities.
(b) Use of this zone is appropriate in general industrial areas designated by the comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(9) Recreation Zone.
(a) The purpose of the recreation zone (REC) is to establish areas appropriate for public and private recreational uses. Recreation would permit passive as well as active recreational uses such as sports fields, ball courts, golf courses, and waterfront recreation, but not hunting. This zone would also permit some resource land uses related to agriculture and fish and wildlife management.
(b) This recreation zone is applied to all land designated as “recreation” on the comprehensive plan map.
(10) Public/Institutional Zone.
(a) The purpose of the public/institutional (P/I) land use zone is to establish a zone for governmental buildings, churches and public facilities.
(b) This public/institutional zone is applied to all land designated as “public/institutional” on the comprehensive plan map.
(11) Small Farms Overlay Zone.
(a) The purpose of the small farms overlay zone (-SF suffix to zone’s map symbol) is to provide a process for registering small farms, thereby applying the small farms overlay zone and recording official recognition of the existence of the small farm, and to provide encouragement for the preservation of such farms, as well as encouraging good neighbor relations between single-family and adjacent development.
(b) Use of this zone is appropriate for existing and newly designated small farms. (Ord. 3331 § 4 (Exh. D), 2024; Ord. 3260 § 6 (Exh. F), 2023; Ord. 3193 § 13, 2021; Ord. 3159 § 2, 2020; Ord. 2852 § 10 (Exh. A), 2011).
The standards in this chapter state the allowed uses and development standards for the base zones. Sites with overlay zones, subarea or master plans are subject to additional standards. The official zoning maps indicate which sites are subject to these additional standards. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Permitted Uses (P). Uses permitted in the commercial, industrial, recreation and public institutional zones are listed in MMC 22C.020.060 with a “P.” These uses are allowed if they comply with the development standards and other standards of this chapter.
(2) Conditional Uses (C). Uses that are allowed if approved through the conditional use review process are listed in MMC 22C.020.060 with a “C.” These uses are allowed provided they comply with the conditional use approval criteria for that use, the development standards and other standards of this chapter. Uses listed with a “C” that also have a footnote number in the table are subject to the standards cited in the footnote. The conditional use review process and approval criteria are stated in Chapter 22G.010 MMC.
(3) Uses Not Permitted. If no symbol appears in the box at the intersection of the column and the row, the use is not permitted in that district, except for certain temporary uses.
(4) If a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above, the general requirements of this code and the specific conditions indicated in the development condition with the corresponding number as listed in MMC 22C.020.070.
(5) If more than one letter-number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitation or conditions depending on the review process indicated by the letter, the general requirements of this code and the specific conditions indicated in the development condition with the corresponding number as listed in MMC 22C.020.070.
(6) All applicable requirements shall govern a use whether or not they are cross-referenced in a section. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Use Regulations That May Be Modified. An applicant may propose, and the director may approve, deny or conditionally approve a modification of the special regulations and notes in MMC 22C.020.070.
(2) Review Process.
(a) An applicant shall submit a request for modification, providing such information as is required by the director, including application fees.
(b) Notice of the proposed modification shall be provided to contiguous property owners.
(3) Evaluation Criteria. Any proposal to modify use regulations shall not undermine the intent of the standards. The director shall not approve a request for modification unless the proposal provides design elements or other appropriate mitigation equivalent or superior to what would likely result from compliance with the use regulations which are proposed to be modified. The director shall consider the following criteria in making a decision:
(a) The request for modification meets the intent of the standards being modified.
(b) 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.
(c) The request for modification meets any additional modification criteria for specific uses in this title. (Ord. 3207 § 4, 2022).
Specific Land Use | NB | CB | CB-WR | GC | DTC | MU (63) | LI-GC | LI | GI | REC | P/I |
|---|---|---|---|---|---|---|---|---|---|---|---|
Residential Land Uses | |||||||||||
Dwelling Units, Types: |
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Townhouse |
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| P6 | P |
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Multiple-family | C4 | P4, C5 |
| P4, C5 | P4, P6 | P |
|
|
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|
|
Manufactured home | P7 | P7 |
| P7 |
| P7 | P7 | P7 | P7 |
|
|
Mobile home | P7 | P7 | P7 | P7 | P7 | P7 | P7 | P7 | P7 |
|
|
Recreational vehicle | P7 | P7 |
| P7 |
| P7 | P7 | P7 | P7 |
|
|
Tiny house or tiny house on wheels | P7 | P7 |
| P7 |
| P7 | P7 | P7 | P7 |
|
|
Senior citizen assisted | P |
|
|
|
| C |
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|
| P |
Caretaker’s quarters (3) | P | P | P | P | P | P | P | P | P | P | P |
Group Residences: |
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Adult family home (70) | P | P | P | P | P | P |
|
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| P |
Convalescent, nursing, retirement | C | P |
|
| P | P |
|
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|
| P |
Residential care facility | P | P |
|
| P | P | P70 | P70 | P70 | P70 | P |
Master planned senior community (10) |
|
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|
|
| C |
|
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|
| C |
Enhanced services facility (77) |
| P |
| P |
| P |
|
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Transitional housing facilities (79) | P | P | P | P |
| P | P | P |
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Permanent supportive housing (79) | P | P | P | P |
| P | P | P |
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Emergency housing (80) | P, C | P, C | P, C | P, C |
| P, C | P, C | P, C |
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Emergency shelters – Indoor (80) | P, C | P, C | P, C | P, C |
| P, C | P, C | P, C |
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Accessory Uses: |
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Home occupation (2) | P8 | P8, P9 | P8, P9 | P8, P9 | P8, P9 | P8, P9 | P8, P9 | P9 | P9 |
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Temporary Lodging: |
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Hotel/motel | P | P | P | P | P | P | P75 | P75 |
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Bed and breakfast guesthouse (1) |
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Bed and breakfast inn (1) | P | P | P | P |
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| P |
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Recreation/Cultural Land Uses | |||||||||||
Park/Recreation: |
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Park | P11 | P | P | P | P | P | P | P | P | P11 | P |
Marina |
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| P |
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| P | C | P |
Dock and boathouse, private, noncommercial |
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| P |
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| P | P16 | P |
Boat launch, commercial or public |
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| P |
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| P |
| P |
Boat launch, noncommercial or private |
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| P |
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| P | P17 | P |
Community center | P | P | P | P | P | P | P | P | P | P | P |
Amusement/Entertainment: |
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Theater |
| P | P | P | P | P | P |
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Theater, drive-in |
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| C |
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| C |
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Amusement and recreation services |
| P18 | P18 | P18 | P18 | P19 | P | P | C |
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Sports club | P | P | P | P | P | P | P | P | P |
|
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Golf facility (13) |
| P | P | P |
|
| P | P | P | C |
|
Shooting range (14) |
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| P15 |
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| P15 | P15 |
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Outdoor performance center |
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| C |
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| C | C |
| C | C |
Riding academy |
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| P | P |
| C |
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Cultural: |
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Library, museum and art gallery | P | P | P | P | P | P | P | P | P | C | P |
Church, synagogue and temple | P | P | P | P | P | P | P | P | P |
| P |
Dancing, music and art center |
| P | P | P | P | P | P |
|
| C | P |
General Services Land Uses | |||||||||||
Personal Services: |
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General personal service | P | P | P | P | P | P | P | P | P |
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Dry cleaning plant |
| P | P |
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| P | P | P |
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Dry cleaning pick-up station and retail service | P | P | P | P | P | P25 | P | P76 | P |
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Funeral home/crematory |
| P | P | P | P | P26 | P | P76 | P |
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Cemetery, columbarium or mausoleum | P24 | P24 | P24 | P24, C20 |
|
| P | P | P |
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Day care I | P70 | P70 | P70 | P70 | P70 | P70 | P70 | P21, 70 | P70 | P70 | P70 |
Day care II | P | P | P | P | P | P | P | P21 |
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Veterinary clinic | P | P | P | P | P | P | P | P76 | P |
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Automotive repair and service | P22 | C, P28 | C, P28 | P |
|
| P | P | P |
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Electric vehicle (EV) charging station (64) | P | P | P | P | P | P | P | P | P | P | P |
EV rapid charging station (65), (66) | P | P | P | P | P67 | P67 | P | P | P |
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EV battery exchange station |
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| P |
|
| P | P | P |
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Miscellaneous repair |
| P | P | P |
|
| P | P | P |
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Social services |
| P | P | P | P | P | P |
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| P |
Kennel, commercial and exhibitor/breeding (71) |
| P | P | P |
|
| P | P | P |
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Pet daycare (71), (72) |
| P | P | P | P | P | P | P76 | P |
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Civic, social and fraternal association |
| P | P | P | P | C | P |
| P |
| P |
Club (community, country, yacht, etc.) |
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| P |
| P |
Health Services: |
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Medical/dental clinic | P | P | P | P | P | P | P |
|
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| P |
Hospital |
| P | P | P | P | C | P |
|
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| C |
Miscellaneous health | P68 | P68 | P68 | P68 | P68 | P68 | P68 |
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| P68 |
Supervised drug consumption facility |
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Education Services: |
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Elementary, middle/junior high, and senior high (including public, private and parochial) |
| C | C | C | C | C | P | P | C |
| C |
Commercial school | P | P | P |
| P | P27 |
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|
| C |
School district support facility | C | P | P | P | P | P | P | P | P |
| P |
Vocational school |
| P | P | P | P | P27 | P |
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| P |
Government/Business Service Land Uses | |||||||||||
Government Services: |
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Public agency office | P | P | P | P | P | P | P | P | P |
| P |
Public utility yard |
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| P |
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| P | P |
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| P |
Public safety facilities, including police and fire | P29 | P | P | P | P | P | P | P |
|
| P |
Utility facility | P | P | P | P |
| C | P | P | P |
| P |
Private storm water management facility | P | P | P | P | P | P | P | P | P |
| P |
Public storm water management facility | P | P | P | P | P | P | P | P | P |
| P |
Business Services: |
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Contractors’ office and storage yard |
|
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| P30 | P30 | P30 | P | P | P |
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Interim recycling facility |
| P23 | P23 | P23 |
|
| P | P |
|
| P |
Taxi stands |
| P | P | P |
|
| P | P | P |
|
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Trucking and courier service |
| P31 | P31 | P31 |
|
| P | P | P |
|
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Warehousing and wholesale trade |
|
|
| P |
|
| P | P | P |
|
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Mini-storage (36) |
| C78 |
| C78 |
|
| C78 | P76 | P |
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Freight and cargo service |
|
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| P |
|
| P | P | P |
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Cold storage warehousing |
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| P | P | P |
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General business service and office | P | P | P | P | P | P30 | P | P | P |
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Commercial vehicle storage |
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| P | P | P |
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Professional office | P | P | P | P | P | P | P | P |
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Miscellaneous equipment rental |
| P30, 37 | P30, 37 | C38 |
| P30, 37 | P | P | P |
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Automotive rental and leasing |
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| P |
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| P | P | P |
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Automotive parking | P | P | P | P | P | P | P | P | P |
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Research, development and testing |
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| P |
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| P | P | P |
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Heavy equipment and truck repair |
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| P | P | P |
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Automobile holding yard |
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| C |
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| P | P | P |
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Commercial/industrial accessory uses (73) | P39, 40 | P39 | P39 | P39 | P39, 40 | P39, 40 | P | P | P |
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Adult facility |
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| P33 |
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Factory-built commercial building (35) | P | P | P | P | P |
| P | P | P |
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Wireless communication facility (32) | P, C | P, C | P, C | P, C | P, C | P, C | P, C | P, C | P, C |
| P, C |
State-Licensed Marijuana Facilities: | |||||||||||
Marijuana cooperative (69) |
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Marijuana processing facility – Indoor only (69) |
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Marijuana production facility – Indoor only (69) |
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Marijuana retail facility (69) |
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Retail/Wholesale Land Uses | |||||||||||
Building, hardware and garden materials | P47 | P | P | P | P | P47 | P | P76 | P |
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Forest products sales |
| P | P | P |
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| P | P |
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Department and variety stores | P | P | P | P | P | P | P | P76 |
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Food stores | P | P | P | P | P | P45 | P | P76 |
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Agricultural crop sales |
| P | P | P |
| C | P | P76 |
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Storage/retail sales, livestock feed |
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| P76 | P |
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Motor vehicle and boat dealers |
| P | P | P |
|
| P | P | P |
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Motorcycle dealers |
| P | P | P | P49 |
| P | P | P |
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Gasoline service stations | P | P | P | P | P |
| P | P76 | P |
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Eating and drinking places | P41 | P | P | P | P | P46 | P | P46 | P |
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Drugstores | P | P | P | P | P | P | P | P76 | P |
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Liquor stores |
| P | P | P |
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| P |
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Used goods: antiques/secondhand shops |
| P | P | P | P | P | P |
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Sporting goods and related stores |
| P | P | P | P | P | P |
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Book, stationery, video and art supply stores | P | P | P | P | P | P | P |
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Jewelry stores |
| P | P | P | P | P | P |
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Hobby, toy, game shops | P | P | P | P | P | P | P |
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Photographic and electronic shops | P | P | P | P | P | P | P |
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Fabric and craft shops | P | P | P | P | P | P | P |
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|
Fuel dealers |
|
|
| P43 |
|
| P43 | P43 | P43 |
|
|
Florist shops | P | P | P | P | P | P | P |
|
|
|
|
Pet shops | P | P | P | P | P | P | P |
|
|
|
|
Tire stores |
| P | P | P | P |
| P | P76 | P |
|
|
Bulk retail |
| P | P | P |
|
| P | P76 |
|
|
|
Auction houses |
|
|
| P42 |
|
| P42 | P76 |
|
|
|
Truck and heavy equipment dealers |
|
|
|
|
|
|
| P | P |
|
|
Mobile home and RV dealers |
|
|
| C |
|
| P | P | P |
|
|
Retail stores similar to those otherwise named on this list | P | P | P | P | P | P48 | P | P44, 76 | P44 |
|
|
Automobile wrecking yards |
|
|
|
|
|
| C | C | P |
|
|
Manufacturing Land Uses | |||||||||||
Food and kindred products |
| P50, 52 | P50, 52 | P50 |
|
| P50 | P50 | P |
|
|
Winery/brewery |
| P53 | P53 | P | P53 | P53 | P | P | P |
|
|
Textile mill products |
|
|
|
|
|
| P | P | P |
|
|
Apparel and other textile products |
|
|
| C |
|
| P | P | P |
|
|
Wood products, except furniture |
|
|
| P |
|
| P | P | P |
|
|
Furniture and fixtures |
|
|
| P |
|
| P | P | P |
|
|
Paper and allied products |
|
|
|
|
|
| P | P | P |
|
|
Printing and publishing | P51 | P51 | P51 | P |
| P51 | P | P | P |
|
|
Chemicals and allied products |
|
|
|
|
|
| C | C | C |
|
|
Petroleum refining and related industries |
|
|
|
|
|
| C | C | C |
|
|
Rubber and misc. plastics products |
|
|
|
|
|
| P | P | P |
|
|
Leather and leather goods |
|
|
|
|
|
| C | C | C |
|
|
Stone, clay, glass and concrete products |
|
|
|
|
|
| P | P | P |
|
|
Primary metal industries |
|
|
|
|
|
| C | C | P |
|
|
Fabricated metal products |
|
|
| C |
|
| P | P | P |
|
|
Industrial and commercial machinery |
|
|
|
|
|
| C | C | P |
|
|
Heavy machinery and equipment |
|
|
|
|
|
| C | C | P |
|
|
Computer and office equipment |
|
|
| C |
|
| P | P |
|
|
|
Electronic and other electric equipment |
|
|
| C |
|
| P | P |
|
|
|
Railroad equipment |
|
|
|
|
|
| C | C | P |
|
|
Miscellaneous light manufacturing |
|
|
| P54, 74 | P54 |
| P | P | P |
|
|
Motor vehicle and bicycle manufacturing |
|
|
|
|
|
| C | C | P |
|
|
Aircraft, ship and boat building |
|
|
|
|
|
| C | C | P |
|
|
Tire retreading |
|
|
|
|
|
| C | C | P |
|
|
Movie production/distribution |
|
|
| P |
|
| P | P |
|
|
|
Resource Land Uses | |||||||||||
Agriculture: |
|
|
|
|
|
|
|
|
|
|
|
Growing and harvesting crops |
|
|
|
|
|
| P | P | P | P |
|
Raising livestock and small animals |
|
|
|
|
|
| P | P | P | P |
|
Greenhouse or nursery, wholesale and retail |
|
|
| P |
|
| P | P | P | C |
|
Farm product processing |
|
|
|
|
|
| P | P | P |
|
|
Forestry: |
|
|
|
|
|
|
|
|
|
|
|
Growing and harvesting forest products |
|
|
|
|
|
| P | P |
|
|
|
Forest research |
|
|
|
|
|
| P | P |
|
|
|
Wood waste recycling and storage |
|
|
|
|
|
| C | C | C |
|
|
Fish and Wildlife Management: |
|
|
|
|
|
|
|
|
|
|
|
Hatchery/fish preserve (55) |
|
|
|
|
|
| P | P | P | C |
|
Aquaculture (55) |
|
|
|
|
|
| P | P | P | C |
|
Wildlife shelters | C | C | C |
|
|
|
|
|
| P |
|
Mineral: |
|
|
|
|
|
|
|
|
|
|
|
Processing of minerals |
|
|
|
|
|
| P | P | P |
|
|
Asphalt paving mixtures and block |
|
|
|
|
|
| P | P | P |
|
|
Regional Land Uses | |||||||||||
Jail |
| C | C | C |
|
| C | C |
|
|
|
Regional storm water management facility |
| C | C | C | C |
| C | C | C |
| P |
Public agency animal control facility |
|
|
| C |
|
| P | P | P |
| C |
Public agency training facility |
| C56 | C56 | C56 |
| C56 | C56 | C57 |
|
| C57 |
Nonhydroelectric generation facility | C | C | C | C |
|
| C | C | C |
| C |
Energy resource recovery facility |
|
|
|
|
|
| C | C |
|
|
|
Soil recycling/incineration facility |
|
|
|
|
|
| C | C | C |
|
|
Solid waste recycling |
|
|
|
|
|
|
|
| C |
| C |
Transfer station |
|
|
|
|
|
| C | C | C |
| C |
Wastewater treatment facility |
|
|
|
|
|
| C | C | C |
| C |
Transit bus base |
|
|
| C |
|
| P | P |
|
| C |
Transit park and pool lot | P | P | P | P | P | P | P | P | P |
| P |
Transit park and ride lot | P | P | P | P | P | P | P | P | P |
| C |
School bus base | C | C | C | C |
|
| P | P |
|
| C58 |
Racetrack | C59 | C59 | C59 | C |
|
| P | P |
|
|
|
Fairground |
|
|
|
|
|
| P | P | P |
| C |
Zoo/wildlife exhibit |
| C | C | C |
|
|
|
|
|
| C |
Stadium/arena |
|
|
| C |
|
| C | C | P |
| C |
College/university | C | P | P | P | P | P | P | P | P |
| C |
Secure community transition facility |
|
|
|
|
|
|
|
| C60 |
|
|
Opiate substitution treatment program facilities |
| P61, 62 | P61, 62 | P61, 62 | P61, 62 |
| P62 | P62 | P62 |
|
|
(Ord. 3331 § 5 (Exh. E), 2024; Ord. 3260 § 7 (Exh. G), 2023; Ord. 3243 § 5 (Exh. B), 2022; Ord. 3205 § 5, 2022; Ord. 3196 § 3 (Exh. A), 2021; Ord. 3193 § 14, 2021; Ord. 3180 § 2 (Exh. A), 2021; Ord. 3164 § 6, 2020; Ord. 3159 § 3, 2020; Ord. 3137 § 3 (Exh. B), 2019; Ord. 3086 § 1, 2018; Ord. 3085 § 3, 2018; Ord. 3071 § 4, 2017; Ord. 3057 § 6, 2017; Ord. 3054 § 12, 2017; Ord. 3022 § 9, 2016; Ord. 2985 § 5, 2015; Ord. 2981 § 1, 2015; Ord. 2980 § 1, 2015; Ord. 2959 § 7, 2014; Ord. 2932 § 3, 2013; Ord. 2898 § 9, 2012; Ord. 2852 § 10 (Exh. A), 2011).
(1) Bed and breakfast guesthouses and inns are subject to the requirements and standards contained in Chapter 22C.210 MMC, Bed and Breakfasts.
(2) Home occupations are subject to the requirements and standards contained in Chapter 22C.190 MMC, Home Occupations.
(3) Limited to one dwelling unit for the purposes of providing on-site service and security of a commercial or industrial business. Caretaker’s quarters are subject to the provisions set forth in Chapter 22C.110 MMC, entitled “Temporary Uses.”
(4) All units must be located above a street-level commercial use; provided, that in the community business (CB) zone within Lakewood neighborhood planning area 11, a horizontal mixed use project may be proposed through a development agreement approved by city council.
(5) Twenty percent of the units, but no more than two total units, may be located on the street level of a commercial use, if conditional use permit approval is obtained and the units are designed exclusively for ADA accessibility. The street-level units shall be designed so that the units are not located on the street front and primary access is towards the rear of the building.
(6) Reserved.
(7) Manufactured homes, mobile homes, recreational vehicles, and tiny houses with wheels are only allowed in existing mobile/manufactured home parks.
(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) Reserved.
(13) Golf Facility.
(a) Structures, driving ranges and lighted areas shall maintain a minimum distance of 50 feet from property lines adjoining residential zones.
(b) Restaurants are permitted as an accessory use to a golf course.
(14) Shooting Range.
(a) Structures and ranges shall maintain a minimum distance of 50 feet from property lines adjoining residential zones;
(b) Ranges shall be designed to prevent stray or ricocheting projectiles or pellets from leaving the property; and
(c) Site plans shall include safety features of the range; provisions for reducing noise produced on the firing line; and elevations of the range showing target area, backdrops or butts.
(15) Only in an enclosed building.
(16) Dock and Boathouse, Private, Noncommercial.
(a) The height of any covered overwater structure shall not exceed 20 feet as measured from the line of ordinary high water;
(b) The total roof area of covered, overwater structures shall not exceed 1,000 square feet;
(c) The entirety of such structures shall have not greater than 50 percent of the width of the lot at the natural shoreline upon which it is located;
(d) No overwater structure shall extend beyond the average length of all preexisting over-water structures along the same shoreline and within 300 feet of the parcel on which proposed. Where no such preexisting structures exist within 300 feet, the pier length shall not exceed 50 feet;
(e) Structures permitted hereunder shall not be used as a dwelling; and
(f) Covered structures are subject to a minimum setback of five feet from any side lot line or extension thereof. No setback from adjacent properties is required for any uncovered structure, and no setback from water is required for any structure permitted hereunder.
(17) Boat Launch, Noncommercial or Private.
(a) The city may regulate, among other factors, required launching depth, and length of docks and piers;
(b) Safety buoys shall be installed and maintained separating boating activities from other water-oriented recreation and uses where this is reasonably required for public safety, welfare and health; and
(c) All site improvements for boat launch facilities shall comply with all other requirements of the zone in which they are located.
(18) Excluding racetrack operation.
(19) Amusement and recreation services shall be a permitted use if they are located within an enclosed building, or a conditional use if located outside. In both instances they would be subject to the exclusion of a racetrack operation similar to other commercial zones.
(20) Structures shall maintain a minimum distance of 100 feet from property lines adjoining residential zones.
(21) Permitted as an accessory use; see MMC 22A.020.020, the definition of “Accessory use, commercial/industrial.”
(22) Only as an accessory to a gasoline service station; see retail and wholesale permitted use table in MMC 22C.020.060.
(23) All processing and storage of material shall be within enclosed buildings and excluding yard waste processing.
(24) Limited to columbariums accessory to a church; provided, that existing required landscaping and parking are not reduced.
(25) Drive-through service windows in excess of one lane are prohibited in Planning Area 1.
(26) Limited to columbariums accessory to a church; provided, that existing required landscaping and parking are not reduced.
(27) All instruction must be within an enclosed structure.
(28) Car washes shall be permitted as an accessory use to a gasoline service station.
(29) Public Safety Facilities, Including Police and Fire.
(a) All buildings and structures shall maintain a minimum distance of 20 feet from property lines adjoining residential zones;
(b) Any buildings from which fire-fighting equipment emerges onto a street shall maintain a distance of 35 feet from such street.
(30) Outdoor storage of materials or vehicles must be accessory to the primary building area and located to the rear of buildings. Outdoor storage is subject to an approved landscape plan that provides for effective screening of storage, so that it is not visible from public right-of-way or neighboring properties.
(31) Limited to self-service household moving truck or trailer rental accessory to a gasoline service station.
(32) All WCFs and modifications to WCFs are subject to Chapter 22C.250 MMC including but not limited to the siting hierarchy, MMC 22C.250.060. WCFs may be a permitted use or a CUP may be required subject to MMC 22C.250.040.
(33) Subject to the conditions and requirements listed in Chapter 22C.030 MMC.
(34) Reserved.
(35) A factory-built commercial building may be used for commercial purposes subject to the following requirements:
(a) A factory-built commercial building must be inspected at least two times at the factory by the State Building and Electrical Inspector during the construction process, and must receive a state approval stamp certifying that it meets all requirements of the International Building and Electrical Codes. At the building site, the city building official will conduct foundation, plumbing and final inspections; and
(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 in the light industrial zone.
(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.
(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.
(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.
(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. Hotels/motels that are proposed to locate within Arlington Airport Protection Subdistricts B and C shall be required to coordinate with the Arlington Municipal Airport to ensure that height, glare, and other aspects of the hotels/motels are compatible with air traffic and airport operations.
(76) Use limited to properties that have property frontage along State Avenue/Smokey Point Boulevard.
(77) Enhanced services facilities (ESFs) are permitted when the building is located within the area depicted in MMC 22C.280.050, Figure 1. In the GC and CB zones, ESFs shall be located in a building in which the ESF is located above a permitted ground floor commercial use. See Chapter 22C.280 MMC for enhanced services facility regulations.
(78) Mini-storage facilities may be allowed in the CB and GC zones as a conditional use on property located east of Interstate 5, north of 100th Street, and west of 47th Avenue NE, subject to the following conditions:
(a) The property does not have direct frontage on an arterial street.
(b) Vehicular access to the property is limited by physical constraints, such as railroad tracks, proximity to congested public street intersections where turning movements are restricted, or other physical barriers that limit convenient vehicular access for higher-traffic-generating uses such as retail or office.
(c) Buildings shall be located a minimum of 150 feet from the nearest arterial street or interstate highway right-of-way.
(79) An operations plan, to mitigate potential impacts on the surrounding community, must be provided by the sponsor and/or property owner at the time of application. The operations plan must address the following elements to the satisfaction of the city:
(a) Name and contact information for key staff;
(b) Roles and responsibilities of key staff;
(c) Site/facility management, including a security and emergency plan;
(d) Site/facility maintenance;
(e) 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;
(f) Provision of human and social services, including staffing plan and outcome measures;
(g) Outreach with surrounding property owners and residents and ongoing good neighbor policy;
(h) Procedures for maintaining accurate and complete records; and
(i) Additional information as requested by the community development director to ensure current best practices for permanent supportive housing and transitional housing facilities are used.
(80) All facilities are subject to the regulations set forth in Chapter 22C.290 MMC, Emergency Housing and Shelters. Facilities with 30 or more residents require a conditional use permit. (Ord. 3331 § 6 (Exh. F), 2024; Ord. 3263 § 2 (Exh. B), 2023; Ord. 3260 § 8 (Exh. H), 2023; Ord. 3243 § 6 (Exh. C), 2022; Ord. 3205 § 6, 2022; Ord. 3196 § 3 (Exh. A), 2021; Ord. 3193 § 15, 2021; Ord. 3180 § 2 (Exh. A), 2021; Ord. 3164 § 7, 2020; Ord. 3159 § 4, 2020; Ord. 3137 § 3 (Exh. B), 2019; Ord. 3086 § 2, 2018; Ord. 3054 § 13, 2017; Ord. 3022 § 10, 2016; Ord. 2985 § 6, 2015; Ord. 2981 § 2, 2015; Ord. 2979 § 4, 2014; Ord. 2959 § 8, 2014; Ord. 2932 § 4, 2013; Ord. 2898 § 10, 2012; Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. The purpose of this section is to allow existing buildings located in nonresidential zones to be considered for uses that are not otherwise permitted, but which, if properly designed and managed, would not create negative impacts on surrounding properties or the area in general. Existing buildings that, due to their location or configuration are not readily usable for permitted uses, as determined by the director, may be considered using the process described herein. This process differs from the unlisted use process listed in MMC 22A.010.070 in that uses that are not specifically authorized in the zone may be considered using the process described herein.
(2) Review Process.
(a) An applicant shall submit a request for modification, providing such information as is required by the director, including application fees.
(b) Notice of the proposed modification shall be provided to contiguous property owners.
(3) Review Criteria. The following criteria shall be used as the basis for approving, denying, or conditionally approving a request to allow the use of existing building space for a use not otherwise permitted in the zone.
(a) Traffic generated by the proposed use.
(b) Impacts from odor, noise, vibration, dust or other nuisances.
(c) Aesthetic character and quality of the proposed use.
(d) Public safety impacts.
(e) Compliance with building and fire codes.
(f) Hours of the day of proposed use or activity.
(g) Proposed management and operational procedures to minimize and mitigate potential impacts.
(h) Other factors not specified herein that would create a conflict with the uses that are permitted in the zone.
(4) Actions Authorized.
(a) Approval. The city may approve a proposal that is found to be compatible with surrounding land uses.
(b) Denial. Any proposal that would adversely affect properties in the immediate vicinity or give the outward appearance of a use or activity that is incompatible with the intent and purpose of the zone in which it is located shall be denied.
(c) Revocation. The city shall retain the right to revoke an approval issued under this section for a use that fails to comply with any conditions of said approval, or which operates in a manner inconsistent with representations made in the application. (Ord. 3207 § 6, 2022).
(1) Interpretation of Tables.
(a) Subsection (2) of this section contains general density and dimension standards for the various zones and limitations specific to a particular zone(s). Additional rules and exceptions, and methodology, are set forth in MMC 22C.020.090.
(b) The density and dimension table is arranged in a matrix format and is delineated into the commercial, industrial, recreation and public institutional use categories.
(c) Development standards are listed down the left side of the table, and the zones are listed at the top. The matrix cells contain the minimum dimensional requirements of the zone. The parenthetical numbers in the matrix identify specific requirements applicable either to a specific use or zone. If more than one standard appears in a cell, each standard will be subject to any applicable parenthetical footnote set forth in MMC 22C.020.090.
(2) General Densities and Dimension Standards.
Standards | NB | CB | GC | DTC | MU (12) | LI (19) | GI | REC | P/I | WR-MU (15) | WR-CB (15) |
|---|---|---|---|---|---|---|---|---|---|---|---|
Base density: Dwelling unit/acre | None (18) | 12 | 12 | 12 | 28 (1) | 0 | 0 | 0 | 0 | 12 | 0 |
Maximum density: Dwelling unit/acre | None (18) | 27 (13) | None (13) | None | 28 | 0 | 0 | 0 | 0 | 18 (13) | 0 |
Minimum street setback (3) | 20 feet | None (7) | None (7) | None (7) | None (7, 8) | None (7) | None (7) | 20 feet | None (7, 8) | None (7, 8, 14) | None (7, 14) |
Minimum interior setback | 10 feet (side) 20 feet (rear) | None (4) | None (4) | None (4) | None (9) | None (4) 50 feet (5) | None (4) 50 feet (5) | None (4) | None (4) | 5 feet (9, 16, 17) | None (4) |
Base height (6) | 25 feet | 55 feet | 35 feet | 55 feet | 45 feet | 65 feet | 65 feet | 35 feet | 45 feet | 45 feet | 55 feet |
Maximum impervious surface: Percentage | 75% | 85% | 85% | 85% | 85%, 75% (11) | 85% | 85% | 35% | 75% | 85%, 75% (11) | 85% |
(Ord. 3331 § 7 (Exh. G), 2024; Ord. 3263 § 3 (Exh. C), 2023; Ord. 3260 § 9 (Exh. I), 2023; Ord. 3235 § 2 (Exh. A), 2022; Ord. 3216 § 2 (Exh. A), 2022; Ord. 3193 § 16, 2021; Ord. 3159 § 5, 2020; Ord. 3107 § 3, 2018; Ord. 2852 § 10 (Exh. A), 2011).
(1) These densities are allowed only through the application of mixed use development standards.
(2) Reserved.
(3) Gas station pump islands shall be placed no closer than 25 feet to street front lines. Pump island canopies shall be placed no closer than 15 feet to street front lines.
(4) A 25-foot setback is required on property lines adjoining residentially designated property.
(5) A 50-foot setback only required on property lines adjoining residentially designated property for industrial uses established by conditional use permits, otherwise no specific interior setback requirement.
(6) Height limits may be increased when portions of the structure or building which exceed the base height limit provide one additional foot of street and interior setback beyond the required setback for each foot above the base height limit.
(7) Subject to sight distance review at driveways and street intersections.
(8) A 20-foot setback is required for multiple-family structures.
(9) A 15-foot setback is required for (a) commercial or multiple-family structures on property lines adjoining single-family residentially designated property, and (b) a rear yard of a multistory residential structure, otherwise no specific interior setback requirement. Interior setbacks may be reduced where features such as critical area(s) and buffer(s), public/private right-of-way or access easements, or other conditions provide a comparable setback or separation from adjoining uses.
(10) Reserved.
(11) The 85 percent impervious surface percentage applies to commercial developments, and the 75 percent rate applies to multiple-family developments.
(12) Reduced building setbacks and height requirements may be approved on a case-by-case basis to provide flexibility for innovative development plans; provided, that variance requests which are greater than 10 percent of the required setback shall be considered by the hearing examiner.
(13) Subject to the application of the residential density incentive requirements of Chapter 22C.090 MMC.
(14) Required landscaping setbacks for developments on the north side of Soper Hill Road are 25 feet from the edge of sidewalk.
(15) Projects with split zoning (two or more distinct land use zones) may propose a site plan to density average or adjust the zone boundaries using topography, access, critical areas, or other site characteristics in order to provide a more effective transition.
(16) Townhome setbacks are reduced to zero on an interior side yard setback where the units have a common wall for zero lot line developments.
(17) Townhome setbacks are reduced to five feet on side yard setbacks, provided the buildings meet a 10-foot separation between structures.
(18) There is no minimum or maximum density for this zone. Residential units are permitted if located above a ground-level commercial use.
(19) The light industrial with general commercial overlay zone uses the light industrial density and dimensional standards. (Ord. 3331 § 8 (Exh. H), 2024; Ord. 3193 § 17, 2021; Ord. 3159 § 6, 2020; Ord. 3107 § 4, 2018; Ord. 2852 § 10 (Exh. A), 2011).
The following provisions shall be used to determine compliance with this title:
(1) Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround or, in the case of a substandard street, the setbacks shall be measured from the edge of the ultimate right-of-way section planned for the street, except as provided by MMC 22C.020.180;
(2) Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation, five-foot (or less) wide pedestrian walkways or surface water retention/detention facilities. (Ord. 2852 § 10 (Exh. A), 2011).
Permitted number of dwelling units shall be determined as follows:
(1) The maximum allowed number of dwelling units shall be computed by multiplying the gross project area (in acres) by the applicable density.
(2) When calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows:
(a) Fractions of 0.50 or above shall be rounded up, provided this will not exceed the base density by more than 10 percent; and
(b) Fractions below 0.50 shall be rounded down. (Ord. 2852 § 10 (Exh. A), 2011).
All areas of a commercial site may be used in the calculation of allowed residential density. (Ord. 2852 § 10 (Exh. A), 2011).
Any portion of a lot that was required to calculate and ensure compliance with the standards and regulations of this title shall not be subsequently subdivided or segregated from such lot. (Ord. 2852 § 10 (Exh. A), 2011).
When a building or use is required to maintain a specific setback from a property line or other building, such setback shall apply only to the specified building or use. (Ord. 2852 § 10 (Exh. A), 2011).
The following setback modifications are permitted:
(1) When the common property line of two lots is covered by a building(s), the setbacks required by this chapter shall not apply along the common property line.
(2) When a lot is located between lots having nonconforming street setbacks, the required street setback for such lot may be the average of the two nonconforming setbacks or 60 percent of the required street setback, whichever results in the greater street setback.
(3) When a base station or WCF equipment is proposed for placement on private property abutting ROW, the setback may be administratively reduced, provided the application demonstrates good cause for such reduction and adequate area for screening and landscaping is provided. (Ord. 2852 § 10 (Exh. A), 2011).
(1) In commercial and industrial development, easements shall be used to delineate regional utility corridors.
(2) All buildings and structures shall maintain a minimum distance of five feet from property or easement lines delineating the boundary of regional utility corridors, except for utility structures necessary to the operation of the utility corridor. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Structures may be built to five feet of the property line abutting an alley, except as provided in subsection (2) of this section.
(2) Vehicle access points from garages, carports or fenced parking areas shall be set back a minimum of 10 feet from the lot line abutting an alley, except where the access point faces an alley with a right-of-way width of 10 feet, in which case the garage, carport, or fenced parking area shall not be located within 20 feet from the rear lot line. No portion of the garage or the door in motion may cross the property line. (Ord. 2852 § 10 (Exh. A), 2011).
In addition to providing the standard street setback, a lot adjoining a half-street or designated arterial shall provide an additional width of street setback sufficient to accommodate construction of the planned half-street or arterial. (Ord. 2852 § 10 (Exh. A), 2011).
The following structures may be erected above the height limits of MMC 22C.020.080(2):
(1) Roof structures housing or screening elevators, stairways, tanks, ventilating fans or similar equipment required for building operation and maintenance; and
(2) Fire or parapet walls, skylights, chimneys, smokestacks, church steeples, flagpoles, and utility line towers and poles. (Ord. 3054 § 14, 2017; Ord. 2852 § 10 (Exh. A), 2011).
When a lot is divided by a zone boundary, the following rules shall apply:
(1) When a lot contains both residential and nonresidential zoning, the zone boundary between the zones shall be considered a lot line for determining permitted building height and required setbacks on the site;
(2) Uses on each portion of the lot shall only be those permitted in each zone pursuant to Chapter 22C.010 MMC and this chapter. (Ord. 2852 § 10 (Exh. A), 2011).
Except for traffic control signs, the following sight distance provisions shall apply to all intersections and site access points:
(1) A sight distance triangle area per city standards shall contain no fence, berm, vegetation, on-site vehicle parking area, signs or other physical obstruction between 30 inches and eight feet above the existing street grade.
Note: The area of a sight distance triangle between 30 inches and eight feet above the existing street grade shall remain open.
(2) The community development director or city engineer may require modification or removal of structures or landscaping located in required street setbacks, if:
(a) Such improvements prevent adequate sight distance to drivers entering or leaving a driveway; and
(b) No reasonable driveway relocation alternative for an adjoining lot is feasible. (Ord. 2852 § 10 (Exh. A), 2011).
Dwelling units constructed above ground floor commercial uses shall not be required to comply with residential setback requirements; provided, that such dwelling units shall be constructed in compliance with commercial and residential standards of the fire code and the building code. (Ord. 2852 § 10 (Exh. A), 2011).
This section through MMC 22C.020.390 apply to new commercial, industrial, and mixed use development as noted herein. The purpose of this section is to:
(1) Encourage the realization and creation of a desirable and aesthetic environment in the city of Marysville;
(2) Encourage and promote development which features amenities and excellence in site planning, streetscape, building design and contribution to community charm;
(3) Encourage creative approaches to the use of land and related physical developments;
(4) Minimize incompatible and unsightly surroundings and visual blight which prevent orderly community development;
(5) Allow a mixture of complementary land uses that may include housing, retail, offices, and commercial services, to create economic and social vitality and to encourage the linking of vehicle trips;
(6) Develop commercial and mixed use areas that are safe, comfortable and attractive to pedestrians;
(7) Reinforce streets as public places that encourage pedestrian and bicycle travel;
(8) Reduce opportunities for crimes against persons and property;
(9) Minimize land use conflicts and adverse impacts;
(10) Provide roadway and pedestrian connections between residential and commercial areas;
(11) Provide public places and open space networks to create gateways, gathering places, and recreational opportunities that enhance the natural and built environment;
(12) Minimize the rate of crime associated with persons and property and provide for the highest standards of public safety through the implementation of crime prevention through environmental design (CPTED) principles in design review. (Ord. 3244 § 1 (Exh. A), 2022; Ord. 2852 § 10 (Exh. A), 2011).
(1) The intent of these design standards is to:
(a) Provide building design that has a high level of design quality and creates comfortable human environments;
(b) Incorporate design treatments that add interest and reduce the scale of buildings;
(c) Encourage building design that is authentic and responsive to site conditions; and
(d) Encourage functional, durable, and environmentally responsible buildings.
(2) Applicability.
(a) The design standards in MMC 22C.020.245 apply to light industrial (LI) zoned properties as generally described below, and as depicted in Maps 1 and 2:
(i) Within the Smokey Point master plan area;
(ii) With a general commercial (GC) overlay;
(iii) Located southwest of the intersection of 88th Street NE and State Avenue; and
(iv) Abutting State Avenue/Smokey Point Boulevard, 128th Street NE, 136th Street NE, and 152nd Street NE; provided, that design standards shall only apply to buildings located within 150 feet of these public streets for properties not subject to subsections (2)(a)(i) through (2)(a)(iii) of this section.
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Map 1
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Map 2
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(b) The design standards in MMC 22C.020.250 apply to all new development within the following zones: general commercial (GC), community business (CB), downtown commercial (DTC), neighborhood business (NB), and mixed use (MU); provided, that development that is exclusively multi-family shall be subject to the design standards set forth in MMC 22C.010.290.
(c) The following activities shall be exempt from the design standards set forth in MMC 22C.020.245 and 22C.020.250:
(i) Construction activities which do not require a building permit;
(ii) Interior remodels of existing structures;
(iii) Modifications or additions to existing commercial, industrial, office and public properties when the modification or addition:
(A) Constitutes less than 10 percent of the existing horizontal square footage of the use or structure; and
(B) Constitutes less than 10 percent of the existing building’s exterior facade.
(3) Interpreting and Applying the Design Standards.
(a) These standards capture the community visions and values as reflected in the comprehensive plan’s neighborhood planning areas. The city’s community development director (hereinafter referred to as “director”) retains full authority to determine whether a proposal meets these standards. The director is authorized to promulgate guidelines, graphic representations, and examples of designs and methods of construction that do or do not satisfy the intent of these standards.
(b) Many of these site and building design standards call for a building or site to feature one or more elements from a menu of items. In these cases, a single element, feature, or detail may satisfy multiple objectives. For example, a specially designed or fabricated covered entry with attractive detailing might be counted toward requirements for human scale, building corners, and building details.
(c) Within these standards, certain words are used to indicate the relative importance and priority the city places upon a particular standard.
(i) The words “shall,” “must,” and “is/are required” mean that the development proposal must comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance; or
(B) The development proposal meets the intent of the standards in some other manner.
(ii) The word “should” means that the development proposal will comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance;
(B) The development proposal meets the intent of the standards in some other manner; or
(C) There is convincing evidence that applying the standard would not be in the public interest.
(iii) The words “is/are encouraged,” “can,” “consider,” “help,” and “allow” mean that the action or characteristic is allowed and will usually be viewed as a positive element in the city’s review.
(d) The project proponent may submit proposals that he/she feels meet the intent of the standards but not necessarily the specifics of one or more standards. In this case, the director will determine if the intent of the standard has been met. (Ord. 3331 § 9 (Exh. I), 2024; Ord. 3293 § 1 (Exh. A), 2023; Ord. 3260 § 11 (Exh. K), 2023; Ord. 3244 § 2 (Exh. B), 2022; Ord. 3193 § 18, 2021; Ord. 2927 § 9, 2013; Ord. 2852 § 10 (Exh. A), 2011).
(1) Applicability.
(a) 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.
(b) The site and building design standards of this section apply to development of the light industrial (LI) and light industrial with general commercial overlay (LI-GC) zoned properties as generally described and depicted in MMC 22C.020.240(2).
(c) The crime prevention through environmental design (CPTED) provisions of this section apply to all new commercial developments of over 12,000 square feet in building area.
(2) Site Layout and Building Orientation.
(a) The site shall be planned to create an attractive and functional street edge that accommodates pedestrian access. Examples of ways that a development meets the requirements of this provision are to:
(i) Define the street edge with buildings, landscaping or other features.
(ii) Provide for building entrances that are visible from the street and primary parking area.
(iii) Provide for a sidewalk at least five feet wide if there is not space in the public right-of-way.
(iv) Provide building entries that are accessed from the sidewalk; preferably these access ways should be separated from the parking and drive aisles. If access traverses the parking lot, then it should be raised and clearly marked.
(b) The front building facade shall be oriented towards at least one street. For sites that front multiple streets, buildings are encouraged to orient towards both streets; provided, that priority shall be given to streets that are more visible and/or provide a better opportunity for increased pedestrian activity as determined by the director.
(c) Passenger vehicle parking should be located in front of the building near the entrance. Commercial vehicle parking should be located behind or to the side of buildings. Passenger and commercial vehicle accesses should be separated where allowed by the city’s engineering design and development standards.
(d) Service areas shall be located behind buildings, and screened in accordance with MMC 22C.120.160, Screening and impact abatement. Service courts are encouraged when the development includes multiple buildings, or as common facilities between sites when access is shared.
(e) Large sites (over two acres) shall provide amenities for employees and visitors such as benches, weather protected seating areas, covered walkways, or other features that are integrated into the site design. On-site open space is encouraged to be provided. The number and type of amenities shall be approved by the director based on site acreage, layout, and end users.
(3) Relationship of Buildings and Site to Adjoining Area.
(a) 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.
(b) Harmony in texture, lines and masses is encouraged.
(c) Attractive landscape transition to adjoining properties shall be provided.
(d) Public and quasi-public buildings and structures shall be consistent with the established neighborhood character.
(4) Landscape and Site Treatment.
(a) 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:
(i) The landscape plan shall demonstrate visual relief from large expanses of parking areas.
(ii) The landscape plan shall provide some physical separation between vehicular and pedestrian traffic.
(iii) The landscape plan shall provide decorative landscaping as a focal setting for signs, special site elements, and/or pedestrian areas.
(iv) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.
(v) Where building sites limit planting, the placement of trees or shrubs in parkways or paved areas is encouraged.
(vi) Screening of outdoor service yards and other places which tend to be unsightly shall be accomplished by use of walls, fencing, planting, berms or combinations of these.
(vii) Landscaping should be designed to create definition between public and private spaces.
(viii) Where feasible, the landscape plan shall coordinate the selection of plant material to provide a succession of blooms, seasonal color, and a variety of textures.
(ix) The landscape plan shall provide a transition in landscaping design between adjacent sites, within a site, and from native vegetation areas in order to achieve greater continuity.
(x) The landscape plan shall use plantings to highlight significant site features and to define the function of the site, including parking, circulation, entries, and open spaces.
(xi) Where feasible, the landscape plan shall integrate natural approaches to storm water management, including featured low impact development techniques.
(b) Street Landscaping. Where the site plan includes streetscape plantings, the following guidelines apply:
(i) Sidewalks and pathways should be separated from the roadway by planting strips with street trees wherever possible.
(ii) Planting strips should generally be at least five feet in width. They should include evergreen shrubs no more than four feet in height and/or ground cover in accordance with the city of Marysville landscape standards (Chapter 22C.120 MMC) and Marysville administrative landscaping guidelines.
(iii) Street trees placed in tree grates may be more desirable than planting strips in key pedestrian areas.
(iv) Use of trees and other plantings with special qualities (e.g., spring flowers and/or good fall color) are strongly encouraged to unify development.
(c) 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, 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:
(i) All public areas shall be lighted with average minimum and maximum levels as follows:
(A) Minimum (for low or nonpedestrian and vehicular traffic areas) of one-half foot candle;
(B) Moderate (for moderate or high volume pedestrian areas) of one to two foot candles; and
(C) Maximum (for high volume pedestrian areas and building entries) of four foot candles.
(ii) Lighting shall be provided at consistent levels, with gradual transitions between maximum and minimum levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and dark areas shall be avoided.
(iii) Parking lot lighting shall be subject to the provisions set forth in MMC 22C.130.050(3)(d).
(iv) Pedestrian-scale lighting (light fixtures no taller than 15 feet) is encouraged in areas with high anticipated pedestrian activity. All fixtures over 15 feet in height shall be fitted with a full cut-off shield, be dark sky rated, and mounted no more than 25 feet above the ground with lower fixtures preferable so as to maintain a human scale. Lighting shall enable pedestrians to identify a face 45 feet away in order to promote safety.
(v) Light levels at the property line should not exceed 0.1 foot candle (fc) adjacent to business properties, and 0.05 foot candle adjacent to residential properties.
All building lights shall be directed onto the building itself and/or the ground immediately adjacent to it. The light emissions should not be visible above the roofline of the building. Light fixtures other than traditional cobra heads are encouraged.
(vi) Uplighting on trees and provisions for seasonal lighting are encouraged.
(vii) Accent lighting on architectural and landscape features is encouraged to add interest and focal points.
(5) Site Design Utilizing Crime Prevention Through Environmental Design (CPTED) Principles. Development that is subject to this section shall incorporate the following CPTED strategies into building design and site layout:
(a) 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.
(b) 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.
(c) 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. Examples of ways in which a proposal can comply with CPTED principles are outlined in the CPTED Guidelines for Project Design and Review, prepared by the city.
(6) Building Design – Architectural Scale. The architectural scale standards are intended to encourage compatibility of structures with adjacent properties, to help the building fit in with its context, and to add visual interest to buildings.
(a) Facade Modulation. All new buildings shall provide modulation (measured and proportioned inflexion or setback in a building’s facade) on facades facing a public street, trail, parking lot, park, or within 100 feet of and visible from a residential use in a residential zone as follows:
(i) Walls over 150 feet long must break up the length of the facade by providing vertical modulation at least eight feet deep and 20 feet long at appropriate intervals (on multistory buildings, the modulation must extend through at least half of the building floors).
(ii) The minimum modulation depth detailed in subsection (6)(a)(i) of this section may be reduced to two feet if tied to a change in color or building materials, and/or roofline modulation.
(iii) The director may consider departures from these standards, provided the proposed treatment meets or exceeds the intent of these standards.
(b) Facade Articulation. All new buildings shall provide facade articulation on facades facing a public street, trail, parking lot, park, or within 100 feet of and visible from a residential use in a residential zone as follows:
(i) Articulation of the building’s base, middle, and top.
(A) The “base” shall be distinct at ground level through the use of articulation, or building materials that suggest stability and strength, such as stone, masonry, or concrete.
(B) The “middle” of the building shall be distinguished through a change in material or color, windows, or other architectural features.
(C) The “top” of the building shall emphasize a distinct profile or outline with elements such as a project parapet, cornice, variation in roofline, or other technique.
(ii) At least two of the following articulation features must be provided for every 60 feet of facade:
(A) Window fenestration.
(B) Weather protection.
(C) Change in roofline.
(D) Change in building material or siding.
(E) Vertical piers/columns.
(F) Trellises/art/living wall.
(G) Strong vertical and horizontal reveals, off-sets, or other three dimensional details; or
(H) Other methods that meet the intent of these standards.
Exception: Alternative articulation methods will be considered by the director provided such treatment meets or exceeds the intent of the standards and guidelines. For example, use of high-quality building materials (such as brick or stone) with attractive detailing may allow a building to meet the intent of the standards using greater articulation intervals. Also, where the articulated features are more effective in breaking up the facade into smaller components, then a greater distance between articulation intervals may be acceptable.
(c) Where the view of buildings from trails, parks, or residential zones is obscured due to the provision of high quality landscape screening and fencing, or existing vegetation or structures, the director may waive compliance with this section for the impacted facades.
(7) Building Materials. The building materials standards are intended to encourage the use of a variety of high-quality, durable materials that will enhance the visual image of the city; provide visual interest and distinct design qualities; and promote compatibility and improvement within surrounding neighborhoods through effective architectural detailing and the use of traditional building techniques and materials. The following standards apply:
(a) Building exteriors shall be constructed from high-quality, durable materials. Exterior building materials shall not project or reflect natural or artificial lighting or glare into residential areas. Exterior building materials shall be factory finished, stained, integrally colored, or otherwise suitably treated. Materials may include:
(i) Split face or fluted concrete masonry units (CMU).
(ii) Factory glazed concrete masonry units (CMU).
(iii) Face brick.
(iv) Stone veneer.
(v) Insulated glazing and framing systems.
(vi) Architectural pre-cast concrete.
(vii) Painted or stained site-cast concrete.
(viii) Architectural concrete.
(ix) Factory finished, standing seam metal roofing (for pitched roofs only).
(x) Architectural metal. Metal siding must have visible corner molding and trim, and must be factory finished with a matte, nonreflective surface.
(xi) Alternative materials may be approved by the director; provided, that the design quality and permanence meet the intent of this section.
(b) Prohibited materials 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:
(i) Highly tinted or mirrored glass (except stained glass) covering more than 10 percent of the exterior of any building, or located at the ground level along the street.
(ii) Corrugated fiberglass.
(iii) Prefabricated metal buildings with corrugated metal siding.
(iv) Plywood siding, including T-111 and similar siding. Board and batten is an exception.
(v) Materials which project or reflect natural or artificial glare onto public streets (e.g., highly reflective sheet metal, etc.).
(vi) Vinyl siding on the ground floor.
(vii) Any sheet materials, such as wood or metal siding, with exposed edges or unfinished edges, or made of nondurable materials as determined by the director.
(8) Blank Walls.
(a) The blank wall standards are intended to: reduce the visual impact of large, undifferentiated walls; reduce the apparent size of large walls through the use of various architectural and landscaping treatments; enhance the character and identity of the city; and ensure that visible sides of buildings provide visual interest. A wall (including building facades and other exterior building walls) is defined as a blank wall if a ground floor wall or portion of a ground floor wall over six feet in height has a horizontal length greater than 50 feet that does not have a significant building feature, such as a window, door, modulation, articulation, or other special wall treatment within that 50-foot section.
(b) All blank walls within 150 feet of and visible from a parking lot or drive aisle (excluding service area parking), public street, trail, park, or residential use in a residential zone shall be treated in one or more of the following measures:
(i) Incorporate windows or doors;
(ii) Install a vertical trellis in front of the wall with climbing vines or plant materials sufficient to obscure or screen at least 50 percent of the wall’s surface within three years; said landscaping shall be subject to a landscape maintenance security held for three years to ensure that the vines or plant materials successfully establish. For large blank wall areas, the trellis must be used in conjunction with other treatments described below;
(iii) Provide a landscaped planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the wall. Plant materials must be able to obscure or screen at least 50 percent of the wall’s surface within three years; said landscaping shall be subject to a landscape maintenance security held for three years to ensure that the landscape materials successfully establish;
(iv) Provide artwork (mosaic, mural, decorative masonry, metal patterns or grillwork, sculpture, relief or other art, etc.) over at least 50 percent of the blank wall surface. Artwork should be located in areas that have good visibility to the public, and artwork, particularly murals, are strongly encouraged to reflect the history and heritage of the city and state;
(v) Provide architectural features such as setbacks, indentations, overhangs, projections, articulated cornices, bays, reveals, canopies, or awnings;
(vi) Provide material variation, textural changes, brick or metal banding, or color changes;
(vii) Other method as approved by the director. For example, landscaping or other treatments may not be necessary on a wall that employs high-quality building materials (such as brick) and provides desirable visual interest.
(9) Building Entrances. The intent of the building entrances standards is to ensure that buildings are inviting and accessible, that entrances are easy to locate, and that pedestrian activity is encouraged.
(a) Distinctive Entrance Treatment. An architectural treatment that is distinctive and proportional to the facade must be provided by the primary building entrance. Distinctive entrance treatments may include, but are not limited to, a more prominent or higher roofline or parapet above the entrance, decorative columns or posts, or equivalent treatment as determined by the director.
(b) Weather Protection. Weather protection at least five feet deep and at least eight feet above ground level is required over the primary building entrances. Weather protection at least three feet deep and at least eight feet above ground level is required over the secondary entrances (applies only to entrances used by the public). Entrances may satisfy the weather protection requirements by being set back into the building facade.
(c) Lighting. Pedestrian entrances must be lit to at least four foot candles as measured on the ground plane.
(d) Visibility and Accessibility. Building entrances must be prominent and visible from the surrounding streets and must be connected by a walkway to the public sidewalk. Pedestrian pathways from public sidewalks to primary entrances or from parking lots to primary entrances shall be accessible, conforming to federal and state Americans with Disabilities Act requirements, and shall be clearly delineated.
(e) Transparency. Entries must feature glass doors, windows, or glazing (window area) in or near the door so that the visitor and occupant can view people opening the door from the other side. (Ord. 3331 § 10 (Exh. J), 2024; Ord. 3293 § 2 (Exh. B), 2023; Ord. 3244 § 3 (Exh. C), 2022).
(1) Applicability.
(a) 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.
(b) The site and building design standards of this section apply to institutional and commercial development.
(c) The crime prevention through environmental design (CPTED) provisions of this section apply to all new commercial developments of over 12,000 square feet in building area.
(2) Relationship and Orientation of Buildings to Site and Street Front.
(a) The site shall be planned to create an attractive street edge and accommodate pedestrian access. Examples of ways that a development meets the requirements of this provision are to:
(i) Define the street edge with buildings, landscaping or other features (see Figure 1).
(ii) Provide for building entrances that are visible from the street.
(iii) Provide for a sidewalk at least five feet wide if there is not space in the public right-of-way.
(iv) Provide building entries that are accessed from the sidewalk; preferably these access ways should be separated from the parking and drive aisles. If access traverses the parking lot, then it should be raised and clearly marked.
(b) The development shall provide site development features that are visible and pedestrian-accessible from the street. These features could include plazas, open space areas, employee lunch and recreational areas, architectural focal points, and access lighting.
(c) The development shall create a well-defined streetscape to allow for the safe movement of pedestrians.
(d) Commercial and mixed use buildings must be oriented towards at least one street. For sites that front multiple streets, commercial and mixed use buildings are encouraged to orient towards both streets; provided, that priority shall be given to streets that are more visible and/or provide a better opportunity for increased pedestrian activity.
(e) Commercial and mixed use building facades facing the street must have transparent windows or door covering at least 25 percent of the ground floor facade between four to eight feet above the level of the sidewalk. Departures will be considered by the director; provided, that the proposed building configuration and design enhances the pedestrian environment.
(f) No more than 50 percent of total project parking spaces may be located between the building’s facade 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 factors as determined by the director. Where the property fronts on more than one public street, this provision applies to only one street frontage.
(g) Parking lots may not be located on corner locations adjacent to public streets unless no feasible on-site alternative exists.
(h) For large commercial and mixed use sites (over two acres) that feature multiple buildings, developments shall configure buildings to create focal points for pedestrian activity on the site. However, no more than 50 percent of the street frontage may be occupied by vehicular access or parking. Exceptions: An increased percentage of parking or vehicular access along the street front may be allowed where the configuration allows the development to better meet the intent of these standards. For example, if the configuration allows for a centralized plaza surrounded by a concentration of retail uses, an increase in the percentage of parking along the street front would be allowed.

Figure 1 – Examples of buildings that provide a well-defined streetscape.
(3) Relationship of Buildings and Site to Adjoining Area.
(a) 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.
(b) Harmony in texture, lines and masses is encouraged.
(c) Attractive landscape transition to adjoining properties shall be provided.
(d) Public and quasi-public buildings and structures shall be consistent with the established neighborhood character.
(4) Landscape and Site Treatment.
(a) 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:
(i) The landscape plan shall demonstrate visual relief from large expanses of parking areas.
(ii) The landscape plan shall provide some physical separation between vehicular and pedestrian traffic.
(iii) The landscape plan shall provide decorative landscaping as a focal setting for signs, special site elements, and/or pedestrian areas.
(iv) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.
(v) Where building sites limit planting, the placement of trees or shrubs in parkways or paved areas is encouraged.
(vi) Screening of outdoor service yards and other places which tend to be unsightly shall be accomplished by use of walls, fencing, planting, berms or combinations of these.
(vii) Landscaping should be designed to create definition between public and private spaces.
(viii) Where feasible, the landscape plan shall coordinate the selection of plant material to provide a succession of blooms, seasonal color, and a variety of textures.
(ix) The landscape plan shall provide a transition in landscaping design between adjacent sites, within a site, and from native vegetation areas in order to achieve greater continuity.
(x) The landscape plan shall use plantings to highlight significant site features and to define the function of the site, including parking, circulation, entries, and open spaces.
(xi) Where feasible, the landscape plan shall integrate natural approaches to storm water management, including featured low impact development techniques.
(b) Street Landscaping. Where the site plan includes streetscape plantings, the following guidelines apply:
(i) Sidewalks and pathways should be separated from the roadway by planting strips with street trees wherever possible.
(ii) Planting strips should generally be at least five feet in width. They should include evergreen shrubs no more than four feet in height and/or ground cover in accordance with the city of Marysville landscape standards (Chapter 22C.120 MMC) and Marysville administrative landscaping guidelines.
(iii) Street trees placed in tree grates may be more desirable than planting strips in key pedestrian areas.
(iv) Use of trees and other plantings with special qualities (e.g., spring flowers and/or good fall color) are strongly encouraged to unify development.
(c) Plaza/Pedestrian Area Landscaping Within Shopping Centers and Mixed Use Site Plans.
(i) A range of landscape materials – trees, evergreen shrubs, ground covers, and seasonal flowers – shall be provided for color and visual interest.
(ii) Planters or large pots with small shrubs and seasonal flowers may be used to create protected areas within the plaza for sitting and people watching.
(iii) Creative use of plant materials, such as climbing vines or trellises, and use of sculpture groupings or similar treatments are encouraged.
(iv) All landscaping plans shall be submitted during site plan review for approval.
(d) 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:
(i) All public areas shall be lighted with average minimum and maximum levels as follows:
(A) Minimum (for low or nonpedestrian and vehicular traffic areas) of one-half foot candle;
(B) Moderate (for moderate or high volume pedestrian areas) of one to two foot candles; and
(C) Maximum (for high volume pedestrian areas and building entries) of four foot candles.
(ii) Lighting shall be provided at consistent levels, with gradual transitions between maximum and minimum levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and dark areas shall be avoided.
(iii) Parking lot lighting shall be subject to the provisions set forth in MMC 22C.130.050(3)(d).
(iv) Pedestrian-scale lighting (light fixtures no taller than 15 feet) is encouraged in areas with high anticipated pedestrian activity. All fixtures over 15 feet in height shall be fitted with a full cut-off shield, be dark sky rated, and mounted no more than 25 feet above the ground with lower fixtures preferable so as to maintain a human scale. Lighting shall enable pedestrians to identify a face 45 feet away in order to promote safety.
(v) Light levels at the property line should not exceed 0.1 foot candles (fc) adjacent to business properties, and 0.05 foot candles adjacent to residential properties.
All building lights shall be directed onto the building itself and/or the ground immediately adjacent to it. The light emissions should not be visible above the roofline of the building. Light fixtures other than traditional cobra heads are encouraged.
(vi) Uplighting on trees and provisions for seasonal lighting are encouraged.
(vii) Accent lighting on architectural and landscape features is encouraged to add interest and focal points.
(5) Site Design Utilizing Crime Prevention Through Environmental Design (CPTED) Principles. Development that is subject to this section shall incorporate the following CPTED strategies into building design and site layout:
(a) 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.
(b) 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.
(c) 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.
Examples of ways in which a proposal can comply with CPTED principles are outlined in the CPTED Guidelines for Project Design and Review, prepared by the city.
(6) Building Design – Human-Scale Standards. The human-scale standards are intended to encourage the use of building components that relate to the size of the human body and to add visual interest to buildings. “Human scale” addresses the relationship between a building and the human body. Generally, buildings attain a good human scale when they feature elements or characteristics that are sized to fit human activities, such as doors, porches, and balconies. A minimum of three of the following human-scale building elements shall be incorporated into the new development:
(a) Balconies in upper stories, at least one balcony per upper floor on the facades facing streets, provided they are integrated into the architecture of the building;
(b) Bay windows or other window treatments that extend out from the building face;
(c) At least 150 square feet of pedestrian-oriented space for each 100 lineal feet of building facade;
(d) First floor individual windows, generally less than 32 square feet per pane and separated from the windows by at least a six-inch molding;
(e) Spatially defining building elements, such as a trellis, overhang, canopy, or other element, that defines space that can be occupied by people;
(f) Upper story setbacks, provided one or more of the upper stories are set back from the face of the building at least six feet;
(g) Composing smaller building elements near the entry of pedestrian-oriented street fronts of large buildings (see Figure 4);
(h) 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.
Figure 2 – Illustrating a variety of human-scale components on a building.

Figure 3 – This mixed use building incorporates decks, upper level setbacks, trellises, and landscaping to meet human-scale guidelines.

Figure 4 – Example of composing smaller building elements near the entry of large buildings.
(7) Building Design – Architectural Scale. The architectural scale standards are intended to encourage compatibility of structures with nearby commercial areas, to help the building fit in with its context, and to add visual interest to buildings. All facades shall be given equal design consideration. Some flexibility may be given by the director for alley or other facades that are not visible from streets, parks, parking lots, or other uses.
(a) Facade Modulation. All new 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:
(i) Buildings with facades that are 30 feet or longer shall provide modulation of the exterior wall that extends through all floors.
(ii) The minimum modulation depth shall be five feet and the minimum modulation width for each modulation shall be 10 feet. On facades that are 100 feet or longer, the minimum depth of modulation shall be 10 feet and the minimum width for each modulation shall be 20 feet.
(iii) The minimum modulation depth detailed in subsection (7)(a)(ii) of this section may be reduced to two feet if tied to a change in color or building materials, and/or roofline modulation as defined in subsection (7)(d) of this section.
(iv) The director may consider departures from these standards, provided the proposed treatment meets or exceeds the intent of these standards.
(b) Street Front Articulation. All building facades fronting directly on a street must include at least two of the following articulation features at intervals no greater than 30 feet (see Figure 5):
(i) Use of window and/or entries that reinforce the pattern of small storefront spaces.
(ii) Use of weather protection features that reinforce the pattern of small storefronts. For example, for a business that occupies three lots, use three separate awnings to break down the scale of the storefronts. Alternating colors of the awnings may be useful as well.
(iii) Change of roofline.
(iv) Articulation of the building’s top, middle, and bottom for multistory buildings. This typically includes a distinctive ground floor or lower floor design, consistent articulation of middle floors, and a distinctive roofline.
(v) Change in building material or siding style.
(vi) Other methods that meet the intent of these standards.
(c) Articulation for Facades Not Fronting Directly on a Street. All facades not fronting directly on a street, or containing a pedestrian entrance, that are not subject to subsection (7)(b) of this section must include at least three of the following articulation features at intervals no greater than 70 feet:
(i) Use of window and/or entries that reinforce the pattern of small storefront spaces.
(ii) Vertical building modulation. The minimum depth and width of modulation shall be two and four feet, respectively (preferably tied to a change in roofline, building material or siding style).
(iii) Use of weather protection features that reinforce the pattern of small storefronts.
(iv) Change of roofline.
(v) Change in building material or siding style.
(vi) Providing lighting fixtures, trellis, tree, or other landscape feature within each interval.
(vii) Articulation of the building’s top, middle, and bottom for multistory buildings. This typically includes a distinctive ground floor or lower floor design, consistent articulation of middle floors, and a distinctive roofline.
(viii) Other methods that meet the intent of these standards.
Exception: Alternative articulation methods will be considered by the director provided such treatment meets the intent of the standards and guidelines. For example, use of high-quality building materials (such as brick or stone) with attractive detailing may allow a building to meet the intent of the standards using greater articulation intervals. Also, where the articulated features are more substantial in terms of effectively breaking up the facade into smaller components, then a greater distance between architectural intervals may be acceptable.
(d) Roofline Modulation.
(i) In order to qualify as an articulation element in subsections (7)(a) and (b) of this section or in this subsection, the roofline shall meet the following modulation requirement (see Figure 8):
(A) For flat roofs or facades with horizontal eave, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of the wall) when combined with vertical building modulation techniques described in subsection (7)(b) of this section. Otherwise, the minimum vertical dimension of roofline modulation is the greater of four feet or 0.2 multiplied by the wall height.
(B) Buildings with pitched roofs must include a minimum slope of 5:12 and feature modulated roofline components at the interval required per the applicable standard above.
(ii) For large-scale retail uses (with at least 50,000 square feet of floor area and facades greater than 150 feet in width), the storefront shall integrate a prominent entry feature combining substantial roofline modulation with vertical building modulation and a distinctive change in materials and/or colors (see Figure 10). The minimum vertical dimension of roofline modulation is the greater of six feet or 0.3 multiplied by the wall height (finished grade to top of the wall). The director will consider alternative treatments provided they meet the intent of these standards.


Figure 5 – For commercial buildings built up to the sidewalk, provide facade articulation features at no more than 30-foot intervals.

Figure 6 – Building articulation.

Figure 7 – These buildings illustrate a combination of horizontal building modulation, roofline modulation, and building articulation to reduce the architectural scale and provide visual interest.

Figure 8 – Roofline modulation standards.

Figure 9 – This development uses a variety of roof forms and heights, different weather protection features, changing building materials and colors, and a modest amount of horizontal building modulation to reduce the overall architectural scale into smaller “storefront” components.

Figure 10 – Good examples of prominent pedestrian entries for large-scale retail uses. Note height change, vertical modulation, use of building materials, colors, and detailing to add interest and emphasis.
(8) Building Corners. The building corners standards are intended to architecturally accentuate building corners at street intersections, to create visual interest, and to increase activity, where appropriate. All new buildings located within 15 feet of a property line at the intersection of streets are required to employ one or more of the following design elements or treatments to the building corner facing the intersection:
(a) Provide at least 100 square feet of pedestrian-oriented space between the street corner and the building(s). To qualify for this option, the building(s) must have direct access to the space;
(b) Provide a corner entrance to courtyard, building lobby, atrium, or pedestrian pathway;
(c) Include a corner architectural element such as:
(i) Bay window or turret.
(ii) Roof deck or balconies on upper stories.
(iii) Building core setback “notch” or curved facade surfaces.
(iv) Sculpture or artwork, either bas-relief, figurative, or distinctive use of materials.
(v) Change of materials.
(vi) Corner windows.
(vii) Special lighting;
(d) Special treatment of the pedestrian weather protection canopy at the corner of the building; and/or
(e) Other similar treatment or element approved by the director.

Figure 11 – Corner building treatment.

Figure 12 – Decorative use of windows, change of materials, and special lighting creates a statement at this corner location.
(9) Building Design Details. The building design details standards are intended to ensure that buildings have design interest at all observable distances; to enhance the character and identity of the city; and to encourage creative design. At closer distances, the most important aspects of a building are its design details, texture of materials, quality of its finishes, and small, decorative elements. All new commercial buildings and individual storefronts shall include at least one detail element from each of the three categories below. Other mixtures of detail elements will be considered provided they meet the intent of these standards. The applicant must demonstrate how the amount, type, and mix of details meet the intent of these standards. For example, a large building with multiple storefronts will likely need more than one decorative sign, transom window, and decorative kickplate to meet the intent of these standards.
(a) Window and/or Entry Treatment. Special treatment of windows and doors, other than standard metal molding/framing details, around all ground floor windows and doors, decorative glazing, or door designs.
(i) Display windows divided into a grid of multiple panes.
(ii) Transom windows.
(iii) Roll-up windows/doors.
(iv) Other distinctive window treatment that meets the intent of the standards and guidelines.
(v) Recessed entry.
(vi) Decorative door.
(vii) Arcade.
(viii) Landscaped trellises or other decorative element that incorporates landscaping near the building entry.
(ix) Other decorative entry treatment that meets the intent of these standards.
(b) Decorative facade attachments:
(i) Decorative weather protection element such as a steel canopy, decorative cloth awning, or retractable awning.
(ii) Decorative, custom hanging, sculptural, or hand-crafted sign(s).
(iii) Decorative building-mounted light fixtures with a diffuse visible light source or unusual fixture.
(iv) Decorative or special railings, grill work, or landscape guards.
(c) Building materials and other facade elements:
(i) Decorative building materials/use of building materials such as decorative masonry, shingle, tile, brick, or stone.
(ii) Individualized patterns or continuous wood details, such as fancy butt shingles (a shingle with the butt end machined in some pattern, typically to form geometric designs), decorative moldings, brackets, trim or lattice work, ceramic tile, stone, glass block, carrera glass, or similar materials. The applicant must submit architectural drawings and material samples for approval.
(iii) Distinctive rooflines, such as an ornamental molding, entablature, frieze, or other roofline device visible from the ground level. If the roofline decoration is in the form of a linear molding or board, then the molding or board must be at least eight inches wide.
(iv) Decorative artwork on the building such as a mosaic mural, bas-relief sculpture, light sculpture, water sculpture, or other similar artwork. Painted murals or graphics on signs or awnings do not qualify.
(v) Decorative kickplate, pier, belt course, or other similar facade element.
(vi) Special building elements, such as pilasters, entablatures, wainscots, canopies, or marquees, that exhibit nonstandard designs.
(vii) Other details that meet the intent of the standards and guidelines as determined by the director.
(viii) Decorative elements referenced above must be distinct “one-of-a-kind” elements or unusual designs that require a high level of craftsmanship as determined by the director.

Figure 13 – The building provides a number of details that enhance the pedestrian environment, including decorative lighting, planter boxes, decorative awnings, historical plaques, and decorative facade elements.
(10) Building Materials. The building materials standards are intended to encourage the use of a variety of high-quality, durable materials that will enhance the visual image of the city; provide visual interest and distinct design qualities; and promote compatibility and improvement within surrounding neighborhoods through effective architectural detailing and the use of traditional building techniques and materials. The following standards apply:
(a) Building exteriors shall be constructed from high-quality, durable materials. Building materials such as concrete, masonry, tile, stone and wood are encouraged.
(b) Metal siding, when used for walls that are visible from a public street, public park or open space, pathway, or pedestrian route must:
(i) Have visible corner moldings and trim and incorporate masonry, stone, or other durable permanent materials within two feet of the ground level;
(ii) Incorporate multiple colors or siding materials when the facade is wider than 40 feet;
(iii) Alternative standards may be approved by the director; provided, that the design quality and permanence meet the intent of this section.
(c) Concrete masonry units (CMU) or cinder block walls, when used for walls that are visible from a street, public park or open space, or pedestrian route, shall be architecturally treated in one or more of the following ways:
(i) Use in conjunction with other permitted exterior materials.
(ii) Use of a combination of textured surfaces such as split face or grooved to create distinct banding or other design.
(iii) Use of other masonry types, such as brick, glass block, or tile in conjunction with concrete blocks.
(iv) Use of decorative coursing to break up blank wall areas.
(v) Use of matching colored mortar where color is an element of architectural treatment for any of the options above.
(vi) Other treatment approved by the director.
(d) Exterior insulation and finish system (EIFS) and similar troweled finishes must:
(i) Be trimmed in wood or masonry, and should be sheltered from extreme weather by roof overhangs or other methods in order to avoid deterioration. Weather-exposed horizontal surfaces must be avoided.
(ii) Be limited to no more than 50 percent of the facade area.
(iii) Incorporate masonry, stone, or other durable material for the first two feet above ground level.
(e) Prohibited materials 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:
(i) Highly tinted or mirrored glass (except stained glass) covering more than 10 percent of the exterior of any building, or located at the ground level along the street.
(ii) Corrugated fiberglass.
(iii) Plywood siding, including T-111 and similar siding. Board and batten is an exception.
(iv) Noncorrugated and highly reflective sheet metal.
(v) Any sheet materials, such as wood or metal siding, with exposed edges or unfinished edges, or made of nondurable materials as determined by the director.
Figure 14 – The use of different building materials, window treatments, and roofline brackets add to the visual interest of this building.

Figure 15 – This storefront effectively combines EIFS and concrete block with wood trim and metal detailing.
(11) Blank Walls.
(a) The blank wall standards are intended to: reduce the visual impact of large, undifferentiated walls; reduce the apparent size of large walls through the use of various architectural and landscaping treatments; enhance the character and identity of the city; and ensure that all visible sides of buildings provide visual interest. Blank walls visible from a public street, sidewalk, trail, interior pathway, or parking lot are prohibited. A wall (including building facades and other exterior building walls, retaining walls, and fences) is defined as a blank wall if:
(i) A ground floor wall or portion of a ground floor wall over four feet in height has a horizontal length greater than 15 feet and does not include a transparent window or door; or
(ii) Any portion of a ground floor wall having a surface area of 400 square feet or greater does not include a transparent window or door.
(b) 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:
(i) Incorporate transparent windows or doors and/or display windows;
(ii) Install a vertical trellis in front of the wall with climbing vines or plant materials sufficient to obscure or screen at least 60 percent of the wall’s surface within three years. For large blank wall areas, the trellis must be used in conjunction with other treatments described below;
(iii) Provide a landscaped planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the wall. Plant materials must be able to obscure or screen at least 60 percent of the wall’s surface within three years;
(iv) Provide artwork (mosaic, mural, sculpture, relief, etc.) over at least 50 percent of the blank wall surface; and/or
(v) Other method as approved by the director. For example, landscaping or other treatments may not be necessary on a wall that employs high-quality building materials (such as brick) and provides desirable visual interest.
Figure 16 – Blank wall treatments.

Figure 17 – Terraced planting beds effectively screen a large blank wall.
(12) Building Entrances. The intent of the building entrances standards is to ensure that buildings are inviting and accessible, that entrances are easy to locate, and that pedestrian activity is encouraged.
(a) Primary Building Entrances. The principal building entrances of all buildings shall feature the following improvements, unless the director determines an alternate solution better addresses the guideline’s intent:
(i) Weather Protection. Weather protection at least five feet deep and at least eight feet above ground level is required over the primary entrance to all commercial buildings. Entries may satisfy this requirement by being set back into the building facade.
(ii) Lighting. Pedestrian entrances must be lit to at least four foot candles as measured on the ground plane for commercial buildings.
(iii) Visibility and Accessibility. Building entrances must be prominent and visible from the surrounding streets and must be connected by a walkway to the public sidewalk. Pedestrian pathways from public sidewalks to primary entrances or from parking lots to primary entrances shall be accessible, conforming to federal and state Americans with Disabilities Act requirements, and shall be clearly delineated.
(iv) Transparency. Entries must feature glass doors, windows, or glazing (window area) near the door so that the visitor and occupant can view people opening the door from the other side.

Figure 18 – A distinct, weather-protected primary building entrance.
(b) Secondary Public Access for Commercial Buildings. Buildings with “secondary” entrances off of a parking lot shall comply with the following measures to enhance secondary public access (applies only to entries used by the public):
(i) Weather protection at least three feet deep and at least eight feet above the ground is required over each secondary entry.
(ii) Two or more of the design elements must be incorporated within or adjacent to the secondary entry:
(A) A transparent window or door to allow visibility into the building;
(B) A landscape bed, trellis, or other permanent landscape element adjacent to the entry;
(C) Decorative architectural treatments that add visual interest to the entry;
(D) Outdoor dining or pedestrian-oriented space;
(E) Decorative lighting; or
(F) Other design elements that meet the intent of these standards as determined by the director.

Figure 19 – Examples of secondary public access. Note the planters, window signs, and awnings.
(Ord. 2927 § 10, 2013; Ord. 2870 § 7, 2011; Ord. 2852 § 10 (Exh. A), 2011).
(1) On sites abutting an alley, commercial, apartment, townhome and all group residence developments shall have parking areas placed to the rear of buildings with primary vehicular access via the alley, except when waived by the planning director due to physical site limitations.
(2) When alley access is available, and provides adequate access for the site, its use will be required unless determined to be infeasible or undesirable as determined by the community development director.
(3) When common parking facilities for attached dwellings and group residences exceed 30 spaces, no more than 50 percent of the required parking shall be permitted between the street property line and any building, except when authorized by the community development director due to physical site limitations.
(4) Direct parking space access to an alley may be used for parking lots with five or fewer spaces. (Ord. 3265 § 10 (Exh. H), 2023; Ord. 2852 § 10 (Exh. A), 2011).
(1) All structures (primary building, screening walls, canopy, canopy supports, signs, dumpster enclosures, etc.) should match architecturally by incorporating similar materials, detailing, roof, and building forms and landscaping.
(2) Pad buildings and landscaping should match the surrounding shopping center.
(3) The exterior building material should be continued along the base of the storefront windows at a minimum height of 20 inches.
(4) A three-foot-wide strip of foundation landscaping shall be provided along at least 50 percent of the building’s front elevation.
(5) A three-foot-tall masonry screen wall, earth berm, or combination shall be provided along all street frontages.
(6) A two-foot-plus border of textured paving should be provided:
(a) Around the footprint of the gasoline canopy;
(b) Between the pump area and the store entrance;
(c) Where the public sidewalk crosses the driveways; and
(d) In other pedestrian areas.
(7) Vehicular and pedestrian cross-access should be provided with adjacent commercial properties.
(8) Pad development sites should “share” driveways with the surrounding shopping center when reasonable to do so.
(9) All walls shall incorporate offsets to break up long lineal masses and cap detail or relief band to add interest. Wall materials and colors (on both sides of wall) should match primary building.
(10) A three-foot masonry screen wall, earth berm, or combination shall be provided along all street frontages.
(11) Automobile service and wash bays visible from the public street shall be screened with a six-foot masonry wall.
(12) Service activity areas (automotive, tire, etc.) should be oriented away from residential uses.
(13) Signage shall be an integral design element of a project and compatible with the exterior architecture with regard to location, scale, color and lettering.
(14) All sign colors and materials should match those of the building or the “corporate colors.” Opaque or muted sign backgrounds with cabinet-type signs are encouraged.
(15) No commercial signage should occupy the pump island area. All directional signs should be architecturally integrated.
(16) Gasoline price signs should be architecturally integrated with other signs or structures. (Ord. 3265 § 11 (Exh. I), 2023; Ord. 2852 § 10 (Exh. A), 2011).
The on-site open space and recreation space standards are intended to provide usable, accessible, and inviting open space for residents that enhances residential areas. Multifamily residential uses in the mixed use zone shall provide open space equivalent to at least 20 percent of the building’s gross floor area; vertical mixed use developments (where commercial and multifamily uses are contained in the same building) shall not be subject to this requirement; provided, that at least 80 percent of the ground floor is exclusively dedicated to commercial uses and residential uses shall be limited to walls not oriented or located along the street. The required area may be satisfied with one or more of the elements listed below:
(1) Common open space accessible to all residents shall count for up to 100 percent of the required open space. This includes landscaped courtyards or decks, gardens with pathways, children’s play areas, or other multipurpose recreational and/or green spaces. Special requirements and recommendations for common spaces include the following:
(a) Space shall be large enough to provide functional leisure or recreational activity area per the director. For example, long narrow spaces less than 20 feet wide rarely, if ever, can function as usable common open space.
(b) Consider space as a focal point of development.
(c) Open space, particularly children’s play areas, shall be visible from dwelling units, positioned near pedestrian activity, and be accessible to all units.
(d) Space shall feature paths, plantings, seating, lighting and other pedestrian amenities to make the area more functional and enjoyable.
(e) Individual entries shall be provided onto common open space from adjacent ground floor residential units. Small, semiprivate open spaces for adjacent ground floor units that maintain visual access to the common area are strongly encouraged to enliven the space.
(f) Separate common space from ground floor windows, streets, service areas and parking lots with landscaping and/or low-level fencing, where desirable.
(g) Space shall be oriented to receive sunlight, facing east, west, or (preferably) south, when possible.
(h) Required setbacks, landscaping, driveways, parking, or other vehicular use areas shall not be counted toward the common open space requirement; provided, that side and rear setbacks may contribute to open space on infill lots when the director determines that the setback areas provide functional leisure or recreational area.
(i) Rooftops or rooftop decks shall not be considered as common open space for the purpose of calculating minimum open space area; provided, that the director may consider rooftops or rooftop decks as common open space where usable open space amenities are provided and available to all residents.
(j) Outdoor open space shall not include areas devoted to parking or vehicular access.
(2) The following amenities may be used to satisfy up to 50 percent of the open space requirement. A combination of these amenities may be provided in different ratios; provided, that (i) the total credit for any combination of the following amenities may not exceed 50 percent of the open space requirement, and (ii) the amount of the amenity provided is sufficient to achieve the purpose of the amenity as determined by the director:
(a) Individual balconies that provide a space usable for human activity. To qualify, the balconies shall be at least 36 square feet and have no dimension less than six feet.
(b) Natural areas that function as an amenity to the development, subject to the following requirements and recommendations:
(i) The natural area shall be accessible to all residents. For example, safe and attractive trails provided along or through the natural area where they could serve as a major amenity to the development.
(ii) Steep slopes, wetlands, or similar unbuildable areas shall not be counted in the calculations for required open space unless they provide a visual amenity for all units, as determined by the director.
(c) Storm water retention areas if the facility has natural looking edges, natural vegetation, and no fencing except along the property line. The design of such areas shall go well beyond functional storm water requirements per the director in terms of the area involved and the quality of landscaping and resident amenities. The side slope of the storm water facilities shall not exceed a grade of 1:3 (one vertical to three horizontal) unless slopes are existing, natural, and covered with vegetation.
(3) Children’s play equipment and recreational activity space for children and/or teens that include parent seating areas are required in residential complexes with 20 or more units. Exceptions: age-restricted senior citizen housing; mixed use developments (combined commercial and residential in same building); developments reserved for student housing; and developments located within a quarter mile of safe walking distance to a public park that features a play area.
(4) Active recreation facilities may be provided, subject to the following:
(a) Active recreation facilities may include, but are not limited to, exercise rooms, sports courts, swimming pools, tennis courts, game rooms, or community centers; and
(b) Indoor recreation areas may be credited towards the total recreation space requirement, when the city determines that such areas are located, designed and improved in a manner which provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors.
Figure 20 – A residential courtyard providing semiprivate patio spaces adjacent to individual units.

Figure 21 – Balconies provide private, usable open space for residents.

Figure 22 – Children’s play area incorporated into a multifamily development.
(Ord. 3265 § 12 (Exh. J), 2023; Ord. 3193 § 19, 2021; Ord. 2927 § 11, 2013; Ord. 2852 § 10 (Exh. A), 2011).
Townhouses and other ground based multifamily residential units with individual exterior entries must provide at least 200 square feet of private open space per dwelling unit adjacent to, and directly accessible from, each dwelling unit. This may include private balconies, individual rear yards, landscaped front yards, and covered front porch areas. Exception: Common open space designed in accordance with MMC 22C.020.270(1) may substitute for up to 50 percent of each unit’s required private or semi-private open space on a square foot per square foot basis.

Figure 23 – Common open space for a townhouse development.

Figure 24 – These townhouses provide balconies and semiprivate yard space.

Figure 25 – Example townhouse configuration with a combination of private open spaces adjacent to units and larger common open space accessible to all units.
(Ord. 2927 § 12, 2013; Ord. 2852 § 10 (Exh. A), 2011).
(1) Unless the open space or recreation space is dedicated to the city pursuant to subsection (2) of this section, maintenance of any open space or recreation space retained in private ownership shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the city.
(2) Open space or recreation space may be dedicated as a public park when the following criteria are met:
(a) The dedicated area is at least one and one-half acres in size, except when adjacent to an existing or planned public park;
(b) The dedicated land provides one or more of the following:
(i) Shoreline access;
(ii) Regional trail linkages;
(iii) Habitat linkages;
(iv) Recreation facilities; or
(v) Heritage sites;
(c) The entire dedicated area is located less than one mile from the project site. (Ord. 2927 § 13, 2013; Ord. 2852 § 10 (Exh. A), 2011).
Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of providing on-site recreation space when a proposed development is located within one-quarter mile of an existing or proposed recreational facility; and, in the discretion of the director, the proposed recreation facility will be of greater benefit to the prospective residents of the development. (Ord. 3265 § 13 (Exh. K), 2023; Ord. 2927 § 14, 2013; Ord. 2852 § 10 (Exh. A), 2011).
City acceptance of this payment is discretionary, and may be permitted if:
(1) The proposed on-site open space or recreation space does not meet the criteria of MMC 22C.020.290(2); or
(2) The open space or recreation space provided within a public park in the vicinity will be of greater benefit to the prospective residents of the development. (Ord. 2927 § 15, 2013; Ord. 2852 § 10 (Exh. A), 2011).
Developments shall provide storage space for the collection of recyclables as follows:
(1) The storage space shall be provided at the rate of:
(a) 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;
(b) Two square feet per every 1,000 square feet of building gross floor area in office, educational and institutional developments;
(c) Three square feet per every 1,000 square feet of building gross floor area in manufacturing and other nonresidential developments; and
(d) Five square feet per every 1,000 square feet of building gross floor area in retail developments.
(2) The storage space for residential developments shall be apportioned and located in collection points as follows:
(a) The required storage area shall be dispersed in collection points throughout the site when a residential development comprises more than one building.
(b) There shall be one collection point for every 30 dwelling units.
(c) Collection points may be located within residential buildings, in separate buildings/structures without dwelling units, or outdoors.
(d) Collection points located in separate buildings/structures or outdoors shall be no more than 200 feet from a common entrance of a residential building.
(e) 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.
(3) The storage space for nonresidential development shall be apportioned and located in collection points as follows:
(a) Storage space may be allocated to a centralized collection point.
(b) Outdoor collection points shall not be located in any required setback areas.
(c) 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.
(d) Access to collection points may be limited, except during regular business hours and/or specified collection hours.
(4) The collection points shall be designed as follows:
(a) Dimensions of the collection points shall be of sufficient width and depth to enclose containers for recyclables.
(b) 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.
(c) Collection points shall be identified by signs not exceeding two square feet.
(d) A six-foot wall or fence shall enclose any outdoor collection point, excluding collection points located in industrial developments that are greater than 100 feet from residentially zoned property.
(e) 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.
(f) Weather protection of recyclables shall be ensured by using weather-proof containers or by providing a roof over the storage area.
(5) Only recyclable materials generated on-site shall be collected and stored at such collection points. Except for initial sorting of recyclables by users, all other processing of such materials shall be conducted off-site. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. The fence standards promote the positive benefits of fences without negatively affecting the community or endangering public or vehicle safety. Fences can create a sense of privacy, protect children and pets, provide separation from busy streets, and enhance the appearance of property by providing attractive landscape materials. The negative effects of fences can include the creation of street walls that inhibit police and community surveillance, decrease the sense of community, hinder emergency access and the safe movement of pedestrians and vehicles, and create an unattractive appearance.
(2) Types of Fences.
(a) The standards apply to walls, fences, trellises, arbors and screens of all types whether open, solid, wood, metal, wire, masonry or other material.
(b) No barbed or razor-wire fence shall be permitted, except for the following:
(i) Industrial zones.
(ii) Confinement of livestock.
(iii) Public facilities, transmitter and transformer sites.
(iv) Government installations where security or public safety is required.
(v) Automobile holding yards and similar businesses if required under state law.
(3) Height.
(a) Business and Commercial Zones. All yards: eight feet.
(b) Industrial Zones. All yards: 10 feet.
(c) When a protective fence is located on top of a rockery, any portion of the fence above a height of eight feet shall be an open-work fence.
(d) 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.
(e) 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.
(f) 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.
(4) Setbacks.
(a) Front Lot Line.
(i) Solid fences greater than four feet in height shall be set back at least 20 feet from the street right-of-way, except in the following circumstances:
(A) For a corner lot, the 20-foot setback shall only apply to the street which provides primary access to the lot.
(B) This setback requirement may be waived or modified by the city engineer or his designee if a fence is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks.
(ii) A four-foot fence, or six-foot fence with the top two feet constructed as an open-work fence, may be constructed on the front property line, provided the fence is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks.
(b) Side lot line: No setback requirement.
(c) Rear lot line: No setback requirement.
(d) For special rules relating to fences and walls near fire hydrants, see MMC 14.03.050(2) and the International Fire Code.
(5) Fence Variances.
(a) 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.
(b) 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.
(c) 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:
(i) If the proposed fence is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks;
(ii) The proposed fence will not infringe upon or interfere with utility and/or access easements or covenant rights or responsibilities;
(iii) The increased fence height will not adversely affect adjacent property owners;
(iv) Fences greater than six feet in height are required to obtain a city building permit;
(v) Other information which is relevant and necessary to make a determination as to the validity of the request for variation. Such additional information may include site plans, elevation drawings, and information concerning the surrounding properties and uses.
(d) 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.
(e) 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. (Ord. 2898 § 6, 2012; Ord. 2852 § 10 (Exh. A), 2011).
(1) Where lighted signs and illuminated areas are permitted, such illuminating devices shall be shaded and/or directed so as not to visibly create a nuisance to any property in a residential zoning classification.
(2) Mechanical equipment located on the roof, facade or external portions of a building shall be architecturally screened so as not to be visible from adjacent properties at street level or the public street.
(3) Equipment or vents which generate noise or air emissions shall be located on the opposite side of the building from adjoining residentially designated properties. (Ord. 3244 § 4 (Exh. D), 2022; Ord. 2852 § 10 (Exh. A), 2011).
(1) Where illuminated signs and illuminated areas are permitted, such illuminating devices shall be shaded and/or directed so as not to visibly create a nuisance to any property in a residential zone classification.
(2) Industrial and exterior lighting shall not be used in such a manner that it produces glare on public highways. Arc welding, acetylene-torch cutting, or similar processes shall be performed so as not to be seen from any point beyond the outside of the property.
(3) The storage and handling of inflammable liquids, liquefied petroleum, gases, and explosives shall comply with rules and regulations falling under the jurisdiction of the city’s fire chief, and the laws of the state of Washington. Bulk storage of inflammable liquids below ground shall be permitted, and the tanks shall be located not closer to the property line than the greatest dimension (diameter, length or height) of the tank.
(4) Provisions shall be made for necessary shielding or other preventive measures against interference as occasioned by mechanical, electrical and nuclear equipment, and uses or processes with electrical apparatus in nearby buildings or land uses.
(5) Liquid and solid wastes and storage of animal or vegetable waste which attract insects or rodents or otherwise create a health hazard shall be prohibited. No waste products shall be exposed to view from eye level from any property line in an industrial district. (Ord. 2852 § 10 (Exh. A), 2011).
Existing developments that do not conform to the development standards of this chapter are subject to the standards of Chapter 22C.100 MMC, Nonconforming Situations. (Ord. 2852 § 10 (Exh. A), 2011).
The standards pertaining to the required number of auto parking spaces, bicycle parking spaces, parking lot placement, parking lot setbacks and internal parking lot pedestrian connections are stated in Chapter 22C.130 MMC, Parking and Loading. (Ord. 2852 § 10 (Exh. A), 2011).
The sign standards are stated in Chapter 22C.160 MMC, Signs. (Ord. 2852 § 10 (Exh. A), 2011).
The landscaping and screening standards are stated in Chapter 22C.120 MMC, Landscaping and Screening. (Ord. 2852 § 10 (Exh. A), 2011).
The purpose of establishing the adult facilities overlay zone is to permit the location of adult facilities in an area of the city which will reduce the secondary effects of such an establishment on the community. The performance criteria included in this zone are intended to control external as well as internal impacts of the development and bulk and special limitations in other chapters of this title are superseded by the provisions of this chapter. It is the further purpose of this zone to prevent the location of adult facilities throughout the city by consolidating them in one area. Because of the unique character of this zone, and its potential to disrupt pre-existing residential and commercial development in the community, the city will only consider classifying property in this zone if such property is designated on the comprehensive plan as “general industrial” and is suitable for adult facilities. This chapter provides alternative development standards to address unique site characteristics and to address development opportunities which can exceed the quality of standard developments, by:
(1) Establishing authority to adopt property-specific development standards for increasing minimum requirements of this code on individual sites; and
(2) Establishing the adult facilities overlay zone with alternative standards for special areas designated by the comprehensive plan or neighborhood plans. (Ord. 2852 § 10 (Exh. A), 2011).
(1) This chapter authorizes the city of Marysville to increase development standards or limit uses on specific properties beyond the general requirements of this code through property-specific development standards, and to carry out comprehensive plan policies through special districts and overlay zones which supplement or modify standard zones through different uses, design or density standards or review processes.
(2) The adult facilities overlay zone shall be applied to specific properties or areas containing several properties through zoning reclassification as provided in MMC 22G.010.420. (Ord. 2852 § 10 (Exh. A), 2011).
Adult facilities overlay zones shall be designated on the city zoning map as follows:
(1) Designation of the adult facilities overlay zone shall include policies that prescribe the purposes and location of the overlay;
(2) An adult facilities overlay zone shall be indicated on the zoning map with the suffix “-AF” following the map symbol of the underlying zone or zones;
(3) The adult facilities overlay zones set forth in this chapter may expand the range of permitted uses and development standards established by this code for any use or underlying zone; and
(4) Unless they are specifically modified by the provisions of this chapter, the standard requirements of this code and other city ordinances and regulations govern all development and land uses within the adult facilities overlay zone. (Ord. 2852 § 10 (Exh. A), 2011).
The adult facilities overlay zone is to be established only upon land located along the east side of the 47th Avenue NE alignment, in the east half of the northeast quarter of Section 33, Township 30 N., Range 5 E., W.M., and in the northeast quarter of the southeast quarter of Section 33, Township 30 N., Range 5 E., W.M., as identified on the following map:

(Ord. 2852 § 10 (Exh. A), 2011).
The following uses shall be permitted in the adult facilities overlay zone:
(1) Adult facilities.
(2) All uses allowed in the underlying zone. (Ord. 2852 § 10 (Exh. A), 2011).
Notwithstanding the provisions of Chapter 22C.100 MMC relating to nonconforming uses, any adult facility lawfully existing and operating on the effective date of the ordinance codified in this chapter or at the time of annexation of an area into the city may be continued and maintained without regard to the restrictions on adult facilities contained herein on the following conditions:
(1) There may be a change in tenancy, ownership or management of the facility; provided, that there is no change in the nature or character of the business.
(2) If the adult facility or use is vacated, abandoned or closed for a continuous period of 180 days, the nonconforming status shall be lost.
(3) The adult facility or use cannot be expanded into additional buildings or areas of buildings on the property.
(4) All other codes, ordinances, regulations and statutes shall be complied with in full.
(5) All nonconforming adult facilities and uses shall be granted a phase-out period of two years, unless said two-year period is an unreasonable period of amortization for the said use. In that event, a nonconforming adult facility shall make application to the city land use hearing examiner no later than 180 days prior to expiration of the two-year amortization period for an extension of time. The decision of the hearing examiner shall be in accordance with the provisions of Chapter 22G.060 MMC. In determining whether to recommend the granting of an extension or not, the hearing examiner shall determine whether or not the harm or hardship to the nonconforming adult facility outweighs the benefit to be gained by the public from termination of the use. Factors to be considered by the examiner include the secondary adverse effects of the business on the neighborhood/community, the location of the business in relationship to schools, parks, churches, athletic facilities, convention facilities and residential zones, initial capital investment, investment realization to date, life expectancy of the investment, the existence or nonexistence of a lease option, as well as a contingency clause permitting termination of the lease, and whether a reasonable alternative use of the property exists. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Violation of any of the provisions of this chapter relating to adult facilities is declared to be a public nuisance per se and shall be subject to abatement through civil proceedings and not by criminal prosecution.
(2) Nothing in this code is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates city codes or statutes of the state of Washington regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. (Ord. 2852 § 10 (Exh. A), 2011).
(1) This chapter provides for alternative development standards to address unique site characteristics and to address development opportunities which can exceed the quality of standard developments, by:
(a) Establishing authority to adopt property-specific development standards for increasing minimum requirements of this code on individual sites; and
(b) Establishing special districts and overlay zones with alternative standards for special areas designated by the comprehensive plan or neighborhood plans.
(2) The purpose of the mixed use (MU) zone, and mixed use special district, is to provide for pedestrian- and transit-oriented high-density employment uses together with limited complementary retail and higher density residential development in locations within activity centers where the full range of commercial activities is not desirable. These purposes are accomplished by:
(a) Allowing for uses that will take advantage of pedestrian-oriented site and street improvement standards;
(b) Providing for higher building heights and floor area ratios than those found in other commercial zones;
(c) Reducing the ratio of required parking-to-building floor area;
(d) Allowing for on-site convenient daily retail and personal services for employees and residents; and
(e) Minimizing auto-oriented, outdoor or other retail sales and services which do not provide for the daily convenience needs of on-site and nearby employees or residents. (Ord. 2852 § 10 (Exh. A), 2011).
(1) This chapter authorizes the city of Marysville to increase development standards or limit uses on specific properties beyond the general requirements of this code through property-specific development standards, and to carry out comprehensive plan policies through special districts which supplement or modify standard zones through different uses, design or density standards or review processes.
(2) A zoning reclassification, as provided in MMC 22G.010.420, must be submitted if a site is located in a designated mixed use overlay area on the comprehensive plan, and must be accompanied by a preliminary development plan prepared in compliance with the regulations and requirements of this chapter. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Use of this zone is appropriate in areas designated by the comprehensive plan for mixed use which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(2) A tract of land must be in single ownership or, for multiple parcels, under unified control. This requirement shall apply during preliminary and final plan stages to ensure continuity of plan development. (Ord. 2852 § 10 (Exh. A), 2011).
All development within the mixed use zone, or mixed use – special district, shall strictly comply with the following general performance standards:
(1) Preliminary and final plans must comply with bulk regulations contained in this chapter and Chapter 22C.020 MMC.
(2) All proposed sites shall be served by public water and sewer services and paved streets.
(3) Open space/recreation facilities shall be provided as outlined in MMC 22C.020.270 through 22C.020.310.
(4) Vehicular Access and Traffic.
(a) Each project shall be limited to a maximum of two points of vehicular access on any one street unless it can be demonstrated that additional points of vehicular access would not materially impede the flow of traffic on the adjoining streets.
(b) Developments which provide both residential and nonresidential uses may be eligible for an appropriate traffic mitigation fee reduction.
(c) Pedestrian access shall be a priority in review of the vehicular access plan.
(d) Access points on arterial streets shall be coordinated with adjacent properties in order to limit the overall number of access points.
(5) Pedestrian Access. All projects which contain multiple businesses and/or residential uses shall provide an interconnecting pedestrian circulation system. When a proposed development is on an established bus route, the applicant may be required to provide a bus shelter.
(6) Parking. Off-street parking for residential and nonresidential uses shall comply with Chapter 22C.130 MMC. Off-street parking requirements are modified as follows for developments within downtown neighborhood planning area 1, as defined in the city’s comprehensive plan, which provide both residential and nonresidential uses:
(a) No less than one space for every 1,000 square feet of nonresidential floor area shall be provided;
(b) For duplexes, triplexes, fourplexes, apartments, and condominiums, one space per each studio or one bedroom dwelling unit, and one and one-half spaces per each two or more bedroom unit.
(7) Lighting. Outdoor lighting shall not shine on adjacent properties, rotate or flash.
(8) Utilities. All new utility services and distribution lines shall be located underground.
(9) Sidewalks. Sidewalk width requirements shall be increased to a range of seven to 10 feet on streets designated as major pedestrian corridors. For sidewalk widths exceeding the amount required in the city of Marysville Engineering Design and Development Standards, credit will be given on a square footage basis for any dedication of the additional right-of-way.
(10) Signs. Signs shall comply with the requirements of Chapter 22C.160 MMC.
(11) Standards Incorporated by Reference. Unless specifically superseded by provisions of this chapter, performance standards for residential and commercial development found elsewhere in the Marysville Municipal Code shall apply to such developments in the mixed use zones, and mixed use – special districts, including parking requirements, storm drainage requirements, sign regulations, and noise regulations.
(12) Maintenance of Open Space, Landscaping and Common Facilities. The owner of the property, its heirs, successors and assigns, shall be responsible for the preservation and maintenance of all open space, parking areas, walkways, landscaping, fences and common facilities, in perpetuity, at a minimum standard at least equal to that required by the city, and approved by the planning director, at the time of initial occupancy. (Ord. 3260 § 12 (Exh. L), 2023; Ord. 3193 § 20, 2021; Ord. 2852 § 10 (Exh. A), 2011).
All development within the mixed use zones, and mixed use – special districts, shall strictly comply with the following general design requirements:
(1) Vehicular Access and Parking Location.
(a) On sites abutting an alley, apartment and townhome developments shall have parking areas placed to the rear of buildings with primary vehicular access via the alley, except when waived by the community development director due to physical site limitations;
(b) When alley access is available, and provides adequate access for the site, its use will be encouraged;
(c) No more than 30 percent of the site street frontage can be used for parking or driveways;
(d) Direct parking space access to an alley may be used for parking lots with five or fewer spaces.
(2) Every use shall be subject to the pedestrian-oriented development standards outlined in the comprehensive plan (e.g., placement and orientation of buildings with respect to streets and sidewalks, the use of awnings or marquees, and the placement of parking facilities). (Ord. 2852 § 10 (Exh. A), 2011).
The purpose of the small farms overlay is to provide a process for registering small farms, thereby applying the small farms overlay zone and recording official recognition of the existence of the small farm, and to provide some encouragement for the preservation of such farms, as well as encouraging good neighbor relations between small farms and adjacent residential and other development. This chapter provides alternative development standards to address unique site characteristics and addresses development opportunities which can exceed the quality of standard developments, by:
(1) Establishing authority to adopt property-specific development standards for increasing minimum requirements of this code on individual sites; and
(2) Establishing the small farms overlay zone with alternative standards for special areas designated by the comprehensive plan or neighborhood plans. (Ord. 3366 § 63 (Exh. KKK), 2025; Ord. 3352 § 66 (Exh. KKK), 2025; Ord. 2852 § 10 (Exh. A), 2011).
This chapter sets forth an administrative process of procedures and standards to be followed in applying for the small farms overlay zone. This overlay zone may be applied to all zones within the city of Marysville. (Ord. 2852 § 10 (Exh. A), 2011).
(1) This chapter authorizes the city of Marysville to increase development standards or limit uses on specific properties beyond the general requirements of this code through property-specific development standards, and to carry out comprehensive plan policies through special districts and overlay zones which supplement or modify standard zones through different uses, design or density standards or review processes.
(2) The small farms overlay zone shall be applied to specific properties or areas containing several properties through the rezone criteria as provided in MMC 22G.010.440. (Ord. 2852 § 10 (Exh. A), 2011).
Small farms overlay zones shall be designated on the city zoning map as follows:
(1) Designation of a small farms overlay zone shall include policies that prescribe the purposes and location of the overlay;
(2) A small farms overlay zone shall be indicated on the zoning map with the suffix “-SF” following the map symbol of the underlying zone or zones;
(3) The small farms overlay zone may expand the range of permitted uses and development standards established by this code for any use or underlying zone; and
(4) Unless they are specifically modified by the provisions of this chapter, the standard requirements of this code and other city ordinances and regulations govern all development and land uses within the small farms overlay zones. (Ord. 2852 § 10 (Exh. A), 2011).
The following uses are permitted in the small farms overlay zone:
(1) Horticulture.
(2) Floriculture.
(3) Viticulture.
(4) Animal husbandry.
(5) Production of seed, hay and silage.
(6) Christmas tree farming.
(7) Aquaculture.
(8) Roadside stands, subject to the following standards:
(a) Roadside stands not exceeding 300 square feet in area.
(b) Roadside stands shall be exclusively for the sale of products produced on the premises, from the above listed uses.
(c) Space adequate for the parking of a minimum of three vehicles shall be provided adjacent to any stand and not less than 20 feet from any street right-of-way.
(9) One single-family residence or middle housing building per lot shall be allowed pursuant to MMC 22C.010.060 and 22C.010.080, together with accessory structures and uses. (Ord. 3366 § 64 (Exh. LLL), 2025; Ord. 3352 § 67 (Exh. LLL), 2025; Ord. 2852 § 10 (Exh. A), 2011).
Administrative approval for the small farms overlay shall be requested by the property owner and shall be granted by the community development director if the following requirements are met:
(1) The minimum lot size shall be 100,000 square feet (2.3 acres). Smaller tracts shall be permitted if such tracts were in existence and in agricultural use on, or before, enactment of Ordinance 2131 (June 9, 1992).
(2) The use of the property is an existing and ongoing agricultural activity, as defined in MMC 22A.020.060, or, in the case of a new small farm larger than 2.3 acres, the property will be used for such agricultural activity.
(3) The applicant pays a registration fee of $50.00.
(4) The property owner provides the legal description and street address of the subject property.
(5) In the case of new small farms, the applicant shall submit a site plan which includes the following additional information:
(a) Existing and/or proposed structures and required setbacks;
(b) Drainage channels, watercourses, marshes, lakes and ponds;
(c) Fences, proposed grazing/exercise areas;
(d) Distance of adjacent dwellings to the subject site’s property boundaries and buildings;
(e) Method of manure disposal; and
(f) Any regulated critical areas such as wetlands, streams, geologic hazard areas or wildlife habitat. (Ord. 2852 § 10 (Exh. A), 2011).
(1) All agricultural activities, when conducted consistent with good agricultural practices, are declared to be a permitted activity within the small farms overlay zone, notwithstanding any other section of this code. Agricultural activities undertaken in conformity with all applicable laws and rules are presumed to be good agricultural practices not adversely affecting the public health and safety.
(2) Farm machinery and livestock animal noises emanating from a farm granted the small farms overlay shall be exempt from the city’s noise code, Chapter 6.76 MMC.
(3) New subdivisions located adjacent to tracts granted the small farms overlay shall provide a six-foot-high, sight-obscuring chain-link fence along the property line, unless the developer demonstrates by clear and convincing evidence that a different barrier would be as adequate to protect the small farm. The following alternative methods of sight-obscuring screening may be utilized, but shall not be limited to:
(a) Protected critical areas and related buffers may be utilized, if directly adjacent to the small farms overlay zone; or
(b) An existing vegetative buffer which provides adequate screening and separation between the small farm use and the proposed subdivision.
The applicant shall demonstrate to the community development department that the alternative screening method proposed provides the greatest amount of protection relative to the type of adjacent agricultural use. (Ord. 2852 § 10 (Exh. A), 2011).
Bulk and dimensional requirements shall be consistent with the underlying residential zoning classification, as set forth in Chapter 22C.010 MMC. (Ord. 2852 § 10 (Exh. A), 2011).
All new small farms overlay requests, as well as existing and ongoing agricultural activities which were not granted the small farms overlay designation, shall provide a notice of application in accordance with MMC 22G.010.090. (Ord. 3256 § 2 (Exh. B), 2023; Ord. 2852 § 10 (Exh. A), 2011).
(1) Subject to subsections (2) and (3) of this section, the following shall constitute the disclosure required by this section for new small farms, development permits, building permits and transfers of real property within the small farms overlay zone:
Your real property is within, adjacent to, or within 300 feet of property designated as a small farm; therefore, you may be subject to inconveniences or discomforts arising from agricultural activities, including but not limited to noise, odors, fumes, dust, smoke, the operation of machinery of any kind, the storage and disposal of manure, the application by spraying or otherwise of chemical or organic fertilizers, soil amendments, herbicides and pesticides, hours of operation, and other agricultural activities.
Agricultural activities conducted within the overlay zone and in compliance with acceptable agricultural practices and established prior to surrounding nonagricultural activities are presumed to be reasonable and shall not be found to constitute a nuisance unless the activities have a substantial adverse effect on the public health and safety or are clearly not related to the small farm activities.
This disclosure applies to the real property which is subject to a development or building permit as of the date of the development or building permit approval or, in the case of real property transfers, the disclosure applies to the subject property as of the date of the transfer. This disclosure may not be applicable thereafter if areas subject to small farms overlay zone are changed from the small farms overlay designation.
(2) Prior to the closing of a transfer of real property within the small farms overlay zone, or real property adjacent to or within 300 feet of the small farms overlay zone, by deed, exchange, gift, real estate contract, lease with option to purchase, option to purchase, or any other means of transfer or conveyance (except transfers made by testamentary provisions or the laws of descent), the transferor shall provide the transferee a copy of the disclosure text in this section and shall record with the county auditor a copy of the same showing an acknowledgment of receipt executed by the transferee in a form prescribed by the community development director. The form of the acknowledged disclosure text shall include a statement that the disclosure notice applies to the subject real property as of the date of the transfer and may not be applicable thereafter if the small farms overlay designation is removed.
(3) Development permits and building permits for land within the small farms overlay zone or land adjacent to or within 300 feet of land within the small farms overlay zone shall include the disclosure text in this section on the final development or building permit in a location determined by the community development director. Said disclosure notice shall apply to the real property which is subject to the development or building permit as of the date of development or building permit approval and may not be applicable thereafter if areas designated with the small farms overlay zone are removed from said designation. (Ord. 2852 § 10 (Exh. A), 2011).
(1) All appeals of decisions relating to the small farms overlay zone shall be made to the hearing examiner. Such appeals must be made in writing and filed with the community development department within 14 calendar days from the date on which the decision was rendered.
(2) The written appeal shall include a detailed explanation stating the reason for the appeal. The decision of the hearing examiner shall constitute a recommendation to the city council, pursuant to MMC 22G.060.130.
(3) Standing to appeal is limited to the following:
(a) The applicant or owner of the property on which the small farms overlay is proposed; and
(b) Any aggrieved person that will thereby suffer a direct and substantial impact from the proposed overlay zone. (Ord. 2852 § 10 (Exh. A), 2011).
The filing of an appeal shall stay the running of the time periods for small farms overlay approval as set forth in this title. (Ord. 2852 § 10 (Exh. A), 2011).
Any appeals from a decision approving or disapproving the small farms overlay zone shall be in accordance with the Land Use Petition Act and shall be filed within 21 days of a final city council decision. (Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter is to apply the design guidelines in the Smokey Point master plan, as adopted by Ordinance No. 2738, as legally required standards for all new construction in the Smokey Point master plan area (MPA). It is also the purpose of this chapter to:
(1) Encourage the realization and creation of a desirable and aesthetic environment in the Smokey Point MPA;
(2) Establish a commercial/light industrial park that, based on the allowable uses in the zoning designations, provides jobs for the residents of Marysville and expands the city’s commercial/light industrial base;
(3) Encourage and promote development which features amenities and excellence in site planning, streetscape, building design and contribution to community charm;
(4) Provide design guidance that coordinates the “look and feel” of the project while ensuring ecological and environmental responsibility and providing for efficient functioning of the Smokey Point MPA;
(5) Bring the range of uses together by individual site plans that will:
(a) Demonstrate how the elements of the site relate to the street front;
(b) Provide for compatibility with adjacent land uses;
(c) Provide protection or mitigation of natural features;
(d) Enhance street fronts and street corners;
(e) Promote public safety;
(f) Incorporate service areas and storm water facilities in a nonobtrusive manner; and
(g) Provide convenient pedestrian and vehicle circulation connecting on-site activities with adjacent pedestrian routes and streets. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Applicability.
(a) The design guidelines set forth in the Smokey Point master plan, as adopted by Ordinance No. 2738, shall apply to all new construction in the Smokey Point MPA.
(b) The design guidelines shall be legally required standards, which shall be applied by the city to all development approvals and permits in the Smokey Point MPA.
(c) The following activities shall be exempt from these standards:
(i) Construction activities which do not require a building permit;
(ii) Interior remodels of existing structures;
(iii) Modifications or additions to existing commercial, industrial and public properties when the modification or addition:
(A) Constitutes less than 10 percent of the existing horizontal square footage of the use or structure; and
(B) Constitutes less than 10 percent of the existing building’s exterior facade.
(d) These standards are intended to supplement the zoning standards in the Marysville Municipal Code. Where these standards and the zoning ordinance standards conflict, the city shall determine which regulation applies based on which is more in the public interest and more consistent with the comprehensive plan.
(2) Interpreting and Applying the Design Standards.
(a) These standards capture the community visions and values as reflected in the comprehensive plan’s neighborhood planning areas. The city’s community development director (hereinafter referred to as “director”) retains full authority to determine whether a proposal meets these standards.
(b) Within these standards, certain words are used to indicate the relative importance and priority the city places upon a particular standard.
(i) The words “shall,” “must,” “will,” and “is/are required,” or words with their equivalent meaning, mean that the development proposal must comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance; or
(B) The development proposal meets the intent of the standards in some other manner.
(ii) The word “should,” or words with its equivalent meaning, means that the development proposal will comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance;
(B) The development proposal meets the intent of the standards in some other manner; or
(C) There is convincing evidence that applying the standard would not be in the public interest.
(iii) The words “is/are encouraged,” “can,” “consider,” “help,” and “allow,” or words with their equivalent meaning, mean that the action or characteristic is allowed and will usually be viewed as a positive element in the city’s review.
(c) 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. (Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter is to provide density incentives to developers of residential lands in exchange for public benefits to help achieve comprehensive plan goals of creation of quality places and livable neighborhoods, affordable housing, open space protection, historic preservation, energy conservation, and environmentally responsible design by:
(1) Defining in quantified terms the public benefits that can be used to earn density incentives;
(2) Providing rules and formulae for computing density incentives earned by each benefit;
(3) Providing a method to realize the development potential of sites containing unique features of size, topography, environmental features or shape; and
(4) Providing a review process to allow evaluation of proposed density increases and the public benefits offered to earn them, and to give the public opportunities to review and comment. (Ord. 2852 § 10 (Exh. A), 2011).
Residential density incentives (RDI) shall be used only on sites served by public sewers and only in the following zones:
(1) In the NR-4.5 and NR-6.5 zones when a planned residential development is proposed;
(2) In the R-12 through R-28 and WR-R-6-18 zones; and
(3) In the CB, CB-WR, GC, and MU zones. (Ord. 3366 § 71 (Exh. SSS), 2025; Ord. 3352 § 74 (Exh. SSS), 2025; Ord. 3219 § 1 (Exh. A), 2022; Ord. 3193 § 21, 2021; Ord. 2852 § 10 (Exh. A), 2011).
(1) The public benefits eligible to earn increased densities, and the maximum incentive to be earned by each benefit, are set forth in subsection (6) of this section. The density incentive is expressed as additional bonus dwelling units or lots (or fractions of dwelling units or lots) earned per amount of public benefit provided. Where a range is specified, the earned credit will be determined by the community development director during project review.
(2) Bonus dwelling units or lots may be earned through any combination of the listed public benefits. Substantially similar benefits cannot be applied to the same area or improvement type within a development, unless approved by the director.
(3) Residential developments with property-specific development standards requiring any public benefit enumerated in this chapter shall be eligible to earn bonus dwelling units or lots as set forth in subsection (6) of this section when the public benefits provided exceed the basic development standards of this title. When a development is located in a special overlay district, bonus units or lots may be earned if the development provides public benefits exceeding corresponding standards of the special district.
(4) In the neighborhood residential (i.e., NR-4.5 and NR-6.5) zones, bonus lots can be earned. Bonus lots may only be earned for the benefits where either lots or a percentage increase in the base density are specifically referenced in subsection (6) of this section.
(5) In multifamily zones, bonus lots can be earned when single-family or middle housing is proposed, and bonus units can be earned when multifamily or townhouse developments are proposed.
(6) The following are the public benefits eligible to earn density incentives through RDI review:
Benefit | Density Incentive |
|---|---|
1. Affordable Housing |
|
a. Benefit units consisting of rental housing permanently priced to serve nonelderly low-income households (i.e., no greater than 30 percent of gross income for household at or below 50 percent of Snohomish County median income, adjusted for household size). A covenant on the site that specifies the income level being served, rent levels and requirements for reporting to the city shall be recorded at final approval. | 1.5 bonus units per benefit, up to a maximum of 30 low-income units per five acres of site area; projects on sites of less than five acres shall be limited to 30 low-income units. |
b. Benefit units consisting of rental housing designed and permanently priced to serve low-income senior citizens (i.e., no greater than 30 percent of gross income for one- or two-person households, one member of which is 62 years of age or older, with incomes at or below 50 percent of Snohomish County median income, adjusted for household size). A covenant on the site that specifies the income level being served, rent levels and requirements for reporting to the city of Marysville shall be recorded at final approval. | 1.5 bonus units per benefit, up to a maximum of 60 low-income units per five acres of site area; projects on sites of less than five acres shall be limited to 60 low-income units. |
c. Benefit units consisting of mobile home park space or pad reserved for the relocation of an insignia or noninsignia mobile home that has been or will be displaced due to closure of a mobile home park located in the city of Marysville. | 1.0 bonus unit per benefit unit. |
2. Public Facilities (Schools, Public Buildings or Offices, Trails and Active Parks) |
|
a. Dedication of public facilities site or trail right-of-way meeting city of Marysville or agency location and size standards for the proposed facility type. | 10 bonus units or lots per usable acre of public facility land or one-quarter mile of trail exceeding the minimum requirements outlined in other sections of this title. |
b. Improvement of dedicated public facility site to city of Marysville standards for the proposed facility type. | 2 – 10 (range dependent on facility improvements) bonus units or lots per acre of improvement. If the applicant is dedicating the site of the improvements, the bonus units earned by improvements shall be added to the bonus units earned by the dedication. |
c. Improvement of dedicated trail segment to city of Marysville standards. | 1.8 bonus units or lots per one-quarter mile of trail constructed to city standard for pedestrian trails; or 2.5 bonus units or lots per one-quarter mile of trail constructed to city standard for multipurpose trails (pedestrian/bicycle/equestrian). Shorter segments shall be awarded bonus units on a pro rata basis. If the applicant is dedicating the site of the improvements, the bonus units earned by improvements shall be added to the bonus units earned by the dedication. |
d. Dedication of open space, meeting city of Marysville acquisition standards, to the city, county or a qualified public or private organization such as a nature conservancy. | 2 bonus units or lots per acre of open space. |
3. Community Image and Identity |
|
a. Contribution towards an identified capital improvement project, including, but not limited to, parks, roadways, bicycle facilities, pedestrian facilities, multi-use trails, gateway sign, etc. | $25,000 per bonus unit or lot. Bonus units or lots may only be claimed in whole numbers or 0.5 bonus unit or lot increments. |
4. Historic Preservation |
|
a. Dedication of a site containing an historic landmark to the city of Marysville or a qualifying nonprofit organization capable of restoring and/or maintaining the premises to standards set by Washington State Office of Archaeology and Historic Preservation. | 0.5 bonus unit or lot per acre of historic site. |
b. Restoration of a site or structure designated as an historic landmark. | 0.5 bonus unit or lot per acre of site or 1,000 square feet of floor area of building restored. |
5. Locational/Mixed Use |
|
a. Developments located within one-quarter mile of transit routes, and within one mile of fire and police stations, medical, shopping, and other community services. | 5 percent increase above the base density of the zone. |
b. Mixed use developments over one acre in size having a combination of commercial and residential uses. | 10 percent increase above the base density of the zone. |
6. Storm Drainage Facilities |
|
Dual use retention/detention facilities. |
|
a. Developments that incorporate active recreation facilities that utilize the storm water facility tract. | 5 bonus units or lots per acre of the storm water facility tract used for active recreation. |
b. Developments that incorporate passive recreation facilities that utilize the storm water facility tract. | 2 bonus units or lots per acre of the storm water facility tract used for passive recreation. |
7. Project Design |
|
a. Preservation of substantial overstory vegetation (not included within a required NGPA). No increase in permitted density shall be permitted for sites that have been cleared of evergreen trees within two years prior to the date of application for land use approval. Density increases granted which were based upon preservation of existing trees shall be forfeited if such trees are removed between the time of preliminary and final approval and issuance of building permits. | 5 percent increase above the base density of the zone. |
b. Retention or creation of a perimeter buffer, composed of existing trees and vegetation, or additional plantings, in order to improve design or compatibility between neighboring land uses. | 1 bonus unit or lot per 500 lineal feet of perimeter buffer retained, enhanced or created (when not otherwise required by city code). |
c. Project area assembly involving 20 acres or more, incorporating a mixture of housing types (detached/attached) and densities. | 10 percent increase above the base density of the zone. |
d. Private park and open space facilities integrated into project design. | 5 bonus units or lots per improved acre of park and open space area. Ongoing facility maintenance provisions are required as part of RDI approval. |
e. Enhanced entry landscaping. | 1 bonus unit or lot per 2,500 square feet of additional enhanced entry landscaped area (when not otherwise required by code). A minimum of 1,000 square feet of entry landscaping of exceptional, outstanding or unique design, as determined by the director, must be provided in order to qualify for this benefit. |
8. Green Building |
|
a. Construction of a certified Leader in Energy and Environmental Design (LEED) Gold or better rating, Evergreen Sustainable Development Standard (ESDS), Built Green 4-Star or better rating, or other equivalent certified energy efficient unit as approved by the director.
Certification due 120 days after final building inspections granted, or a certificate of occupancy is issued. | 0.20 bonus unit or lot for each certified unit constructed. |
(7) All benefits shall be completed prior to final subdivision, short subdivision, or binding site plan being recorded, or prior to granting a certificate of occupancy, unless otherwise specified in subsection (6) of this section. (Ord. 3366 § 72 (Exh. TTT), 2025; Ord. 3352 § 75 (Exh. TTT), 2025; Ord. 3219 § 2 (Exh. B), 2022; Ord. 3074 § 1, 2017; Ord. 2852 § 10 (Exh. A), 2011).
To qualify as bonus units or lots, the recreational area (i.e., acreage or square feet) or amenities listed in this section must be provided in excess of the recreational area or amenities otherwise required for the development.
(1) The applicant must clearly delineate and identify on the site and/or landscape plans which areas or amenities are proposed to satisfy the standard code requirements for the development, and which areas or amenities are proposed in excess of the standard code requirements to earn bonus units or lots.
(a) Area. If additional land area (i.e., acreage or square feet) is provided for open space in excess of the standard code requirements, the applicant shall earn bonus units or lots for the area (i.e., acreage or square feet) provided in excess of the standard code requirements for the project type. Passive and active open space shall be credited at the rates outlined in MMC 22C.090.030(6).
(b) Amenities. If an open space area provides additional amenities in excess of the standard code requirements, the applicant shall earn bonus units or lots for the area or areas where additional amenities are provided. The applicant shall first calculate the amenities that are required for the project type. Additional amenities must be provided as described in subsections (2) and (3) of this section.
(2) Active recreation features qualifying for a density bonus shall include:
(a) One or more of the following per half acre of open space:
(i) Multipurpose, basketball, tennis, pickleball, or similar courts or half-courts;
(ii) Skateboard facilities;
(iii) Baseball, football, soccer, or similar fields;
(iv) Large tot lot with play equipment (soft surface); or
(v) Any other active recreation use approved by the director.
(b) Two or more of the following per half acre of open space:
(i) Golf or mini-golf course;
(ii) Bocce or similar lawn games;
(iii) Volleyball or similar net sports;
(iv) Small tot lot with play equipment (soft surface); or
(v) Any other active recreation use approved by the director.
(3) Passive recreation qualifying for a density bonus shall include one or more of the following per half acre of open space:
(a) Open play areas when active amenities are not provided;
(b) Pedestrian or bicycle paths;
(c) Picnic areas with tables and benches;
(d) Gazebos, benches and other resident gathering areas;
(e) Community gardens or areas with enhanced landscaping;
(f) Nature interpretive areas;
(g) Waterfalls, fountains, or other water features; or
(h) Any other passive recreation use approved by the director.
(4) Dual use storm water retention/detention and recreation facilities shall meet the following design criteria:
(a) The facility shall be designed with emphasis as a recreation area, not a storm water control structure, and shall be designed as usable open recreation area.
(b) Control structures shall not be prominently placed. Care should be taken to blend them into the perimeter of the recreation area.
(c) The number of accesses shall be minimized, and the accesses shall be designed to serve as both an access and an amenity to qualify as open space. The following are examples of access treatments that would qualify as open space:
(i) Grasscrete or equivalent;
(ii) Decorative pavers; or
(iii) Concrete or asphalt with a dual use including, but not limited to, sport court, hopscotch, meandering paved trails, etc. (Ord. 3366 § 73 (Exh. UUU), 2025; Ord. 3352 § 76 (Exh. UUU), 2025; Ord. 3257 § 4 (Exh. D), 2023; Ord. 3219 § 3 (Exh. C), 2022; Ord. 2852 § 10 (Exh. A), 2011).
The total dwelling units or lots permitted through RDI review shall be calculated using the following steps:
(1) Calculate the number of dwellings or lots permitted by the base density of the site in accordance with Chapters 22C.010 and 22C.020 MMC;
(2) Calculate the total number of bonus dwelling units or lots earned by providing the public benefits listed in MMC 22C.090.030;
(3) Add the number of bonus dwelling units or lots earned to the number of dwelling units or lots permitted by the base density;
(4) Round fractional dwelling units or lots down to the nearest whole number; and
(5) On sites with more than one zone or zone density, the maximum density shall be calculated for the site area of each zone. Bonus units or lots may be reallocated within the zone in the same manner set forth for base units or lots in MMC 22C.010.230 and 22C.020.200. (Ord. 3366 § 74 (Exh. VVV), 2025; Ord. 3352 § 77 (Exh. VVV), 2025; Ord. 3074 § 2, 2017; Ord. 2852 § 10 (Exh. A), 2011).
(1) All RDI proposals shall be reviewed concurrently with the underlying land use project as follows:
(a) For the purpose of this section, the underlying land use project is defined as a proposed subdivision or short subdivision, binding site plan, site plan, or conditional use permit review;
(b) When the underlying land use project requires a public hearing, the hearing examiner shall consider and make a consolidated decision on the proposed project and use of RDI;
(c) When the underlying land use project does not require a public hearing, the community development director shall consider and make a consolidated decision on the proposed project and use of RDI;
(d) The community development director may approve revisions to the RDI proposal approved under subsections (1)(b) and (c) of this section, as necessary, consistent with MMC 22G.010.260;
(e) The notice for the underlying land use project shall include a description of the proposed RDI public benefit(s), the project’s density, and the number of bonus units or lots to be earned.
(2) RDI applications that propose to earn bonus units or lots by dedicating real property or public facilities shall include a letter from the applicable receiving agency certifying that the proposed dedication qualifies for the density incentive and will be accepted by the agency or other qualifying organization. The city of Marysville shall also approve all proposals prior to granting density incentives to the project. The proposal must meet the intent of the RDI chapter and be consistent with the city of Marysville comprehensive plan.
(3) The following are required for RDI applications that propose to earn bonus units or lots using green building techniques:
(a) At the time of preliminary land use (subdivision, short subdivision, binding site plan or site plan) application, the applicant shall:
(i) Identify the green building program being used, and the name of the third-party reviewer, if applicable;
(ii) Identify the lots that will use the green building techniques; and
(iii) Provide a completed draft green building program (e.g., Built Green) checklist identifying the green building techniques to be used.
(b) At the time of building permit application, the applicant shall:
(i) Check the “green building” box on the combined building permit application;
(ii) Provide the name of the green building program being used, and the name of the third-party reviewer, if applicable; and
(iii) Provide a completed green building program checklist identifying the green building techniques to be used with each house model.
(c) Within 120 days of final building inspections being granted, or a certificate of occupancy being issued, the applicant shall provide the city with a copy of the green building certification. (Ord. 3366 § 75 (Exh. WWW), 2025; Ord. 3352 § 78 (Exh. WWW), 2025; Ord. 3257 § 5 (Exh. E), 2023; Ord. 3219 § 4 (Exh. D), 2022; Ord. 3074 § 3, 2017; Ord. 2852 § 10 (Exh. A), 2011).
When issuing building permits in an approved RDI development, the department may allow minor adjustments in the approved site plan involving the location or dimensions of buildings or landscaping, provided such adjustments shall not:
(1) Increase the number of dwelling units or lots;
(2) Decrease the amount of perimeter landscaping (if any);
(3) Decrease residential parking facilities (unless the number of dwelling units or lots is decreased);
(4) Locate structures closer to any site boundary line; or
(5) Change the locations of any points of ingress and egress to the site. (Ord. 3366 § 76 (Exh. XXX), 2025; Ord. 3352 § 79 (Exh. XXX), 2025; Ord. 2852 § 10 (Exh. A), 2011).
Timing of RDI public benefit payment, covenant recording, dedication, and/or improvements is specified in the eligible public benefits table, MMC 22C.090.030(6) or (7). Public benefits cannot be deferred or bonded. When extenuating circumstances exist, and on a case-by-case basis, the community development director may provide flexibility for the completion of a public benefit. (Ord. 3219 § 5 (Exh. E), 2022; Ord. 2852 § 10 (Exh. A), 2011).
In the event the approved residential density option is no longer feasible or cannot be achieved prior to final subdivision, short subdivision, binding site plan, or unit lot subdivision being recorded, or prior to issuance of a certificate of occupancy, the project proponent shall be required to choose a new benefit from the benefit options outlined in MMC 22C.090.030(6) in order to achieve the density bonus lot or unit, or the bonus lot or unit shall be forfeited. (Ord. 3366 § 77 (Exh. YYY), 2025; Ord. 3352 § 80 (Exh. YYY), 2025; Ord. 3219 § 6 (Exh. F), 2022).
Nonconforming structures and nonconforming uses, as defined in this chapter, shall be allowed to continue in existence, and to be repaired, maintained, remodeled, expanded and intensified, but only to the extent expressly allowed by the provisions of this chapter. It is the purpose of the city to ultimately have all structures and uses brought into conformity with the land use codes and regulations duly adopted by the city, as the same may be amended from time to time. Nonconforming structures and uses should be phased out or brought into conformity as completely and as speedily as possible with due regard to the special interests and property rights of those concerned. (Ord. 2852 § 10 (Exh. A), 2011).
(1) All nonconformances shall be subject to the provisions of this chapter.
(2) The provisions of this chapter do not supersede or relieve a property owner from compliance with:
(a) The requirements of the International Building and Fire Codes; or
(b) The provisions of this code beyond the specific nonconformance addressed by this chapter. (Ord. 2852 § 10 (Exh. A), 2011).
A nonconforming structure is one which was in compliance with all land use codes and regulations at the time it was constructed, but which violates the bulk or dimensional requirements of the current land use codes and regulations of the city.
(1) Nonconforming structures may be repaired and maintained. The interior of said structures may be restored, remodeled and improved to the extent of not more than 25 percent of the assessed value of the structure in any consecutive period of 12 months.
(2) The exterior dimensions of a nonconforming structure may be enlarged by up to 100 percent of the floor area existing at the effective date of the nonconformance; provided, that the degree of nonconformance shall not be increased, and the then-current bulk and dimensional requirements of the zone in which it is located shall be observed with respect to the new portion of the building.
(3) A nonconforming structure which is voluntarily or accidentally destroyed, demolished or damaged, or allowed to deteriorate, to the extent where restoration costs would exceed 75 percent of the assessed value of the structure, may be restored and rebuilt only if the structure, in its entirety, is brought into conformity with the then-current bulk and dimensional requirements of the zone in which it is located; provided, that a single-family residence or middle housing with nonconforming status in a residential zone may be restored and rebuilt to any extent as long as it does not increase the pre-existing degree of nonconformance; provided, a single-family residence or middle housing with nonconforming status in zones other than residential may be restored and rebuilt to any extent on the original footprint of the structure’s foundation so long as it does not increase the pre-existing degree of nonconformance.
(4) When a structure or a portion thereof is moved to a new location, it must be made to conform to all then-current land use restrictions applicable to the new location.
(5) Nonconforming structures shall not be exempt from compliance with all current codes and regulations relating to storm drainage, landscaping, off-site traffic mitigation and frontage improvements including curbs, gutters and sidewalks. (Ord. 3366 § 78 (Exh. ZZZ), 2025; Ord. 3352 § 81 (Exh. ZZZ), 2025; Ord. 2982 § 1, 2015; Ord. 2852 § 10 (Exh. A), 2011).
A nonconforming use is any use of land or of a structure which was legal at the time of its establishment but which violates the land use provisions of the current codes and regulations of the city, including those relating to zoning districts, density, access and off-street parking.
(1) A nonconforming use loses its status, and must be discontinued, if the structure in which it is located is voluntarily or accidentally destroyed, demolished or damaged, or is allowed to deteriorate, to the extent where restoration costs would exceed 75 percent of the assessed value of the structure. Provided, all nonconforming residential structures which are allowed to be restored and rebuilt, as described in MMC 22C.100.030(3), shall be allowed to continue the residential use thereof.
(2) A nonconforming use cannot be changed to a fundamentally different use unless it is brought into complete conformity with the current codes and regulations. An increase in volume or intensity of a nonconforming use is permissible, however, where the nature and character of the use are unchanged and substantially the same facilities are used. The test is whether the intensified use is different in kind from the nonconforming use in existence at the effective date of the nonconformance.
(3) A nonconforming use may be expanded upon the granting of a conditional use permit as provided in this chapter; provided, that such expansion of a nonconforming use shall not increase the land area devoted to the nonconforming use by more than 150 percent of that in use at the effective date of the nonconformance; provided also, that a conditional use permit shall not be required for enlargement of a single-family residence or middle housing in nonresidential zones subject to the limitations set forth in MMC 22C.100.030(2), or for construction of an accessory structure such as a garage or shed; provided, that the expansion or new structure is sited on the property so as not to preclude conversion of the property to a future, nonresidential use.
(4) A use established in part but not all of a building at the effective date of the nonconformance may expand within said building by up to 100 percent of the pre-existing floor area dedicated to said use upon obtaining a conditional use permit as provided in this chapter. Unlimited expansion within the building shall be permissible upon obtaining a conditional use permit if the original design of the building indicates that it was intended to be ultimately dedicated, in its entirety, to the use in question. (Ord. 3366 § 79 (Exh. AAAA), 2025; Ord. 3352 § 82 (Exh. AAAA), 2025; Ord. 2982 § 2, 2015; Ord. 2852 § 10 (Exh. A), 2011).
(1) Any nonconforming structure which has been unoccupied for a period of 24 consecutive months, or more, shall lose its nonconforming status and shall not be reoccupied unless and until it is brought into conformity with the current bulk and dimensional requirements of the city codes.
(2) If a nonconforming use is discontinued or abandoned for a period of 12 consecutive months or more, the nonconforming status of the use is terminated, and any future use of the land or structure shall be in conformity with the then-current requirements of the city’s land use codes. The mere presence of a structure, equipment or material shall not be deemed to constitute a continuance of a nonconforming use unless the structure, equipment or material is actually being occupied or employed in maintaining such use. (Ord. 2852 § 10 (Exh. A), 2011).
The department shall have authority to grant conditional use permits referred to in this chapter. The procedures used by the department shall comply with Chapter 22G.010 MMC, Article V, Code Compliance and Director Review Procedures. The department shall apply the following criteria:
(1) A nonconforming use or structure should not result in a lack of compatibility with existing and potential uses in the immediate area.
(2) Adverse impacts of a nonconforming use or structure must be mitigated by site design elements such as landscaping, provision for parking, elimination of outside storage, and general visual improvement of the property.
(3) Adequate provisions must be made for public improvements such as sewer, water, drainage, pedestrian circulation and vehicle circulation, both on-site and off-site.
(4) Concerns of adjacent property owners and the general public must be properly considered. (Ord. 2852 § 10 (Exh. A), 2011).
The following provisions authorizing and regulating certain temporary uses are intended to permit temporary uses and structures when consistent with MMC Title 22, Unified Development Code, and when safe and compatible with the general vicinity and adjacent uses. (Ord. 2923 § 4 (Exh. B), 2013).
(1) Except as provided in MMC 22C.110.030, a temporary use permit shall be required for all permitted temporary uses listed in subsection (2) of this section.
(2) The following types of temporary uses, activities and associated structures may be authorized, subject to the specific limitations noted herein and as noted in MMC 22C.110.040 and as may be established by the community development director:
(a) Outdoor art and craft shows and exhibits;
(b) Use associated with the sale of fresh fruits, produce and flowers;
(c) Mobile services such as veterinary services for purposes of giving shots;
(d) Group retail sales such as swap meets, flea markets, parking lot sales, Saturday market, auctions, etc. Automobile sales are not a permitted temporary use;
(e) Use associated with festivals, grand openings or celebrations;
(f) Temporary fundraising and other civic activities in commercial or industrial zoning districts;
(g) When elderly or disabled relatives of the occupant of an existing residence require constant supervision and care, a manufactured home with adequate water and sewer services located adjacent to such residences may be permitted to house the relatives, subject to the following requirements:
(i) The need for such continuous care and assistance shall be attested to in writing by a licensed physician;
(ii) The temporary dwelling shall be occupied by not more than two persons;
(iii) Use as a commercial residence is prohibited;
(iv) The temporary dwelling shall be situated not less than 20 feet from the principal dwelling on the same lot and shall not be located in any required setbacks outlined in this title;
(v) A current vehicular license plate, if applicable, shall be maintained during the period of time the temporary unit is situated on the premises;
(vi) Adequate screening, landscaping or other measures shall be provided to protect surrounding property values and ensure compatibility with the immediate neighborhood;
(vii) An annual building permit or manufactured home permit renewal for the temporary dwelling shall be required, at which time the property owner shall certify, on a form provided by the community development department, to the continuing need for the temporary dwelling and, in writing, agree that such use of the property shall terminate at such time as the need no longer exists;
(h) Watchmen’s or caretaker’s quarters when approved in writing by the community development director. Said caretaker’s quarters must comply with the definition set forth in MMC 22A.020.040 and will require submittal of the following:
(i) A consent letter from the owner and/or proof of ownership of the subject property or structure;
(ii) A letter identifying the business or institution to be served by the caretaker’s quarters, and the purpose of, and need for, the caretaker’s quarters;
(iii) A site plan identifying the location of the structure which will be occupied; and
(iv) A floor plan identifying the area within the structure which will be occupied to ensure that the use will be incidental to the primary business or institutional use of the structure.
(i) Transitory accommodations which comply with the provisions outlined in MMC 22C.110.050;
(j) The community development director may authorize additional temporary uses not listed in this subsection, when it is found that the proposed uses are in compliance with the provisions of this chapter. (Ord. 2979 § 2, 2014; Ord. 2923 § 4 (Exh. B), 2013).
The following activities and structures are exempt from requirements to obtain temporary use approval, but are not exempt from obtaining all other applicable permits outlined in the MMC, including but not limited to building permits, right-of-way permits, special events permits, business licenses, home occupation permits, sign permits, etc.:
(1) Uses subject to the special events provisions of Chapter 5.46 MMC, Special Events, when the use does not exceed a total of 14 days each calendar year, whether at the same location in the city or at different locations;
(2) Community festivals, amusement rides, carnivals, or circuses, when the use does not exceed a total of 14 days each calendar year, whether at the same location in the city or at different locations;
(3) Activities, vendors and booths associated with city of Marysville sponsored or authorized special events such as Home Grown;
(4) Retail sales such as Christmas trees, seasonal retail sale of agricultural or horticultural products. Christmas tree sales are allowed from the Saturday before Thanksgiving Day through Christmas Day only;
(5) Individual booths in an approved temporary use site for group retail identified under MMC 22C.110.020(2)(d);
(6) Fireworks stands, subject to the provisions of Chapter 9.20 MMC, Fireworks;
(7) Garage sales, moving sales, and similar activities for the sale of personal belongings when operated not more than three days in the same week and not more than twice in the same calendar year;
(8) Manufactured homes, residences or travel trailers used for occupancy by supervisory and security personnel on the site of an active construction project;
(9) Contractor’s office, storage yard, and equipment parking and servicing on the site of an active construction project;
(10) Portable units and manufactured homes on school sites or other public facilities when approved by the community development director;
(11) A manufactured home or travel trailer with adequate water and sewer service used as a dwelling while a residential building on the same lot is being constructed or while a damaged residential building is being repaired. The manufactured home or travel trailer shall be removed upon completion of the permanent residential structure construction, when repair is completed, or after one year, whichever occurs first;
(12) Model homes or apartments and related real estate sales and display activities located within the subdivision or residential development to which they pertain. A temporary real estate office may be located in a temporary structure erected on an existing lot within a residential subdivision, if approved by the community development director. If approved, a temporary real estate office shall comply with the following conditions:
(a) The temporary real estate office may be used only for sale activities related to the subdivision in which it is located;
(b) The temporary real estate office shall have an Americans with Disabilities Act (ADA) accessible restroom located in or adjacent to said office;
(c) ADA accessibility shall be provided to the temporary real estate office. General site, accessible routes and building elements shall comply with ICC/ANSI A117.1-2003 or current edition;
(d) The temporary real estate office shall meet all applicable building and fire codes, or shall be immediately removed; and
(e) The temporary real estate office shall be removed immediately upon the sale of the last lot within the subdivision;
(13) Home occupations that comply with Chapter 22C.190 MMC, Home Occupations;
(14) Fundraising car washes. The fundraising coordinator is required to obtain a clean water car wash kit from the Marysville public works department in order to prevent water from entering the public storm sewer system;
(15) Vehicular or motorized catering such as popsicle/ice cream scooters and self-contained lunch wagons which cater to construction sites or manufacturing facilities. Such a use must remain mobile and not be utilized as parking lot sales;
(16) Any permitted temporary use not exceeding a cumulative total of two days each calendar year. (Ord. 2979 § 3, 2014; Ord. 2923 § 4 (Exh. B), 2013).
(1) The community development director, or designee, may authorize temporary uses after consultation and coordination with all other applicable city departments and other agencies and only when all the following determinations can be made:
(a) The temporary use will not impair the normal, safe, and effective operation of a permanent use on the same site.
(b) The temporary use will be compatible with uses in the general vicinity and on adjacent properties.
(c) The temporary use will not significantly impact public health, safety or welfare, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct of uses and activities in the vicinity.
(d) The use and associated structures will be conducted and used in a manner compatible with the surrounding area.
(e) The use shall comply with the goals, policies and standards of MMC Title 22, Unified Development Code.
(2) General Conditions.
(a) A temporary use conducted in a parking facility shall not occupy or remove from availability more than 25 percent of the spaces required for the permanent use.
(b) Each site occupied by a temporary use must provide or have available sufficient parking and vehicular maneuvering area for customers. Such parking need not comply with Chapter 22C.130 MMC, Parking and Loading, but must provide safe and efficient interior circulation and ingress and egress to and from public rights-of-way.
(c) The applicant for a proposed temporary use shall provide any parking/traffic control attendants as specified by the city of Marysville.
(d) The temporary use shall comply with all applicable standards of the Snohomish health district.
(e) No temporary use shall occupy or use public parks in any manner unless specifically approved by the parks department.
(f) The temporary use permit shall be effective for no more than 180 days from the date of the first event or occurrence.
(g) No temporary use shall occupy or operate within the city of Marysville for more than 60 days within any calendar year, unless otherwise restricted in this chapter. The 60 days need not run consecutively. The 60 days may occur at any time within the 180-day term of the temporary use permit as long as each day is designated and approved.
(h) Parking lot sales (excluding automobile sales) shall not exceed a total of 14 days each calendar year. The 14 days need not run consecutively. The 14 days may occur at any time within the 180-day term of the temporary use permit as long as each day is designated and approved.
(i) The temporary use permit shall specify a date upon which the use shall be terminated and removed.
(j) A temporary use permit shall not be granted for the same temporary use on a property more than once per calendar year; provided, that a temporary use permit may be granted for multiple events during the approval period.
(k) All temporary uses shall obtain, prior to occupancy of the site, all applicable city of Marysville permits, licenses and other approvals (i.e., business license, building permit, administrative approvals, etc.).
(l) The applicant for a temporary use shall supply written authorization from the owner of the property on which the temporary use is located.
(m) Each site occupied by a temporary use shall be left free of debris, litter, or other evidence of the temporary use upon completion of removal of the use.
(n) All materials, structures and products related to the temporary use must be removed from the premises between days of operation on the site; provided, that materials, structures and products related to the temporary use may be left on site overnight between consecutive days of operation.
(o) The community development director, or designee, may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include, but are not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirement for screening or enclosure, and guarantees for site restoration and cleanup following temporary uses. (Ord. 2923 § 4 (Exh. B), 2013).
(1) “Transitory accommodations” shall mean tents, sheds, lean-tos, tarps, huts, cabins, trailers or other enclosures which are not permanently attached to the ground, may be easily erected and dismantled, and are intended for temporary occupancy, usually for recreational or humanitarian purposes. Transitory accommodations are permitted provided the community development director determines on a case-by-case basis that such use possesses no characteristics which would adversely impact the community in any way, or that any potentially adverse characteristics can be adequately minimized and/or mitigated so as not to be materially detrimental to the health, safety and welfare of the community. Transitory accommodations can vary widely in their characteristics, which include but are not limited to size of site, surrounding land uses, duration, number of occupants, noise generation, and light and glare emanation. Accordingly, certain types of transitory accommodations may require the imposition of extensive conditions to mitigate potential adverse impacts to the community, while others may not; in some cases, adequate mitigation of impacts may not be feasible, and a proposed transitory accommodation consequently may not be allowed. The community development director shall therefore have the authority to approve, approve with conditions, or deny a permit for a transitory accommodation proposal, after consideration of the performance criteria set forth herein.
(2) Process.
(a) A transitory accommodation permit shall be required prior to the commencement of such a use, unless the community development director determines, after consideration of the performance criteria set forth in this section, that the proposed transitory accommodation possesses no characteristics which might adversely impact the community. The prospective transitory accommodation host (property owner and lessee, if applicable), sponsor and manager shall jointly apply for the transitory accommodation permit and shall be jointly and severally responsible for compliance with all conditions of the permit. “Applicant,” as used in these regulations, shall mean the transitory accommodation host, sponsor and manager. “Proponent,” as used in these regulations, shall mean the prospective host, sponsor and manager prior to submittal of an application for a transitory accommodation permit.
(b) A transitory accommodation permit shall be processed as set forth in Chapter 22G.010 MMC, Article V, Code Compliance and Director Review Procedures. Permit processing fees for a transitory accommodation permit shall be established in MMC 22G.030.020.
(c) The applicant shall identify potential adverse effects of the proposed transitory accommodation on neighboring properties and the community and shall develop measures to mitigate such effects. The applicant shall submit a written transitory accommodations impact mitigation plan with the permit application. The plan shall contain a narrative and drawing(s) that describe, to the satisfaction of the community development director, the measures the applicant will use to mitigate the effects of the transitory accommodation. At a minimum, the plan shall specifically describe the measures that will be implemented to satisfy the approval criteria provided in subsections (3) through (7) of this section, except for criteria specifically waived by the community development director. The plan shall include a code of conduct and the names and phone numbers of all persons comprising the applicant. The form and organization of the mitigation plan shall be as specified by the community development director, but the elements of the plan shall be integrated and bound together. The approved transitory accommodation impact mitigation plan shall be signed by the community development director and the applicant, and implementation, continuing compliance and enforcement of the plan shall be a condition of permit approval.
(d) Advance Discussions with Nearby Child Care Facilities and Schools.
(i) Prior to applying for a transitory accommodation permit, the proponent shall provide written notice to any licensed child care facility and the administration of any public or private elementary, middle, junior high or high school within 600 feet of the boundaries of the proposed transitory accommodations site, and shall seek comments from said child care facility and school administration. The written notice shall be served in a manner prescribed by the city and shall be on a form provided by the city.
(ii) Where no comments are received, or where said child care facility(ies) or the administration and/or governing body of said school(s) is supportive of the proposal, the proponent shall submit a sworn affidavit to this effect with the application.
(iii) Where said child care facility(ies) or the administration of said school(s) registers objections or concerns regarding the proposed transitory accommodations, the proponent shall attempt to resolve such objections or concerns via a negotiated mitigation plan between the proponent and the child care facility(ies) or school(s). Such a plan shall be submitted with the application and shall be incorporated in the conditions of the permit. No agreed mitigation plan may violate any provision of this chapter. Where the negotiations do not result in a mutually agreed upon mitigation plan within 30 days of receipt by the child care facility or school administration of the initial notice from the proponent, but the parties desire to continue to pursue resolution of the issues, the parties may request mediation services from or through the city. In the event the parties cannot reach agreement after a good faith effort for not less than 30 days from receipt by the child care facility or the school administration of the initial notice from the proponent, the proponent may submit an application but shall provide a record of the negotiations between the parties, including but not limited to copies of all correspondence and meeting notes. In evaluating the application against the performance criteria set forth herein, the director shall consider the topic(s) of the unsuccessful negotiations and the extent to which the parties demonstrated good faith in their discussions. “Good faith” in this context shall mean recognition of the legitimacy of, and a willingness to reasonably accommodate, each party’s needs, desires and concerns.
(e) Decisions of the community development director may be appealed. Such appeals shall be heard and decided by the hearing examiner in accordance with procedures set forth in Chapter 22G.060 MMC, Hearing Examiner.
(f) Emergencies. The community development director may waive these requirements for a prescribed period of time when a natural or manmade disaster necessitates the immediate establishment of transitory accommodations.
(g) Failure to Comply. If a transitory accommodation permit has been issued, and the community development director determines that the applicant has violated any condition of that permit, the director shall issue a notice of violation and required compliance in accordance with the procedures set forth in Chapter 4.02 MMC, Enforcement Procedures. Failure to correct the violation after a reasonable time for compliance shall result in revocation of the permit. In such an event all activities associated with the accommodation shall cease immediately and the site shall immediately be vacated and restored to its pre-accommodation condition.
(3) Site Performance Criteria.
(a) Size. The site shall be of sufficient land area to support the activities of the transitory accommodation without overcrowding of occupants, intruding into required setbacks or critical areas, destroying vegetation, eroding soils or otherwise overtaxing the land. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating the location of the proposed transitory accommodation on the host property; its area in square feet; and the proposed distribution of, and allocation of space for, anticipated activities including but not limited to sleeping, eating, socializing, and bathing and other personal functions.
(b) Setbacks from Property Line. All activities of the transitory accommodation shall be set back from adjacent properties a sufficient distance so as not to impinge upon or otherwise unduly influence activities on said adjacent properties. The transitory accommodation shall be positioned on the property in the location that results in the least adverse impact to occupants of neighboring properties. The community development director may require the applicant to change the proposed location of the transitory accommodation to mitigate adverse impacts to occupants of neighboring properties. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating buildings and uses on properties surrounding the proposed transitory accommodation, and the distance the proposed accommodation would be set back from surrounding property lines. A transitory accommodation shall be set back no less than 20 feet from the exterior boundary lines of adjacent properties unless the owners of such properties consent in writing to a reduction or waiver of such setback.
(c) Screening of Activities. Where deemed necessary by the community development director, activities of the transitory accommodation shall be obscured from view from adjacent properties, by a minimum six-foot-high temporary sight-obscuring fence, an existing sight-obscuring fence, existing dense vegetation, an existing topographic difference, distance from exterior property lines, or other means, to the maximum extent feasible.
(d) Parking. Adequate parking for the transitory accommodation shall be provided so as not to reduce parking utilized by existing surrounding uses. Where deemed necessary by the community development director, the applicant shall provide a proposed parking plan which addresses the following:
(i) A description of parking capacity, both on site and on-street, that describes the amount and location of parking prior to the transitory accommodation and any displacement of parking resulting from the transitory accommodation; and
(ii) Any circumstances which may reduce the normal demand for parking, such as off-peak-season use; and/or any mechanisms or strategies to reduce parking demand, such as the provision of shuttle buses for the use of occupants of the transitory accommodations, or the provision of shared parking agreements with adjacent uses.
(e) Critical Areas. All proposed transitory accommodations shall comply with the city’s critical areas regulations as set forth in Chapter 22E.010 MMC, Critical Areas Management. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating the presence and extent of any critical areas.
(f) Restoration of Site. Upon cessation of the temporary accommodation, the site shall be restored, as near as possible, to its original condition. Where deemed necessary by the community development director, the applicant shall re-plant areas in which vegetation had been removed or destroyed.
(4) Duration Performance Criteria.
(a) Length of Time. The proposed transitory accommodations shall be in operation the minimal length of time necessary to achieve the recreational, humanitarian or other objective(s) of the applicant. Where deemed necessary by the community development director, the applicant shall provide a narrative explaining the objective(s) the applicant seeks to achieve, and the amount of time the applicant believes necessary to achieve that objective. However, under no circumstances shall a proposed transitory accommodation be allowed in one location for more than 90 days, either consecutively or cumulatively, during any 12-month period, except that where the ninetieth day falls on a Friday, an additional two days shall be allowed to dismantle and remove the accommodation over the immediately following weekend.
(5) Health and Safety Performance Criteria. Transitory accommodations shall be operated in such a manner as to ensure the health and safety of occupants of the subject and surrounding properties. Accordingly, all transitory accommodations shall comply with the following:
(a) Health Regulations. All applicable city, county and state regulations pertaining to public health shall be met.
(b) Fire Safety. Inspections of the accommodation by the city or Marysville fire district for fire safety purposes may be conducted at any time and without prior notice. Adequate access, as determined by the fire marshal, shall be maintained within and around the accommodation at all times to ensure that emergency vehicles can ingress/egress the site.
(c) Building Code Inspections. Inspections of the accommodation by the city to ensure the public health and safety with regard to structures may be conducted at any time and without prior notice.
(d) Drinking Water and Solid Waste. An adequate supply of potable water shall be available on site at all times. Adequate toilet facilities shall be provided on site, as determined by the public works director. All city, county and state regulations pertaining to drinking water connections and solid waste disposal shall be met.
(e) Trash. Adequate facilities for dealing with trash shall be provided on site. A regular trash patrol or other method of regular maintenance in the immediate vicinity of the site shall be provided.
(6) Conduct and Security Performance Criteria.
(a) Noise. Any transitory accommodation shall comply with city noise regulations as set forth in Chapter 6.76 MMC, Noise Regulation. Where deemed necessary by the community development director, the applicant shall provide a plan to mitigate potential noise impacts.
(b) Light and Glare. Any light fixture which causes direct glare and/or reflections from any point along the property line or toward public rights-of-way in a manner that causes a visual distraction to vehicles, bicycles, or pedestrians, as determined by the director of public works, shall be prohibited. Where deemed necessary by the community development director, the applicant shall provide a plan to mitigate potential light and glare impacts.
(c) Security. Any transitory accommodation shall comply with city regulations regarding lawful behavior as set forth in MMC Title 6, Penal Code. Any transitory accommodation shall provide all required legal access to public areas of the site by the city of Marysville police department and any other relevant law enforcement agency at all times. Additionally, where deemed necessary by the community development director or the police chief, the applicant shall provide for the following:
(i) The applicant shall take all reasonable and legal steps to obtain verifiable identification, such as a valid driver’s license, government-issued identification card, military identification card, or passport, from all prospective and current transitory residents.
(ii) The applicant will use such identification to obtain warrant and sex offender checks from the Snohomish County sheriff’s office or other relevant authority. The anonymity of the requesting party shall be maintained.
(iii) If said check reveals that the subject of the check is a sex offender, required to register with the city, county or state authorities pursuant to RCW 9A.44.130, then the applicant shall immediately reject the subject of the check for residency in the transitory accommodation or eject the subject of the check if that person is currently a resident of the accommodation, and shall immediately notify the Marysville police department of such rejection or ejection.
(iv) If said check reveals that the subject of the check has an existing or outstanding warrant, then the applicant may select either of the following alternative actions:
(A) Immediately reject or eject the subject of the check and immediately notify the Marysville police department of such rejection or ejection; or
(B) Request the Marysville police department to confer with the agency or court of jurisdiction from which the warrant originated to determine whether or not said agency or court desires the warrant to be served. If the originating agency or court desires the warrant to be served, the Marysville police department shall do so immediately. If the originating agency or court declines warrant service, due to the minor nature of the offense for which the warrant was issued or for other reasons, the subject may enter or remain in the transitory accommodation; provided, that the applicant actively assists the subject in resolving the warrant.
(v) The applicant shall keep a log of all individuals who stay overnight in the transitory accommodation, including names and dates. Logs shall be kept for a minimum of six months following the expiration of the transitory accommodation permit and provided to the city upon request.
(vi) The applicant shall provide on-site security, as approved by the community development director in consultation with the city of Marysville police department.
(d) Codes of Conduct. The applicant shall provide and enforce a written code of conduct which mitigates impacts to neighbors and the community. Said code shall be incorporated into the conditions of approval.
(7) Other Performance Criteria.
(a) Indemnification. The applicant shall defend, indemnify, and hold the city, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits of any nature, including attorney fees, due to the acts or omissions of the applicant in connection with the operation of the transitory accommodation.
(b) Liability Insurance. Where deemed necessary by the community development director, the applicant shall procure and maintain in full force, through the duration of the transitory accommodation, comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence/aggregate for personal injury and property damage.
(c) Other Criteria. Where deemed necessary, the community development director may identify other performance criteria, require the applicant to describe the potential impacts of the proposed transitory accommodation with respect to those criteria, and determine if measures are warranted to minimize or otherwise mitigate such impacts. (Ord. 2923 § 4 (Exh. B), 2013).
The city of Marysville recognizes the aesthetic, ecological and economic value of landscaping and requires its use to:
(1) Promote the distinct character and quality of life and development expected by the community as indicated and supported in the policies of the comprehensive plan;
(2) Maintain and protect property values;
(3) Enhance the visual appearance of the city;
(4) Enhance the compatibility of new development with surrounding properties;
(5) Provide visual relief from large expanses of parking areas and reduction of perceived building scale;
(6) Provide physical separation between residential and nonresidential areas;
(7) Provide visual screens and barriers as a transition between differing land uses;
(8) Preserve and enhance Marysville’s urban forest;
(9) Preserve and enhance existing vegetation and significant trees by incorporating them into the site design; and
(10) Reduce storm water runoff pollution, temperature and volume. (Ord. 2852 § 10 (Exh. A), 2011).
All new commercial, industrial, and multiple-family development, substantial improvements, or changes in occupancy shall be subject to the provisions of this chapter. For the purpose of this chapter, a “substantial improvement” means any structural modification, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the modification or addition is started; provided, that specific landscaping provisions for uses established through a conditional use permit shall be determined during the applicable review process. (Ord. 2852 § 10 (Exh. A), 2011).
Landscape plans are not required for houses and duplexes. For all other types of development landscape plans shall:
(1) Be submitted at the time of application for a development permit; and
(2) Include the following elements:
(a) The footprint of all structures;
(b) The final site grading;
(c) All parking areas and driveways;
(d) All sidewalks, pedestrian walkways and other pedestrian areas;
(e) The location, height and materials for all fences and walls;
(f) The common and scientific names of all plant materials used, along with their size at time of planting;
(g) The location of all existing and proposed plant materials on the site;
(h) A proposed irrigation plan; and
(i) Location of all overhead utility and communication lines, location of all driveways and street signs. (Ord. 2852 § 10 (Exh. A), 2011).
All landscaped areas shall be provided with an irrigation system or a readily available water supply with at least one outlet located within 50 feet of all plant material. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Water Conservation Standards.
(a) Applicability. In order to ensure efficient water use in landscaped areas, the following standards shall be applied to all landscaping associated with office, commercial, industrial, institutional, parks and greenways, multiple-family residential projects, and commonly owned and/or maintained areas of single-family residential or middle housing projects.
(b) Exemptions. These standards do not apply to landscaping in private areas of single-family or middle housing projects. Parks, playgrounds, sports fields, golf courses, schools, and cemeteries are exempt from specified turf area limitations where a functional need for turf is established. All other requirements are applicable.
(c) Plant Selection and Use Limitation.
(i) Turf, high-water-use plantings (e.g., annuals, container plants) and water features (e.g., fountains, pools) shall be considered high-water uses and shall be limited to not more than 40 percent of the project’s landscaped area if nondrought resistant grass is used, and no more than 50 percent of the landscaped area if drought resistant grass is used.
(ii) Plants selected in all areas not identified for turf or high-water-use plantings shall be well suited to the climate, soils, and topographic conditions of the site, and shall be low-water-use plants once established.
(iii) Plants having similar water use shall be grouped together in distinct hydrozones and shall be irrigated with separate irrigation circuits.
(iv) No turf or high-water-use plants shall be allowed on slopes exceeding 25 percent, except where other project water saving techniques can compensate for the increased runoff, and where the need for such slope planting is demonstrated.
(v) No turf or high-water-use plants shall be allowed in areas five feet wide or less except public right-of-way planter strips.
(d) Newly landscaped areas should have soils amended with either four inches of appropriate organic material with the first two-inch layer tilled into existing soils, or as called for in a soil amendment plan for the landscape.
(e) Newly landscaped areas, except turf, should be covered and maintained with at least two inches of organic mulch to minimize evaporation.
(f) Irrigated turf on slopes with finished grades in excess of 33 percent is discouraged.
(g) Retention of existing trees and associated understory vegetation is encouraged to reduce impacts to the storm water system and to reduce water use.
(2) Water Efficient Landscape (Xeriscape) Standards.
(a) As an alternative to traditional landscaping, the city encourages the use of xeriscape practices, which minimize the need for watering or irrigation. Xeriscape principles can be summarized as follows:
(i) Using plants with low moisture requirements;
(ii) Selecting plants for specific site microclimates that vary according to slope, aspect, soil, and exposure to sun and moisture;
(iii) Using native, noninvasive, adapted plant species;
(iv) Minimizing the amount of irrigated turf;
(v) Planting and designing slopes to minimize storm water runoff;
(vi) Use of separate irrigation zones adjusted to plant water requirements and use of drip or trickle irrigation systems;
(vii) Using mulch in planted areas to control weeds, cool the soil and reduce evaporation; and
(viii) Emphasizing soil improvement, such as deep tilling, adding organic matter and other amendments based on soil tests.
(b) Appropriate Plant Species. Trees and plants used in xeriscape plantings pursuant to this section shall:
(i) Be appropriate for the ecological setting in which they are to be planted;
(ii) Have noninvasive growth habits;
(iii) Encourage low maintenance and sustainable landscape design;
(iv) Be commercially available;
(v) Not be plant material that was collected in the wild; and
(vi) Be consistent with the purpose and intent of this section.
(c) Native Vegetation. Within xeriscape areas, a minimum of 50 percent native plants shall be used.
(d) Prohibited Species. The city shall maintain a list of prohibited species, which are invasive or noxious. Where such species already exist, their removal shall be a condition of development approval.
(e) Additional Planting Standards.
(i) For xeriscape areas, soil samples shall be analyzed to determine what soil conditioning or soil amendments should be used at the time of planting. Soil conditioning measures shall be adequate for the plant species selected.
(ii) Trees, shrubs, perennials, perennial grasses and ground covers shall be located and spaced to accommodate their mature size on the site.
(f) Plant Replacement. The developer shall maintain xeriscape plantings for a two-year period from the date of planting. Within the two-year period, the developer shall replace or otherwise guarantee any failed plantings:
(i) Dead or dying trees or shrubs shall be replaced; and
(ii) Plantings or perennials, perennial grasses or ground covers shall be replanted to maintain a maximum 20 percent mortality rate from the date of planting.
(3) Storm Water. Applicants are encouraged to incorporate landscaping into the on-site storm water treatment system to the greatest extent practicable. (Ord. 3366 § 80 (Exh. BBBB), 2025; Ord. 3352 § 83 (Exh. BBBB), 2025; Ord. 2852 § 10 (Exh. A), 2011).
(1) All required landscaping shall be in place before certificates of occupancy are issued. If, due to weather conditions, it is not feasible to install required landscape improvements, a temporary certificate of occupancy may be issued after a performance bond, irrevocable letter of credit, or assignment of cash deposit has been posted in accordance with Chapter 22G.040 MMC. Upon completion of the landscape improvements, the bond or device is released and a permanent certificate of occupancy issued; except a maintenance bond, irrevocable letter of credit, or assignment of cash deposit in accordance with Chapter 22G.040 MMC shall be required for a minimum duration of two growing seasons (March through October), as prescribed in subsection (2) of this section.
(2) A certificate of occupancy may be issued only after a maintenance bond, irrevocable letter of credit, or assignment of cash deposit has been posted in accordance with Chapter 22G.040 MMC. This bond, irrevocable letter of credit, or assignment of cash deposit shall be held for a minimum duration of two growing seasons (March through October) to assure the full establishment of all plantings. After two growing seasons, if the plantings are fully established, the maintenance bond, irrevocable letter of credit, or assignment of cash deposit is released. If the plantings have not been fully established, the bond, irrevocable letter of credit, or assignment of cash deposit shall be held for one additional growing season, then released or used to re-establish the plantings, whichever is appropriate.
(3) Projects requiring minor landscaping improvements, as determined by the community development director, shall submit a maintenance bond, irrevocable letter or credit, or assignment of cash deposit in an amount equal to the current cost of the landscaping work, for a minimum duration of one year. (Ord. 2852 § 10 (Exh. A), 2011).
Berms and walls for noise screening may be required by the hearing examiner or community development director in accordance with recommendations from a qualified sound consultant. (Ord. 2852 § 10 (Exh. A), 2011).
Where a site has substantial numbers of native trees, site development shall be sensitive to the preservation of such vegetation, including the root zone. Prior to any site work, any trees which have been identified for preservation shall be fenced at their driplines. (Ord. 2852 § 10 (Exh. A), 2011).
Residential structures within a project shall be buffered from commercial structures and adjoining parking lots by use of vegetation, landscaping, fencing, walls, berms or other similar methods which are deemed under the circumstances to create effective and aesthetically pleasing screens or buffers between such diverse land uses. (Ord. 2852 § 10 (Exh. A), 2011).
Except where specifically prohibited by the hearing examiner, the community development department, concurrently with action on the final site plan, may waive or modify landscaping requirements abutting residentially designated property where abutting residential uses will not be adversely affected, and where existing physical improvements, physiographic features or imminent changes in abutting land uses will render full compliance with said requirements ineffective. If said requirements are waived, or width of the buffer reduced, the community development department shall establish the minimum side and rear yard building setbacks from residentially designated property. (Ord. 2852 § 10 (Exh. A), 2011).
The following five basic types of landscaping are hereby established and are used as the basis for requirements set forth in Table 1 in MMC 22C.120.120.
(1) L1 – Opaque Screen. A screen that is opaque from the ground to a height of at least six feet, with intermittent visual obstructions from the opaque portion to a height of at least 20 feet. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of spatial separation. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis on the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than 10 feet wide. The portion of intermittent visual obstructions may contain deciduous plants. Suggested planting patterns that will achieve this standard are included in administrative guidelines prepared by the community development department.
(2) L2 – Semi-Opaque Screen. A screen that is opaque from the ground to a height of three feet, with intermittent visual obstruction from above the opaque portion to a height of at least 20 feet. The semi-opaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than 10 feet wide. The zone of intermittent visual obstruction may contain deciduous plants. Suggested planting patterns which will achieve this standard are included in administrative guidelines prepared by the community development department.
(3) L3 – Broken Screen. A screen composed of intermittent visual obstructions from the ground to a height of at least 20 feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The screen may contain deciduous plants. Suggested planting patterns which will achieve this standard are included in administrative guidelines prepared by the community development department.
(4) L4 – Parking Area Landscaping. Landscaping that provides shade and visual relief while maintaining clear sight lines within parking areas. Planting areas should contain a mixture of evergreen and deciduous trees, shrubs and ground cover in planting islands or strips having an area of at least 75 square feet and narrow dimension of no less than five feet. Suggested planting patterns which will achieve this standard are included in administrative guidelines prepared by the community development department.
(5) L5 – Retention/Detention Pond Landscaping. Landscaping that provides visual relief through a reduction in sight lines visible from a public right-of-way. Landscaping shall include all visible perimeter areas including side slopes and benches visible from said right-of-way. Planting areas must be a minimum of five feet in width along adjacent right-of-way and may incorporate no more than 30 percent deciduous plantings due to maintenance and pond performance constraints. Landscaped areas shall be on the exterior of any walls or fences; provided, that this requirement shall not apply to side slopes or benches within the fenced area. Suggested planting patterns that will achieve this standard are included in administrative guidelines prepared by the community development department.
The screening and landscaping requirements set forth in this section may be interpreted with some flexibility by the community development director in the enforcement of the standards. It is recognized that because of the wide variety of developments and the relationships between them, it is neither possible nor prudent to establish inflexible screening requirements. Therefore, minor administrative deviations may be granted to allow less intensive screening, or requirements for more intensive screening may be imposed, whenever such deviations are more likely to satisfy the intent of this section. (Ord. 2852 § 10 (Exh. A), 2011).
Proposed Use | Adjacent Use | Width of Buffer | Type of Buffer |
|---|---|---|---|
Commercial | Property designated single-family by the Marysville comprehensive plan | 20 feet | L1 (1) |
Commercial | Property designated multiple-family by the Marysville comprehensive plan | 10 feet | L2 (1) |
Commercial, industrial, multifamily and business park parking areas and drive aisles | Public right-of-way and private access roads 30 feet wide or greater | 10 feet | L3 |
Commercial, industrial, multifamily and business park parking areas and drive aisles | Public arterial right-of-way | 15 feet | L3 |
Residential | SR 9 | See MMC 22C.120.150 | |
Industrial and business parks | Property designated residential by the Marysville comprehensive plan | 25 feet | L1 |
Industrial, commercial and business park building and parking areas | I-5 or SR 9 right-of-way | 15 feet | L2 |
Apartment, townhouse, or group residence (excluding middle housing) | Property designated single-family by the Marysville comprehensive plan | 10 feet | L1 (1) |
Storm water management facility |
| 5 feet | L5 (3) |
Outside storage or waste area or above ground utility boxes |
| 5 feet | L1 (2) |
WCF and/or base station not in ROW | Property designated residential by the Marysville comprehensive plan or on property designated residential by the comprehensive plan | 10 feet | L1 (1) |
(1) Plus a six-foot sight-obscuring fence or wall.
(2) Screening and impact abatement shall be provided in accordance with MMC 22C.120.160.
(3) Screening of storm water facilities shall comply with the following design standards:
(a) All sides visible from a public right-of-way shall be screened;
(b) All sides located adjacent to a residentially zoned property shall be screened, unless it can be demonstrated that adequate screening exists;
(c) Screening shall be consistent with the Marysville administrative landscaping guidelines; and
(d) Dual use retention/detention facilities designed with emphasis as a recreation area, not a storm water control structure, are exempt from the screening requirements.
(Ord. 3366 § 81 (Exh. CCCC), 2025; Ord. 3352 § 84 (Exh. CCCC), 2025; Ord. 2852 § 10 (Exh. A), 2011).
(1) Parking areas or outdoor storage areas fronting on a street right-of-way shall provide a landscaped buffer, in accordance with MMC 22C.120.120, Table 1, along the entire street frontage except for driveways; provided, that the plantings shall not obstruct the sight distance at street intersections.
(2) Additional plantings may be placed on street rights-of-way behind the sidewalk line if the property owner provides the city with a written release of liability for damages which may be incurred to the planting area from any public use or right-of-way.
(3) Planted areas next to pedestrian walkways and sidewalks shall be maintained or plant material chosen to maintain a clear zone between three and eight feet from ground level.
(4) Landscape plant material size, variety, color and texture within parking lots should be integrated with the overall site landscape design.
(5) Ten percent of the parking area, in addition to the required buffers above, shall be landscaped with Type L4 landscaping; provided, that:
(a) No parking stall shall be located more than 45 feet from a landscaped area;
(b) All landscaping must be located between parking stalls, between rows of stalls, or at the end of parking columns. The use of strips or islands as bioretention swales or cells is encouraged, subject to approval by the city engineer. No landscaping which occurs between the parking lot and a building or recreation area shall be considered in the satisfaction of these requirements;
(c) All individual planting areas within parking lots shall be planted with at least one tree, be a minimum of five feet in width and 120 square feet in size, and, in addition to the required trees, shall be planted with a living ground cover;
(d) Parking lots containing less than 20 parking spaces need provide only perimeter screening to satisfy the 10 percent area requirements;
(e) All landscaped areas shall be protected from vehicle damage by a six-inch protective curbing. Wheel stops may be substituted when required to allow storm water to pass;
(f) A minimum two-foot setback shall be provided for all trees and shrubs where vehicles overhang into planted areas;
(g) The landscaping requirements of this section may be modified if a development is located in an area where a special streetscape plan has been approved by the city. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. To provide consistent street frontage character within the street right-of-way. The street tree standards also maintain and add to Marysville’s tree canopy and enhance the overall appearance of commercial and neighborhood development. Trees are an integral aspect of the Marysville landscape and add to the livability of Marysville. They provide aesthetic and economic value to property owners and the community.
(2) Street Tree Implementation.
(a) Street trees are required along all city streets and access easements.
(b) Street trees shall be planted between the curb and the walking path of the sidewalk. Either five-foot by five-foot pits with tree grates or a continuous planting strip with ground cover that is at least five feet wide may be used. Where planting strips are not incorporated into the street design, street trees shall be located behind the sidewalk.
(c) Species of street trees shall be selected from the list of appropriate street trees outlined in the administrative landscaping guidelines, prepared by the community development director. Species of street trees not outlined in the administrative landscaping guidelines shall be approved by the community development director.
(d) Street trees shall meet the most recent ANSI standards for a one-and-one-half-inch caliper tree at the time of planting and shall be spaced in order to provide a continuous canopy coverage within 10 years of planting.
(e) Street tree plantings shall consider the location of existing utilities, lighting and existing and proposed signs.
(f) If overhead power lines are present, street trees shall be limited to a mature height of 25 feet to avoid conflict with utility lines and maintenance crews.
(g) If a street has a uniform planting of street trees or a distinctive species within the right-of-way, then new street trees should match the planting pattern and species.
(h) Landscape areas between the curb and sidewalk shall be maintained or plant material chosen to maintain a clear view zone between three and eight feet from ground level.
(3) Where the community development director determines that it is not feasible and/or desirable to plant the required street trees, the applicant shall pay into the city tree fund an amount of money approximating the current market value of the trees, as well as labor costs for installation of said trees, that would otherwise be required. The city shall use the city tree fund for the purpose of acquiring, maintaining, and preserving wooded areas, and for planting and maintaining trees within the city.
(4) Maintenance. Street trees and other landscaping shall be maintained and irrigated by the adjacent property owner, unless otherwise approved by the community development department. (Ord. 2852 § 10 (Exh. A), 2011).
All residential zoned properties adjacent to Highway 9 shall integrate one of the following options along the property line abutting Highway 9:
(1) Option 1 – 10-Foot-Wide Landscape Buffer with Fence. The following standards apply:
(a) Landscaping shall be placed between the fence and SR 9 to form a dense screen. The following standards apply:
(i) Property owners are encouraged to retain existing native and noninvasive vegetation to incorporate into the screen. Credit will be given for existing trees and shrubs depending on their size and screening (with regard to the amount of additional trees and shrubs that are needed).

Buffer options emphasize landscaping elements over fencing
(ii) The landscaping plan shall be prepared by a licensed landscape architect or Washington-certified professional horticulturalist.
(iii) Evergreen Trees. At least one row of evergreen trees shall be planted, minimum eight feet in height and 10 feet maximum separation at time of planting. Permitted evergreen tree species are those with the ability to develop a minimum branching width of eight feet within five years. Multiple tree species shall be integrated into the buffer design to promote long-term health and provide visual interest.
(iv) Deciduous Trees. Projects shall incorporate deciduous trees (vine maples are a desirable example) into the buffer to add seasonal variety and interest. Deciduous trees shall have a caliper of at least one inch at the time of planting.
(v) Shrubs shall be planted at a rate of one shrub per 20 square feet of landscaped area. At least 50 percent of the shrubs shall be evergreen. At least 25 percent of the shrubs should be deciduous to provide seasonal interest. Shrubs shall be at least 16 inches tall at planting and have a mature height between three and four feet.
(vi) Ground cover shall be planted and spaced to result in total coverage of the required landscape area within three years as follows:
(A) Four inch pots at 18 inches on center.
(B) One-gallon or greater sized containers at 24 inches on center.
(vii) New landscaping materials shall consist of drought-tolerant species that are native to the coastal region of the Pacific Northwest or noninvasive naturalized species that have adapted to the climatic conditions of the coastal region of the Pacific Northwest.
(viii) Maintenance. A two-year performance bond, irrevocable letter of credit, or assignment of cash deposit shall be posted, in accordance with Chapter 22G.040 MMC, at the time of installation, to ensure the plants live and are maintained through two growing seasons.
(b) Fence Standards.
(i) The fence shall be eight feet high and constructed with durable materials.
(ii) All razor wire, barbed wire, electric wire, or chain-link fences are prohibited.
(iii) The fence shall be broken up to add variety in one of the following ways:
(A) A masonry column/post shall be incorporated along the fence every 64 feet. The column shall be one foot taller than the rest of the fence and a minimum of one foot wide.
(B) A five-foot-deep and 15-foot-wide setback shall be incorporated in the fence every 60 feet.

Fence option with masonry columns

Fence option with five-foot by 15-foot
bump-outs
(2) Option 2 – 20-Foot-Wide Landscaping Buffer. The following standards apply:
(a) A dense vegetated screen shall be provided according to the following standards:
(i) Property owners are encouraged to retain existing native and noninvasive vegetation to incorporate into the screen. Credit will be given for existing trees and shrubs depending on their size and screening (with regard to the amount of additional trees and shrubs that are needed).
(ii) The landscaping plan shall be prepared by a licensed landscape architect or Washington-certified professional horticulturalist.
(iii) A minimum of one evergreen tree at least eight feet tall at the time of planting for every 150 square feet arranged in a manner to obstruct views into the property. Permitted evergreen tree species are those with the ability to develop a minimum branching width of eight feet within five years. Multiple tree species shall be integrated into the buffer design to promote long-term health and provide visual interest.
(iv) Deciduous Trees. Projects shall incorporate deciduous trees (vine maples are a desirable example) into the buffer to add seasonal variety and interest. Deciduous trees shall have a caliper of at least one inch at the time of planting.

20-foot landscape buffer
(v) Shrubs shall be planted at a rate of one shrub per 20 square feet of landscaped area. At least 50 percent of the shrubs shall be evergreen. At least 25 percent of the shrubs should be deciduous to provide seasonal interest. Shrubs shall be at least 16 inches tall at planting and have a mature height between three and four feet.
(vi) Ground cover shall be planted and spaced to result in total coverage of the required landscape area within three years as follows:
(A) Four-inch pots at 18 inches on center.
(B) One-gallon or greater sized containers at 24 inches on center.
(vii) New landscaping materials shall include drought-tolerant species native to the coastal region of the Pacific Northwest or noninvasive drought-tolerant naturalized species that have adapted to the climatic conditions of the coastal region of the Pacific Northwest.
(viii) Maintenance. A two-year performance bond, irrevocable letter of credit, or assignment of cash deposit shall be posted, in accordance with Chapter 22G.040 MMC, at the time of installation, to ensure the plants live and are maintained through two growing seasons.
(b) Fences are optional, but may not be placed within the landscape buffer.
(3) Exceptions. Exceptions to these screening standards may be made if the city finds the recommended alternative meets long-term screening objectives. Specifically:
(a) The developer/owner may make arrangements with WSDOT to have a portion of the required buffer on WSDOT property (provided at least 10 feet of landscape buffer are retained on private property). The owner remains responsible for maintenance and irrigation of the entire buffer, even portions on WSDOT property.
(b) Under some circumstances, it may be desirable to leave portions of the highway unscreened. With city approval, the required trees may be grouped to provide views of desired amenities, such as parks or mountains.
(c) Other alternative screening methods will be considered by the city if the method provides a viable long-term option to effectively screen the highway from development and add visual interest from the highway corridor. (Ord. 2852 § 10 (Exh. A), 2011).
Screening and impact abatement is required where necessary to reduce the impact of service, storage, loading and trash areas.
(1) All garbage collection, dumpsters, recycling areas, loading and outdoor storage or activity areas (including but not limited to areas used to store raw materials, finished and partially finished products and wastes) shall be screened from view of persons on adjacent properties and properties that are located across a street or alley. Screening may be accomplished by any one of the following techniques or their equivalent:
(a) A five-foot-wide L1 visual screen;
(b) A six-foot-high solid masonry wall or sight-obscuring fence five feet inside the property line with an L2 buffer between the fence and the property line; and
(c) Storage areas are not allowed within 15 feet of a street lot line. (Ord. 2852 § 10 (Exh. A), 2011).
All landscaped and lawn areas, except areas within the dripline of preserved trees, shall be amended per the specification of the post-construction soil quality and depth BMP in the Stormwater Manual adopted in MMC 14.15.050. Deeper soil amendment will provide improved growing medium and increased water holding capacity. (Ord. 3218 § 3 (Exh. C), 2022; Ord. 3035 § 8 (Exh. H), 2016; Ord. 2852 § 10 (Exh. A), 2011).
(1) All landscaped areas and plants required by this chapter must be permanently maintained in a healthy growing condition in order to accomplish the purpose for which they were required.
(2) Dead or diseased plants must be replaced within 30 days of notification, or as soon as practical in regard to freezing weather, or complex situations involving the removal and replacement of large trees.
(3) All landscaped areas must be kept free of debris and weeds.
(4) Plant material must not interfere with public utilities, restrict pedestrian or vehicular access, or constitute a traffic hazard.
(5) Planted areas next to pedestrian walkways and sidewalks shall be maintained or plant material chosen to maintain a clear zone between three and eight feet from ground level.
(6) The owners, their agents and assigns are responsible for providing, protecting, and maintaining all landscaping material in a healthy and growing condition, replacing it when necessary, and keeping it free of refuse and debris.
(7) All fencing, walls and other features used for screening purposes shall be kept free of litter, debris, and weeds. (Ord. 2852 § 10 (Exh. A), 2011).
The following alternative landscape options may be allowed only if they accomplish equal or better levels of screening and are subject to city approval:
(1) When the total area for required landscaping, and that within the dripline of retained trees, exceeds 15 percent of the area of the site, the landscaping requirement may be reduced so that the total required landscape and tree retention area will not exceed 15 percent of site area;
(2) The width of the perimeter landscape strip may be reduced up to 25 percent along any portion where:
(a) Berms at least three feet in height or architectural barriers at least six feet in height are incorporated into the landscape design; and
(b) The landscape materials are incorporated elsewhere on-site;
(3) When an existing structure precludes installation of the total amount of required site perimeter landscaping, such landscaping material shall be incorporated on another portion of the site;
(4) The width of any required perimeter landscaping may be averaged, provided the minimum width is not less than five feet;
(5) The width of the perimeter landscaping may be reduced up to 10 percent when a development retains 10 percent of significant trees or 10 significant trees per acre on site, whichever is greater;
(6) The landscaping requirement may be modified when existing conditions on or adjacent to the site, such as significant topographic differences, vegetation, structures or utilities, would render application of this chapter ineffective or result in scenic view obstruction;
(7) Street perimeter landscaping may be waived provided a site plan is approved that provides a significant amount of street trees and other pedestrian-related amenities. (Ord. 2852 § 10 (Exh. A), 2011).
This chapter establishes the standards for the amount, location and development of off-street motor vehicle parking, standards for bicycle parking and standards for on-site loading areas. Other titles of the city code may regulate other aspects of parking and loading. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Where the Standards Apply. Every building hereafter constructed, reconstructed, expanded or occupied, or use of property hereafter established or modified, shall be provided with off-street parking as provided in this chapter, and such parking areas shall be made permanently available and maintained for parking purposes. No building permit shall be issued until plans showing provisions for the required off-street parking have been submitted and approved as conforming to the standards of this chapter.
(2) Occupancy. All required parking areas must be completed and landscaped prior to occupancy of any structure.
(3) Calculations of Amounts of Required and Allowed Parking.
(a) When computing parking spaces based on floor area, floor area dedicated for parking is not counted.
(b) The number of parking spaces is computed based on the uses on the site. When there is more than one use on a site, the required or allowed parking for the site is the sum of the required or allowed parking for the individual uses. Parking for shopping centers shall be calculated in accordance with MMC 22C.130.030, Table 1: Minimum Required Parking Spaces. For joint parking, see MMC 22C.130.030(2)(d).
(4) Use of Required Parking Spaces. Required parking spaces must be available for the use of residents, customers or employees for the use. Required parking spaces may not be assigned in any way to a use on another site, except for joint parking situations. Required parking spaces must be made available to employees; they cannot be restricted only to customers. Also, required parking spaces may not be used for the parking of equipment or storage of goods or inoperable vehicles.
(5) Proximity of Parking to Use.
(a) Parking for single-family, middle housing, and townhouses shall be provided on the same lot as the dwelling unit it is required to serve; provided, that parking in unit lot subdivisions may be provided on a different unit lot than the dwelling units if the right to use the parking is formalized by an easement recorded with the county.
(b) Parking for multiple-family dwellings shall be not over 100 feet from the building it serves.
(c) Parking for uses not specified above shall not be over 500 feet from the building it serves.
(d) All off-street parking spaces for nonresidential uses shall be located on land zoned in a manner which would allow the particular use the parking will serve.
(e) If the parking for a building or use is located on a lot other than the lot upon which the use for which the parking is required is located, the owner of the lot containing the parking shall execute a covenant in a form acceptable to the city attorney, stating that the lot is devoted in whole or in part to required parking for the use on another lot. The owner of the property upon which the main use is located shall record this covenant with the Snohomish County auditor’s office to run with the properties on which both the principal use and the off-street parking are located. The owner shall provide a copy of the recorded covenant to the community development department.
(6) Stacked Parking. Stacked or valet parking is allowed if an attendant is present to move vehicles. If stacked parking is used for required parking spaces, some form of guarantee must be filed with the city ensuring that an attendant will always be present when the lot is in operation. All parking and loading area development standards continue to apply for stacked parking.
(7) Ingress and Egress Provisions. Curb cuts and access restrictions are regulated by the Marysville engineering design and development standards (EDDS). Access driveways for parking areas shall be located so as to cause the least possible conflict with vehicular and pedestrian traffic on public rights-of-way. The public works director shall have authority to fix the location, width and manner of approach of vehicular ingress or egress from a building or parking area to a public street and to alter existing ingress and egress as may be required to control traffic in the interest of public safety and general welfare. The city engineer may require joint use of driveways by more than one property. (Ord. 3366 § 82 (Exh. DDDD), 2025; Ord. 3352 § 85 (Exh. DDDD), 2025; Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. The purpose of required parking spaces is to provide enough parking to accommodate the majority of traffic generated by the range of uses which might locate at the site over time. As provided in subsection (2)(e) of this section, bicycle parking may be substituted for some required parking on a site to encourage transit use and bicycling by employees and visitors to the site. The required parking numbers correspond to specific land use categories. Provision of carpool parking, and locating it closest to the building entrance, will encourage carpool use.
(2) Minimum Number of Parking Spaces Required.
(a) The minimum number of parking spaces for all zones and use categories is stated in Table 1.
(b) If the parking formula used to determine parking requirements results in a fractional number greater than or equal to one-half, the proponent shall provide parking equal to the next highest whole number.
(c) Changes in Occupancy. Whenever the occupancy classification of a building is changed, the minimum standards for off-street parking for the new occupancy classification shall be applicable; provided, that if the existing occupancy had established a legal nonconforming status with respect to off-street parking requirements, no additional off-street parking shall be required for the new occupancy unless said new occupancy is in a classification requiring more parking than that which would have been required for the existing occupancy if it had been subject to the provisions of this chapter. If strict application of this section is not feasible due to existing site conditions such as building or parcel size, shape or layout, a variance may be granted by the community development director.
(d) Joint Use Parking. Joint use of required parking spaces may occur where two or more uses on the same or separate sites are able to share the same parking spaces because their parking demands occur at different times. Joint use of required nonresidential parking spaces is allowed if the following documentation is submitted in writing to the community development department as part of a building or land use permit application, and approved by the community development director:
(i) The names and addresses of the uses and of the owners or tenants that are sharing the parking;
(ii) The location and number of parking spaces that are being shared;
(iii) An analysis showing that the peak parking times for the uses occur at different times and that the parking area will be large enough for the anticipated demands of both uses; and
(iv) A legal instrument such as an easement or deed restriction that guarantees access to the parking for both uses.
The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 500 feet of such parking facilities.
(e) Bicycle parking may substitute for up to 10 percent of required parking. For every five nonrequired bicycle parking spaces that meet the bicycle parking standards in MMC 22C.130.060, the motor vehicle parking requirement is reduced by one space. Existing parking may be converted to take advantage of this provision.
(f) The off-street parking and loading requirements of this chapter do not apply retroactively to established uses; however:
(i) The site to which a building is relocated must provide the required spaces; and
(ii) A person increasing the floor area, or other measure of off-street parking and loading requirements, by addition or alteration, must provide spaces as required for the increase, unless the requirement under this subsection is five spaces or fewer.
(g) Reduction of Required Spaces When Effective Alternatives to Automobile Access Are Proposed. Upon demonstration to the hearing examiner that effective alternatives to automobile access are proposed to be implemented, the examiner may reduce by not more than 40 percent the parking requirements otherwise prescribed for any use or combination of uses on the same or adjoining sites, to an extent commensurate with the permanence, effectiveness, and demonstrated reduction in off-street parking demand achieved by such alternative programs. Alternative programs which may be considered by the examiner under this provision include, but are not limited to, the following:
(i) Private vanpool operation;
(ii) Transit/vanpool fare subsidy;
(iii) Imposition of a charge for parking;
(iv) Provision of subscription bus services;
(v) Flexible work-hour schedule;
(vi) Capital improvement for transit services;
(vii) Preferential parking for carpools/vanpools;
(viii) Participation in the ride-matching program;
(ix) Reduction of parking fees for carpools and vanpools;
(x) Establishment of a transportation coordinator position to implement carpool, vanpool, and transit programs; or
(xi) Bicycle parking facilities.
(h) Uses Not Mentioned. In the case of a use not specifically mentioned in Table 1: Minimum Required Parking Spaces, the requirements for off-street parking shall be determined by the community development director. If there are comparable uses, the community development director’s determination shall be based on the requirements for the most comparable use(s). Where, in the judgment of the community development director, none of the uses in Table 1: Minimum Required Parking Spaces are comparable, the community development director may base his or her determination as to the amount of parking required for the proposed use on detailed information provided by the applicant. The information required may include, but not be limited to, a description of the physical structure(s), identification of potential users, and analysis of likely parking demand.
(3) Carpool Parking. For office, industrial, and institutional uses where there are more than 20 parking spaces on the site, the following standards must be met:
(a) Five spaces or five percent of the parking spaces on site, whichever is less, must be reserved for carpool use before 9:00 a.m. on weekdays. More spaces may be reserved, but they are not required.
(b) The spaces will be those closest to the building entrance or elevator, but not closer than the spaces for disabled parking and those signed for exclusive customer use.
(c) Signs must be posted indicating these spaces are reserved for carpool use before 9:00 a.m. on weekdays.
(4) Electric Vehicle Parking. Electric vehicle charging capability is required for all new buildings that provide on-site parking in accordance with RCW 19.27.540.
LAND USE | MINIMUM REQUIRED SPACES |
|---|---|
RESIDENTIAL USES | |
Single-family dwellings, townhouses (excluding middle housing), and mobile homes | 2 per dwelling unit for residents plus 1 additional guest parking space per dwelling unit. Exception: parking for mobile home in mobile/manufactured home parks is subject to MMC 22C.230.070(7). |
Middle housing and accessory dwelling units within 1/2 mile walking distance of a major transit stop | 0 per dwelling unit (before any zero lot line subdivisions or lot splits). |
Middle housing units on lots equal to or under 6,000 square feet, and accessory dwelling units | 1 per dwelling unit (before any zero lot line subdivisions or lot splits). Easements or deed restrictions must be provided, as necessary, to ensure continued use of the parking space(s) for the respective unit after any lot splits. |
Middle housing (excluding accessory dwelling units) on lots over 6,000 square feet | 2 per dwelling unit (before any zero lot line subdivisions or lot splits). Easements or deed restrictions must be provided, as necessary, to ensure continued use of the parking space(s) for the respective unit after any lot splits. |
Studio apartments | 1.25 per dwelling unit |
Multiple-family dwellings, 1 bedroom (does not apply to middle housing) | 1.5 per dwelling unit |
Multiple-family dwellings, 2 or more bedrooms (does not apply to middle housing) | 1.75 per dwelling unit |
Retirement housing and apartments | 1 per dwelling |
Mobile home parks | 2 per unit, plus guest parking at 1 per 4 lots |
Rooming houses, similar uses | 1 per dwelling |
Bed and breakfast accommodations | 1 space for each room for rent, plus 2 spaces for the principal residential use |
Emergency housing, emergency shelters – indoor, transitional housing facilities and permanent supportive housing | As determined by the community development director with no less than a minimum of 1 per 2 employees plus 1 per 5 residents (3 spaces minimum) |
Housing located within 1/4 mile of a transit stop | As specified in RCW 36.70A.620; provided, that middle housing is subject to the alternate standards noted above. |
RECREATIONAL/CULTURAL USES | |
Movie theaters | 1 per 4 seats |
Stadiums, sports arenas and similar open assemblies | 1 per 8 seats or 1 per 100 SF of assembly space without fixed seats |
Dance halls and places of assembly without fixed seats | 1 per 75 SF of gross floor area |
Bowling alleys | 5 per lane |
Skating rinks | 1 per 75 SF of gross floor area |
Tennis courts, racquet clubs, handball courts and other similar commercial recreation | 1 space per 40 SF of gross floor area used for assembly, plus 2 per court |
Swimming pools (indoor and outdoor) | 1 per 10 swimmers, based on pool capacity as defined by the Washington State Department of Health |
Golf courses | 4 spaces for each green, plus 50% of spaces otherwise required for any accessory uses (e.g., bars, restaurants) |
Gymnasiums, health clubs | 1 space per each 200 SF of gross floor area |
Churches, auditoriums and similar enclosed places of assembly | 1 per 4 seats or 60 lineal inches of pew or 40 SF gross floor area used for assembly |
Art galleries and museums | 1 per 250 SF of gross floor area |
COMMERCIAL/OFFICE USES | |
Banks, business and professional offices (other than medical and dental) with on-site customer service | 1 per 400 SF gross floor area |
Retail stores and personal service shops unless otherwise provided herein | If < 5,000 SF floor area, 1 per 600 SF gross floor area; if > 5,000 SF floor area, 8 plus 1 per each 300 SF gross floor area over 5,000 SF |
Grocery stores | 1 space per 200 SF of customer service area |
Barber and beauty shops | 1 space per 200 SF |
Motor vehicle sales and service | 2 per service bay plus 1 per 1,000 SF of outdoor display |
Motor vehicle or machinery repair, without sales | 2 plus 2 per service bay |
Mobile home and recreational vehicle sales | 1 per 3,000 SF of outdoor display area |
Motels and hotels | 1 per unit or room |
Restaurants, taverns, bars with on-premises consumption | If < 4,000 SF, 1 per 200 SF gross floor area; if > 4,000 SF, 20 plus 1 per 100 SF gross floor area over 4,000 SF |
Drive-in restaurants and similar establishments, primarily for autoborne customers | 1 per 75 SF of gross floor area. Stacking spaces shall be provided in accordance with Chapter 22C.140 MMC, Drive-Through Facilities. |
Shopping centers | If < 15,000 SF, 1 per 200 SF of gross floor area; if > 15,000 SF, 1 per 250 SF of gross floor area |
Day care centers | 1 space per staff member and 1 space per 10 clients. A paved unobstructed pick-up area shall be set aside for dropping off and picking up children in a safe manner that will not cause the children to cross the parking area or lines of traffic. |
Funeral parlors, mortuaries or cemeteries | 1 per 4 seats or 8 feet of bench or pew or 1 per 40 SF of assembly room used for services if no fixed seating is provided |
Gasoline/service stations with grocery | 1 per employee plus 1 per 200 SF gross floor area |
Adult facilities as defined by MMC 22A.020.020 | 1 per 75 SF of gross floor area or, in the case of an adult drive-in theater, 1 per viewing space |
HEALTH SERVICES USES | |
Nursing homes, convalescent homes for the aged | 1 per 5 beds plus 1 space per employee and medical staff |
Medical and dental clinics | 1 per 200 SF gross floor area |
Hospitals | 1 per 2 beds, excluding bassinets |
EDUCATIONAL USES | |
Elementary, junior high schools (public and private) | 5 plus 1 per each employee and faculty member |
Senior high schools (public and private) | 1 per each 10 students plus 1 per each employee or faculty member |
Commercial/vocational schools | 1 per each employee plus 1 per each 2 students |
PUBLIC/GOVERNMENT USES | |
Public utility and governmental buildings | 1 per 400 SF of gross floor area |
Libraries | 1 per 250 SF of gross floor area |
MANUFACTURING/WAREHOUSE USES | |
Manufacturing and industrial uses of all types, except a building used exclusively for warehouse purposes | 1 per 750 SF of gross floor area plus office space requirements |
Warehouses, storage and wholesale businesses | 1 per 2,000 SF of gross floor area plus office space requirements |
Mini self-storage | 1 per each 50 storage cubicles equally distributed and proximate to storage buildings. In addition, 1 space for each 50 storage cubicles to be located at the project office |
(Ord. 3366 § 83 (Exh. EEEE), 2025; Ord. 3352 § 86 (Exh. EEEE), 2025; Ord. 3318 § 1 (Exh. A), 2024; Ord. 3205 § 8, 2022; Ord. 3203 § 9, 2022; Ord. 3193 § 22, 2021; Ord. 3156 § 2, 2020; Ord. 3115 § 3, 2018; Ord. 3054 § 15, 2017; Ord. 2898 § 13, 2012; Ord. 2852 § 10 (Exh. A), 2011).
A site plan for every new or enlarged off-street parking lot or motor vehicle sales area shall be approved by the community development department prior to construction. The site plan shall be drawn utilizing a common engineering scale (e.g., one inch equals 20 feet, one inch equals 30 feet, one inch equals 40 feet) and shall depict the following elements:
(1) The proposed/existing buildings and appurtenances;
(2) Locations, size, shape and design of the parking spaces;
(3) Existing/proposed curb cuts or access locations;
(4) Existing/proposed illumination;
(5) Landscaping and method of irrigation;
(6) Parking lot circulation (i.e., drive aisles, turning radii, etc.);
(7) Drainage facilities;
(8) Other features as deemed necessary by the director. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. The parking area layout standards are intended to promote safe circulation within the parking area and provide for convenient entry and exit of vehicles.
(2) Where These Standards Apply. The standards of this section apply to all vehicle areas whether required or excess parking.
(3) Improvements.
(a) Paving.
(i) In order to control dust and mud, all vehicle areas must be surfaced with a minimum all-weather surface. Such surface shall be specified by the city engineer. Alternatives to the specified all-weather surface, including grass block pavers, may be provided, subject to approval by the city engineer. Gravel surfacing is not considered an all-weather surface; however, legal nonconforming gravel surfacing in existing designated parking areas is allowed to remain for a maximum of six parking spaces.
(ii) The applicant shall be required to prove that the alternative surfacing provides results equivalent to paving. If, after construction, the city determines that the alternative is not providing the results equivalent to paving or is not complying with the standards of approval, paving shall be required.
(iii) Parks, agricultural and similar uses, and developments providing surplus parking are exempt from the all-weather surface requirement, provided, all surfacing must provide for the following minimum standards of approval:
(A) Gravel parking facilities shall be surfaced with no less than three inches of crushed gravel.
(B) Dust is controlled.
(C) Storm water is treated to city standards.
(D) Rock and other debris is not tracked off site.
(E) Driveway and approaches shall be paved with an all-weather surface, specified by the city engineer, from at least 20 feet back from the property line to the street.
(iv) Single-Family Residences, Middle Housing and Townhouses. All driveways and parking areas must be covered in a minimum all-weather surface, specified by the city engineer. Gravel surfacing is not considered an all-weather surface.
(b) Striping. All parking spaces, except for stacked parking, must be striped in conformance with the minimum parking and aisle dimensions outlined in Table 2, except parking for single-family residences, middle housing and accessory dwelling units.
(c) Protective Curbs Around Landscaping. All perimeter and interior landscaped areas must have cast in place or extruded protective curbs along the edges. Curbs separating landscaped areas from parking areas may allow storm water runoff to pass through them. Tire stops, bollards or other protective barriers may be used at the front ends of parking spaces. Curbs may be perforated or have gaps or breaks. Trees must have adequate protection from car doors as well as car bumpers. This provision does not apply to single-family residences, duplexes and accessory dwelling units.
(d) Illumination. Parking lot illumination shall be provided for all parking lots containing 15 or more parking spaces, and shall comply with the following design standards:
(i) Parking lot lighting fixtures shall be full cut-off, dark sky rated and mounted no more than 25 feet above the ground, with lower fixtures preferable so as to maintain a human scale;
(ii) All fixtures over 15 feet in height shall be fitted with a full cut-off shield;
(iii) Pedestrian scale lighting (light fixtures no taller than 15 feet) is encouraged in areas of pedestrian activity. Lighting shall enable pedestrians to identify a face 45 feet away in order to promote safety;
(iv) Parking lot lighting shall be designed to provide security lighting to all parking spaces;
(v) Lighting shall be shielded in a manner that does not disturb residential uses or pose a hazard to passing traffic. Lighting should not be permitted to trespass onto adjacent private parcels nor shall light source (luminaire) be visible at the property line.
(4) Storm Water Management. Storm water runoff from parking lots is regulated by MMC Title 14, Water and Sewers.
(5) Parking Area Layout.
(a) Access to Parking Spaces.
(i) All parking areas, except stacked parking areas, must be designed so that a vehicle may enter or exit without having to move another vehicle.
(ii) Parking shall be designed so that automobiles do not back out into public streets.
(b) Parking Space and Aisle Dimensions.
(i) Parking spaces and aisles must meet the minimum dimensions contained in Table 2: Minimum Parking Space and Aisle Dimensions. Parking at any angle other than those shown is permitted, providing the width of the stalls and aisle are adjusted by interpolation between the specified standards.
(ii) Turning Radii. The minimum allowable inside vehicle turning radius in parking and driveway areas shall be 20 feet unless fire or solid waste apparatus access is necessary, in which case the minimum inside radius shall be 30.5 feet and the outside radius shall be 46 feet or as required by the fire district or solid waste division. Turning radii are not necessarily the radii or curbs around islands and other improvements.
(iii) On dead-end aisles, aisles shall extend five feet beyond the last stall to provide adequate turnaround.
(iv) The community development director may grant a deviation from the parking space and aisle dimensions outlined in Table 2: Minimum Parking Space and Aisle Dimensions, whenever (A) there exists a lot with one or more structures on it constructed before the effective date of this title, and (B) a change in use that does not involve any enlargement of a structure is proposed for such lot, and (C) the parking space and aisle dimensions that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for parking dimensional standards. To grant a deviation, the community development director must make the following findings:
(A) That the granting of the deviation will not create a safety hazard or loading of vehicles on public streets in such a manner as to interfere with the free flow of vehicular and pedestrian traffic within the public right-of-way.
(B) That the granting of the deviation will not create a safety hazard or any other condition inconsistent with the objectives of this title.
Angle | Width | Curb Length | 1-Way Aisle Width | 2-Way Aisle Width | Stall Depth |
|---|---|---|---|---|---|
0 degrees (parallel) | 8 feet | 21 feet | 12 feet | 22 feet | 8 feet |
30 degrees | 8 feet, 6 inches | 17 feet | 12 feet | 22 feet | 15 feet |
45 degrees | 8 feet, 6 inches | 12 feet | 12 feet | 22 feet | 17 feet |
60 degrees | 8 feet, 6 inches | 9 feet, 9 inches | 16 feet | 22 feet | 18 feet |
90 degrees (commercial and industrial) | 8 feet, 6 inches | 8 feet, 6 inches | 22 feet | 22 feet | 18 feet |
90 degrees (multifamily) | 8 feet | 8 feet | 22 feet | 22 feet | 18 feet |
90 degrees (single-family, townhouses, and middle housing) | 8 feet | 8 feet | 22 feet | 22 feet | 20 feet |
Tandem (residential) | 8 feet | N/A | N/A | N/A | 20 feet |
Notes: (1) In-garage parking spaces must meet the applicable dimensional standards noted in the table above. In-garage parking spaces must be completely usable for parking and free of any obstructions (e.g., bollards, water heaters, electrical equipment, etc.). Exception: where the required parking can be met with surface (outside) parking spaces, or when it can be demonstrated with a CAD detail that the garage allows for the parking of a standard consumer vehicle and enables the garage doors to open and close, the dimensional requirements in Table 1 for in-garage parking may be modified. (2) Dimensions of parking spaces for the disabled are regulated by the building code. See subsection (5)(e) of this section. | |||||
(c) Pedestrian Access and Circulation. Developments must provide specially marked or paved walkways through parking lots, as depicted in Figures 1 through 4. Parking lot walkways shall allow for access so pedestrians and wheelchairs can easily gain access from public sidewalks and bus stops to building entrances through the use of raised concrete, stamped concrete, colored concrete, or pervious pavement sidewalks, or pedestrian paths which are physically separated from vehicle traffic and maneuvering areas. The director may allow pedestrian pathways to be striped if it can be demonstrated that the pathways are not used by, or accessible to, the public (e.g., pathways located behind a commercial or industrial building where the general public does not have access). Generally, walkways should be provided every four rows and a maximum distance of 180 feet shall be maintained between paths. Where possible, align the pathways to connect with major building entries or other sidewalks, pathways, and destinations. The pathways must be a minimum of five feet wide, universally accessible and ADA compliant. On narrow infill lots, the director may authorize a pathway that is less than five feet wide; provided, that the minimum ADA width is met.
Figure 1 Figure 2
Figure 3 Figure 4
(d) Location. Parking areas should be located and designed to consider impacts to the streetscape. Except for adult facilities as defined by MMC 22A.020.020, on-site parking shall be located at the sides and rear of buildings or complexes. For adult facilities, on-site parking shall be located where most visible from both the streetscape and the public access to the adult facility.
(e) Parking for Disabled Persons. The building official regulates the following disabled person parking standards and access standards through the building code and the latest ICC/ANSI A117.1 standards for accessible and usable buildings and facilities:
(i) Dimensions of disabled person parking spaces and access aisles;
(ii) The minimum number of disabled person parking spaces and circulation routes;
(iii) Location of disabled person parking spaces and circulation routes;
(iv) Curb cuts and ramps including slope, width and location; and
(v) Signage and pavement markings.
(f) A portion of a standard parking space may be landscaped instead of paved, as follows:
(i) The landscaped area may be up to two feet of the front of the space as measured from a line parallel to the direction of the bumper of a vehicle using the space. Any vehicle overhang must be free from interference from sidewalks, landscaping, or other required elements;
(ii) Landscaping must be ground cover plants; and
(iii) The landscaped area counts toward parking lot interior landscaping requirements and toward any overall site landscaping requirements. However, the landscaped area does not count toward perimeter landscaping requirements.
(g) Ingress and Egress Provisions. The layouts of parking areas are reviewed for compliance with the curb cut and access restrictions outlined in the Marysville engineering design and development standards (EDDS).
(6) Parking Area Landscaping and Screening. All landscaping must comply with the standards of Chapter 22C.120 MMC. In addition, screening in the form of a solid masonry wall, architectural fences or dense coniferous hedges shall be erected or planted and maintained to a height of not less than five feet where a parking lot has a common boundary line with any residentially zoned property.
(7) Maintenance. Maintenance of all areas provided for off-street parking shall include removal and replacement of dead and dying trees, grass and shrubs, removal of trash and weeds, repair of traffic-control devices, signs, light standards, fences, walls, surfacing materials, curbs and railings, and inspection, cleaning and repair of pervious surfacing materials and drainage facilities when applicable. (Ord. 3366 § 84 (Exh. FFFF), 2025; Ord. 3352 § 87 (Exh. FFFF), 2025; Ord. 3318 § 2 (Exh. B), 2024; Ord. 3244 § 5 (Exh. E), 2022; Ord. 3035 § 9 (Exh. I), 2016; Ord. 2852 § 10 (Exh. A), 2011).
Bicycle parking standards are intended to provide safe, convenient, and attractive areas for the circulation and parking of bicycles that encourage the use of alternative modes of transportation.
(1) Required Bicycle Parking. Bicycle parking facilities shall be provided for any new use which requires 20 or more automobile parking spaces.
(a) The number of required bicycle parking spaces shall be five percent of the number of required off-street auto parking spaces.
(b) When any covered automobile parking is provided, all bicycle parking shall be covered.
(2) Exemptions from Bicycle Parking Standards.
(a) Construction activities which do not require a building permit.
(b) Interior and exterior remodels of existing structures.
(c) Temporary use or activities.
(3) Bicycle Parking Standards.
(a) Each required bicycle parking space shall be located on a minimum all-weather surface, specified by the city engineer.
(b) Bicycle parking should be at least as well-lit as vehicle parking for security.
(c) A bicycle parking space shall be at least six feet long and two feet wide with an overhead clearance of at least seven feet, and comply with the spacing provisions depicted in Figure 5. An access aisle of at least four feet wide shall be provided and maintained beside or between each row of bicycle parking.
Figure 5
(d) The location of the rack and subsequent parking shall not interfere with pedestrian passage, leaving a clear area of at least 36 inches between bicycles and other existing and potential obstructions.
(e) Direct pedestrian access from the bicycle parking area to the building entrance shall be provided.
(4) Bicycle Parking Location and Design.
(a) Bicycle parking provided in outdoor locations shall not be located farther than the closest automobile parking space (except ADA parking).
(b) Short-term bicycle parking shall consist of the following design features:
(i) Inverted “U” style racks or similar design, as illustrated in Figure 6.
(ii) Each rack shall provide each bicycle parking space with at least two points of contact that allow the frame and both wheels to be locked to the rack by the bicyclist’s own locking device.
(iii) The bike rack shall have rounded surfaces and corners.
(iv) The bike rack shall be coated in a material that will not damage the bicycle’s painted surfaces.
Figure 6
(5) The community development director may waive the bicycle parking requirement if it can be demonstrated that the rack would not be reasonably utilized due to the location of the facility. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. To reduce the visual impact of structured parking located above grade.
(2) Exterior Design of Parking Structures Implementation.
(a) The street-facing facades of parking levels within a building shall be treated in such a way as to seem more like a typical floor, rather than open slabs with visible cars and ceiling lights, as depicted in Figures 7 through 10. This may be accomplished by two or more of the following:
(i) Square opening, rather than horizontal.
(ii) Planting designed to grow on the facade.
(iii) Louvers.
(iv) Expanded metal panels.
(v) Decorative metal grills.
(vi) Spandrel (opaque) glass.
(vii) Other architectural devices may be proposed that will accomplish the intent.
(b) Freestanding parking structures shall incorporate the above features on portions of the facade above the ground level. At ground level, they shall comply with the site and building design standards outlined in Chapters 22C.010 and 22C.020 MMC, addressing ground level details, transparency and weather protection.
Figure 7

Figure 8

Figure 9

Figure 10

(Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. A minimum number of off-street loading spaces are required to ensure adequate areas for loading for larger uses and developments. These standards ensure that the appearance of loading areas will be consistent with that of parking areas.
(2) Loading Standards.
(a) Number of Loading Spaces. The number of loading spaces required is determined by the following table.
Gross Floor Area (GFA) | Number of Loading Spaces |
|---|---|
Less than 20,000 SF of nonresidential GFA | 0 |
20,000 SF to 50,000 SF of nonresidential GFA | 1 |
More than 50,000 SF of nonresidential GFA | 2 |
(b) Loading spaces shall be designed so no part of a truck or van using the loading space will project into the public right-of-way.
(c) Size of Loading Spaces. Each loading space shall measure not less than 10 feet wide by 30 feet long, with 14-foot height clearance.
(d) Placement, Setbacks, and Landscaping. Loading areas must comply with the setback and perimeter landscaping standards stated in Chapter 22C.120 MMC. When parking areas are prohibited or not allowed between a building and a street, loading areas are also prohibited or not allowed.
(e) Paving. In order to control dust or mud, all loading areas must be covered in a minimum all-weather surface, specified by the city engineer. (Ord. 2852 § 10 (Exh. A), 2011).
(1) In considering a request for a modification of parking requirements, the hearing examiner shall consider the following factors:
(a) Type of use proposed and traffic generation, including hours of operation, frequency of employee and customer trips, and other specific factors relating to the proposed use;
(b) Location of the subject property, proximity to and availability of public transportation facilities, likelihood of customers or employees to use public transportation;
(c) Other information which is relevant and necessary to make a determination as to the validity of the request for modification. Such additional information may include parking studies and traffic surveys for the proposed project vicinity and data concerning the actual parking demand of other similar uses.
(2) In approving a request for the modification of the number of required off-street parking spaces, the hearing examiner may require that a transit stop be located on the subject lot in order to promote use of public transit and to justify a reduction in the required number of parking spaces. (Ord. 2852 § 10 (Exh. A), 2011).
The standards of this chapter are intended to allow for drive-through facilities by reducing the negative impacts they may create. Of special concern are noise from idling cars and voice amplification equipment, lighting and queued traffic interfering with on-site and off-site traffic and pedestrian flow. The specific purposes of this chapter are to:
(1) Reduce noise, lighting and visual impacts on abutting uses, particularly residential uses;
(2) Promote safer and more efficient on-site vehicular and pedestrian circulation; and
(3) Minimize conflicts between queued vehicles and traffic on adjacent streets. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Uses. The standards of this chapter apply to all uses that have drive-through facilities including vehicle repair and quick vehicle servicing.
(2) Site Development. The standards of this chapter apply only to the portions of the site development that comprise the drive-through facility. The standards apply to new developments, the addition of drive-through facilities to existing developments, and the relocation of an existing drive-through facility. Drive-through facilities are not a right; the size of the site or the size and location of existing structures may make it impossible to meet the standards of this chapter. Chapter 22C.130 MMC, Parking and Loading, contains additional requirements regarding vehicle areas.
(3) Parts of a Drive-Through Facility. A drive-through facility is composed of two parts – the stacking lanes and the service area. A drive-through facility may also have a third part – an order menu. The stacking lanes are the space occupied by vehicles queuing for the service to be provided. The service area is where the service occurs. In uses with service windows, the service area starts at the service window. In uses where the service occurs indoors, the service area is the area within the building where the service occurs. For other development, such as gas pumps, air compressors and vacuum cleaning stations, the service area is the area where the vehicles are parked during the service. (Ord. 2852 § 10 (Exh. A), 2011).
All drive-through facilities must provide the setbacks and landscaping stated below:
(1) Abutting a Residential Zone. Service areas and stacking lanes must be set back 10 feet from all lot lines which abut residential zones. The setback must be landscaped to the L1 standards; see Chapter 22C.120 MMC, Landscaping and Screening.
(2) Abutting a Commercial or Industrial Zone. Service areas and stacking lanes must be set back five feet from all lot lines which abut commercial or industrial zones. The setback must be landscaped to the L2 standard; see Chapter 22C.120 MMC, Landscaping and Screening.
(3) Abutting a Street. Service areas and stacking lanes must be set back as follows:
(a) Ten-foot setback required from a public right-of-way or private access road. The setback area shall be landscaped to the L3 standard; see Chapter 22C.120 MMC, Landscaping and Screening.
(b) Fifteen-foot setback required from a public arterial right-of-way. The setback area shall be landscaped to the L3 standard; see Chapter 22C.120 MMC, Landscaping and Screening. (Ord. 2852 § 10 (Exh. A), 2011).
All driveway entrances, including stacking lane entrances, must be spaced in accordance with the city of Marysville engineering design and development standards, unless otherwise authorized by the public works director or designee. (Ord. 2852 § 10 (Exh. A), 2011).
These standards ensure that there are adequate on-site maneuvering and circulation areas, ensure that stacking vehicles do not impede traffic on abutting streets, and that stacking lanes will not have nuisance impacts on abutting residential lands.
(1) Dimensional Requirements. A stacking lane shall be an area measuring a minimum of eight feet six inches wide by 20 feet deep, with direct forward access to a service window of a drive-through facility. A stacking lane is measured from the curb cut to the service area or the order area if an outdoor order area precedes the service area. Stacking lanes do not have to be linear.
(2) For each drive-up lane of a financial institution, business service, gas stations, vendor stand, or other drive-through use not listed, a minimum of three stacking spaces shall be provided.
(3) For each service lane of a drive-through restaurant, a minimum of seven stacking spaces shall be provided. For high volume drive-through restaurants up to 12 stacking spaces may be required.
(4) A stacking lane is not required for accessory facilities where vehicles do not routinely stack up while waiting for the service. Examples are window washing, air compressor, and vacuum cleaning stations.
(5) Stacking Lane Design and Layout. Stacking lanes must be designed so that they do not interfere with parking, parking access and vehicle circulation.
(6) Stacking Lanes Identified. All stacking lanes must be clearly identified, through the use of means such as striping, landscaping and signs. (Ord. 2852 § 10 (Exh. A), 2011).
Drive-through facilities must meet the off-site impact standards outlined in this section. When abutting land zoned residential, drive-through facilities with noise-generating equipment must document in advance that the facility will meet the off-site impact noise standards. Noise generating equipment includes items such as speakers, mechanical car washes, vacuum cleaners and exterior air compressors.
(1) Communication systems (e.g., intercom systems) that can be heard beyond the property line are prohibited.
(2) The exterior openings for automobile ingress and egress to work areas shall not be located on walls of buildings adjacent to residences or residentially zoned property. (Ord. 2852 § 10 (Exh. A), 2011).
Electric vehicle charging stations (Figure 1), rapid charging stations (Figure 2) and battery exchange stations (Figure 3) are permitted in accordance with Chapter 22C.010 MMC, Residential Zones, and Chapter 22C.020 MMC, Commercial, Industrial, Recreation and Public Institutional Zones.
Figure 1: Electric Vehicle Home Charging Station

Wall-mounted Level 2 home charging station
Figure 2: Electric Vehicle Rapid Charging Stations


Rapid Charging Stations in Vacaville, CA
Figure 3: Electric Vehicle Battery Exchange Stations

Battery Exchange Station in Tokyo
(Ord. 2852 § 10 (Exh. A), 2011).
(1) Electric Vehicle Charging Stations – Generally.
(a) Electric vehicle charging stations are reserved for parking and charging electric vehicles only.
(b) Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(2) Prohibitions.
(a) When a sign provides notice that a space is a designated electric vehicle charging station, no person shall park or stand any nonelectric vehicle in a designated electric vehicle charging station space. Any nonelectric vehicle is subject to fine or removal.
(b) Any electric vehicle in any designated electric vehicle charging station space and not electrically charging or parked beyond the days and hours designated on regulatory signs posted at or near the space shall be subject to a fine and/or removal. For purposes of this subsection, “charging” means an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment.
(3) Noticing of Electric Vehicle Charging Stations. Upon adoption by the city of Marysville, the city engineer shall cause appropriate signs and marking to be placed in and around electric vehicle charging station spaces, indicating prominently thereon the parking regulations. The signs shall define time limits and hours of operation, as applicable, shall state that the parking space is reserved for charging electric vehicles and that an electric vehicle may only park in the space for charging purposes. Violators are subject to a fine and/or removal of their vehicle. (Ord. 2852 § 10 (Exh. A), 2011).
To ensure an effective installation of electric vehicle charging stations, the regulations in this section provide a framework for when a private property owner chooses to provide electric vehicle charging stations.
(1) Electric Vehicle Charging Station Spaces.
(a) Purpose. For all parking lots or garages, except those that include restricted electric vehicle charging stations.
(b) Number. No minimum number of charging station spaces is required.
(c) Minimum Parking Requirements. An electric vehicle charging station space may be included in the calculation for minimum required parking spaces that are required pursuant to other provisions of this code.
(d) Location and Design Criteria. The provision of electric vehicle parking will vary based on the design and use of the primary parking lot. The following required and additional locational and design criteria are provided in recognition of the various parking lot layout options.
(i) Where provided, parking for electric vehicle charging purposes is required to include the following:
(A) Signage. Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations shall be included if time limits or tow-away provisions are to be enforced.
(B) Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered.
(C) Accessibility. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, the charging equipment shall be located so as not to interfere with accessibility requirements of WAC 51-50-005.
(D) Lighting. Where charging station equipment is installed, adequate site lighting shall exist, unless charging is for daytime purposes only.
(E) Notification. Information on the charging station, identifying voltage and amperage levels and any time of use, fees, or safety information.
(e) Data Collection. To allow for maintenance and notification, the Marysville community development department will require the owners of any private new electric vehicle infrastructure station that will be publicly available (see definition “electric vehicle charging station – public” in MMC 22A.020.060) to provide information on the station’s geographic location, date of installation, equipment type and model, and owner contact information. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Quantity and Location. Where electric vehicle charging stations are provided in parking lots or parking garages, accessible electric vehicle charging stations shall be provided as follows:
(a) Accessible electric vehicle charging stations shall be provided in the ratios shown on the following table.
Number of EV Charging Stations | Minimum Accessible EV Charging Stations |
|---|---|
1 – 50 | 1 |
51 – 100 | 2 |
101 – 150 | 3 |
151 – 200 | 4 |
201 – 250 | 5 |
251 – 300 | 6 |
(b) Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and shall be connected to a barrier-free accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons. Below are two options for providing for accessible electric vehicle charging stations.
Figure 4: Off-Street Accessible Electric Vehicle Charging Station – Option 1


Figure 5: Off-Street Accessible Electric Vehicle Charging Station – Option 2


(2) Definitions.
(a) “Designated accessible space” means a WAC 51-50-005 required accessible parking space designated for the exclusive use of parking vehicles with a state disabled parking permit.
(b) “Accessible electric vehicle charging station” means an electric vehicle charging station where the battery charging station equipment is located within accessible reach of a barrier-free access aisle (minimum 44-inch width) and the electric vehicle. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Directional – Off-Street Parking Lot or Parking Garage. Directional signs for an on-site parking lot or parking garage should be used in the parking facility with a directional arrow at all decision points, as depicted in Figure 6.
Figure 6: Directional – Off-Street Parking Lot or Parking Garage


(2) Off-Street EV Parking – Parking Space with Charging Station Equipment. Combination signs identifying space as an electric vehicle charging station, prohibiting nonelectric vehicles, with charging time limits, should be provided, as depicted in Figure 7.
Figure 7: Off-Street EV Parking – Parking Space with Charging Station Equipment



(Ord. 2852 § 10 (Exh. A), 2011).
(1) On-Street Electric Vehicle Charging Stations – Generally.
(a) Purpose. Curbside electric vehicle charging stations adjacent to on-street parking spaces are reserved for charging electric vehicles.
(b) Size. A standard size parking space may be used as an electric vehicle charging station.
(c) Location and Design Criteria. Where provided, parking for electric vehicle charging purposes is required to include the following:
(i) Signage. Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations shall be included if time limits or tow-away provisions are to be enforced.
(ii) Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered.
(iii) Accessibility. Charging station equipment located within a sidewalk shall not interfere with accessibility requirements of WAC 51-50-005.
(iv) Clearance. Charging station equipment mounted on pedestals, light posts, bollards or other devices shall be a minimum of 24 inches clear from the face of curb.
(v) Lighting. Where charging station equipment is installed, adequate site lighting shall exist, unless charging is for daytime purposes only.
(vi) Charging Station Equipment. Charging station outlets and connector devices shall be no less than 36 inches or no higher than 48 inches from the top of surface where mounted, and shall contain a retraction device and/or a place to hang permanent cords and connectors sufficiently above the ground or paved surface.
(vii) Charging Station Equipment Protection. When the electric vehicle charging station space is perpendicular or at an angle to curb face and charging equipment, adequate equipment protection, such as wheel stops or concrete-filled steel bollards, shall be used. Appropriate signage indicating if backing in is allowed or not shall be posted.
(viii) Notification. Information on the charging station identifying voltage and amperage levels and any time of use, fees, or safety information.
(ix) Location. Placement of a single electric vehicle charging station is preferred at the beginning or end stall on a block face.
(d) Data Collection. To allow for maintenance and notification, the community development department will require the owners of any private new electric vehicle infrastructure station that will be publicly available (see definition “electric vehicle charging station – public” in MMC 22A.020.060) to provide information on the station’s geographic location, date of installation, equipment type and model, and owner contact information.
Figure 8: Electric Vehicle Charging Station – On Street


On-street charging near end of block.
(2) Signage.
(a) Directional – Highways and Freeways. Directional signs (MUTCD D0-11b) for highways and freeways (Figure 9) should be installed at a suitable distance in advance of the turn-off point or intersection highway. If used at an intersection or turn-off point, it shall be accompanied by a directional arrow. As the symbol on Figure 9 appears to be a gasoline pump, this sign may also be supplemented with the sign shown in Figure 10 (MUTCD D9-11bP) to avoid confusion with liquid fuel stations for early EV drivers.
Figure 9: Directional – Highways and Freeways


Figure 10: Supplemental Directional – Highways and Freeways

(b) Directional – Local Street. The directional sign for local streets should be installed at a suitable distance in advance of the intersection or charging station facility. If used at an intersection or parking lot entrance, it shall be accompanied by a direction arrow. As the symbol on Figure 11 appears to be a gasoline pump, this sign may also be supplemented with the sign shown in Figure 12 (MUTCD D9-11bP) to avoid confusion with liquid fuel stations for early EV drivers.
Figure 11: Directional – Local Street


Figure 12: Supplemental Directional – Local Street

(c) On-Street Parking Space with Charging Station Equipment. Combination sign identifying space as an electric vehicle charging station, prohibiting nonelectric vehicles, with charging time limits, is shown in Figure 13. The use of time limits is optional and is included to allow the charging equipment to be available for more than one use during the day. The design of the time limit charging sign is modeled after the existing R7-108 sign in the federal MUTCD. If dual use of the space is allowed, the time limits would need to be added to the red/black/white sign rather than the green sign.
Figure 13: On-Street Parking Space with Charging Station Equipment



(Ord. 2852 § 10 (Exh. A), 2011).
(1) Categorical Exemptions for Battery Charging and Exchange Station Installation. The construction of an individual battery charging station or an individual battery exchange station that is otherwise categorically exempt shall continue to be categorically exempt even if part of a larger proposal that includes other battery charging stations, other battery exchange stations, or other related utility networks. (Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter is to provide for the reasonable display of signs necessary for public service or the conduct of business. The regulations enacted herein are necessary to protect the safety and welfare of the public and to maintain an attractive appearance in the community. This chapter authorizes and regulates the use of signs visible from a public right-of-way and/or adjacent property to:
(1) Provide a reasonable balance between the right of an individual to identify a business and the right of the public to be protected against the unrestricted proliferation of signs; and
(2) Support the economic well-being of businesses by allowing businesses to identify their premises and advertise products and services; and
(3) Provide minimum standards to safeguard life, health, property and the general welfare by regulating and controlling the design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures; and
(4) Ensure that signs are compatible with adjacent land uses; and
(5) Protect the public from hazardous conditions resulting from signs that are structurally unsafe, obscure vision of motorists, distract motorists, or interfere with traffic signs and signals; and
(6) Minimize overhead clutter for drivers and pedestrians; and
(7) Provide for types and sizes of signs appropriate to the land uses and zoning districts of the city; and
(8) Encourage well-designed signs that are compatible both with surrounding land uses and the buildings to which they are appurtenant; and
(9) Provide for the orderly and reasonable elimination of existing signs that are not in conformance with this chapter to protect the public health, safety, and welfare; and
(10) Provide a reasonable amortization period for businesses which have made a substantial investment in off-premises signs (billboards); and
(11) Implement the goals and policies of the Marysville comprehensive plan; and
(12) Protect property values by encouraging signs that are appropriate in both scale and design to surrounding buildings and landscape, and by discouraging a needless proliferation of the number of signs. (Ord. 3195 § 3 (Exh. A), 2021).
(1) Administration. The community development director will administer these sign standards as set forth in Chapter 22G.010 MMC, Land Use Application Procedures. The director may implement procedures, forms, and written policies for administering the provisions of this chapter.
(2) Enforcement. This chapter will be enforced by the code enforcement officer.
(3) Violations. Violations of this chapter are civil infractions enforced under MMC Title 4. (Ord. 3195 § 3 (Exh. A), 2021).
It shall be unlawful to erect or display a sign in the city without a sign permit issued by the community development department, except for those exempted in MMC 22C.160.080. (Ord. 3195 § 3 (Exh. A), 2021).
(1) Applications for sign permits shall be made to the building official upon forms provided by the community development department. Such application shall require:
(a) Name, address, telephone number and email address of the applicant.
(b) Name, address, telephone number and email address of the sign owner.
(c) Tax parcel number or correct address where the proposed sign or signs will be located.
(d) A scaled drawing of the proposed sign or sign revision, including size, height, copy, structural footing details, method of attachment and illumination.
(e) A scaled site plan, indicating the location of the sign relative to property lines, rights-of-way, streets, sidewalks, and other buildings or structures on the premises.
(f) The number, size, type and location of all existing signs on the same building, lot or premises.
(2) Fee Schedule. Fees for sign permits are as provided by MMC 16.04.045, Table 1-A. (Ord. 3195 § 3 (Exh. A), 2021).
(1) Inspections are required for all signs requiring a permit. The building division shall be contacted for inspections at the following points of the project:
(a) Prior to pouring footings for freestanding signs. The applicant will be required to provide enough field information for the inspector to determine that the proposed sign complies with applicable setback provisions.
(b) Foundation, anchorage, attachments and other structural support of the sign, sign structure and awning.
(c) Electrical connections of the sign, sign lighting or awning lighting. No person may make connections of a sign, sign lighting or awning lighting to a power source until all electrical components and connections have been approved.
(d) Final sign installation to determine compliance with the approved plans.
(2) Special inspections may be required for complex signs as specified by the licensed design professional or the building official. Notice will be given to the applicant as part of the permit review process when a special inspection is required. (Ord. 3195 § 3 (Exh. A), 2021).
The construction, erection, safety and maintenance of all signs shall comply with MMC Title 16 and the following:
(1) Signs shall be structurally sound and located so as to pose no reasonable threat to pedestrian or vehicular traffic.
(2) All permanent freestanding signs shall have self-supporting structures erected on, or permanently attached to, concrete foundations.
(3) Signs should not be in locations that obscure architectural features such as pilasters, arches, windows, cornices, etc.
(4) Signs should not be in locations that interfere with safe vehicular and pedestrian circulation or public safety signals and signs.
(5) No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window, or door opening used as a means of egress. (Ord. 3195 § 3 (Exh. A), 2021).
The following signs are prohibited in the city and are subject to the specific prohibitions, requirements, and exceptions set forth below for each type of sign:
(1) Billboards. Billboards shall be removed subject to the amortization schedule outlined in MMC 22C.160.280.
(2) Animated signs. No sign shall be animated, revolve or rotate either mechanically or by illumination, except for the movement of the hands of a clock, permitted electronic message signs, and barber poles.
(3) Roof signs.
(4) Internally illuminated cabinet or box signs. Sign face is illuminated through translucent casing. This prohibition includes internally illuminated changeable copy signs.
(5) Hazardous signs. A sign is hazardous if it creates a safety hazard for pedestrians or motorists, as determined by the police chief or city engineer.
(6) Signs located in or on public right-of-way. No signs shall be located upon or projecting over public streets, or sidewalks except as provided for projecting wall signs in MMC 22C.160.210. Temporary signs may be located in the right-of-way when they conform to the requirements of MMC 22C.160.260.
(7) Temporary signs. Temporary signs not meeting the requirements of MMC 22C.160.260 are prohibited. This prohibition includes, but is not limited to, portable readerboards, signs on vehicles or trailers, banners and sandwich or A-boards; provided, that sandwich or A-board signs may in certain circumstances be specifically allowed as set forth in this chapter. Temporary signs must conform to the requirements of this section unless specifically exempted.
(8) Signs on utility poles and trees. Signs on utility, street light and traffic control standards or poles and trees are prohibited, except for those of the utility or government.
(9) Signs not meeting the requirements of this chapter or that are legally nonconforming. The following signs are unlawful and prohibited:
(a) Signs which were lawful under prior sign codes, but which are not lawful under this chapter.
(b) Signs that do not comply with the conditions of their permits.
(c) Signs erected, altered or relocated without a permit and not in compliance with this chapter.
(d) Signs which were lawful under prior sign codes, but which have been altered or relocated so that the sign is not in compliance with this chapter.
(e) Signs that identify and advertise activities, products, businesses, or services which have been discontinued, terminated or closed for more than 60 days on the premises upon which the signs are located.
(10) Streamers, pennants, and banners. Displays of banners, festoons, flags, posters, pennants, ribbons, streamers, strings of lights, chasing strobe or scintillating lights, flares, balloons, bubble machines and similar devices are prohibited when the same are visible from any off-site location, including but not limited to any public right-of-way, except on a limited basis as provided in MMC 22C.160.260(1)(k). Where such signs or devices are not visible from off site, this prohibition does not apply.
(11) Traffic-like signs. Signs which by reason of their size, location, movement, content, coloring or manner of illumination may be confused with a traffic control sign, signal, or device, or the light of an emergency vehicle, or which obstruct the visibility of any traffic or street sign or signal, are prohibited.
(12) Obscene signs. Signs which bear or contain statements, words or pictures which are obscene under the prevailing statutes or applicable state and federal court decisions are prohibited. (Ord. 3296 § 3 (Exh. C), 2023; Ord. 3195 § 3 (Exh. A), 2021).
The following signs are exempted from obtaining a sign permit, but must comply with all other requirements of this chapter and with the specific requirements set forth below for each type of sign:
(1) A change in the face of the sign or advertising copy of an existing, legally permitted sign.
(2) Temporary signs meeting the requirements of MMC 22C.160.260.
(3) Nonelectric signs not exceeding eight square feet per face, which are limited in content to the name of occupant and address of the premises in a residential zone.
(4) Instructional signs located on private property, not exceeding eight square feet per sign; provided, that foundation, anchorage, attachments and other structural support of the sign and electrical connection require construction permits.
(5) Menu signs located on private property. Foundation, anchorage, attachments and other structural support of the sign and electrical connection require construction permits.
(6) Sculptures, fountains, benches, lighting, seasonal decorations, mosaics, murals, landscaping and other street furniture and design features, which do not incorporate advertising or identification.
(7) Signs not visible from public way. Exterior and interior signs or displays not intended to be visible from streets or public ways, signs in the interior of a building more than three feet from the closest window and not facing a window, window displays and point of purchase advertising displays such as vending machines.
(8) Traffic or other municipal signs, signs required by law or emergency services, railroad crossing signs, legal notices, and any temporary signs specifically authorized by the city council or authorized under policies and procedures adopted by the city council.
(9) Signs of public utility companies indicating danger or which serve as an aid to public safety or which show the location of underground facilities or of public telephones.
(10) Memorial signs or tablets, names of buildings, stained glass windows and dates of erection when cut into the surface of the facade of the building or when projecting not more than two inches.
(11) Incidental signs, including, but not limited to, “no trespassing,” “no dumping,” “no parking,” “private,” signs identifying essential public needs (i.e., restrooms, entrance, exit, telephone, etc.) and other information warning signs, which shall not exceed three square feet in surface area.
(12) Flush-mounted wall signs which are used to identify the name and address of the occupant for each dwelling, provided the sign does not exceed two square feet in sign area.
(13) Gateway entrance signs. Gateway entrance signs that comply with the city of Marysville gateway master plan. Foundation, anchorage, attachments and other structure support of the sign and electrical connection require building permits.
(14) Public way finding, directional, and interpretive signs. Foundation, anchorage, and other structure support of the sign and electrical connection require building permits. (Ord. 3296 § 4 (Exh. D), 2023; Ord. 3195 § 3 (Exh. A), 2021).
All signs shall be located on premises; provided, that temporary off-premises signs shall be allowed subject to the provisions set forth in MMC 22C.160.260. In addition, property owners may apply for an off-premises freestanding sign with a contiguous property abutting a public street, subject to the following criteria:
(1) The allowable off-premises freestanding sign area shall be determined by measuring the street frontage of the property abutting the public street, as provided in MMC 22C.160.140(5).
(2) Off-premises freestanding signage shall comply with all applicable development standards set forth in this chapter.
(3) Applicants may apply for a bonus allowance, subject to the criteria set forth in MMC 22C.160.290. (Ord. 3195 § 3 (Exh. A), 2021).
Signs shall be maintained in the same condition as when the sign was installed. Normal wear and tear of aged signs shall be repaired when they detract from the visible quality of the sign, as determined by the community development director. When signs are repaired, they must do so in a manner (paint colors shall match, etc.) that is consistent with the approved sign permit. When signs are removed, the wall behind the sign shall be repaired and painted to match the rest of the building wall. The premises surrounding a freestanding sign shall be free of litter, and any landscaped area shall be maintained.
Those signs found to be deteriorated or unsafe shall be repaired or removed by the owner within 10 days after receiving notice from the community development director or designee. (Ord. 3195 § 3 (Exh. A), 2021).
Abandoned signs shall be removed by the property owner or lessee within 60 days after the business or service advertised by the sign is no longer conducted on the premises. If the property owner or lessee fails to remove it, the community development director, or designee, shall give the owner 10 days’ written notice to remove it. Upon failure to comply with this notice, the city of Marysville may remove the sign at the cost of the owner of the premises. The foundations and posts of a sign, with all advertising copy removed, may remain on the premises for up to three years with the owner’s written consent, on the condition that the same must be continuously maintained pursuant to MMC 22C.160.100. (Ord. 3195 § 3 (Exh. A), 2021).
In general, all signs are subject to sign regulations outlined in this chapter. When the regulations of a subarea master plan or special overlay district conflict with this chapter, unless specifically indicated otherwise, the regulations of the subarea master plan or special overlay district supersede the regulations of this chapter. (Ord. 3195 § 3 (Exh. A), 2021).
The following standards apply to all illuminated signs:
(1) Sign illumination shall not interfere with the use and enjoyment of adjacent properties, create a public nuisance, or create public safety hazards. Exterior light sources shall be shielded from view and directed to illuminate only the sign face.
(2) No sign shall have blinking, flashing, moving or fluttering lights or other illuminating devices that have a changing light intensity, brightness or color.
(3) Illuminated signs shall not create a hazardous glare for pedestrians or vehicles either in a public street or on any private premises and shall not project towards the sky.
(4) The light from an illuminated sign shall not be of an intensity or brightness or directed in a manner that will create a negative impact on residential properties in direct line of sight to the sign.
(5) Colored light shall not be used at a location or in a manner so as to be confused or construed as a traffic control device.
(6) Reflective-type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right-of-way or adjacent property.
(7) Light sources shall utilize energy efficient fixtures to the greatest extent possible.
(8) Each illuminated sign shall be subject to a 30-day review period, during which time the community development director or designee may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the community development director or designee may order the dimming of any illumination found to be excessively bright. The community development director’s determination will be made without regard to the message content of the sign. (Ord. 3195 § 3 (Exh. A), 2021).
(1) Determining Sign Area and Dimensions.
(a) For a wall sign which is framed, outlined, painted or otherwise prepared and intended solely to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame.
(b) For a wall sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not a part of the architecture of the building. When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different elements. Minor appendages to a particular regular shape, as determined by the community development director, shall not be included in the total area of a sign.
Figure 1: Wall Sign Area – Examples of Area Calculations

Measuring the examples using multiple geometric shapes

This illustrates the areas to be included within
the calculation of a sign area.
(c) For a freestanding sign, the sign area shall include the frame, if any, but shall not include:
(i) A pole or other structural support unless such pole or structural support is internally illuminated or otherwise designed so as to constitute a display device, or a part of a display device.
(ii) Architectural features that are either part of the building or part of a freestanding structure, and not an integral part of the sign, such as landscaping and building or structural forms complementing the site in general.
Figure 2: Freestanding Sign Area – Examples of Area Calculations

The dashed line indicates the sign area
(d) When two identical sign faces are placed back-to-back so that both faces cannot be viewed from any point at the same time and are part of the same sign structure, the sign area shall be computed as the measurement of one of the two faces.
(2) Determining Sign Height.
(a) The height of a freestanding sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground to the highest point of the sign. A freestanding sign on a manmade base, including a graded earth mound, shall be measured from the grade of the nearest pavement or top of any pavement curb.
(b) Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.

The height of a sign is measured from the grade of the street level where the sign is viewed; not from the top of the mound
(3) Determining Building Frontages and Frontage Lengths.
(a) Building Unit. The building unit is equivalent to the tenant space. The primary frontage of the tenant space on the first floor shall be the basis for determining the permissible sign area for wall signs.
(b) Primary and Secondary Frontage.
(i) Primary Frontage. Primary frontage shall be considered the portion of any frontage containing the primary public entrance(s) to the building or building units.
(ii) Secondary Frontage. Secondary frontage shall include those frontages containing secondary public entrances to the building or building units and all building walls facing a public street, primary parking area, or drive aisle that are not designated as the primary building frontage by subsection (3)(b)(i) of this section.
(4) Building Frontage.
(a) The primary or secondary frontage shall be all walls parallel, or nearly parallel, to such frontage, excluding any such wall determined by the community development director to be clearly unrelated to the frontage criteria.
(b) The frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.
(5) Determining Street Frontage.
(a) Street frontage shall be determined by measuring the lineal feet of property abutting the public street from which a property obtains primary access.
(b) For developments located along more than one public street, the street frontage shall be determined by measuring the lineal feet of property abutting all public streets.
(c) Alley frontage shall not be included in determining street frontage.
(d) Properties abutting Interstate 5, and not abutting a public street, shall have the street frontage determined by measuring the lineal feet of property abutting Interstate 5. (Ord. 3195 § 3 (Exh. A), 2021).
In addition to all other provisions of this chapter, the following development standards apply in residential zones and on residentially developed properties, including residentially zoned and residentially developed properties within the downtown master plan area:
(1) The total combined area of all nonexempt signs, except temporary signs, on any lot in a residential zone shall not exceed nine square feet, except as provided in subsections (7) through (10) of this section.
(2) All dwelling units in residential districts shall display house numbers readable from the street.
(3) Illumination from or upon signs shall be shaded, shielded, directed or reduced so that the light intensity or brightness does not affect the enjoyment of residential property in the vicinity in any substantial way.
(4) Freestanding pole, or pylon, signs are prohibited.
(5) Roof signs are prohibited.
(6) No portion of a sign shall be in, or project over, a public right-of-way, and the minimum setback shall be five feet from all property lines unless attached to a fence. Signs shall not create a sight distance obstruction or any other safety hazard, and if attached to a fence shall not extend higher than the fence.
(7) Each entrance to a subdivision or multifamily development may have a monument sign up to 32 square feet in area, per face, or two single-faced signs of not more than 16 square feet each. These signs shall be located outside the public right-of-way so as not to create a visual obstruction for motorists or pedestrians. The height of such signs shall not exceed six feet.
(8) Existing recreation/cultural land uses (i.e., park, community center, library, church, etc.) and education services (i.e., public and private schools), not reviewed through the conditional use provisions outlined in subsection (10) of this section, may have one monument sign per street frontage up to 32 square feet in area, per face. The height of such signs shall not exceed six feet and shall comply with the development standards outlined in MMC 22C.160.170. In addition, a maximum of 32 square feet of permanent wall signage shall be allowed on the primary and secondary building frontage(s). Wall signs shall comply with the development standards outlined in MMC 22C.160.160.
(9) Home occupation, day care and adult family home signs shall not exceed three square feet and shall be wall signs, monument signs or mounted to a fence. Signs mounted to a fence shall comply with the provisions outlined in subsection (6) of this section.
(10) Signs for conditional uses permitted in residential zones shall be approved as part of the applicable conditional use permit and shall not be otherwise restricted by the provisions of this section.
(11) Temporary signs are permitted in compliance with MMC 22C.160.260. (Ord. 3296 § 5 (Exh. E), 2023; Ord. 3195 § 3 (Exh. A), 2021).
(1) The basic allowance for wall signs shall be limited to one and one-half square feet of sign area for each lineal foot of primary building frontage for illuminated signs, or two square feet of sign area for each lineal foot of primary building frontage for nonilluminated signs.
(2) Each tenant is allowed a minimum sign area of 32 square feet.
(3) Each tenant may have multiple wall signs placed on the primary or secondary building frontage(s), so long as the total wall signage does not exceed the allowances outlined in subsection (1) of this section.
(4) The community development director may allow wall signage to be placed on wall(s) which do not qualify as primary or secondary frontages, subject to the following criteria:
(a) It must be demonstrated that the wall signage would be visible from a public right-of-way;
(b) The wall signage must be comprised of individual letters;
(c) The letter and logo height shall not exceed 24 inches;
(d) Signs shall be nonilluminated;
(e) The wall signage shall comply with the design standards outlined in subsections (5) through (8) of this section;
(f) In multiuse complexes, said signs shall be mounted so that each tenant’s wall sign will be located at the same level (height above grade) as other tenants’ signs;
(g) The total wall signage for all frontage(s) shall not exceed the allowances outlined in subsection (1) of this section.
(5) The wall signage shall not exceed two-thirds of the overall frontage for the building or tenant(s) frontage, as applicable.
(6) The wall signage shall not encroach within three feet from the edge of the building or tenant(s) frontage, as applicable.
(7) Wall signs shall not extend above the building parapet, soffit, eave line, or roof of the building.
(8) The color, shape, material, lettering and other architectural details shall be harmonious with the character of the primary structure. No angle irons, guy wires, or braces shall be visible except those that are an integral part of the overall design. (Ord. 3195 § 3 (Exh. A), 2021).
(1) The basic allowance for freestanding signs shall be limited to one square foot of sign area for each lineal foot of street frontage not to exceed 200 square feet of sign area per street frontage and 75 square feet per sign face.
(2) The maximum height of freestanding signs is outlined in Table 1; provided, that monument signs shall not exceed 12 feet in height. Additionally, when the regulations of a subarea, master plan or special overlay district conflict, unless specifically indicated otherwise, the regulations of the subarea, master plan or special overlay district shall supersede the height requirements outlined in Table 1.
Zoning District | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
NB | CB | CB-WR | GC | DC | DTC | MS | FLEX | MU | LI | GI | REC | P/I |
4 feet | 25 feet | 12 feet | 25 feet | 6 feet | 12 feet | 6 feet | 6 feet | 12 feet | 25 feet | 25 feet | 4 feet | 15 feet |
(3) No portion of a freestanding sign shall be in, or project over, a public right-of-way, and the minimum setback shall be five feet, subject to sight distance review at intersections and driveways.
(4) Single-occupancy complexes are allowed one freestanding sign per street frontage.
(5) Multi-occupancy complexes are allowed one freestanding sign per access driveway for the complex. However, multi-occupancy complexes with only one access driveway shall be allowed one additional freestanding sign, as long as the freestanding sign advertises a different business or businesses located on site and can be spaced at least 150 feet apart.
(6) All pole, or pylon, sign supports shall be enclosed or concealed in accordance with the design criteria outlined in subsection (11) of this section.

(7) Pole, or pylon, signs are prohibited in the NB, CB-WR, DC, DTC, MS, Flex, MU and REC zones.
(8) Pole, or pylon, signs are prohibited in the commercial and industrial zones located along the 51st Avenue NE, Grove Street, 88th Street NE (including CB-zoned properties located north and south of 88th Street NE on 36th Avenue NE), 116th Street NE, 152nd Street NE, 156th Street NE, and 160th Street NE corridors, and for properties located north of 152nd Street NE and east of Smokey Point Boulevard; provided, that properties that have direct frontage on Smokey Point Boulevard may have pole, or pylon, signs on their Smokey Point Boulevard frontage.
(9) Pole, or pylon, signs are prohibited on CB-zoned properties located adjacent to 64th Street NE (SR 528) and 84th Street NE from approximately 83rd Avenue NE to SR 9.
(10) Pole, or pylon, signs are prohibited within the boundary of the downtown master plan.
(11) Design and Materials.
(a) The base of a freestanding sign and all pole or pylon sign supports shall be constructed of durable high-quality materials such as stone, brick, textured concrete, decorative steel, or other quality materials and a design that relates to and/or complements the design of on-site buildings and/or is coordinated with other site design elements. This limitation does not apply to structural elements that are an integral part of the overall design such as decorative metal or wood.
(b) Freestanding signs must integrate a top, middle, and bottom element. The top could include a distinctive sign cap and/or include the name of a multitenant center. The middle can include a consistent framing technique for an individual sign or multiple signs in a multitenant center. The bottom could include a distinctive base design with special materials and/or design.
(c) The architecture and composition of a freestanding sign structure must provide visual interest and detail for both pedestrians and motorists at both automotive and pedestrian-scale speed and perception.
(d) The color, shape, material, lettering and other architectural details of freestanding signs shall be harmonious with the character of the primary structure.
(e) No angle irons, guy wires or braces shall be visible except those that are an integral part of the overall design.
(f) One square foot of landscaping is required per one square foot of sign face. Landscaping shall include a decorative combination of ground cover and shrubs to provide seasonal interest in the area surrounding the sign. Landscaping shall be well maintained at all times of the year. The director may reduce the landscaping requirement where the signage incorporates stone, brick, or other decorative materials.
(g) Departures from this subsection (11) will be considered by the director, provided the design complies with other standards herein and integrates a distinctive, high-quality design that contributes to the visual character of the area. (Ord. 3296 § 6 (Exh. F), 2023; Ord. 3244 § 6 (Exh. F), 2022; Ord. 3195 § 3 (Exh. A), 2021).
(1) Changeable copy by nonelectronic means may be utilized on any permitted nontemporary sign.
(2) Animated signs are prohibited.
(3) One electronic message or changeable copy sign is permitted per street frontage for single-occupancy complexes. Multi-occupancy complexes with only one access driveway shall be allowed one additional electronic message or changeable copy sign, as long as the signs are spaced at least 150 feet apart.

(4) Electronic message signs are permitted; provided, that the copy does not change more than once every 20 seconds.
(5) Electronic message and changeable copy signs shall not exceed 30 percent of the sign area.
(6) All electronic message and changeable copy signs shall be constructed as an integral part of a permanent sign constructed on site. “Integral” shall be considered to mean that the electronic message or changeable copy is incorporated into the framework and architectural design of the permanent sign.
(7) All electronic message signs are required to have automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night. (Ord. 3195 § 3 (Exh. A), 2021).
(1) Instructional or directional signs shall be permitted in addition to all other signs, when they are of such size and location as to satisfy the intended instructional purpose and, based on their size, location, and intended purpose, will not constitute additional advertising.
(2) Instructional signs shall not exceed six square feet per sign and may include the name of the business and logos.

(Ord. 3195 § 3 (Exh. A), 2021).
Window signs are signs which are applied directly to a window, or mounted or suspended directly behind a window. Window sign standards:
(1) Where permitted: first floor windows of commercial uses with a dedicated ground floor entrance.
(2) Maximum sign area: no more than 25 percent of storefront window.
(3) Maximum letter height: The letter height of each window sign shall not exceed 12 inches.
(4) Illumination: exposed neon tube illumination only.

(Ord. 3195 § 3 (Exh. A), 2021).
Projecting signs are permitted, in addition to the allowances for wall signs, when they comply with the following conditions:
(1) Where permitted: commercial uses adjacent to and facing a street.
(2) Orientation: Projecting signs may be either vertically or horizontally oriented.
(3) Projection.
(a) Horizontally oriented signs: not more than eight feet.
(b) Vertically oriented or square signs: not more than three feet.
(c) Signs may project over the sidewalk abutting the buildings, but must not extend over the curb into a parking or travel lane, or conflict with required turning radii.
(4) Height.
(a) Horizontally oriented signs: not more than three feet.
(b) Vertically oriented signs: must not extend above the building parapet, soffit, the eave line or the roof of the building
(5) Minimum vertical clearance over sidewalk: eight feet.
Dimensional standards for horizontal (left) and vertically oriented (right) projecting signs.
(Ord. 3195 § 3 (Exh. A), 2021).
Marquee/awning signs are a type of building-mounted sign that is either attached to, affixed to, or painted on a marquee, awning, or canopy. Marquee/awning signs are subject to the following standards:
(1) Sign Form and Size.
(a) Signs consisting of individual letters placed on the outside edge of the marquee or above the marquee are limited to 200 percent of the height of the vertical dimension of the marquee. For example, if the vertical dimension of the marquee is 12 inches, the letters may be up to 24 inches high. Such signs are limited to two-thirds of the individual marquee width dimension, or no more than 20 feet, whichever is less.
(b) Sign boards may be placed on the vertical edge of a canopy provided the height of the sign board is no more than 200 percent of the height of the vertical dimension of the marquee. For example, if the vertical dimension of the marquee is 12 inches, the sign board may be up to 24 inches high. Such signs are limited to two-thirds of individual marquee width dimension or no more than 20 feet, whichever is less.
(c) Signs placed on the vertical edge of awnings are limited to 80 percent of the height of the vertical edge of the awning. Where signs are placed on the sloping portion of the awning, they must be sized proportionally to the architectural features of the building and are limited to two feet in height. The width of awning signs is limited to two-thirds of the individual awning width dimension, or no more than 20 feet, whichever is less.
Marquee and awning sign examples & standards. 
(Ord. 3195 § 3 (Exh. A), 2021).
Under-canopy signs are a type of building-mounted sign attached to the underside of an awning, canopy, balcony or arcade, and placed perpendicular to the storefronts and thus oriented to pedestrians on the sidewalk or an internal pathway. Under-canopy sign standards:
(1) Projection. Under-canopy signs shall have a one-foot minimum setback between both the sign and the outer edge of the awning, canopy, balcony or arcade, and between the sign and the building facade.
(2) Minimum vertical clearance over sidewalk: eight feet.
(3) Dimensions: shall not exceed two feet in height.
Under-canopy standards and example
(Ord. 3195 § 3 (Exh. A), 2021).
Building identification wall signs are signs located on and parallel to a building wall that announce the name of a building. Building identification wall sign standards:
(1) When permitted: commercial or multifamily residential uses with a dedicated ground floor entrance.
(2) Where permitted: only located on the frieze, cornice, or fascia area of storefront level; frieze, cornice, fascia, parapet of the uppermost floor; or above the entrance to the main building lobby.
(3) Number permitted: Only one building identification wall sign shall be permitted per building per street-facing facade.
(4) Sign area exemption: The area of building identification wall signs shall not count towards the total wall sign area allotment outlined in MMC 22C.160.160.
(5) Maximum sign height: no taller than 24 inches in height.
(6) Maximum projection: no more than one foot from the facade of the building.
(7) Illumination: external illumination or halo illumination only. (Ord. 3195 § 3 (Exh. A), 2021).
(1) Signage shall be an integral design element of a project and compatible with the exterior architecture with regard to location, scale, color and lettering.
(2) Sign colors and materials shall match those of the building or the “corporate colors.” Opaque or muted sign backgrounds are encouraged.
(3) No commercial signage shall occupy the pump island area. All instructional signs shall be architecturally integrated.
(4) Gasoline price signs shall be architecturally integrated with other signs or structures. (Ord. 3195 § 3 (Exh. A), 2021).
(1) No review is required for temporary signs, except for temporary signs requiring a temporary sign permit. All temporary signs shall conform to the following requirements:
(a) No temporary sign may be placed in a required parking space, driveway, or sight-distance triangle, pursuant to MMC 22C.010.240 and 22C.020.210.
(b) No temporary sign may be placed on city-owned property unless in conjunction with an approved special event permit, temporary sign permit, or other permission from the city.
(c) No temporary sign may be located upon or projecting over public streets, sidewalks, pedestrian paths, or bike paths except those of an official nature that are placed by a government agency for public safety purposes.
(d) No temporary sign may be placed in a traffic circle, roundabout, or median or in any storm water facility.
(e) Temporary general advertising signs are permitted only on the premises where the business, commodity, or activity being advertised is sold, offered, or conducted.
(f) Temporary signs in the city right-of-way placed outside the roadway shall comply with the following requirements:
(i) Location. Allowed only between the property line and the back of the nearest curb, or where no curb exists, between the property line and the nearest edge of the pavement. Signs may not be placed on sidewalks, driveways, or other paved areas designed for pedestrians or vehicular use.
(ii) Permission of the abutting landowner is required. The person, organization, or business placing the sign shall provide proof of the abutting landowner’s permission. If the person, organization, or business does not provide such proof in a form acceptable to the city, the sign may be removed from the right-of-way by the adjacent property owner or by the city.
(iii) Signs on stakes that can be manually pushed or hammered into the ground are allowed. All other signs are prohibited, unless specifically allowed by a right-of-way use permit.
(iv) Signs are limited to eight square feet total and six feet in height, from the ground to the top of the sign.
(v) Any temporary sign in the right-of-way that is dilapidated or a nuisance shall be removed by the person responsible for placement of the sign.
(vi) The city may allow other signs in a city right-of-way with approval of a right-of-way use permit.
(g) Residential Zones. Temporary signs may be placed on residentially zoned properties in accordance with the requirements of this section and the following:
(i) One temporary window sign per residential unit not to exceed eight square feet is allowed.
(ii) Freestanding signs, including post-mounted, stake, and portable signs are limited to eight square feet in size and six feet in height if the temporary sign is mounted in the ground, and not to exceed three feet in height if the sign is stake-mounted or portable.
(h) Nonresidential Zones. Temporary signs are allowed in nonresidential zones in accordance with the requirements of this section and the following:
(i) Window signs are limited to 25 percent of the window area.
(ii) Freestanding signs, including post-mounted, stake and portable signs are limited to eight square feet and six feet in height if the temporary sign is mounted in the ground, and not to exceed three feet in height if the temporary sign is stake-mounted or portable.
(iii) Surface-mounted signs are limited to 32 square feet and must be flatly affixed to walls or to on-site fences either facing the abutting street, or facing inward to the subject site.
(i) Temporary signs on large properties, either residential or nonresidential zones, of more than two acres may be of any type, and shall not exceed 32 square feet and up to eight feet above ground level. Such a sign allowed herein is in lieu of and shall not be displayed with or be in addition to any other temporary signs allowed by this section.
(j) The size of a temporary sign located in residential and nonresidential zones may be increased, subject to the director approving a temporary sign permit. In no case shall a temporary sign exceed 32 square feet.
(k) A temporary sign shall be promptly removed after the event for which it is intended by the person or organization that placed it. Ten days after the conclusion of the event the temporary sign relates to, the city may remove the sign from the right-of-way.
(l) Displays of banners, festoons, flags, posters, pennants, ribbons, streamers, strings of lights, balloons, and similar devices on a temporary sign are permitted for up to 30 consecutive days during a calendar year.
(2) Violations.
(a) Placing a temporary sign on private or public property without the permission of the landowner or placing a sign in the right-of-way without the permission of the abutting landowner is a violation under Chapter 4.02 MMC. When a sign identifies a person, organization, or business, there is a rebuttable prima facie presumption that the person, organization, or business placed the sign and committed the civil infraction.
(b) If the square footage of temporary signs placed on a parcel exceeds the limits permitted by this section, the owner of record will reduce the square footage to within the limits allowed by this section within three business days of being notified by the city. Notice mailed by the city is deemed effective three business days after being placed in the mail with sufficient postage. Failure to conform to the square footage limits within these timeframes is a violation under Chapter 4.02 MMC. Alternatively, a property owner may apply for a permit as a permanent sign.
(c) Any temporary sign that obstructs or impairs sight distance or access to a public sidewalk, public or private street or driveway, traffic control sign, bus stop, fire hydrant, structure, parked cars, bench or any type of street furniture, or otherwise creates a hazard is prohibited and may be removed by the city. Any temporary sign that mimics or is attached to a traffic control sign may be removed by the city. Any person who replaces a sign after notice that it was removed for any of these reasons or who refuses to remove a sign after notice that it violates this section commits a violation under Chapter 4.02 MMC.
(3) The city may remove any temporary sign within the right-of-way that violates any provision of this section. (Ord. 3296 § 7 (Exh. G), 2023; Ord. 3195 § 3 (Exh. A), 2021).
(1) All existing signs in the city that were legally permitted and are not in compliance with the requirements of this chapter upon the effective date of the ordinance codified in this chapter are considered nonconforming signs. Nonconforming signs shall be made to conform with the requirements of this chapter under the following circumstances:
(a) When any new sign for which a sign permit is required by this chapter is proposed to be installed on a business site where a nonconforming sign or signs are located, one nonconforming sign of similar type as the proposed sign shall be removed or brought into conformance with this chapter for each new sign installed on a business site. For example, one existing nonconforming freestanding sign would need to be removed or brought into conformance for each new freestanding sign installed on a business site. A business site shall be considered both single-tenant and multi-tenant complexes. In no case shall an applicant be permitted signage that exceeds the maximum signage allowed in this chapter.
(b) A sign is relocated, altered, replaced, or changed in any way, including the sign structure or conversion of fixed copy to an electronic message center. This provision does not include a change in the face of the sign or advertising copy, or the conversion of the manual display of gas prices to an electronic, static display of gas prices.
(c) A sign requires repairs beyond normal maintenance.
(d) Whenever the occupancy classification of a building is changed that results in an intensification of land use, as determined by the community development director.
(2) Normal maintenance such as cleaning, painting, light bulb replacement, or repair of broken placards, without any change in copy, is allowed so long as the repairs do not modify the sign structure or copy, or in any way structurally alter the sign. “Normal maintenance” does not include any of the items contained in subsection (1) of this section.
(3) All temporary and special events signs that do not conform to the requirements of MMC 22C.160.260 shall be removed within six months of the effective date of the ordinance codified in this chapter or, if located within an area being annexed to the city, within six months of the effective date of annexation, whichever is later. (Ord. 3195 § 3 (Exh. A), 2021).
(1) Compliance. Any legal nonconforming billboard sign located within the corporate limits of the city shall be discontinued and removed from the property pursuant to this section no later than three years from the date of adoption by ordinance.
(2) Notice. The city will provide written notice of the expiration of the amortization period, as noted in subsection (1) of this section, to the person, resident, or business responsible for such sign(s) at the last known address and to the owner of the property on which the sign is located. The city will utilize the tax assessor’s office to find the latest updated address for the property owner(s) in question. Such notice will be provided by mail, postmarked no later than nine months prior to expiration of the amortization period.
(3) Request for Consideration/Extension. The city has established the time period stated in subsection (1) of this section with the understanding that these time periods provide a reasonable time to recover the life expectancy of most signs. However, the city recognizes that there can be special or unusual circumstances that may fall outside of those parameters.
(a) Any person aggrieved by the imposition of the amortization clause may request review of the clause. The request for review shall be filed with the city not later than six months prior to the expiration of the amortization period. The review shall be heard by the hearing examiner. A fee will be charged based on the processing costs as provided in Chapter 22G.030 MMC.
(b) The aggrieved applicant has the burden of establishing the unreasonableness of the amortization period and must provide substantial evidence showing that the amortization period is unreasonable.
(c) The hearing examiner shall consider such things as lease obligations, remaining period of life expectancy of the nonconformance, depreciation, and the actual amount invested in the nonconforming sign.
(d) The hearing examiner shall consider the preservation and improvement of the city’s physical environment, natural amenities, and desirable characteristics of the city as asserted in the purpose of the city’s land use regulations as well as the goals and policies adopted in the city’s comprehensive plan. The hearing examiner may consider any combination of these legitimate public concerns.
(e) The hearing examiner shall conduct a balancing of interest, considering the interest and hardship as to the applicant, and whether the hardship to the applicant reasonably overbalances the benefit that the public would derive from the termination of the nonconformance. If, after careful consideration, the hearing examiner determines that the amortization period, as applied to the applicant’s nonconformance, would result in a greater hardship to the applicant than benefit to the public, the hearing examiner may extend the amortization period to a point in time when the balancing of interest would support the termination of the nonconformance. In no event should this amortization period be greater than three additional years.
(4) Annexations. Any legal nonconforming billboard on property annexed into the city at a later date shall be discontinued and removed within three years of the annexation or according to the annexation agreement established at the time of annexation. A three-year time extension may be approved by the hearing examiner, subject to the provisions contained in subsection (3) of this section. (Ord. 3195 § 3 (Exh. A), 2021).
(1) Purpose. A maximum 50 percent sign area bonus and a maximum 25 percent height bonus shall be allowed under any of the following circumstances:
(a) There are exceptional circumstances or conditions, such as location of existing structures, lot configuration, topographic or unique physical features, that apply to the subject property which prohibit sign visibility.
(b) New developments greater than 10 acres in size that wish to consolidate the allowable signage. A minimum of two signs will be required to be consolidated for a bonus consideration.
(c) Contiguous or multi-tenant properties sharing the same street frontage that wish to consolidate allowable signage. A minimum of two signs will be required to be consolidated for a bonus consideration.
(2) Procedures. A request for a bonus allowance may be granted by the community development director subject to the approval criteria outlined in subsection (3) of this section. Appeal or request for reconsideration of the director’s decision shall be made to the hearing examiner as an open record hearing in accordance with Chapter 22G.010 MMC, Article VIII, Appeals.
(3) Approval Criteria. A bonus will be approved if the community development director finds that the criteria below are met:
(a) The adjustment will not significantly increase or lead to street-level sign clutter, to signs adversely dominating the visual image of the area, or to a sign that will be inconsistent with the objectives of a subarea master plan or special overlay district.
(b) The adjustment will not create a traffic or safety hazard.
(c) The adjustment will allow a unique sign of exceptional design or style that will:
(i) Achieve a positive and tasteful image;
(ii) Have good legibility;
(iii) Exhibit technical competence and quality in design, construction, and durability, and have standard details uncluttered by wires, angles, or other elements that detract from the appearance;
(iv) Relate to architectural features rather than obscure or disregard building planes;
(v) Present a harmonious relationship to other graphics and street furniture in the vicinity;
(vi) Be of a size that is in scale with the setting, building, or structure where located; and
(vii) Avoid glare.
(4) Application Requirements. An applicant requesting a bonus allowance under the provisions of this chapter shall submit the following:
(a) A letter in memorandum form outlining how the request is consistent with the criteria of this subsection.
(b) A site plan that is accurately drawn to an engineered scale that includes the following information:
(i) Boundaries and dimensions of the site;
(ii) Location of buildings, parking areas and adjacent streets;
(iii) Graphic representations of all existing signs including their size, height and placement on the site;
(iv) Graphic representation of the proposed sign(s) subject to the request; and
(v) Building elevation showing the placement of the sign on that elevation, if applicable.
(5) Timing. The community development director or designee shall render a written decision on the requested bonus for outstanding design within 10 business days of submittal of all required elements and filing fee.
(6) Variance Required. Requests that exceed the 50 percent sign area bonus and 25 percent height bonus, those that do not comply with the purpose outlined in subsection (1) of this section, or those not related to allowable sign height or sign area shall be processed as a variance in accordance with MMC 22C.160.300. (Ord. 3195 § 3 (Exh. A), 2021).
Any person may apply for a variance from the requirements of this chapter. Sign variances shall be processed by the hearing examiner pursuant to the procedure set forth in Chapter 22G.060 MMC. Variance applications shall be processed pursuant to the review procedures outlined in Chapter 22G.010 MMC. A fee will be charged based on processing costs as provided for in Chapter 22G.030 MMC. In making any decision on a variance application, the permit authority must adopt findings of fact and conclusions based on those findings that address whether or not the application meets the following criteria for approval:
(1) The variance does not conflict with the purpose and intent of the sign regulations;
(2) The variance shall not constitute a grant of special privilege inconsistent with the limitation upon signage of other properties that have had to conform to the provisions of this chapter;
(3) There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that are not contemplated or provided for by this chapter;
(4) The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and
(5) The granting of such variance would not increase the number of signs allowed by this chapter or that would allow a type of sign that is prohibited by this chapter.
Conditions may be imposed upon the application as deemed necessary to ensure compatibility with this chapter. (Ord. 3195 § 3 (Exh. A), 2021).
Notwithstanding anything in this chapter to the contrary, noncommercial copy expressing a personal, political, or religious point of view may be substituted for commercial copy on any lawful sign structure. (Ord. 3195 § 3 (Exh. A), 2021).
This chapter provides standards so that mini-storage facilities uses can be appropriately sited in close proximity to residential zones. (Ord. 2852 § 10 (Exh. A), 2011).
Other uses on the site such as the rental of trucks or moving equipment must meet the use and development standards of the base zone, overlay zone, subarea or master plan. (Ord. 2852 § 10 (Exh. A), 2011).
Mini-storage facilities are permitted in the zones listed in MMC 22C.020.060 subject to the following conditions:
(1) The required setbacks are:
(a) Street setback: 15 feet;
(b) Interior setback: 10 feet.
(2) Parking and internal drives are prohibited in setback areas.
(3) The accesses are required to be gated and monitored at all times. (Ord. 2852 § 10 (Exh. A), 2011).
The following exterior design requirements apply to mini-storage facilities:
(1) Architectural Features. Architectural features are to be consistent with the character of the surrounding neighborhood. The following are minimum standards:
(a) Minimum roof pitch is 4:12 for buildings with less than three floors.
(b) Exterior vertical surfaces require 50 percent of the area to be materials such as decorative brick veneer, stone, stucco, textured block, and other materials which reflect residential design elements.
(c) Unique architectural features such as towers, turrets and pergolas are subject to the standards of this subsection. An applicant is required to demonstrate that the proposed architectural features are consistent with the neighborhood character.
(d) Access points, except for emergency access, may not be from a local access street; provided, that when a conditional use permit is required, the city may allow access from a local street if it determines traffic will not be disruptive to residential uses.
(e) Fencing is required to be low-maintenance material and articulation at intervals no greater than 20 feet. Chain-link fencing is not permitted.
(f) Display and floodlighting is required to be constructed, shielded and used so as not to directly illuminate, or create glare visible from, adjacent property or public right-of-way.
(g) A building or series of buildings parallel with and adjacent to residentially zoned or developed property or street frontage must have staggered setbacks for every 50 feet of lineal development. The setbacks shall be stepped back or projected forward at intervals to provide a minimum of 40 percent facade modulation. The minimum depth of modulation should be four feet, and the minimum width should be eight feet. There must be at least 10 feet of separation between buildings.
(h) Where allowed as a conditional use in the CB and GC zones, the following regulations shall apply:
(i) Outdoor storage of trucks, boats, recreational vehicles or other types of vehicles or equipment is permitted subject to the following standards:
(A) Outdoor storage areas are not visible from abutting properties or public right-of-way through the use of buildings, or other method of solid screening; and
(B) The area devoted to outdoor storage is less than 50 percent of the footprint of the storage building(s).
(ii) Buildings shall have a minimum height of three floors, except in the following circumstances:
(A) When there is more than one building, only buildings located within 50 feet of a public street shall have a height of three floors; or
(B) The city may allow less than three floors if the applicant proposes an architectural and landscape design quality that is superior to what is otherwise required by development standards and design guidelines applicable to a building containing three floors. To determine if the quality is superior, the scale and design of the building, exterior building materials and landscaping treatment proposed must be comparable to what would be required for a retail or office building. The city shall take into consideration compatibility of the proposed design with existing development, or the likely future development, of surrounding properties.
(2) Landscaping and Screening. The following landscaping and screening requirements apply to all mini-storage facilities:
(a) All setback areas shall be landscaped with a variety of trees, shrubs and ground cover plants consistent with L2 landscaping as defined under Chapter 22C.120 MMC, Landscaping and Screening.
(b) A solid wall, a screening fence or a combination of both achieving a perimeter screening to a minimum of six feet in height is required and shall be located so that a minimum of 75 percent of the landscaping area is outside the fence. (Ord. 3180 § 2 (Exh. A), 2021; Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter is to allow for residential accessory structures to be established which are incidental to the primary residential use of a single-family residence or middle housing residence, while ensuring compatibility with surrounding residential uses. The accessory structure must be clearly subordinate to the primary use. Accessory structures or uses may not be established until the principal structure is constructed on the property. (Ord. 3367 § 1 (Exh. A), 2025; Ord. 3351 § 5 (Exh. A), 2025).
In the zones in which a residential accessory structure is listed as a permitted use, the community development director or designee shall review all proposals for accessory structures. The following standards and regulations shall apply to all proposed accessory structures.
(1)
Front setback | See MMC 22C.010.080 for standard lots and MMC 22G.080.080 for PRD lots. |
Side setback | 5 feet |
Side street setback | 10 feet along nonarterials; 15 feet along arterials |
Rear yard setback 1, 2, 3 | 5 feet (one-story structure); 10 feet (when the entrance faces the rear yard or for two-story or greater structure in PRDs); 15 feet (two-story structure or when accessory structure entrance faces an alley with right-of-way less than 10 feet wide) 4 |
Building and impervious coverage | See MMC 22C.010.080 for standard lots or MMC 22G.080.080 for PRD lots |
Accessory structure footprint 5 | On lots under one acre, accessory structures are further limited to 80 percent of the footprint of the primary residence. 6 |
Height | 20 feet (lots under one acre) 6; or 30 feet (lots over one acre, or lots under one acre where the accessory structure contains an accessory dwelling unit) |
1 Accessory structures in planned residential developments are subject to the rear yard setbacks set forth in MMC 22G.080.080. 2 No more than 50 percent of the required rear setback area (i.e., back 20 feet of the lot) may be covered with accessory structures. 3 An accessory structure which is located in the rear setback area may be attached to the principal structure; provided, that no portion of the principal structure is located within the required yard setbacks for principal structures in the zone. 4 The increased alley setback applies to vehicle access points from garages, carports, fenced parking areas or other accessory structure. Exception: in the downtown neighborhood, the rear setbacks outlined in the table above may be reduced to two feet from the rear lot line; provided, that the alley right-of-way is a minimum of 20 feet in width. Where the alley right-of-way is less than 20 feet in width, the property owner shall be required to dedicate to the city sufficient property to widen the abutting alley to the full width as measured from the design centerline, to conform to the applicable road standards specified by the city engineer. Upon dedication of the necessary right-of-way, the rear setback may be reduced to two feet from the rear lot line. Where an existing, nonconforming structure located in the downtown neighborhood is internally remodeled to include an accessory dwelling unit, but the footprint of the structure is not increased, the structure can be allowed to remain at a zero setback; provided, that the right-of-way is 20 feet in width. 5 The community development director is specifically authorized to allow an increase in the size of a detached accessory structure over the requirements outlined in this table; provided, that the accessory structure(s) shall be compatible with the principal structure and/or neighborhood character. To make this determination, the community development director may consider such factors that include, but are not limited to, view obstruction, roof pitch, building materials, screening and landscaping, aesthetic impact on surrounding properties and streetscape, incompatible scale with dwellings on surrounding properties, and impact on neighborhood character. The community development director shall also have the authority to impose greater setback requirements, landscape buffers, or other locational or design requirements to mitigate the impacts of accessory structures which are greater in size than otherwise allowed by this section. 6 The community development director may allow minor deviations to the 20-foot height and the 80 percent building footprint limitations applicable to properties under one acre as necessary to accommodate industry standards for building dimensions. | |
(2) A detached garage, carport or other permitted accessory structure may be in the front or side yard, or on the flanking street side of a corner lot, only if the applicant demonstrates to the satisfaction of the community development director that:
(a) The accessory structure is consistent with the architectural character of the residential neighborhood where it will be located, and the principal structure on the lot; and
(b) The accessory structure shall have a roof pitch similar to the principal structure and have siding and roofing materials similar to or compatible with those used on the principal structure. No metal siding or roofing shall be permitted unless it matches the siding and roofing of the principal structure, or unless it is a building material that is of a residential character such as metal tab roofing or other products consistent with standard residential building materials. Plans for the proposed accessory structure(s) indicating siding and roofing materials shall be submitted with the application. (Ord. 3367 § 1 (Exh. A), 2025; Ord. 3351 § 5 (Exh. A), 2025).
The purpose of this chapter is to allow for accessory dwelling units to be established which are incidental to the primary residential use of a single-family residence or middle housing residence, while ensuring compatibility with surrounding residential uses. The accessory dwelling unit(s) must be clearly subordinate to the primary use. Accessory dwelling units may not be established until the principal residence is constructed on the property. (Ord. 3367 § 2 (Exh. B), 2025; Ord. 3351 § 6 (Exh. B), 2025).
In the zones in which an accessory dwelling is listed as a permitted use, the community development director or designee shall review all proposals to establish an accessory dwelling unit. The following standards and regulations shall apply to all proposed accessory dwelling units:
(1) On each lot developed with a single-family residence, accessory dwelling units may be constructed subject to the standards set forth in Table 1 below. An accessory dwelling unit may not be located on a lot on which a temporary dwelling, as defined in Chapter 22C.110 MMC, is located.
Principal Dwelling Unit(s) | Single-Family Residence | Middle Housing |
|---|---|---|
Number of accessory dwelling units allowed per lot 1 | Two | Two if the lot allows for a density of four dwelling units per lot pursuant to MMC 22C.010.080. Note: The accessory dwelling unit(s) apply to the total allowed unit density for the lot. |
Owner occupancy requirement for principal dwelling or accessory dwelling units | None | |
Allowed accessory dwelling unit configurations | (a) One attached unit and one detached unit; (b) Two attached units; or (c) Two detached units, which may be comprised of either one or two detached structures. | |
Use as short-term rental | Prohibited | |
Minimum size per accessory dwelling unit 2 | 200 SF gross floor area | |
Maximum size per accessory dwelling unit 2, 3 | 1,000 SF gross floor area or 50 percent of the total floor area of the single-family residence, whichever is greater; provided, that in no case shall an accessory dwelling unit exceed 1,400 square feet 1 | |
Maximum bedrooms per accessory dwelling unit | Two | |
Front setback 4 | See MMC 22C.010.080 for standard lots and MMC 22G.080.080 for PRD lots. | |
Side setback 4 | Five feet | |
Side street setback 4 | 10 feet along nonarterials; 15 feet along arterials | |
Rear yard setback 4 | 15 feet; provided, that the rear yard setback may be reduced to 10 feet for one-story structures, or for structures located in a PRD 5 | |
On-lot structure separation | A minimum of five feet of separation is required between structures. A five-foot-wide paved pathway that is free of obstructions must also be provided between the front entrance of the accessory dwelling unit and the property line from which the property is addressed to ensure adequate access for emergency services. | |
Building and impervious coverage 4 | See MMC 22C.010.080 for standard lots and MMC 22G.080.080 for PRD lots. | |
Height | 30 feet | |
Parking 6 | See parking for middle housing in MMC 22C.130.030, Table 1. | |
1 On any lot that meets the minimum lot size required for the principal dwelling unit. 2 Floor areas shall be exclusive of garages, porches, or unfinished basements. 3 The community development director is authorized to allow an accessory dwelling unit greater than the maximum size limit in the following circumstances: (a) For an attached accessory dwelling unit within an existing structure, when a denial of such an increase would result in an unreasonable division of interior space between the ADU and the primary residence; (b) An existing residence is converted to an accessory dwelling unit, provided the size of the existing residence to be converted does not exceed 100 square feet more than the allowance for a new accessory dwelling unit; or (c) A minor revision is needed to accommodate industry standards for building dimensions. 4 Existing structures, including but not limited to detached garages, may be converted to accessory dwelling units, even if they do not comply with current code requirements for setbacks or building coverage. 5 Detached accessory dwelling units may be built at a lot line, if the lot line abuts a public alley. 6 No parking areas other than driveways may be in front yards. When the property abuts an alley, parking areas must be accessed from the alley. | ||
(2) The architectural character of the single-family dwelling shall be preserved. Exterior materials, roof form, and window spacing and proportions shall match that of the existing single-family dwelling. In no case shall a detached accessory dwelling unit have axles or be on a chassis.
(3) The city may not prohibit the sale or other conveyance of a condominium unit independently of the principal structure solely on the grounds that the condominium unit was originally built as an accessory dwelling unit.
(4) The provisions of this section do not apply to portions of lots designated with critical areas or their buffers as designated in RCW 36.70A.060, or to lots in 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)).
(5) In addition to the conditions that may be imposed by the community development director, all accessory dwelling units shall also be subject to the condition that the use shall be discontinued if:
(a) The accessory dwelling unit is substantially altered and no longer conforms with the plans approved by the community development director and the building official; or
(b) The subject lot ceases to maintain the required parking spaces outlined in MMC 22C.130.030, Table 1.
If the deficiencies outlined in subsections (5)(a) and (5)(b) of this section are remedied, the community development director may allow the use to be reestablished. (Ord. 3367 § 2 (Exh. B), 2025; Ord. 3351 § 6 (Exh. B), 2025).
The purpose of this chapter is to allow small scale commercial occupations incidental to residential uses to be located in residences while guaranteeing all residents freedom from excessive noise, traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential neighborhoods. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Home occupations are permitted as an accessory use to the residential use of a property only when all of the following conditions are met:
(a) The total area devoted to all home occupation(s) shall not exceed 25 percent of the floor area of the dwelling unit or 600 square feet, whichever is less. When middle housing is constructed on the lot, one home occupation is permitted per dwelling unit;
(b) The home occupation may be located in the principal dwelling or in an accessory structure. If located in an accessory structure, the area devoted to the occupation, as described in subsection (1)(a) of this section, shall be based upon the floor area of the dwelling only; provided, that the cumulative square footage devoted for all home occupations in detached structures shall not exceed 600 square feet per lot or parent lot;
(c) Not more than one person outside of the family shall be employed on the premises per home occupation;
(d) The home occupation shall in no way alter the normal residential character of the premises;
(e) The home occupation(s) shall not use electrical or mechanical equipment that results in:
(i) A change to the fire rating of the structure(s) used for the home occupation(s);
(ii) Visual or audible interference in radio or television receivers, or electronic equipment located off premises; or
(iii) Fluctuations in line voltage off premises;
(f) No equipment or material may be stored, altered or repaired on any exterior portion of the premises;
(g) Sales shall be limited to merchandise which is produced on the premises and/or mail order, internet and telephone sales with off-site delivery;
(h) Services to patrons shall be arranged by appointment or provided off site;
(i) The home occupation(s) may use or store a vehicle for pickup of materials used by the home occupation(s) or the distribution of products from the site, provided:
(i) No more than one such vehicle shall be allowed;
(ii) Such vehicle shall not park within any required setback areas of the lot or on adjacent streets; and
(iii) Such vehicle shall not exceed a manufacturer’s gross vehicle weight in excess of 16,000 pounds, a length in excess of 20 feet, or a width in excess of eight feet;
(j) Signs in connection with the home occupation shall comply with the restrictions of MMC 22C.160.150(9);
(k) No sales or services will be conducted on the premises which will generate more than 10 average daily round trips per day by customers.
(2) A home occupation permit issued to one person shall not be transferable to any other person, nor shall a home occupation permit be valid at any other address than the one listed on the permit.
(3) In granting approval for a home occupation, the reviewing official may attach additional conditions to ensure the home occupation will be in harmony with, and not detrimental to, the character of the residential neighborhood.
(4) Any home occupation authorized under the provisions of this chapter shall be open to inspection and review at all reasonable times by enforcement officials for purposes of verifying compliance with the conditions of approval and other provisions of this title.
(5) The community development director shall have authority to administratively grant a minor modification to the standards listed in subsections (1)(a) and/or (1)(c) of this section, provided the use is consistent with the purposes of this chapter and will be operated in harmony with the character of a residential neighborhood. Minor modifications shall be limited to the home occupations standards in subsections (1)(a) and (1)(c) of this section, provided they create no significant impacts to the residential neighborhood. The community development director is authorized to approve minor modifications only in cases of unique circumstances such as large property acreage, remote site access or site location, or small scale of use, when these circumstances ensure the commercial operation remains incidental to the dwelling and in no way alters the normal residential character of the premises. No variance shall be granted which would be detrimental to public health, welfare or environment. (Ord. 3366 § 85 (Exh. GGGG), 2025; Ord. 3352 § 88 (Exh. GGGG), 2025; Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter is to facilitate unobtrusive day care I facilities, which include family day care homes, adult day cares and adult family care uses, within a residence when such facility is accessory to the residential use while guaranteeing all residents freedom from excessive noise, traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential neighborhoods. (Ord. 2852 § 10 (Exh. A), 2011).
The following restrictions apply to day care I facilities:
(1) Home day care and adult family care facilities shall meet the state licensing requirements, including those pertaining to building, fire safety and health codes. A copy of the required state license, if applicable, shall be furnished by the applicant with the business license application.
(2) There shall be no change in the outside appearance of the residence, other than one flat, unlighted sign, not exceeding six square feet, mounted flush against the building.
(3) Where outdoor recreation facilities are provided for children in day care facilities, they shall be screened by a fence at least four feet high where abutting residentially zoned property.
(4) The facility shall provide a safe passenger loading area.
(5) The day care provider shall provide written notification to immediately adjoining property owners of the intent to locate and maintain a facility. (Ord. 2852 § 10 (Exh. A), 2011).
A day care I permit is required, subject to the following conditions:
(1) A day care I permit issued to one person shall not be transferable to any other person; nor shall a day care I permit be valid at any other address than the one listed on the permit.
(2) In granting approval for a day care I, the community development director, or designee, may attach additional conditions to ensure the use will be in harmony with, and not detrimental to, the character of the residential neighborhood.
(3) Any day care I authorized under the provisions of this chapter shall be open to inspection and review at all reasonable times by enforcement officials for purposes of verifying compliance with the conditions of approval and other provisions of this title. (Ord. 3366 § 86 (Exh. HHHH), 2025; Ord. 3352 § 89 (Exh. HHHH), 2025; Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter is to allow for small scale commercial lodging in residential or commercial areas, and establishing performance standards to ensure compatibility when being conducted in residential neighborhoods. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Where bed and breakfast inns and bed and breakfast guesthouses are allowed in the same zone, only one or the other of these facilities may be located on a subject property at the same time. An approved bed and breakfast guesthouse may be expanded to a bed and breakfast inn if a conditional use application for an inn is obtained and the original permit for the guesthouse is vacated.
(2) Submittal plan requirements to accompany a conditional use application:
(a) Site Plan Requirements. The site plan shall indicate the location of the off-street parking, proposed screening, the location and size of the bed and breakfast inn, and any proposed new construction to the premises, including additions, remodeling and/or outbuildings.
(b) Architectural Requirements. For new construction only, the following shall apply:
(i) The applicant shall submit proposed architectural drawings and renderings of the proposed structure, including exterior elevations, which shall project a residential rather than a commercial appearance. This architectural documentation shall be in sufficient detail to demonstrate discernible compatibility between the new construction and the existing on-site development and structures; provided further, the applicant also shall document a design which, in scale and bulk, is in keeping with existing buildings on adjacent properties and compatible with the surrounding character and neighborhood in which the guesthouse or inn is located.
(ii) If an outbuilding or outbuildings are proposed, a grading plan, showing the extent of clearing activity, is required. Site design shall be sensitive to the natural features of the site. The use of manufactured and mobile homes is prohibited.
(c) Screening. The owner/operator shall provide screening with shrubs, trees, fencing and other suitable materials as necessary to minimize the impacts upon the residential character of the surrounding neighborhood.
(d) Floor Plan. The floor plan shall indicate bathrooms to be used by guests and the location and number of guest rooms.
(3) Minimum Performance Standards.
(a) Parking requirements shall be in accordance with Chapter 22C.130 MMC, Parking and Loading. No on-street parking shall be allowed.
(b) Meal service shall be limited to overnight guests of the establishment. Kitchens shall not be allowed in individual guest rooms.
(c) The owner shall operate the facility and reside on the premises.
(d) Business identification and advertising signs shall comply with Chapter 22C.160 MMC, Signs.
(e) The bed and breakfast establishment shall be conducted in such a manner as to give no outward appearance nor manifest any characteristics of a business, except as to the allowed signage, that would be incompatible with the ability of the neighboring residents to enjoy peaceful occupancy of their properties.
(f) Guests shall be permitted to stay at the establishment for not more than 10 consecutive days at a time.
(g) The applicant shall comply with all applicable city codes for fire, health and building requirements and any applicable food service regulations and on-site sewage disposal requirements of the Snohomish health district.
(h) If three or more guest rooms are proposed, the applicant shall also meet state requirements for a “transient accommodation license,” as required by Chapter 70.62 RCW, as now written or hereafter amended.
(i) Bed and breakfast houses shall be permitted where indicated by the permitted use table for individual zones and within homes on the National or State Historic Register in any zone. (Ord. 2852 § 10 (Exh. A), 2011).
This chapter is intended to provide for developments that incorporate a variety of housing, care options, and related uses for senior citizens. Developments may consist of individual lots or may have common building sites. It is further intended that commonly owned land be related to and preserve the long-term value of the development. This chapter is not intended to be used for the development of a single use or housing type, which would otherwise be permitted in other zones under the regular zoning provisions.
In addition, the purpose of this chapter is as follows:
(1) To allow the development of unique communities in residential, commercial and public/institutional zones that are designed to accommodate the increased housing needs of senior citizens and disabled persons, through the provision of a variety of housing types, services and continuum of care, including independent senior housing, assisted living and nursing care, as well as recreation, dining and on-site medical facilities and services.
(2) To encourage long-time Marysville residents to remain in the community.
(3) To encourage/implement active aging strategies within senior communities.
(4) To ensure that the requirements of the Americans with Disabilities Act (ADA) and universal design principles are incorporated within senior communities.
(5) To ensure that affordable and special needs housing opportunities are dispersed throughout the city, not concentrated.
(6) To permit higher densities for senior housing that provides amenities and services.
(7) To assist in meeting Snohomish County Tomorrow fair share housing allocation targets for special needs housing and services. (Ord. 2852 § 10 (Exh. A), 2011).
An applicant may request to utilize the master planned senior community provisions if the site meets the site qualification criteria of this chapter and concurrently utilizes a land division process or a commercial/multifamily site plan. (Ord. 2852 § 10 (Exh. A), 2011).
A master planned senior community (MPSC) may be established at a particular location if the following site qualifications are met:
(1) The site development must incorporate a range of housing and care options for seniors, including a mix of independent senior housing, senior assisted living and nursing facilities. At the discretion of the community development director, a development providing for a range of care types, but not necessarily all of those listed in this subsection, may be permitted, subject to satisfactory demonstration by the applicant that the resulting community meets the intent and purpose of these regulations.
(2) The site must be served by adequate public facilities, including public sewers, water supply, roads and other needed public facilities and services.
(3) The site must have close proximity to existing or planned services.
(4) The site shall be a minimum of 20 units, with at least 50 percent of all units in the community being senior apartments/multifamily, assisted living or nursing home/convalescent care units or beds. (Ord. 2852 § 10 (Exh. A), 2011).
The following uses are permitted in master planned senior communities:
(1) Age-restricted, independent housing, attached or detached.
(2) Age-restricted, independent apartments, townhomes or condos (multifamily units).
(3) Senior citizen assisted living dwelling units/facilities.
(4) Convalescent, nursing, and rest homes.
(5) Accessory uses. Services and businesses that serve the residents of the senior community, including recreational, educational, health, personal, professional and business services and retail stores, shall be permitted. In residential zones, these uses shall be sized for and used solely by residents of the community. Such uses shall be integrated with the units and oriented towards the interior of the project; no signs or other evidence of business facilities shall be visible from the periphery of the community. (Ord. 2852 § 10 (Exh. A), 2011).
The master planned senior community review and approval process shall occur concurrently with the underlying land use action. The decision-making authority for the underlying land use action shall also be the decision-making authority for the MPSC.
(1) Site Plan. A site plan meeting the requirements of this chapter, Chapters 22C.010 and 22C.020 MMC, and, when applicable, Chapters 22G.090 and 22G.100 MMC shall be submitted with all applications for an MPSC. The site plan may be approved, approved with conditions, or denied by the city. Specific development regulations may be modified in accordance with this chapter, and special requirements may be applied to the property within the MPSC. Modifications and special requirements shall be specified in the approval and shown on the approved site plan.
(2) Decision Criteria. It is the responsibility of the applicant to demonstrate the criteria in this subsection have been met. The city may place conditions on the MPSC approval in order to fulfill the requirements and intent of the city’s development regulations, comprehensive plan, and subarea plan(s). The following minimum criteria must be met for approval to be granted:
(a) Consistency with Applicable Plans and Laws. The development will comply with all applicable provisions of state law, the Marysville Municipal Code, the comprehensive plan, and any applicable subarea plan(s).
(b) Public Facilities. The community shall be served by adequate public facilities, including streets, bicycle and pedestrian facilities, fire protection, water, storm water control, sanitary sewer, and parks and recreation facilities.
(c) Perimeter Design. The perimeter of the master planned senior community shall be compatible in design, character, and appearance with the existing or intended character of development adjacent to the subject property and with the physical characteristics of the subject property.
(d) Streets, Sidewalks and Parking. Existing and proposed streets and sidewalks within the development shall be suitable and adequate to carry anticipated motorized and pedestrian traffic within the proposed project and in the vicinity of the subject property. Adequate parking shall be provided to meet or exceed the applicable requirements of the Marysville Municipal Code.
(e) Landscaping shall be provided for public and semi-public spaces and shall integrate them with private spaces. Landscaping shall create a pleasant streetscape and provide connectivity between homes, facilities, and common areas, using trees, shrubs and ground cover throughout the development and providing for shade and visual relief while maintaining a clear line of sight throughout the public and semi-public spaces.
(f) Maintenance Provisions. A means of maintaining all common areas, such as a homeowner’s association, shall be established, and legal instruments shall be executed to provide maintenance funds and enforcement provisions.
(3) Amendments. An approved MPSC may be amended in accordance with the applicable provisions of the Marysville Municipal Code.
(4) Duration of Approval. The duration of approval for an MPSC shall be the same as the underlying land use action, plat, or binding site plan.
(5) Compliance. Any use of land which requires MPSC approval, as provided in this chapter, and for which approval is not obtained, or which fails to conform to an approved MPSC and final site plan, constitutes a violation of this title. (Ord. 2852 § 10 (Exh. A), 2011).
All MPSCs shall be subject to site plan approval as provided in this chapter. The following are minimum requirements for the site plan and supplemental application materials:
(1) A site plan drawing, showing property dimensions and boundaries, existing and proposed topography, critical areas, proposed access to the site, size and shape of all building sites and lots, and location of all building pads and open space areas;
(2) A written explanation of the desired age restriction for the community;
(3) Calculation of total project land area and net project density;
(4) The total number of proposed dwelling units/beds and a description of the housing type for each such unit;
(5) Existing development within 200 feet of the site;
(6) The existing edge and width of pavement of any adjacent roadways and all proposed internal streets, off-street parking facilities, driveway approaches, curbing, sidewalks or walkways, street channelization and type of surfaces;
(7) Landscaping plan, including plant locations and species size at planting, together with location and typical side view of perimeter fencing or berms, if any;
(8) Plans for all attached dwellings, multiple-family dwellings and assisted living and nursing facilities, and related improvements, to a scale of not less than one inch to 50 feet, showing typical plot plans for each such building, including location of building entrance, driveway, parking, fencing and site screening, and typical elevations of each type of building, including identification of exterior building materials, and roof treatment;
(9) Plans for signing and lighting, including typical side view of entrance treatment and entrance signs;
(10) The location of all solid waste collection points, proposed meter locations, water mains, valves, fire hydrants, sewer mains, laterals, manholes, pump stations, and other appurtenances;
(11) Conceptual drainage plans demonstrating feasibility of the proposed facilities;
(12) Project staging or phases, if any;
(13) Draft restrictive covenants including provisions to address enforcement of age restrictions, parking, ongoing maintenance of open space, recreation facilities and common areas;
(14) Design analysis to demonstrate the relationship of the development to surrounding land uses, with cross sections, renderings or elevation drawings showing the scale and character of the development;
(15) Descriptions of the design features and general size and layout of the proposed dwellings to demonstrate their appropriateness for the age-restricted population. The material submitted must indicate how the use of universal design features will make individual dwelling units adaptable to persons with mobility or functional limitations and how the design will provide accessible routes between parking area, sidewalks, dwelling units, and common areas; and
(16) Such additional information as the city may deem necessary. (Ord. 3057 § 7, 2017; Ord. 2852 § 10 (Exh. A), 2011).
At least one household member must be 55 years of age or older. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Existing amenities (e.g., views, mature trees, etc.) that are unique to the site should be preserved and incorporated into the project’s design whenever possible.
(2) When an MPSC project adjoining residential and commercial uses can mutually benefit from connection rather than separation, appropriate connective elements (e.g., walkways) should be provided.
(3) The site shall be designed and developed utilizing crime prevention through environmental design (CPTED) principles as set forth in MMC 22C.010.290 and 22C.020.250.
(4) Building Design and Layout.
(a) Development of the site is subject to compliance with development standards outlined in Chapters 22C.010 and 22C.020 MMC.
(b) When a master planned senior community is located within, or adjacent to, single-family residential zones and is, or may be, surrounded by traditional single-family development, the community shall be designed and developed to be consistent with a single-family residential environment. Larger scale (i.e., multi-unit buildings, nursing care facilities) buildings shall be located on the site to least impact surrounding single-family uses and to create a consistent streetscape that is in the desired character for a residential area.
(c) When a master planned senior community is located within, or adjacent to, commercial or multifamily zones and is or may be surrounded by traditional commercial or multifamily development, any multi-unit buildings and nursing care facilities on the site shall be placed to consider the visual continuity between the proposed and existing adjacent development with respect to building setbacks and placement of structures to create a consistent streetscape.
(d) Multiple buildings in a single project should provide a functional relationship with one another to achieve a sense of place by use of the following techniques:
(i) Cluster buildings around open space areas or courtyards, not parking lots.
(ii) Provide open space areas and courtyards with landscaping and other pedestrian amenities.
(iii) Provide convenient pedestrian circulation between buildings, open space, and parking areas.
(iv) Link buildings together visually, using such elements as trellis structures, arcades, and/or enhanced paving.
(v) Where feasible and desirable, locate buildings near public streets, thus creating a strong presence thereon.
(5) Building and Unit Design. Universal design (also known as “aging in place”) is a method of design that seeks to create development that can be used by everyone, regardless of age or physical condition. All projects shall implement, at minimum, the following universal design principles:
(a) No-step entries.
(b) One-story living such that an eating area, bathroom, and sleeping area are available on the same floor.
(c) ADA accessible doors, hallways and bathrooms.
(d) Room thresholds that are flush.
(e) Adequate lighting throughout the dwelling unit.
(6) Architectural Style and Design Guidelines. Multifamily and nursing/assisted living facilities shall comply with MMC 22C.010.290 and 22C.020.250. Detached single-family residences and middle housing shall comply with MMC 22C.010.310.
(7) Utility and Mechanical Equipment.
(a) All mechanical equipment shall be architecturally screened from view.
(b) Utility equipment (e.g., electric and gas meters, electrical panels, and junction boxes) should be located in utility rooms within the structure or utility cabinets with exterior access.
(8) Solid Waste and Recycling. Developments shall provide storage space and collection points for solid waste and recyclables in accordance with Chapter 7.08 MMC, MMC 22C.010.370 and 22C.020.320.
(9) Parking and Circulation.
(a) Project entries should provide the resident and visitor with an overview of the project through either an easy visual assessment (in smaller projects) or by providing signage or placards that illustrate the circulation, parking, building, and amenity layout of the project.
(b) The principal vehicular access should be through an entry drive rather than a parking aisle, when possible. Colored, textured paving treatment at entry drives together with lush landscaping is strongly encouraged.
(c) The number of required off-street parking stalls shall be in accordance with MMC 22C.130.030. The community development director may approve alternative parking requirements upon satisfactory demonstration by the applicant that the site will have adequate parking to serve all proposed uses and/or that the community is located within walking distance of a neighborhood center that offers a variety of services and a safe walking route is provided.
(d) If parking is not attached to the residential structures, covered carports and dispersed parking courts are the desired alternative.
(e) A parking court should not consist of more than two double-loaded parking aisles (bays) adjacent to each other.
(f) Carports should provide no more than five parking spaces within each structure. The structures should be constructed with material consistent with those used in building construction.
(g) All parking standards identified in Chapter 22C.130 MMC, Parking and Loading, shall apply, except as may be specified herein.
(10) Pedestrian Access.
(a) Drop-off points should be provided at major building entries and plaza areas.
(b) The project should be designed to minimize the need for pedestrians to cross parking aisles and landscape islands to reach building entries.
(c) Stamped or painted concrete walkways should be provided in areas where it is necessary for pedestrians to cross drive or parking aisles.
(d) All projects shall provide a clear connection between the on-site pedestrian circulation system and the off-site public sidewalk.
(11) Landscaping. Landscaping shall comply with Chapter 22C.120 MMC, Landscaping and Screening, except as may be specified herein.
(12) Public Transportation Amenities.
(a) A sheltered bus stop with a canopy provided with architecture consistent with the project shall be provided, if required in coordination with local transit agencies.
(b) In cases when a public bus stop is, or may be in the future, located within the frontage of a proposed site, a bus stop or cover shall be provided.
(13) On-Site Common Recreational Facilities.
(a) Recreational amenities shall be appropriately distributed throughout the community. Such facilities shall consist of open or enclosed areas for residents of the community to congregate for recreation and leisure. Structures with multiple-family style dwelling units (i.e., independent senior housing apartment units, assisted living dwelling units, etc.) shall provide open space or active or indoor recreation space consistent with the following chart:
Type of Dwelling Unit | Outdoor Open Space | Active Outdoor or Indoor Recreation Facility |
|---|---|---|
(a) Studio and one bedroom | 90 square feet per unit | 45 square feet per unit |
(b) Two bedroom | 130 square feet per unit | 65 square feet per unit |
(c) Three or more bedroom | 170 square feet per unit | 85 square feet per unit |
(b) The following standards shall be utilized for outdoor recreational facilities:
(i) The design and orientation of these areas should take advantage of available sunlight and should be sheltered from the noise and traffic of adjacent street or other incompatible uses.
(ii) Each outdoor open space area should have a focal point. The focal point may consist of, but need not be limited to, water fountains, landscape planters, monuments, waterways, view points, artwork, trellises or gazebos. The focal point of all open space areas shall complement one another by maintaining a common theme, consistent furnishing, and signage.
(iii) On-site outdoor recreation space shall:
(A) Be of a grade and surface suitable for recreation;
(B) Be one continuous parcel if less than 3,000 square feet in size;
(C) Have no dimension less than 30 feet (except trail segments);
(D) Be situated and designed to be visible from adjacent buildings and uses on site; and
(E) Be accessible and convenient to all residents within the development.
(iv) The required amount of on-site common recreation space may be reduced by the community development director, if it is demonstrated that the facilities provided on site will offer residents with exceptional opportunities to participate in active aging (i.e., physical activity programs, trails, tennis courts, swimming pools, or other amenities deemed appropriate), and/or if it is demonstrated that the community is located within walking distance of a pedestrian-friendly neighborhood center and a safe walking route is provided.
(14) Private Open Space. Each single-family detached, townhouse, or middle housing dwelling unit shall be provided a private open space area, free and clear of any attached or detached accessory structures, as follows:
(a) Each unit shall be provided 100 square feet of private yard with a minimum interior dimension of 10 feet.
(b) The required amount of private open space may be reduced by the community development director as provided in subsection (13)(b)(iv) of this section.
(15) Covenant and Duration. An agreement in a form approved by the city must be recorded on the property requiring that the provisions of this chapter, including age restrictions and site plan approval, be maintained for the life of the project. The agreement shall be recorded prior to building permit issuance. This agreement shall be a covenant running with the land, binding on the assigns, heirs and successors of the applicant. (Ord. 3366 § 87 (Exh. IIII), 2025; Ord. 3352 § 90 (Exh. IIII), 2025; Ord. 2852 § 10 (Exh. A), 2011).
The city’s standard development regulations shall be modified for a master planned senior community as provided in this section.
(1) Density and Dimensions. The standard dimensional regulations shall apply to all lots and development in a master planned senior community, except as specifically modified below and as provided in the design review standards in Chapters 22C.010, 22C.020 and/or 22G.080 MMC. The density permitted is modified as follows:
(a) Modified Density Standards:
| Residential Zones | Commercial Zones |
|---|---|---|
Maximum Density: Dwelling Unit/Acre | As per the underlying zone plus 20%; provided the NR-4.5 zone is capped at 10 units/acre and the NR-6.5 zone is capped at 12 units/acre | None |
(b) When projects are proposed on sites that encompass multiple zones, the density built on each zone will be limited to that of the underlying allowed density for each zone.
(2) Maximum Building Height. Outside of the downtown neighborhood, buildings or portions of buildings located within 50 feet of a property that is zoned single-family, or where the predominant adjacent use is single-family, shall be limited to a maximum height of 30 feet.
(3) Street Standards. When multiple detached single-family or middle housing units are proposed, the project shall meet residential right-of-way and access standards as set forth in the Marysville Municipal Code and engineering development and design standards (EDDS). An applicant may request to utilize the city’s PRD access street standards, which may be allowed at the discretion of the community development director.
(4) Open Space. Open space requirements may be modified consistent with this chapter.
(5) Additional Modifications. An applicant may request additional dimensional, open space, street, and design standard modifications beyond those provided in this section. Granting of the requested modification(s) will be based on innovative and exceptional architectural design features and/or innovative and exceptional site design and layout that contribute to achieving the purpose of this chapter. (Ord. 3366 § 88 (Exh. JJJJ), 2025; Ord. 3352 § 91 (Exh. JJJJ), 2025; Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter shall be to ensure a suitable living environment for owners of mobile/manufactured homes located within mobile/manufactured home parks. The following standards and regulations are necessary for the health, safety, general welfare and convenience of the inhabitants of the city of Marysville. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Mobile/manufactured homes shall be used for residential purposes only, except for limited home occupations as provided for in Chapter 22C.190 MMC, and except in cases of temporary uses as defined in Chapter 22C.110 MMC, subject to strict compliance with the requirements of said chapter.
(2) No space shall be rented for any purpose within a mobile/manufactured home park except for a permanent residence.
(3) No person, company or corporation shall establish a new mobile/manufactured home park, or enlarge the size of or increase the allowed density of an existing mobile/manufactured home park, without first complying with the provisions of this chapter. (Ord. 2852 § 10 (Exh. A), 2011).
There is created a mobile/manufactured home park zone (MHP) which shall be construed as an overlay classification which may be enacted for any area within the city zoned neighborhood residential (NR-4.5 and NR-6.5) and in the multiple-family residential classification (R-12 through R-28).
(1) Purpose. The purposes of the MHP classification are:
(a) To provide a suitable living environment within a park-like atmosphere for persons residing in mobile/manufactured homes;
(b) To encourage variety in housing styles within areas designated for other residential development;
(c) To permit flexibility in the placement of mobile/manufactured homes on a site in order to minimize costs associated with development of roads, utilities, walkways and parking facilities, while providing adequate common and private open space.
(2) Permitted Uses. In the MHP zone the following uses are permitted:
(a) Mobile/manufactured home parks, subject to the requirements of this chapter;
(b) Mobile/manufactured homes, located only within an approved mobile/manufactured home park;
(c) Accessory uses and structures as provided in MMC 22C.010.060 and 22C.020.060;
(d) Recreational facilities located within and primarily for the use of residents of an approved mobile/manufactured home park;
(e) Recreational vehicle and boat storage facilities located within and limited to use by residents of an approved mobile/manufactured home park. (Ord. 3366 § 89 (Exh. KKKK), 2025; Ord. 3352 § 92 (Exh. KKKK), 2025; Ord. 2852 § 10 (Exh. A), 2011).
(1) Rezone. For an MHP overlay zoning classification to be enacted, all procedural requirements, including filing fees specified in MMC Title 22G, shall be complied with in full.
(2) Conditional Use Permit. A mobile home park shall be allowed in a single-family residential zone only upon conditional use permit approval. The owner, operator and occupants of a mobile home park shall develop and use the park in strict compliance with the conditions imposed by the permit. The agency issuing the permit shall maintain continuing jurisdiction for the review and enforcement of said conditions.
(3) Preliminary Site Plan. A preliminary site plan meeting the requirements of MMC 22C.230.060(1) shall be submitted with all applications for MHP rezones. Said site plan shall be subject to review, modification, approval or denial by the city council as an integral part of the MHP rezone process. There shall be no clearing, grading, construction or other development activities commenced on an approved mobile/manufactured home park until a preliminary site plan is upgraded to a binding site plan, and the same is approved and filed.
(4) Final Site Plan. Following final approval by the city council of an MHP rezone, but before development activities commence on the property, the owner shall submit a final site plan meeting the requirements of MMC 22C.230.060(2). The city staff shall review the final site plan to determine whether it conforms to the approved preliminary site plan, the MHP rezone, and applicable state laws and city ordinances which were in effect at the time of the rezone approval. Upon such conformity being found the final site plan shall be signed by the community development director. An approved final site plan shall constitute an integral part of an MHP zoning overlay, and shall be binding upon the owner of the property, its successors and assigns. All development within a mobile/manufactured home park shall be consistent with the final site plan.
(5) Subdivision Exemption. If a mobile/manufactured home park remains completely under single ownership or control, including ownership by a condominium association, compliance with an approved MHP rezone and final site plan shall preclude the necessity to plat the park or comply with any subdivision laws or ordinances.
(6) Amendment of Final Site Plan. An approved final site plan may be modified or amended at the request of the applicant upon receiving administrative approval by the community development director; provided, that if said modification or amendment affects the external impacts of the mobile/manufactured home park, or is determined by the community development director to be substantial in nature, then such modification or amendment shall be resubmitted to the hearing examiner and city council as a rezone application pursuant to Chapter 22G.010 MMC, Article VI, Land Use Application – Decision Criteria.
(7) Duration of Approval. An MHP rezone and the final site plan which is an integral part thereof shall be effective for three years from the date of approval of the rezone by the city council. An applicant who files a written request with the city council at least 30 days before the expiration of said approval period shall be granted a one-year extension upon a showing that the applicant has attempted in good faith to progress with the development of the park. During the approval period all improvements required by the final site plan shall be completed or bonded. Bonding shall conform to the bonding requirements for plats specified in Chapter 22G.040 MMC.
(8) Completion Prior to Occupancy. All required improvements and other conditions of the MHP rezone and final site plan approval shall be met prior to occupancy of any site by a mobile/manufactured home; provided, that completion may be accomplished by phases if approved by the community development director and security for performance in accordance with the provisions of Chapter 22G.040 MMC and acceptable to the community development director is received by the city. The community development director may also require security for maintenance for a period of up to five years in accordance with the provisions of Chapter 22G.040 MMC.
(9) Compliance. Any use of land which requires an MHP rezone and final site plan approval, as provided in this chapter, and for which such review and approval are not obtained, or which fails to conform to an approved MHP rezone and final site plan, constitutes a violation of this title.
(10) Health District Approval. Prior to occupancy of a mobile/manufactured home park, the owner shall obtain a permit from the Snohomish health district and comply with all rules, regulations and requirements of said district. Said permit must be kept current at all times, subject to the park being closed. The rules, regulations and requirements of the health district shall be construed as being supplements to the provisions of this chapter. (Ord. 3366 § 90 (Exh. LLLL), 2025; Ord. 3352 § 93 (Exh. LLLL), 2025; Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this section is to establish minimum development standards for mobile/manufactured home parks.
(1) Density. The number of mobile/manufactured homes permitted in a mobile/manufactured home park shall not exceed eight units per gross acre. In rezoning property to MHP, the city may limit density further to ensure compatibility with the surrounding residential area.
(2) Site Area. The minimum site area of a mobile/manufactured home park shall be three acres. Except as otherwise provided in subsection (3) of this section, the maximum site area of a mobile/manufactured home park, or combination of adjacent parks, shall be 15 acres. Parks shall be considered to be “adjacent” to one another unless they are separated by an unrelated land use, and not merely by a public or private street, easement or buffer strip.
(3) Annexations/Phased Developments. For mobile home parks which have been proposed and approved by Snohomish County for a phased development, as a condition of any final annexation ordinance approving annexation of such mobile home park into the city, the city may authorize such phased mobile home park to exceed the 15-acre maximum set forth in subsection (2) of this section. In cases where greater than 50 percent of the phased development has been constructed prior to annexation, the city may authorize construction of private roadways and storm drainage systems which match those previously constructed to county standards. In such cases, maintenance of such private roadways and storm drainage systems shall be the responsibility of the owner of the mobile home. (Ord. 2852 § 10 (Exh. A), 2011).
All new mobile/manufactured home parks, or expansions to or increases in density of existing parks, shall be subject to site plan approval, as provided above. The site plan shall be accurately drawn at a scale of not less than one inch for each 40 feet and shall include, at a minimum, the following:
(1) Preliminary Site Plan.
(a) The title and location of the proposed park, together with the names, addresses, telephone numbers and e-mail addresses of the owners of record of the land, and if applicable, the names, addresses, telephone numbers and e-mail addresses of any architect, planner, designer or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant;
(b) Area of the site;
(c) Project staging or phases, if any;
(d) The number of mobile/manufactured homes to be accommodated;
(e) A vicinity map at a minimum scale of two inches for each mile, showing sufficient area and detail to clearly locate the project in relation to arterial streets, natural features, landmarks and municipal boundaries;
(f) The location, identification and dimensions of all property lines, streets, alleys and easements. Indicate the condition of all public rights-of-way;
(g) The location of all existing and proposed structures, including but not limited to buildings, fences, culverts, bridges, roads and streets;
(h) The proposed location of all mobile/manufactured homes and accessory structures with setback requirements and lot coverage limitations;
(i) The location of all proposed open space, buffer strips and landscaped areas, showing existing trees and plant materials to be preserved, and conceptual plantings, berms and other features which are proposed;
(j) The location and intended use of outdoor storage areas;
(k) The location and intended use of recreational areas and facilities;
(l) Such additional detail as a city staff reasonably requires.
(2) Final Site Plan.
(a) All elements of the preliminary site plan, as approved by the city council;
(b) Original and proposed topography at maximum five-foot contour intervals, and preservation measures for fill and cut slopes;
(c) Typical cross-sections of all proposed internal circulation streets;
(d) The existing edge and width of pavement of any adjacent roadways and all proposed internal streets, off-street parking facilities, driveway approaches, curbing, sidewalks or walkways, street canalization and type of surfaces;
(e) The location, size and type of all proposed signs;
(f) The location, type and wattage of all outdoor lighting with typical standards illustrated;
(g) The location of all water mains, valves and fire hydrants;
(h) The location of all sewer mains, laterals, manholes, pump stations, and other appurtenances;
(i) The location of all storm water drainage facilities, retention/detention ponds, and oil/water separators;
(j) A certificate of approval prepared for the signature of the community development director. (Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this section is to establish minimum standards for mobile/manufactured home parks.
(1) Lot Coverage. All structures and buildings, including mobile homes and outbuildings, and any carports, decks or stairways attached thereto, and all impervious surfaces such as paved driveways, parking areas, sidewalks and patios, shall not cumulatively cover more than 60 percent of the total area of an individual mobile/manufactured home lot; provided, that patios, decks and sidewalks shall not be included in said 60 percent calculation if a lot is landscaped, on a permanent basis, in a way which emphasizes the appearance of natural vegetation.
(2) Yard Requirements. All mobile/manufactured homes, together with their additions and appurtenant structures, accessory structures and other structures on the site (excluding fences), shall observe the following setbacks (excluding any hitch or towing fixture), which supersede the standards of the underlying zoning district:
(a) Park roads: not less than 20 feet from the centerline of right-of-way, and in no case less than five feet from the paved, surfaced edge;
(b) Exterior site boundary not abutting an off-site public right-of-way: not less than 15 feet from the property line;
(c) Exterior site boundary, abutting an off-site public right-of-way: one-half of right-of-way plus 20 feet, measured from centerline;
(d) Side yard setback: all mobile/manufactured homes, together with their habitable additions, but excluding open porches and carports, shall be set back not less than three feet from side yard property lines.
(3) Height. No building or structure and no accessory building or structure shall exceed a height of 30 feet.
(4) Structure Separations. A minimum 10-foot separation shall be maintained between all mobile/manufactured homes, together with their habitable additions, and other mobile/manufactured homes. One-hour fire resistant accessory structures and/or service buildings shall maintain a minimum three-foot separation from adjacent mobile/manufactured homes. Non-fire-rated accessory structures and/or service buildings shall maintain a minimum six-foot separation between themselves and mobile/manufactured homes, except that carports may abut the unit to which they are an accessory use.
(5) Accessory Structures. Buildings or structures accessory to individual mobile/manufactured homes are permitted; provided, that the total developed coverage of the space shall not exceed the maximum lot coverage requirements.
Buildings or structures accessory to the mobile/manufactured home park as a whole, and intended for the use of the park occupants, are permitted, provided the building area does not exceed 50 percent of the common open space.
(6) Access and Circulation. The layout and general development plan for major and minor access streets and driveways within the mobile/manufactured home park, together with the location and dimensions of access junctions with existing public streets and rights-of-way, shall be approved by the city engineer.
(a) Right-of-Way. All interior park roads shall be constructed within a right-of-way which shall be sufficient to construct and maintain the roadway plus a provision for utilities, but in no case shall be less than 30 feet in width.
(b) Pavement Width. Park roads shall have a minimum paved width of 30 feet, including the area improved with curbs and gutters. Cul-de-sac turnarounds shall have a minimum paved diameter of 70 feet.
(c) Public/Private Streets. The city engineer shall determine whether the streets within a park shall be public or private. If the streets are to be public they shall be constructed to public street standards.
(d) Roadway Surface. All access roadways and service drives shall be bituminous surfacing or better and at a surface depth classified by the city engineer.
(e) Curbs and Gutters. Rolled curbs and gutters shall be constructed on both sides of all interior park roadways.
(f) External Access Points. External access to the park shall be limited to not more than one driveway from a public street for each 200 feet of frontage.
(7) Parking Requirements. At least two off-street parking spaces, located adjacent to each respective mobile/manufactured home, shall be provided for each such unit and shall be hard surfaced. In addition to occupant parking, guest and service parking shall be provided within the boundaries of the park at a ratio of one parking space for each four mobile/manufactured home lots, and shall be distributed for convenient access to all lots. Guest and service parking may be provided by a parking lane and/or as a separate parking area. Clubhouse and community building parking facilities may account for up to 50 percent of this requirement.
All off-street parking spaces shall have a minimum dimension of 10 feet by 20 feet.
(8) Utility Requirements. All mobile/manufactured home parks shall provide permanent electrical, water and sewage disposal connections to each mobile/manufactured home, recreational vehicle, or tiny house with wheels in accordance with applicable state and local rules and regulations. Recreational vehicles or tiny houses with wheels shall include an internal toilet and an internal shower unless the mobile/manufactured home park provides adequate common toilet and shower facilities for the park residents.
All sewage and waste water from toilets, urinals, slop sinks, bathtubs, showers, lavatories, laundries, and all other sanitary fixtures in a park shall be drained into a public sewage collection system.
All water, sewer, electrical and communication service lines shall be underground and shall be approved by the agency or jurisdiction providing the service. Gas shut-off valves, meters and regulators shall not be located beneath mobile/manufactured homes.
(9) Open Space/Recreational Facilities. A minimum of 10 percent of the site shall be set aside and maintained as open space for the recreational use of park occupants. Such space and location shall be accessible and usable by all residents of the park for passive or active recreation. Parking spaces, driveways, access streets and storage areas are not considered to be usable open space.
The percentage requirement may be reduced if substantial and appropriate recreational facilities (such as recreational buildings, swimming pool, or tennis courts) are provided.
The area shall be exclusive of the required perimeter buffer, centrally located, and of such grade and surface to be suitable for active recreation.
(10) Sidewalks/Walkways. The park shall contain pedestrian walkways to and from all service and recreational facilities. Such walkways shall be adequately surfaced and lit. A portion of the roadway surface may be reserved for walkways; provided, that the same are marked and striped; and provided, that the roadway width is widened accordingly. Walkways shall be a minimum width of five feet.
(11) Frontage Improvements. All new mobile/manufactured home parks, and all enlargements or increases in density to an existing mobile/manufactured home park, shall be required to construct frontage improvements to current city standards prior to occupancy.
(12) Lighting. Outdoor lighting shall be provided to adequately illuminate internal streets and pedestrian walkways. Lights shall be sized and directed to avoid adverse impact on adjacent properties.
(13) Storm Drainage. Storm drainage control facilities shall be subject to approval by the city engineer, and shall comply with the city’s storm sewer code.
(14) Landscaping/Screening. The park shall provide visual screening and landscaping as required in perimeter setback areas and open space. Landscaping may consist of suitable ground cover, shrubs and trees; provided, that they are installed prior to the first occupancy of the park, and are of such species and size as would normally fulfill a screening function within five years of being planted. Site development shall be sensitive to the preservation of existing vegetation. All trees, flowers, lawns and other landscaping features shall be maintained by the park management in a healthy, growing condition at all times.
The following minimum requirements for landscaping and screening shall apply:
(a) Along the exterior site boundary, a minimum 10-foot-wide screen landscaped to the L1 standards shall be provided (see Chapter 22C.120 MMC, Landscaping and Screening);
(b) Where abutting a major arterial, a minimum 20-foot-wide screen landscaped to the L1 standards shall be provided (see Chapter 22C.120 MMC, Landscaping and Screening); provided, that a minimum 10-foot strip may be considered sufficient when it can be demonstrated that with earth sculpturing and recontouring, or a sight-obscuring fence, the development is buffered sufficiently;
(c) Perimeters of common parking areas shall be landscaped with a minimum five-foot screen landscaped to the L3 standards (see Chapter 22C.120 MMC, Landscaping and Screening);
(d) Bulk storage and parking areas shall be landscaped with a minimum five-foot screen landscaped to the L2 standards (see Chapter 22C.120 MMC, Landscaping and Screening).
(15) Signs. Signs and advertising devices shall be prohibited in a mobile/manufactured home park except:
(a) One identifying sign at each entrance of the park, which may be indirectly lit, but not flashing. Said sign shall comply with Chapter 22C.160 MMC;
(b) Directional and informational signs as allowed pursuant to Chapter 22C.160 MMC.
(16) Storage.
(a) The owner of a mobile/manufactured home park shall provide, or shall require its tenants to provide, adequate indoor tenant storage facilities which are conveniently located near each mobile/manufactured home lot for the storage of household items and equipment. There shall be no outside storage of such items and equipment.
(b) Bulk storage and parking areas for boats, campers, travel trailers, recreational vehicles, trucks, snowmobiles, motorcycles and other seldom or seasonally used recreational equipment shall be provided within the park. A minimum of 300 square feet of space, exclusive of driveways, shall be provided for every 10 mobile/manufactured homes. Bulk storage and parking areas shall be separated from other parking facilities and shall be provided with some means of security. The requirements of this subsection may be waived by the city when the park developer agrees to prohibit the storage of such items within the park. All bulk storage and parking areas shall be hard surfaced with asphaltic concrete, or crushed gravel, if approved by the city engineer. Crushed gravel bulk storage and parking areas, if approved by the city engineer, shall be surfaced with no less than three inches of crushed gravel and maintained in a dust-free condition. (Ord. 3164 § 9, 2020; Ord. 2852 § 10 (Exh. A), 2011).
(1) The owner of a mobile/manufactured home park shall be responsible for the development and maintenance of the park in strict conformity with the MHP rezone, the binding site plan, and all applicable laws and ordinances. The Marysville community development department shall have jurisdiction over the owner in the event litigation is commenced by the city to enforce such compliance.
(2) A mobile/manufactured home park shall have internal rules and regulations governing, at a minimum, the following:
(a) A requirement that all tenants comply with city inspection codes at the time a mobile/manufactured home is installed or modified;
(b) A requirement that all tenants comply with city zoning code restrictions relating to the use of their mobile/manufactured home and lot;
(c) A requirement that all landscaping, buffer areas, recreational areas and facilities, storage areas, streets, walkways and other common areas and facilities be continuously maintained to at least the minimum standard required by the city and approved by the community development director at the time of initial occupancy.
(3) A mobile/manufactured home park shall have a resident manager who shall be the agent of the owner with authority to communicate directly with the city officials regarding compliance with city codes and requirements, and who shall be responsible for the enforcement of park rules and regulations. (Ord. 2852 § 10 (Exh. A), 2011).
The city of Marysville assumes responsibility for issuing permits, conducting inspections, and enforcing federal, state and local standards for the installation of mobile/manufactured homes. Said function shall be performed by the city building official. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Prior to the location, relocation, establishment or occupancy of any mobile/manufactured home, the mobile/manufactured home owner or authorized representative shall obtain a permit from the city building department. Application for the permit shall be made on forms prescribed and furnished by the department.
(2) No person, firm, partnership, corporation or other entity may install a mobile home unless he, she or it owns the mobile home, is a licensed mobile home dealer, or is a contractor registered under Chapter 18.27 RCW.
(3) Permit Fees.
(a) Single-wide: $200.00.
(b) Double-wide: $300.00.
(c) State Building Code Council surcharge (SBCC fee): $4.50.
Where a mobile/manufactured home is established as a residence without a permit as required herein, the fee shall be doubled; but the payment of such doubled fee shall not relieve any person from fully complying with all the requirements of this chapter, nor from any other penalties prescribed herein.
(4) Each permit issued by the building department for a mobile/manufactured home shall be valid until the mobile/manufactured home is moved to another location, whether on the same or different property. (Ord. 2852 § 10 (Exh. A), 2011).
Building permits shall be required pursuant to Chapter 16.04 MMC for all accessory structures on a mobile/manufactured home lot, including awnings, porches, steps, decks, storage sheds and carports. (Ord. 2852 § 10 (Exh. A), 2011).
(1) No person may occupy or allow or suffer another person to occupy a mobile/manufactured home before the installation of the same has been inspected and approved by the city building official.
(2) The installer shall request an inspection after all aspects of the installation, other than installation of the foundation facia, have been completed. The building official will inspect the installation within five business days after he receives the request. If the inspection is not completed within five business days, the tenant or owner may occupy the mobile/manufactured home at his or her own risk. Occupancy before inspection does not imply city approval.
(3) The building official shall approve the installation of a mobile/manufactured home, and allow the same to be occupied, if the installation complies with the installation requirements of this chapter and the conditions of the permit. If the installation does not so comply, the building official shall provide the installer with a list of corrections that the installer must make. The list of corrections shall state a date by which the corrections must be completed. The building official shall re-inspect the installation after the corrections are completed. If the items that require correction do not endanger the health or safety of the occupants, or substantially affect the habitability of the mobile/manufactured home, the building official may permit the owner of the home to occupy it. (Ord. 2852 § 10 (Exh. A), 2011).
The city adopts and incorporates herein by reference all installation standards and all inspection and enforcement rules relating to mobile/manufactured homes, as now or hereafter specified in WAC Title 296. Said standards relate to site preparation, foundation system footings, foundation system piers, foundation system plates and shims, foundation facia, anchoring systems, and on-site assembly of units. The same shall be administered and enforced by the city building official. (Ord. 2852 § 10 (Exh. A), 2011).
All mobile/manufactured homes to be located within the city of Marysville that do not bear an insignia of approval from the Washington State Department of Labor and Industries, or the U.S. Department of Housing and Urban Development, and for which the owner can demonstrate proof that the home was located within the city of Marysville prior to January 1, 1982, shall, to the extent feasible, be inspected by the city building official, following payment of all applicable fees, for the following livability and health-safety criteria before relocating:
(1) The home must have safe, operable heating facilities.
(2) The home must be equipped with a water lavatory, bathtub or shower, and kitchen sink; be provided with hot and cold running water; and all facilities shall be installed and maintained in a safe and sanitary condition.
(3) All electrical service-entrance conductors, service equipment, switches, lighting outlets, power outlets and appliances shall be maintained in a safe manner.
(4) The home must be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness.
(5) All openable windows and doors must be in openable condition to provide for adequate natural ventilation and emergency exit.
(6) An operable smoke detector shall be installed within the home.
(7) The home shall be structurally sound with no apparent hazardous conditions in the floors, walls, ceilings and roofs.
(8) The home shall be well maintained, free of debris and infestations of insects, vermin or rodents.
(9) The inspection form shall include a statement that inspection does not constitute a warranty that the home is safe or livable. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Mobile/manufactured home parks established prior to the effective date of this code shall continue to be governed by all standards relating to density, setbacks, landscaping and off-street parking in effect at the time they were approved. Enlargements or increases in density to an existing mobile/manufactured home park shall be subject to current drainage and frontage improvement standards;
(2) Placement of mobile homes, manufactured homes, recreational vehicles, tiny houses with wheels, and accessory structures shall be governed by the dimensional standards in effect when the mobile/manufactured home park was approved. Where internal setbacks are not specified, the setback standards outlined in the International Building Code (IBC), International Residential Code (IRC) and the International Fire Code (IFC) shall apply;
(3) Recreational vehicles and tiny houses with wheels utilized as a primary residence are permitted subject to the utility requirements set forth in MMC 22C.230.070(8);
(4) An existing mobile/manufactured home park may be enlarged or increased in density; provided, the proposed enlargement or increase in density meets the standards set forth in MMC 22C.230.050 through 22C.230.070;
(5) Insignia mobile homes may be installed in established mobile/manufactured home parks; provided, that all mobile homes supported by piers shall be fully skirted;
(6) The placement of new accessory structures and replacement mobile homes shall comply with Chapter 22E.010 MMC, Critical Areas Management. (Ord. 3164 § 10, 2020; Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter shall be to ensure that recreational vehicle parks are located, developed and occupied in accordance with standards and regulations which will protect the health, safety, general welfare and convenience of the occupants of such parks and the citizens of the city of Marysville. (Ord. 2852 § 10 (Exh. A), 2011).
(1) No recreational vehicle shall be occupied overnight unless the same is parked inside an approved recreational vehicle park. An exception to this rule may be granted for temporary use of a recreational vehicle under the authority of a permit issued by the city that specifically sets forth the limitations of the recreational vehicle’s use and the period of time it may be used.
(2) Any person occupying a recreational vehicle overnight in any park, on any street, or on any city owned parking lot or city owned property, improved or unimproved, is subject to the penalties set forth in Chapter 7.05 MMC.
(3) No recreational vehicle shall be occupied for commercial purposes anywhere in the city of Marysville. An exception to this rule may be granted for temporary uses as defined in Chapter 22C.110 MMC, subject to strict compliance with the requirements of said section.
(4) No recreational vehicle shall be used as a permanent place of abode, or dwelling, for indefinite periods of time. Occupancy in a park for more than 180 days in any 12-month period shall be conclusively deemed to be permanent occupancy. Any action toward removal of wheels of a recreational vehicle, except for temporary purposes of repair, or placement of the unit on a foundation, is hereby prohibited.
(5) No external appurtenances, such as carports, cabanas or patios, may be attached to any recreational vehicle while it is in a park.
(6) No space within a recreational vehicle park shall be rented for any purpose other than those expressly allowed by this chapter.
(7) No person, company or corporation shall establish or modify a recreational vehicle park without first complying with the provisions of this chapter. (Ord. 3345 § 2 (Exh. B), 2025; Ord. 2852 § 10 (Exh. A), 2011).
Recreational vehicle parks may only be established on property within the city of Marysville which meets the following criteria:
(1) Recreational vehicle parks shall be allowed in all zones of the city except single-family and multiple-family residential zones.
(2) The minimum site area of a park shall be 10 acres. The maximum site area of a park, or combination of adjacent parks, shall be 15 acres. Parks shall be considered to be “adjacent” to one another unless they are separated by an unrelated land use, and not merely by a public or private street, easement or buffer strip.
(3) After development, the conditions of the soil, ground water level, drainage, and topography shall not create hazards to the property or to the health or safety of the occupants.
(4) Property under the jurisdiction of the Shoreline Management Act shall be excluded from development of recreational vehicle parks if it is designated as being in the natural environment.
(5) Parks shall be located with direct access to a major arterial or state highway and with appropriate frontage thereon to permit appropriate design of entrances and exits. No entrance or exit from a park shall be permitted through a residential district, nor require movement of traffic from the park through a residential district. (Ord. 2852 § 10 (Exh. A), 2011).
A recreational vehicle park shall be allowed only upon the issuance of a conditional use permit by the hearing examiner and city council. The owner, operator and occupants of a recreational vehicle park shall develop and use the park in strict compliance with the conditions imposed by the permit. The agency issuing the permit shall maintain continuing jurisdiction for the review and enforcement of said conditions. (Ord. 2852 § 10 (Exh. A), 2011).
Prior to occupancy of a recreational vehicle park, the owner shall obtain a permit from the Snohomish Health District and comply with all rules, regulations and requirements of said district. Said permit must be kept current at all times, subject to the park being closed. The rules, regulations and requirements of the health district shall be construed as being supplements to the provisions of this chapter. (Ord. 2852 § 10 (Exh. A), 2011).
A site plan shall be submitted with all applications for a recreational vehicle park. Said site plan shall be subject to review, modification, approval or denial by the agency issuing the permit. An approved final site plan shall constitute an integral part of the permit for the recreational vehicle park, and shall be binding upon the owner of the property, its successors and assigns. All development within the recreational vehicle park shall be consistent with the final site plan. Such plans may be modified or amended at the request of an owner upon receiving administrative approval by the community development director; provided, that if said modification or amendment affects the external impacts of the recreational vehicle park, or is determined by the community development director to be substantial in nature, then such modification or amendment shall be resubmitted to the hearing examiner as a conditional use permit application pursuant to MMC 22G.010.340. (Ord. 2852 § 10 (Exh. A), 2011).
All required site improvements and other conditions of the permit and final site plan shall be met prior to occupancy of any site by a recreational vehicle; provided, that completion may be accomplished by phases if approved by the community development director and security for performance in accordance with the provisions of Chapter 22G.040 MMC and acceptable to the community development director is received by the city. The community development director may also require security for maintenance for a period up to five years in accordance with the provisions of Chapter 22G.040 MMC. (Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this section is to establish minimum design standards for recreational vehicle parks.
(1) Density. The number of recreational vehicles permitted in a park shall not exceed a density of 20 units per gross acre. The agency issuing the permit may limit density further to ensure compatibility with the surrounding areas.
(2) Campsite Size. Each individual recreational vehicle site shall be not less than 800 square feet in size.
(3) Access Points. Entrances and exits to the park shall be designed for safe and convenient movement of traffic into and out of the park and to minimize friction with free movement of traffic on adjacent streets. All traffic into and out of the park shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached. No material impediment to visibility shall be created or maintained which obscures the view of an approaching driver in the right lane of the street within 100 feet of the intersection with the park entrance.
(4) Parking. At least one parking space shall be provided on each site. At least one parking space for each 20 sites shall be provided for visitor parking in the park.
(5) Internal Park Roads. All internal park roads shall be privately owned and maintained. They shall be constructed to all-weather standards, as approved by the city engineer. Park roads shall have a minimum improved width as follows:
(a) One-way road, no parking: 11 feet;
(b) One-way road with parking on one side, or two-way road with no parking: 18 feet;
(c) Two-way road with parking on one side: 27 feet;
(d) Two-way road with parking on both sides: 34 feet.
(6) Open Space/Recreational Facilities. A minimum of 20 percent of the site shall be set aside and maintained as open space for the recreational use of park occupants. Such space and location shall be accessible and usable by all residents of the park for passive or active recreation. Parking spaces, driveways, access streets, and storage areas are not considered to be usable open space. The percentage requirement may be reduced if substantial and appropriate recreational facilities (such as recreational buildings, swimming pool or tennis courts) are provided.
(7) Setbacks. No recreational vehicle site shall be closer than 35 feet from any exterior park property line abutting upon a major arterial, shoreline, or residential zone, or 20 feet from any other exterior park property line. Permanent structures within a park shall have minimum front and rear yards of 20 feet each, and minimum side yards of 10 feet each.
(8) Landscaping/Screening.
(a) The park shall provide visual screening and landscaping as required in perimeter setback areas and open space. Landscaping may consist of suitable ground cover, shrubs and trees; provided, that they are installed prior to the first occupancy of the park and are of such species and size as would normally fulfill a screening function within five years of being planted. Site development shall be sensitive to the preservation of existing vegetation;
(b) Along the exterior site boundary, a minimum 20-foot-wide screen landscaped to the L1 standards shall be provided (see Chapter 22C.120 MMC, Landscaping and Screening). It shall be designed and maintained to be aesthetically pleasing, and functional for site screening and noise buffering;
(c) Where needed to enhance aesthetics or to ensure public safety, recreational vehicle parks shall be enclosed by a fence, wall, earth mound or by other designs which will complement the landscape and assure compatibility with the adjacent environment;
(d) All trees, flowers, lawns and other landscaping features shall be maintained by the park management in a healthy growing condition at all times.
(9) Signs. Signs and advertising devices shall be prohibited in recreational vehicle parks except:
(a) If the park is visible from Interstate 5, one on-site identification sign complying with the standards of the State Highway Signage Code;
(b) One identifying sign at each entrance of the park, which may be indirectly lit, but not flashing. Said sign shall comply with Chapter 22C.160 MMC;
(c) Directional and information signs for the convenience of occupants of the park in compliance with Chapter 22C.160 MMC.
(10) Utilities. Electricity shall be provided to each recreational vehicle site. All utility lines in the park shall be underground and shall be approved by the agency or jurisdiction providing the service.
(11) Storm Drainage. Storm drainage control facilities shall be subject to approval by the city engineer and shall comply with the city’s storm sewer code.
(12) Public Facilities. Recreational vehicle parks shall provide the following public facilities in such quantity, size and location as is approved by the agency issuing the conditional use permit:
(a) A water distribution system connected to the city’s water utility;
(b) A water station for filling recreational vehicle water storage tanks;
(c) Restroom facilities containing showers and toilets connected to the city’s sewer utility, the minimum number of which shall be one commode and one shower for each 20 recreational vehicle sites;
(d) A sanitary waste station for emptying sewage holding tanks of recreational vehicles;
(e) Refuse containers for solid waste in adequate quantity shall be rented from and serviced by the city of Marysville garbage utility. Park garbage shall be picked up daily by park personnel, who shall also maintain the park free of any uncontrolled garbage. (Ord. 2852 § 10 (Exh. A), 2011).
Management headquarters, recreational facilities, restrooms, dumping stations, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to operation of a recreational vehicle park are permitted as accessory uses to the park. In addition, grocery stores and convenience shops shall be permitted as accessory uses in the discretion of the agency issuing the conditional use permit, subject to the following restrictions:
(1) Such establishments and the parking areas primarily related to their operations shall not occupy more than five percent of the gross area of the park.
(2) Such establishments shall present no visible evidence from any street outside the park of their commercial character which would attract customers other than occupants of the park.
(3) The structures housing such facilities shall not be located closer than 50 feet to any public street and shall not be directly accessible from any public street, but shall be accessible only from a street within the park. (Ord. 2852 § 10 (Exh. A), 2011).
(1) The owner of a recreational vehicle park shall be responsible for the development and maintenance of the park in strict conformity with the binding site plan, the conditional use permit, and all applicable laws and ordinances. Each park shall have an on-site manager available 24 hours per day, seven days per week.
(2) A written management plan shall be submitted for approval as a part of the conditional use permit process. It shall include, at a minimum, the proposed management structure, proposed park rules and regulations, and proposed methods to enforce occupancy limitations and other requirements of this chapter. (Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter is to:
(1) Establish clear regulations for the siting and design of wireless communication facilities consistent with federal regulations.
(2) Promote the health, safety, and general welfare of the public by regulating the siting of WCFs.
(3) Minimize impacts of WCFs and small cell wireless facilities on surrounding areas by establishing standards for location, structural integrity, and compatibility.
(4) Encourage the location and co-location of wireless communication equipment on existing structures.
(5) Minimize visual, aesthetic, public safety, and environmental and wildlife effects.
(6) Accommodate the growing need and demand for wireless communication services.
(7) Provide WCFs, small cell wireless facilities, and associated infrastructure a regulatory process that ensures that wireless communication providers are able to serve the city and its residential, educational, public safety and all other commercial users, as well as visitors, who use wireless services as well as providing consumers a choice of providers that compete on the basis of cost with continuous improvements in quality, reliability, and innovation.
(8) Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless services or to prohibit or have the effect of prohibiting personal wireless services.
(9) Encourage orderly development in a preferred hierarchy using concealed technologies.
(10) Encourage the development of WCFs and small cell wireless on a competitively neutral basis.
(11) Ensure compliance with the time frames outlined in 47 U.S.C. Sections 253(c) and 332(a), and Chapter 35.99 RCW, as amended. (Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011).
(1) If a conflict arises between this chapter and the provisions of another chapter regarding wireless communication facilities, this chapter shall govern.
(2) Facilities regulated by this chapter include the construction, modification, and placement of all WCFs, FCC-regulated amateur radio antennas, dish antennas, and any antennas used for MMDS or wireless cable, and wireless service facilities (i.e., cellular phone service, PCS – personal communication services, wireless paging services, wireless internet services, etc.). Wireless services shall be subject to the following regulations to the extent that such requirements:
(a) Do not unreasonably discriminate among providers of functionally equivalent services;
(b) Do not have the effect of prohibiting personal wireless services within the city of Marysville. (Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011).
The following are exempt from the provisions of this chapter:
(1) Amateur radio antennas operated by a federally licensed amateur radio operator as part of the amateur or business radio service are exempt from the provisions of this chapter, except MMC 22C.250.040 and 22C.250.090.
(2) Citizen band or two-way radio antenna including any mast.
(3) Satellite earth stations (satellite dishes) that are one meter (39.37 inches) or less in diameter in all residential districts and two meters or less in all other zoning districts and which are not greater than 20 feet above grade in residential districts and 35 feet above grade in all other zoning districts.
(4) A temporary wireless communications facility, for the purposes of:
(a) Providing coverage of a special event such as news coverage or sporting event, subject to approval by the city, except that such facility must comply with all federal and state requirements. Said wireless communications facility may be exempt from the provisions of this chapter up to one week prior and one week after the special event;
(b) Evaluating the technical feasibility of a particular site for placement of a WCF; or
(c) Providing emergency communications during a natural disaster or other emergencies which may threaten the public health, safety and welfare.
(5) In the event a building permit is required for any emergency repair, notification in writing to the director of community development shall occur within 24 hours of identification of the needed repair, and filing of the building permit application shall be done in compliance with the city’s adopted building code. (In the event a building permit is required for nonemergency maintenance, reconstruction, repair or replacement, filing of the building permit application shall be required prior to the commencement of such nonemergency activities.)
(6) Antenna modifications, provided there is no increase in the height of the antenna support structure; and provided, that the size of the replaced antennas is not increased.
(7) The siting of wireless service facilities is categorically exempt from the State Environmental Policy Act (SEPA) if the proposed facilities meet the requirements established in WAC 197-11-800(25) and MMC 22E.030.090(3)(a), as adopted or otherwise amended. (Ord. 3125 § 4 (Exh. C), 2019; Ord. 2988 § 1, 2015; Ord. 2852 § 10 (Exh. A), 2011).
The following table summarizes the types of proposal and required land use approvals. All proposals are subject to the siting hierarchy requirements of this chapter.
Amateur Radio Antennas | Combined on Existing WCF | Concealed Attached WCF | Concealed Co-location | Flush- or Nonflush-Mounted Antenna on Existing Antenna Support Structure | New Concealed Antenna Support Structure | Small Wireless Facility | WCF Consolidation |
|---|---|---|---|---|---|---|---|
P2 | P1 C | P1, 3 C | P1 C | P1 C | C | P4 | C |
P – Permitted Use. The use is allowed subject to the requirements of this code.
C – Conditional Use Permit. The use is allowed subject to the conditional use review procedures and requirements of this code.
Notes:
1. If the proposal does not extend the height of a structure outside the public right-of-way by more than 40 feet, and the structure is in compliance with the maximum allowed WCF height for the zone, it is demonstrated that the proposal is consistent with any previous relevant approval conditions.
2. Amateur radio antennas are permitted subject to MMC 22C.250.090.
3. Concealed attached WCFs proposed within the public right-of-way are subject to MMC 22C.250.070(3).
4. Small wireless facilities are permitted within public right-of-way in all zones subject to the standards outlined in this chapter. Small wireless facilities are not subject to MMC 22C.250.050 through 22C.250.080.
(Ord. 3129 § 3 (Exh. B), 2019; Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011).
In addition to any information required for CUP, ROW permit, or building permit review, an application for new WCFs or modifications to WCFs that require city approval shall provide the following information:
(1) A site plan showing existing and proposed WCFs, access, base station, ancillary structures, warning signs, fencing, landscaping and any other items necessary to illustrate compliance with the development standards of this chapter.
(2) A stamped statement by a state of Washington registered professional engineer that the support structure shall comply with EIA/TIA-222-G (as amended), and the allowable wind speed for the applicable zone in which the facility is located, and that describes the general structural capacity of any proposed WCF(s), including:
(a) The number and type of antennas that can be accommodated;
(b) The basis for the calculation of capacity; and
(c) A written statement that the proposal complies with all federal guidelines regarding interference and ANSI standards as adopted by the FCC, including but not limited to nonionizing electromagnetic radiation (NIER) standards.
Some or all of the requirements listed in this subsection may be waived for applications for attachments to utility poles, provided a letter is submitted from the appropriate utility agency accepting responsibility for design of the structure.
(3) A report by the applicant that includes a description of the proposed WCF, including height above grade, justification for the proposed height of the structure and evaluation of alternative designs which might result in lower heights, materials, color, lighting, and information demonstrating compliance with siting hierarchy.
(4) Where a permit for an attachment or co-location is required, the application shall also include the following information:
(a) The name and address of the operator(s) of proposed and existing antennas on the site;
(b) The height of any proposed antennas;
(c) Manufacture, type, and model of such antennas;
(d) Frequency, modulation, and class of service; and
(e) A description of the wireless communication service that the applicant intends to offer to provide or is currently offering or providing within the city.
(5) A detailed visual simulation of the wireless communication facility shall be provided along with a written report from the applicant, including a map showing all locations where an unimpaired signal can be received for that facility (propagation map).
(6) If applicable, approved franchise agreement, or completed franchise agreement application and related fees.
(7) Other information as the director of community development may reasonably require.
(8) Fees for review as established by the city’s most current fee resolution.
The community development director may release an applicant from having to provide one or more of the pieces of information on this list upon a finding that in the specific case involved said information is not necessary to process or make a decision on the application being submitted. (Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011).
Siting of antenna or support structures shall adhere to the siting hierarchy of this section. The order of ranking for antenna or antenna support structures, from highest to lowest, shall be 1, 2, 3, 4. Where letters (a, b) are present, a is preferable to b. Where a lower ranking alternative is proposed, the applicant must submit relevant information including but not limited to an affidavit by a licensed radio frequency engineer demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher ranking options are not technically feasible or justified given the location of the proposed wireless communications facility and network need.
Example: A new facility meeting the definition of a concealed consolidated WCF is proposed; the applicant demonstrates that the new facility cannot be sited under hierarchy (1)(a) through (1)(b). The applicant then demonstrates the new facility cannot be sited under hierarchy 2. The applicant then moves to hierarchy 3 and is able to propose a site.
1 | Co-location with existing antenna support structure: a. That requires no increase in pole or structure height. b. That requires an increase in pole or structure height, which shall comply with MMC 22C.250.080(3). |
2 | New concealed antenna support structure or concealed consolidation: • On developed, improved sites in nonresidential zoning districts; or • On publicly owned land. Concealed attached WCF: • Within public parks, public open spaces, and on other publicly owned land; or • Within public rights-of-way; or • Within nonresidential zoning districts or residential zoning districts on lots not used for single-family residential or middle housing purposes. |
3 | Concealed consolidations: a. In nonresidential zoning districts. b. In residential zoning districts on lots not used for single-family residential or middle housing purposes. |
4 | New concealed antenna support structure: a. In nonresidential zoning districts. b. In residential zoning districts on lots not used for single-family residential or middle housing purposes. |
The community development director may allow the siting of a facility in a location at a lower position in the hierarchy without demonstration that higher ranking options are not technically feasible or justified, provided the applicant demonstrates that the proposed facility location would result in a lesser visual/aesthetic impact and better meets the purposes of this chapter. (Ord. 3366 § 91 (Exh. MMMM), 2025; Ord. 3352 § 94 (Exh. MMMM), 2025; Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011).
(1) Co-located or combined facilities shall comply with the following requirements:
(a) Co-location of antennas onto existing antenna support structures meeting the dimensional standards of this chapter are permitted outright. Antenna mounts shall be flush-mounted onto existing antenna support structure, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area. Furthermore, an antenna shall only extend vertically above the uppermost portion of the structure to which it is mounted or attached as follows:
(i) Not more than 20 feet on a nonresidential structure; and
(ii) Not more than 15 feet on a multifamily structure.
(b) Co-location of antennas onto a new antenna support structure constructed after May 1, 2006, shall be concealed.
(c) At the time of installation, the WCF base station and ancillary structures shall be brought into compliance with any applicable landscaping requirements.
(d) A co-located or combined WCF, its new base station, and any new ancillary structures shall be subject to the setbacks of the underlying zoning district.
(e) When a co-located or combined WCF is to be located on a nonconforming building or structure, then it shall be subject to the nonconformance provisions of Chapter 22C.100 MMC.
(2) Concealed attached WCFs outside of the public ROW shall comply with the following requirements:
(a) Concealed antennas shall reflect the visual characteristics of the structure to which they are attached and shall be designed to architecturally match the facade, roof, wall, or structure on which they are affixed so that they blend with the existing structural design, color, and texture. This shall include the use of colors and materials, as appropriate. When located on structures such as buildings or water towers, the placement of the antenna on the structure shall reflect the following order of priority in order to minimize visual impact:
(i) A location as close as possible to the center of the structure; and
(ii) Along the outer edges or side-mounted; provided, that in this instance, additional means such as screens should be considered and may be required by the department on a case-by- case basis; and
(iii) When located on the outer edge or side-mounted, be placed on the portion of the structure less likely to be seen from adjacent lands containing, in descending order of priority, existing residences, public parks and open spaces, and public roadways.
(b) The top of the concealed attached WCF shall not be more than 40 feet above the existing or proposed nonresidential building or structure, or more than 15 feet above a residential building. Maximum height must be consistent with MMC 22C.250.080(3).
(c) Feed lines shall be contained within a principal building or encased and the encasement painted to blend and match the design, color, and texture of the facade, roof, wall, or structure to which they are affixed.
(3) Concealed attached WCFs proposed within the public right-of-way shall comply with the following requirements:
(a) An existing pole may be extended or replaced with a new pole, provided the original pole height may be increased by no more than the sum of the height of the wireless antenna(s) and necessary equipment, plus the minimum vertical separation distance as required by the utility agency.
(b) The pole must serve the original purpose and, if replaced, must be of similar appearance and composition as adjacent utility poles. The community development director may authorize the utilization of a composition material other than that of adjacent poles if it can be demonstrated that the utility’s engineering requirements necessitate that the different material be utilized.
(c) Antennas shall be flush-mounted.
(d) Field changes necessary in order to meet other utility agency requirements shall be reviewed and approved by the city prior to structure installation.
(4) Concealed antenna support structures shall comply with the following requirements:
(a) Upon application for a new concealed antenna support structure, the applicant shall provide a map showing all existing antenna support structures or other suitable nonresidential structures located within one-quarter mile of the proposed structure with consideration given to engineering and structural requirements.
(b) No new antenna support structure shall be permitted if an existing structure suitable for attachment of an antenna or co-location is located within one-quarter mile, unless the applicant demonstrates that the existing structure is physically or technologically unfeasible, or is not made available for sale or lease by the owner, or is not made available at a market rate cost, or would result in greater visual impact. The burden of proof shall be on the applicant to show that a suitable structure for mounting of antenna or co-location cannot be reasonably or economically used in accordance with these criteria.
(c) In residential districts, new concealed antenna support structures shall only be permitted on lots whose principal use is not single-family residential or middle housing, including but not limited to schools, churches, synagogues, fire stations, parks, and other public property.
(d) To the extent that there is no conflict with the color and lighting requirements of the Federal Communications Commission and the Federal Aviation Administration for aircraft safety purposes, new antenna support structures shall be concealed as defined by this title and shall be configured and located in a manner to have the least visually obtrusive profile on the landscape and adjacent properties.
New concealed antenna support structures shall be designed to complement or match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture and designed to blend with existing surroundings to the extent feasible. This shall be achieved through the use of compatible colors and materials, and alternative site placement to allow the use of topography, existing vegetation or other structures to screen the proposed concealed antenna support structure from adjacent lands containing, in descending order of priority: existing residences, public parks and open spaces, and public roadways.
(e) At time of application the applicant shall file a letter with the department, agreeing to allow co-location on the tower. The agreement shall commit the applicant to provide, either at a market rate cost or at another cost basis agreeable to the affected parties, the opportunity to co-locate the antenna of other service providers on the applicant’s proposed tower to the extent that such co- location is technically and structurally feasible for the affected parties.
(f) All new concealed antenna support structures up to 60 feet in height shall be engineered and constructed to accommodate no less than two antenna arrays. All concealed antenna support structures between 61 feet and 100 feet shall be engineered and constructed to accommodate no less than three antenna arrays. All concealed antenna support structures between 101 and 140 feet shall be engineered and constructed to accommodate no less than four antenna arrays.
(g) Those providing for co-location shall also submit a plan for placement of base station equipment for potential future providers and/or services provided by additional antenna arrays.
(h) Grading shall be minimized and limited only to the area necessary for the new WCF.
(5) Consolidation of WCFs shall comply with the following requirements; consolidation of two or more existing WCFs may be permitted pursuant to the provisions of this chapter, including a CUP and consideration of the following:
(a) WCF consolidation shall reduce the number of WCFs.
(b) If a consolidation involves the removal of WCFs from two or more different sites and if a consolidated WCF is to be erected on one of those sites, it shall be erected on the site that provides for the greatest compliance with the standards of this chapter.
(c) Consolidated WCFs shall be concealed.
(d) All existing base stations and ancillary equipment shall be brought into compliance with this chapter.
(e) New WCFs approved for consolidation of an existing WCF shall not be required to meet new setback standards so long as the new WCF and its base station and ancillary structures are no closer to any property lines or dwelling units than the WCF and base station and ancillary structures being consolidated. For example, if a new WCF is replacing an old one, the new one is allowed to have the same setbacks as the WCF being removed, even if the old one had nonconforming setbacks.
(f) If the consolidated WCF cannot meet the setback requirements, it shall be located on the portion of the parcel on which it is situated which, giving consideration to the following, provides the optimum practical setback from adjacent properties:
(i) Topography and dimensions of the site;
(ii) Location of any existing structures to be retained. (Ord. 3366 § 92 (Exh. NNNN), 2025; Ord. 3352 § 95 (Exh. NNNN), 2025; Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011).
(1) All WCFs shall:
(a) Be designed and constructed to present the least visually obtrusive profile.
(b) Use colors such as gray, blue, or green that reduce visual impacts unless otherwise required by the city of Marysville, the FAA, or the FCC.
(c) Flush-mounted antennas when feasible. Nonflush-mounted antennas are allowed only upon written demonstration by the applicant that flush mounting is not feasible.
(2) Base Stations.
(a) Base stations that are not located underground shall not be visible from public views.
(b) New base stations and ancillary structures shall be designed to complement or match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture and designed to blend with existing surroundings to the extent feasible. This shall be achieved through the use of compatible colors and building materials of existing buildings or structures on the property, and alternative site placement to allow the use of topography, existing vegetation or other structures to screen the base station and ancillary structures from pedestrian views. Where feasible, one building with multiple compartments shall be constructed to serve the total number of anticipated co-location tenants. If the applicant can demonstrate that one building is not feasible or practical due to site design or other constraints, then a site plan shall be provided to demonstrate how all potential base stations and ancillary structures will be accommodated within the vicinity of the WCF.
(3) Height Standards. The height of the antenna support structure shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower or, if higher, to the top of the highest antenna or piece of equipment attached thereto. The height of any WCF shall not exceed the heights provided in the table below.
Zone | Maximum Height |
|---|---|
GC, DC, DTC, CB, NB, GI, LI, MU, PI, WR-CB, WR-MU, MS, F | 140 feet |
R-4.5, R-6.5, R-8, WR-R-4-8, R-12, R-18, WR-R-6-18, R-28, FR, MMF, MH1, MH2 | 80 feet |
Open Space and Recreation | 140 feet |
Notes:
(1) New antenna support structures must comply with MMC 22C.250.070(4)(e) through (g).
(2) Increases to the height of an existing antenna support structure are permitted, provided:
(a) It is consistent with all conditions of the CUP authorizing the use and subsequent approvals thereafter;
(b) The existing conditions and the proposed changes are not in violation of the MMC;
(c) It is necessary to accommodate an actual co-location of the antenna for additional service providers or to accommodate the current provider’s antenna required to utilize new technology, provide a new service, or increase capacity;
(d) Height increases are limited to no more than 40 feet above the height of the existing antenna support structure unless explicitly allowed in the CUP;
(e) A nonconformance shall not be created or increased, except as otherwise provided by this chapter;
(f) A detailed certification of compliance with the provisions of this section is prepared, submitted, and approved.
(4) Setback Requirements.
(a) Antenna support structures outside of the right-of-way shall have a setback from property lines of 10 feet from any property line and 50 feet or one foot setback for every one foot in height from any residentially zoned property, whichever provides the greatest setback.
(b) Base stations shall be subject to the setback requirements of the zone in which they are located.
(c) The department shall consider the following criteria and give substantial consideration to on-site location; setback flexibility is authorized when reviewing applications for new antenna support structures and consolidations:
(i) Whether existing trees and vegetation can be preserved in such a manner that would most effectively screen the proposed tower from residences on adjacent properties;
(ii) Whether there are any natural landforms, such as hills or other topographic breaks, that can be utilized to screen the tower from adjacent residences;
(iii) Whether the applicant has utilized a tower design that reduces the silhouette of the portion of the tower extending above the height of surrounding trees.
(5) Landscaping and Fencing Requirements.
(a) All ground-mounted base stations and ancillary structures shall be enclosed with an opaque fence or fully contained within a building. In all residential zones, or a facility abutting a residential zone, or in any zone when the base station and ancillary structures adjoin a public right-of-way, the fence shall be opaque and made of wood, brick, or masonry. In commercial or industrial zones, if a chain-link fence is installed, slats shall be woven into the security fence. Required fencing shall be of sufficient height to screen all ground equipment and shall be subject to MMC 22C.010.380 and 22C.020.330. The city shall have the authority to determine the type of enclosure and materials required based upon review of existing site and surrounding conditions.
(b) Landscaping shall be done in accordance with Chapter 22C.120 MMC.
(c) When a fence is used to prevent access to a WCF or base station, any landscaping required shall be placed outside of the fence.
(d) Landscaping provisions may be modified in accordance with MMC 22C.120.190.
(6) Lighting Standards. Except as specifically required by the FCC or FAA, WCFs shall not be illuminated, except lighting for security purposes that is compatible with the surrounding neighborhood. Any lighting required by the FAA or FCC must be the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable to minimize the potential attraction to migratory birds. Dual lighting standards (white blinking light in daylight and red blinking light at dusk and nighttime) are required and strobe light standards are prohibited unless required. The lights shall be oriented so as not to project directly onto surrounding residential property, and consistent with FAA and FCC requirements.
(7) Signage. Commercial messages shall not be displayed on any WCF. The only signage that is permitted upon an antenna support structure, base station, or fence shall be informational, and for the purpose of identifying the antenna support structure (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable). If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the antenna support structure, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast letters (minimum letter height of four inches) the following: “HIGH VOLTAGE – DANGER.”
(8) Sounds. Maximum permissible sound levels to intrude into the real property of another person from a wireless communication facility shall not exceed 45 dB(A). In the case of maintenance, construction, and emergencies, these sound levels may be exceeded for short durations as required by the specific circumstance. (Ord. 3295 § 11 (Exh. K), 2023; Ord. 3260 § 13 (Exh. M), 2023; Ord. 3193 § 23, 2021; Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011).
Amateur radio antennas and support structures are subject to the following:
(1) Maximum height shall be 75 feet, measured pursuant to the definition of WCF height.
(2) Antennas or antenna support structures shall not be permitted in any setback area or within any front yard area. (Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22C.250.120).
Small wireless deployment includes small wireless facilities and small wireless networks. The following provisions establish design and concealment standards for small wireless deployments; provided, however, that any small wireless or small wireless network component that is not exempt under law or ordinance from critical areas, SEPA, or shoreline review shall comply with the applicable requirements set forth in Chapter 22E.010 MMC, Critical Areas Management, Chapter 22E.030 MMC, State Environmental Policy Act (SEPA), and Chapter 22E.050 MMC, Shoreline Management Master Program.
(1) Existing and Replacement Utility Poles and Structures in Areas Other Than the Design District and Underground Districts. Eligible small wireless facilities permitted under the provisions of a franchise approval shall be considered to have satisfied the design and concealment standards when installed on utility poles and structures within the public right-of-way.
(2) Small Wireless Deployments on Existing Utility Poles Not Approved Pursuant to a Franchise. Small wireless deployments on existing utility poles that have not been approved as an exhibit to the franchise or as a minor deviation thereto shall comply with the provisions of MMC 22C.250.130 and must seek approval pursuant to a permit issued as provided in this chapter.
(3) Replacement Utility Pole – Street Lighting. With the express permission of the city, a replacement utility pole or a new utility pole may take the form of a new streetlight standard except where prohibited by MMC 22C.250.130(5). The design of the streetlight standard shall be in accordance with adopted city construction standards when located outside of the design district or underground district. Replacement utility poles/streetlight standards located within the design district shall conform to the adopted streetscape design standard for the design district. Wherever technologically feasible, all equipment and cabling shall be internal to the replacement street lighting standard.
(4) Undergrounded Areas. In areas where utilities have been undergrounded, a service provider or infrastructure company desiring to locate any aboveground infrastructure in support of a small wireless deployment shall submit a concealment element plan in accordance with the provisions of MMC 22C.250.130(6). (Ord. 3129 § 3 (Exh. B), 2019; Ord. 3125 § 4 (Exh. C), 2019).
In addition to any information required for a right-of-way permit, the following information shall be provided by all applicants for a small wireless permit:
(1) The application shall provide a site plan with specific locational information that includes GIS coordinates of all proposed small wireless facilities and specify where the small wireless facilities will utilize existing, replacement or new poles, towers, existing buildings and/or other structures. Ground-mounted equipment, conduit, junction boxes and fiber and electrical connections necessary for and intended for use in the deployment shall also be specified regardless of whether the additional facilities are to be constructed by the applicant or leased from a third party. Detailed schematics and visual renderings of the small wireless facilities, including engineering and design standards, shall be provided by the applicant. The application shall have sufficient detail to identify:
(a) The location of overhead and underground public utility, telecommunication, cable, water, sewer drainage and other lines and equipment in the rights-of-way along the proposed route;
(b) The specific trees, structures, improvements, facilities, lines and equipment, and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate and a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or areas to be disturbed during construction.
(c) Compliance with the aesthetic design concealment requirements of MMC 22C.250.130.
(2) The applicant must show written approval from the owner of any pole or structure for the installation of its small wireless facilities on such pole or structure. Such written approval shall include approval of the specific pole, engineering and design standards from the pole owner, unless the pole owner is the city. Submission of the lease agreement between the owner and the applicant is not required. For city-owned poles or structures, the applicant must obtain a lease from the city prior to, or concurrent with, the small wireless permit application and must submit as part of the application the information required in the lease for the city to evaluate the usage of a specific pole.
(3) If the application is for a new or replacement light pole, then the applicant must provide a photometric analysis.
(4) The applicant can batch multiple small wireless facility sites in one application. The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area.
(5) Any application for a small wireless facility located in the right-of-way adjacent to a parcel zoned for residential use shall demonstrate that it has considered all of the following:
(a) Whether a small wireless facility is currently installed on an existing pole in front of the same residential parcel. If a small wireless facility exists, then the applicant must demonstrate that no technically feasible alternative location exists that is not in front of the same residential parcel.
(b) Whether the proposed small wireless facility can be screened from residential view by choosing a pole location that is not directly in front of a window or views. Within residential zones, small wireless facilities shall be located between property lines as depicted in Figures 1 and 2 below.
Figure 1
Small Cell Locations Between Property Lines and Trees.
Figure 2
(6) Any application for a small wireless permit that contains an element not exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 22E.030 MMC. Further, any application proposing small wireless facilities in shoreline management zones (pursuant to Chapter 22E.050 MMC) or in critical areas (pursuant to Chapter 22E.010 MMC) must indicate that the application is exempt or comply with the review processes in said codes.
(7) The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the small wireless facilities will comply with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the small wireless facility will operate. If facilities that generate RF radiation necessary to the small wireless facility are to be provided by a third party, then the small wireless permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions on the entire installation. The applicant may provide one emissions report for the entire small wireless deployment if the applicant is using the same small wireless facility configuration for all installations within that batch, or may submit one emissions report for each subgroup installation identified in the batch.
(8) The applicant shall provide proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed.
(9) A professional engineer licensed by the state of Washington shall certify in writing, under his or her seal, that both construction plans and final construction of the small wireless facilities and structure or pole and foundation are designed to withstand wind and seismic loads as established by the International Building Code. Further, the construction drawings shall depict all existing proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 250 feet from the proposed site. The construction drawings shall also include the applicant’s plan for electric and fiber utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small wireless facility.
(10) A traffic control plan as required by the city’s engineering design and development standards, and MMC Title 12.
(11) The small wireless facilities permit shall include those elements that are outlined in the city’s right-of-way permit application to allow the applicant to proceed with the build-out of the small wireless facility deployment.
(12) Recognizing that small wireless facility technology is rapidly evolving, the director is authorized to adopt and publish standards for the technological and structural safety of city-owned structures and to formulate and publish application questions for use when an applicant seeks to attach to city-owned structures. (Ord. 3125 § 4 (Exh. C), 2019).
(1) Design Districts. Design districts are hereby established for the following master plan areas and subareas of the city: downtown master plan area, East Sunnyside-Whiskey Ridge subarea, 88th Street master plan area, Lakewood Neighborhood master plan area, and Smokey Point master plan area. The boundaries of the design districts shall coincide with the boundaries of the above-referenced master plan areas and subareas as depicted in the respective master plan or subarea plan. The design districts create a well-coordinated, cohesive, and aesthetically pleasing experience within each respective district. The areas designated in the Marysville engineering design and development standards, and the rights-of-way of the streets within these master plan areas and subareas, are designated as design districts for the purpose of the application of the provisions of this chapter.
(2) Any applicant who desires to place a small wireless facility in a design district must first establish that the applicant cannot locate the small wireless facility outside of the design district. Applications for small wireless facilities in a design district may be approved if the applicant demonstrates that due to technical infeasibility the applicant cannot locate the proposed small wireless facility on an existing or replacement pole within 500 feet of the proposed site and outside of the design district.
(3) Applications for small wireless facilities within the design districts are subject to an administrative land use review, and the proposed small wireless facility will only be permitted if it receives approval for a concealment element design consistent with MMC 22C.250.130(6)(c).
Furthermore, wireless facilities within the design districts must comply with the design and construction standards established in the Marysville engineering design and development standards relating to streetlights to the extent reasonably applicable or adaptable to a proposed facility. (Ord. 3125 § 4 (Exh. C), 2019).
Small wireless facility deployments shall conform to the following design standards:
(1) Small wireless facilities attached to existing or replacement nonwooden light poles and other nonwooden poles in the right-of-way or nonwooden poles outside of the right-of-way shall conform to the following design criteria:
(a) Antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is otherwise technically infeasible, or is incompatible with the pole design, then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the pole or flush-mounted to the pole, meaning no more than six inches off of the pole, and must be the minimum size necessary for the intended purpose, not to exceed the volumetric dimensions of small wireless facilities. If the equipment enclosure is permitted on the exterior of the pole, the applicant is required to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs.
(b) The furthest point of any antenna or equipment enclosure from the face of a pole shall be the minimum distance needed to comply with the requirements of the pole owner, electrical codes, and antenna tilt.
(c) All conduit, cables, wires and fiber must be routed internally in the light pole. Full concealment of all conduit, cables, wires and fiber is required within mounting brackets, shrouds, canisters, or sleeves if attaching to exterior antennas or equipment.
(d) An antenna on top of an existing pole may not extend more than six feet above the height of the existing pole and the diameter may not exceed 16 inches, measured at the top of the pole, unless the applicant can demonstrate that more space is needed. The antennas shall be integrated into the pole design so that it appears as a continuation of the original pole, including being colored or painted to match the pole, and shall be shrouded or screened to blend with the pole, except for canister antennas which shall not require separate shrouding or screening. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole.
(e) Any replacement pole shall substantially conform to the design of the pole it is replacing or the neighboring pole design standards utilized within the contiguous right-of-way.
(f) The height of any replacement pole may not extend more than 10 feet above the height of the existing pole or the minimum additional height necessary; provided, that the height of the replacement pole cannot be extended further by additional antenna height.
(g) The diameter of a replacement pole shall comply with the city’s setback and sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25 percent increase of the existing nonwooden pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the base of the pole, and shall comply with the requirements in subsection (5)(d) of this section.
(h) The use of the pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed.
(2) Wooden Pole Design Standards. Small wireless facilities located on wooden poles shall conform to the following design criteria:
(a) The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities.
(b) A pole extender may be used instead of replacing an existing pole but may not increase the height of the existing pole by more than 10 feet, unless a further height increase is required and confirmed in writing by the pole owner and such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A “pole extender” as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.
(c) Replacement wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the city.
(d) Antennas, equipment enclosures, and all ancillary equipment, boxes, and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached.
(e) Antennas shall not be mounted more than 12 inches from the surface of the wooden pole.
(f) Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna enclosure shall not be more than three cubic feet in volume.
(g) A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in subsection (2)(a) of this section. A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches, measured at the top of the pole, and shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole.
(h) The furthest point of any antenna or equipment enclosure from the face of a pole shall be the minimum distance needed to comply with the requirements of the pole owner, electrical codes, and antenna tilt.
(i) An omnidirectional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket.
(j) All related equipment mounted on wooden poles, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit, shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required and is confirmed in writing by the pole owner.
(k) Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground-mounted pursuant to subsection (5)(a) of this section. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed 28 cubic feet. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs.
(l) An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so; provided, that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, does not exceed 28 cubic feet. The unified enclosure may not be placed more than six inches from the surface of the pole, unless a further distance is required and confirmed in writing by the pole owner. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs; provided, that such location does not interfere with the operation of the banners or signs.
(m) The visual effect of the small wireless facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible.
(n) The use of the wooden pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed.
(o) The diameter of a replacement pole shall comply with the city’s setback and sidewalk clearance requirements and shall not be more than a 25 percent increase of the existing utility pole measured at the base of the pole.
(p) All cables and wires shall be routed through conduits along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduits shall be minimized to the number technically necessary to accommodate the small wireless facility.
(3) Small wireless facilities attached to existing buildings shall conform to the following design criteria:
(a) Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building’s architectural theme.
(b) The interruption of architectural lines or horizontal or vertical reveals is discouraged.
(c) New architectural features, such as columns, pilasters, corbels, or other ornamentation that conceals antennas, may be used if they complement the architecture of the existing building.
(d) Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building.
(e) Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited.
(f) Small wireless facilities shall be painted and textured to match the adjacent building surfaces.
(4) Small wireless facilities mounted on cables strung between existing utility poles shall conform to the following standards:
(a) Each strand-mounted facility shall not exceed three cubic feet in volume;
(b) Only one strand-mounted facility is permitted per cable between any two existing poles;
(c) The strand-mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than five feet from the pole, unless a greater distance is technically necessary or is required by the pole owner for safety clearance;
(d) No strand-mounted device shall be located in or above the portion of the roadway open to vehicular traffic;
(e) Ground-mounted equipment to accommodate a strand-mounted facility is not permitted except when placed in preexisting equipment cabinets;
(f) Pole-mounted equipment shall comply with the requirements of subsections (1) and (3) of this section;
(g) Such strand-mounted devices must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand); and
(h) Strand-mounted facilities are prohibited on nonwooden poles.
(5) General Requirements.
(a) Ground-mounted equipment in the rights-of-way is prohibited, unless such facilities are placed underground or the applicant can demonstrate that pole-mounted or undergrounded equipment is technically infeasible. If ground-mounted equipment is necessary, then the applicant shall submit a concealment element plan. Generators located in the rights-of-way are prohibited.
(b) No equipment shall be operated so as to produce noise in violation of Chapter 6.76 MMC.
(c) Small wireless facilities are not permitted on city-owned light poles or traffic signal poles unless denial of the siting could be a prohibition or effective prohibition of the applicant’s ability to provide telecommunications service in violation of 47 U.S.C. Sections 253 and 332.
(d) Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), city construction and sidewalk clearance standards, city ordinance, and state and federal laws and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement or new pole must be physically possible, comply with applicable traffic warrants, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health or safety.
(e) Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole.
(f) No signage, message or identification other than the manufacturer’s identification or identification required by governing law is allowed to be portrayed on any antenna or equipment enclosure. Any permitted signage shall be located on the equipment enclosures and be of the minimum amount possible to achieve the intended purpose (no larger than four by six inches); provided, that signs are permitted as concealment element techniques where appropriate.
(g) Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of a concealment element plan.
(h) Side arm mounts for antennas or equipment must be the minimum extension necessary and for wooden poles may be no more than 12 inches off the pole and for nonwooden poles no more than six inches off the pole.
(i) The preferred location of a small wireless facility on a pole is the location with the least visible impact.
(j) Antennas, equipment enclosures, and ancillary equipment, conduit and cable shall not dominate the structure or pole upon which they are attached.
(k) Except for locations in the right-of-way, small wireless facilities are not permitted on any property containing a residential use in the residential zones.
(l) The city may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights-of-way when assessing proposed siting locations so as to not adversely affect the visual character of the city. This provision shall not be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant.
(m) These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape.
(6) New Poles in the Rights-of-Way for Small Wireless Facilities and All Installations in the Design Districts.
(a) New poles within the rights-of-way are permitted only if the applicant can establish that:
(i) The proposed small wireless facility cannot be located on an existing utility pole or light pole, on an electrical transmission tower, or on a site outside of the public rights-of-way such as a public park, public property, building, transmission tower, or in or on a nonresidential use in a residential zone whether by roof- or panel-mount or separate structure;
(ii) The proposed small wireless facility receives approval for a concealment element design, as described in subsection (6)(c) of this section;
(iii) The proposed small wireless facility also complies with the Shoreline Management Act, Growth Management Act, and SEPA, if applicable; and
(iv) No new poles shall be located in a critical area or associated buffer required by the city’s critical areas ordinance (Chapter 22E.010 MMC), except when determined to be exempt pursuant to said ordinance.
(b) An application for a new pole is subject to an administrative land use review and approval.
(c) The concealment element design shall include the design of the screening, fencing, or other concealment technology for a tower, pole, or equipment structure and for all related transmission equipment or facilities associated with the proposed small wireless facility, including but not limited to fiber and power connections.
(i) The concealment element design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the rights-of-way, including similar height to the extent technically feasible. If the proposed small wireless facility is placed on a replacement pole in the design districts, then the replacement pole shall be of the same general design as the pole it is replacing, unless the public works and community development directors otherwise approve a variation due to aesthetic or safety concerns. Any concealment element design for a small wireless facility on a decorative pole should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the decorative pole. Other concealment methods include, but are not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color, and texture as the surface against which the installation will be seen or on which it will be installed, landscape design, or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wire lines are installed internally in the structure. Further, applicant designs should, to the extent technically possible, comply with the generally applicable design standards adopted herein.
(ii) If the director has already approved a concealment element design either for the applicant or another small wireless facility along the same public right-of-way or for the same pole type, then the applicant shall utilize a substantially similar concealment element design, unless it can show that such concealment element design is not physically or technologically feasible or that such deployment would undermine the generally applicable design standards.
(d) Even if an alternative location is established pursuant to MMC 22C/250.120(2), the director may determine that a new pole in the right-of-way is in fact a superior alternative based on the impact to the city, the concealment element design, the city’s comprehensive plan, and the added benefits to the community.
(e) Prior to the issuance of a permit to construct a new pole or ground-mounted equipment in the right-of-way, the applicant must obtain a site-specific agreement from the city to locate such new pole or ground-mounted equipment. This requirement also applies to replacement poles where the overall height of the replacement pole and the proposed small wireless facility is more than 60 feet.
(f) These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections of the streetscape.
Examples of unacceptable and acceptable small wireless facilities:
Figure 3
Figure 4
(Ord. 3129 § 3 (Exh. B), 2019; Ord. 3125 § 4 (Exh. C), 2019).
(1) Review. The following provisions relate to review of applications for a small wireless facility permit:
(a) In any zone, upon application for a small wireless permit, the city will permit small wireless deployment on existing or replacement utility poles conforming to the city’s generally applicable development and design standards, adopted pursuant to MMC 22C.250.130, except as provided in subsection (2) of this section.
(b) Vertical clearance shall be reviewed by the public works director or designee to ensure that the small wireless facilities will not pose a hazard to other users of the rights-of-way.
(c) Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner’s express written consent.
(2) Community Development Department. The following requires particular review by the community development department:
(a) Small wireless deployment in areas designated as a design district pursuant to MMC 22C.250.120, which will be reviewed for compliance with MMC 22C.250.130(6);
(b) New non-city-owned poles, which will be reviewed for compliance with MMC 22C.250.130(6);
(c) Replacement poles deviating from the pole design standards adopted pursuant to MMC 22C.250.130, as such replacement poles must seek authorization pursuant to MMC 22C.250.160.
(3) Eligible Facilities Requests. The design approved in a small wireless facility permit shall be considered concealment elements and such facilities may only be expanded upon an eligible facilities request described in MMC 22C.250.200 when the modification does not defeat the concealment elements of the small wireless facility.
(4) Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 U.S.C. Sections 253 and 332 and other applicable statutes, regulations, and case law. Applicants for franchises and the small wireless facility permits shall be treated in a competitively neutral and nondiscriminatory manner with other service providers, utilizing supporting infrastructure that is functionally equivalent; that is, service providers whose facilities are similarly situated in terms of structure, placement, or cumulative impacts. Small wireless facility permit review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services.
(5) Final Decision. Any decision by the director shall be final and not be subject to administrative appeals.
(6) Public Comment. The city shall provide notice of a complete application for a small wireless facility permit on the city’s website, with a link to the application. The notice shall include an email contact and telephone number for the applicant to answer citizen inquiries. The applicant is encouraged to host informational meetings for the public regarding the deployment. The city shall post meeting notices, if any, for informational meetings on its website. These meetings are for the public’s information and are neither hearings nor part of any land use appeal process.
(7) Withdrawal. Any applicant may withdraw an application submitted pursuant to MMC 22C.250.110 at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or by their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the director’s decision, then reimbursement of fees submitted in association with said application shall be prorated to withhold the amount of city costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the director’s decision, there shall be no refund of all or any portion of such fee.
(8) Supplemental Information. Failure of an applicant to provide additional information as requested pursuant to MMC 22C.250.110(12) by the community development director within 60 days of notice by the director shall be deemed a denial of that application, unless an extension period has been requested of, and approved by, the director. (Ord. 3125 § 4 (Exh. C), 2019).
(1) The grantee of any permit shall comply with all of the requirements within the small wireless permit.
(2) Small wireless facilities shall apply for and be issued a right-of-way use permit to install such small wireless facilities in accordance with the standard requirements of the city for use of the right-of-way.
(3) Post-Construction Record Drawings. Within 30 days after construction of the small wireless facility, the grantee shall provide the city with record drawings of the small wireless facilities demonstrating compliance with the permit and site photographs.
(4) Permit Time Limit. Construction of the small wireless facility must be completed within one year after the approval date by the city. The grantee may request one extension, to be limited to three months, if the applicant cannot construct the small wireless facility within the original one-year period.
(5) Site Safety and Maintenance. The grantee must maintain the small wireless facilities in safe and working condition. The grantee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site. (Ord. 3129 § 3 (Exh. B), 2019; Ord. 3125 § 4 (Exh. C), 2019).
(1) The community development director may authorize minor deviations designated by the applicant in an application for a small wireless permit, from the dimensional design and concealment techniques referenced in the exhibits to the franchise or the design standards.
(2) Deviations in the height, dimension or volume of small wireless facilities which are necessary to conform the facilities to the requirements of the pole owner, to provide adequate safety clearances or to address similar technical issues may be approved as minor deviations; provided, that the deviations do not cause the facility to exceed the height and volumetric limitations contained in the definition of a small wireless facility. Replacement of components of an existing, approved small wireless facility which do not exceed the volumetric limitations contained in the definition of a small wireless facility may also be approved as a minor deviation; provided, however, in each instance the modified facilities do not defeat the concealment requirements set by the city’s generally applicable aesthetic, design and concealment standards or a concealment plan approved pursuant to this chapter.
(3) The decision of the director to approve a small wireless permit with a minor deviation, if any, shall be final and is not subject to review under city code.
(4) A small wireless facility permit shall not be required for routine maintenance and repair of a small wireless facility within the rights-of-way or for the replacement of an antenna or equipment of similar size, weight, and height; provided, that such replacement does not defeat the concealment elements used in the original deployment of the small wireless facility, does not impact the structural integrity of the pole, and does not require pole replacement. Further, a small wireless facility permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facility. However, routine maintenance, repair, or replacement shall comply with Chapter 12.02A MMC and the Marysville engineering design and development standards (EDDS), including the general standards applicable to the use of the rights-of-way described in MMC Title 12. (Ord. 3125 § 4 (Exh. C), 2019).
(1) The issuance of a small wireless permit grants authority to construct small wireless facilities in the rights-of-way in a consolidated manner to allow the applicant, in most situations, to avoid the need to seek duplicative approval by both the public works and the community development departments. If the applicant requires a new franchise to utilize the right-of-way, the franchise approval may be consolidated with the small wireless facility permit review if requested by the applicant. As an exercise of police powers pursuant to RCW 35.99.040(2), the small wireless facility permit is not a right-of-way use permit, but instead a consolidated public works and land use permit, and the issuance of a small wireless facility permit shall be governed by the time limits established by federal law for small wireless facilities.
(2) The general standards applicable to the use of the rights-of-way described in MMC Title 12 and the Marysville engineering design and development standards shall apply to all small wireless facility permits. (Ord. 3125 § 4 (Exh. C), 2019).
Congress and the Federal Communications Commission (FCC) have, pursuant to the authority granted by 47 U.S.C. Sections 253(c) and 332(a), required local governments to act on wireless communication facility applications within a reasonable period of time and have established time limits or “shot clocks” for local review. The Washington State Legislature has also adopted similar limitations under the provisions of Chapter 35.99 RCW. Accordingly, the city adopts the following time limits for review of applications for eligible facility requests, small wireless permits, and other approvals for service providers of telecommunication services. (Ord. 3125 § 4 (Exh. C), 2019).
The city shall make every reasonable effort to comply with the requirements of 47 CFR Sections 1.40001 and 1.6003 and the presumptively reasonable time periods for review established therein and identified in the table below:
Facility Type | Time Frame for Review (commences at submittal) | Days to Determine Application Completeness |
|---|---|---|
Eligible Facilities Modification | 60 days | 30 days |
Small Wireless Facility (SWF) on Existing Structure | 60 days | 10 days |
Small Wireless Facility (SWF) on New Structure | 90 days | 10 days |
Wireless Communication Facility Co-location, excluding SWF | 90 days | 30 days |
Wireless Communication Facility – Nonco-location (e.g., new tower, pole, structure), excluding SWF | 150 days | 30 days |
(Ord. 3125 § 4 (Exh. C), 2019).
(1) Application Review.
(a) Application. The community development director or designee shall prepare and make publicly available an application form that shall be limited to the information necessary for the city to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification.
(b) Type of Review. Upon receipt of an application for an eligible facilities request pursuant to this chapter, the director shall review such application to determine whether the application qualifies as an eligible facilities request.
(c) Time frame for review shall be as outlined in MMC 22C.250.190.
(d) Determination That Application is Not an Eligible Facilities Request. If the director determines that the applicant’s request does not qualify as an eligible facilities request, the director shall deny the application. To the extent additional information is necessary, the director may request such information from the applicant to evaluate the application under other provisions of this chapter and applicable law.
(2) Failure to Act. In the event the director fails to approve or deny a request for an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
(3) Remedies. Both the applicant and the city may bring claims related to Section 6409(a) of the Spectrum Act to any court of competent jurisdiction. (Ord. 3125 § 4 (Exh. C), 2019).
A substantial change is a modification that substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
(1) For towers other than towers in the public right-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;
(2) For towers other than towers in the public right-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(3) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public right-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;
(4) It entails any excavation or deployment outside the current site;
(5) It would defeat the concealment elements of the eligible support structure; or
(6) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above. (Ord. 3125 § 4 (Exh. C), 2019).
A decision of the community development director or designee made in accordance with this chapter, including assessment of fees as provided herein, shall be considered a final administrative land use decision. (Ord. 3125 § 4 (Exh. C), 2019).
(1) Each permit granted pursuant to this chapter shall contain a condition which requires the permittee to reimburse the city for all direct and indirect expenses reasonably incurred in connection with the modification, amendment, or transfer of the permit.
(2) Each permittee shall be required to reimburse the city for all direct and indirect expenses not otherwise covered by permit application fees reasonably incurred while reviewing, inspecting, and supervising the construction, installation, and/or maintenance of a WCF authorized by a permit granted pursuant to this chapter.
(3) Costs incurred by the city in response to any emergency at the WCF shall be included within the reimbursable expenses set forth in this section. (Ord. 3125 § 4 (Exh. C), 2019).
Each permittee shall maintain its WCF or small wireless facilities in a good and safe condition and preserve its original appearance and concealment, disguise, or camouflage elements incorporated into the design at the time of approval and in a manner which complies with all applicable federal, state, and local requirements. Such maintenance shall include, but not be limited to, such items as painting, repair of equipment, and maintenance of landscaping. (Ord. 3125 § 4 (Exh. C), 2019).
All licensed carriers shall demonstrate that the WCF or small wireless facilities comply with FCC regulations by submitting a copy of the nonionizing electromagnetic radiation (NIER) report with any WCF permit application and a revised NIER report with any update of facilities that increases NIER. (Ord. 3125 § 4 (Exh. C), 2019).
(1) Each licensed carrier shall submit manufacturer’s specification sheets of the equipment to be deployed to demonstrate compliance with state and city noise regulations. The carrier shall conduct tests, if necessary, to demonstrate compliance with all applicable local regulations regarding the noise emissions of the WCF. All such tests shall be performed by or under the supervision of a qualified acoustical consultant competent to perform such tests and interpret the data gathered.
(2) Where determined necessary by the community development director, all licensed carriers shall submit a report, certified by a qualified acoustical consultant, setting forth the observed noise levels at the property line of the property upon which the WCF is located. The report shall account for background noise and other noise sources and demonstrate the noise levels emitted by the WCF, including any air conditioning or ventilation equipment contained therein.
(3) Compliance reports shall be required when necessary to address existing or ongoing noise concerns.
(4) The city may retain a technical expert in environmental noise measurement to verify the noise measurements and certification. The cost of such a technical expert shall be borne by the licensed carrier.
(5) This section shall not apply to any WCF that does not contain air conditioning equipment. (Ord. 3129 § 3 (Exh. B), 2019; Ord. 3125 § 4 (Exh. C), 2019).
All WCFs shall be protected from unauthorized use through appropriate means approved by the director on a case-by-case basis consistent with the purpose of protecting the public health, safety, and welfare. (Ord. 3125 § 4 (Exh. C), 2019).
The city may retain the services of an independent technical expert such as a registered professional electrical engineer accredited by the state of Washington who holds a federal communications general radio telephone operator license. The engineer will provide technical evaluation of permit applications for WCFs or small cell wireless facilities. The applicant shall pay all the costs of said review. (Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22C.250.090).
Whenever the city encounters radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one or more WCFs, the following steps shall be taken:
(1) Upon notification by the city to WCF service providers potentially interfering with public safety communications equipment, the providers shall cooperate and coordinate with the city and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety “Best Practices Guide,” released by the FCC in February 2001, including the “Good Engineering Practices,” as may be amended or revised by the FCC from time to time.
(2) If any WCF owner fails to cooperate with the city in complying with the owner’s obligations under this section, or if the FCC makes a determination of radio frequency interference with the city public safety communications equipment, the owner who fails to cooperate and/or the owner of the WCF which caused the interference shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the city for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the jurisdiction to determine the source of the interference. For the purposes of this subsection, “failure to cooperate” shall include failure to initiate any response or action as described in the “Best Practices Guide” within 24 hours of the city’s notification. (Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22C.250.100).
(1) Discontinuance or Abandonment. Any WCF that is not operated for a period of 12 months shall be considered abandoned, and the owner of such WCF shall remove the WCF within 90 days of receipt of notice from the governing authority notifying the owner of such abandonment. If such WCF is not removed within said 90 days, the governing authority may remove the WCF at the owner’s expense. An extension may be requested and granted for up to 12 months by the community development director if good cause is shown, the WCF is maintained, and conditions would not be detrimental to the public health, safety, or general welfare. If there are two or more users of a single WCF, then this provision shall not become effective until all users cease using the WCF. (Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22C.250.110).
In addition to the remedies and process set forth in Chapter 22I.010 MMC, a permit issued pursuant to this chapter may be revoked for the following reasons:
(1) Construction and/or maintenance operation of a WCF or small wireless facilities at an unauthorized location;
(2) Construction or operation of a WCF or small wireless facilities in violation of any of the terms and conditions of this chapter or the conditions attached to the permit;
(3) Misrepresentation or lack of candor by or on behalf of an applicant, permittee, or wireless communications service provider in any application or written or oral statement upon which the city substantially relies in making the decision to grant, review or amend any permit pursuant to this chapter;
(4) Abandonment of a WCF as set forth in this chapter;
(5) Failure to relocate or remove facilities as required in this chapter; or
(6) Failure to promptly cure a violation of the terms or conditions of the permit. (Ord. 3125 § 4 (Exh. C), 2019).
In the event that the city believes that grounds exist for revocation of a permit, the permittee shall be given written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the permittee a reasonable period of time not exceeding 30 calendar days to furnish evidence:
(1) That corrective action has remedied the violation or noncompliance;
(2) That rebuts the alleged violation or noncompliance; and/or
(3) That it would be in the public interest to impose some penalty or sanction less than revocation. (Ord. 3125 § 4 (Exh. C), 2019).
(1) In the event that a permittee fails to provide evidence reasonably satisfactory to the city as provided in MMC 22C.250.320, the city shall refer the apparent violation or noncompliance to the hearing examiner. The city shall provide the permittee with notice as described in MMC 22G.010.110 and 22G.010.120, and a reasonable opportunity to be heard concerning the matter and a public hearing shall be conducted.
(2) The hearing examiner shall provide a decision as outlined in MMC 22G.060.110.
(3) In making its decision, the hearing examiner shall apply the following factors:
(a) Whether the misconduct was egregious;
(b) Whether substantial harm resulted;
(c) Whether the violation was intentional;
(d) Whether there is a history of prior violations of the same or other requirements;
(e) Whether there is a history of overall compliance; and
(f) Whether the violation was voluntarily disclosed, admitted or cured. (Ord. 3125 § 4 (Exh. C), 2019).
The purpose of this section is to support local business owners, stimulate economic vitality, and protect public health and safety associated with the operation of mobile food vending units. (Ord. 3206 § 2, 2022).
Mobile food vendors operating on private property shall provide the city with the following information:
(1) All mobile food vendors shall require a business license per Chapter 5.02 MMC.
(2) A site plan depicting the following:
(a) Vehicle ingress and egress;
(b) Location of the mobile food vending unit, signs, and accessory equipment such as tables and canopies, if any; and
(c) Site conditions including property lines, parking, and buildings.
(3) Photograph of the mobile food vending unit, proposed signs, and any accessory equipment.
(4) Copy of Snohomish health district permit.
(5) Evidence of current Washington State vehicle registration.
(6) The mobile food vendor must obtain a signed agreement between the property owner and the mobile food vendor allowing use of the property for the mobile food business including written permission from the property owner for employees of the mobile food vendor to use the property owner’s restroom. Portable restrooms are not permitted on site.
(7) Certificate of public liability insurance in an amount not less than $500,000 for injuries, including those resulting in death, resulting from any one occurrence, and on account of any one accident.
(8) Property damage insurance of not less than $25,000 for damages on account of any one accident or occurrence. (Ord. 3206 § 2, 2022).
The following general regulations apply to mobile food vendors:
(1) Mobile food vending units shall be temporary in nature, and may not operate from the same property more than three days of any calendar week, or 12 days per month.
(2) The hours of operation for mobile vending are limited to 7:00 a.m. to 11:00 p.m.
(3) No portion of the mobile food vending unit may be used as sleeping quarters.
(4) All attachments to the mobile food vending unit including, but not limited to, signs, lights, overhangs and awnings, shall be maintained in a manner that does not create a hazard to pedestrians, customers or vehicles.
(5) Mobile food vendors shall not obstruct sidewalks, streets, access points, fire lanes, or parking lot circulation by either the location of the mobile food vending unit or its accessories.
(6) The mobile food vendor shall comply with Chapter 16.12 MMC, National Electrical Code and Washington Cities Electrical Code, for electrical service to the mobile food vending unit. Electrical lines shall not be located overhead or on the ground in any location to which the public has access.
(7) All mobile food vending units shall obtain fire district approval prior to operating in the city and shall comply with all fire district standards.
(8) Trash and Other Waste.
(a) The mobile food vendor shall leave the site clean and vacant each day, including picking up all trash and litter within 100 feet of the mobile food vending unit.
(b) Trash receptacles not intended for customer use shall be screened from public view and securely covered.
(c) The mobile food vendor shall install and maintain an adequate grease trap in the mobile food vending unit.
(d) Grease shall be properly disposed of per adopted Washington State health regulations.
(e) Wastewater generated by the mobile food vending unit shall be disposed of in a proper manner and documented. (Ord. 3206 § 2, 2022).
(1) Mobile food vending units shall be prohibited in the following areas:
(a) Any residential zones and abutting rights-of-way.
(b) City rights-of-way.
(c) Private streets.
(d) Parking areas unless it can be demonstrated that the minimum parking requirements are met on each site.
(e) Mobile food vending units may be allowed within the prohibited areas in subsections (1)(a) through (c) of this section if approved as part of a special event permit, or when approved to be located on a city-owned property.
(2) Mobile food vending may be allowed on city-owned properties approved pursuant to either city contract, or a special event permit per Chapter 5.46 MMC and MMC 22C.260.050.
(3) Mobile food vending units shall be located at least 100 feet from an existing eating and drinking place except when the legal owner of the eating and drinking place provides written permission for the vending unit to be located closer. Distance shall be measured using the shortest possible straight line from the closest edge of the mobile food vending unit to the closest edge of the restaurant building.
(4) Mobile food vending units are allowed on private properties in commercial, industrial, recreation and public institutional zones. Mobile food vendors are subject to the following requirements:
(a) One portable pop-up tent that does not exceed 120 square feet or up to three tables with beach type umbrellas may be permitted accessory to the mobile food vending unit. No cooking shall take place under the tent. Umbrellas and canopies must be removed at the end of the day.
(b) The mobile food vending unit may not diminish required off-street parking for another use.
(c) The mobile food vending unit shall conform to the standard front setback for the zoning district.
(d) All temporary signage associated with the mobile food vending unit shall be limited to 10 square feet. (Ord. 3206 § 2, 2022).
Mobile food vendors may operate on private and public properties as part of an approved special event permit, subject to the following:
(1) Management of vendors, such as vendor selection, booth location and products offered, shall be the responsibility of the event sponsor. Through the special event permit process, the city may regulate the location of vendors to protect the health, safety and general welfare of the public and ensure that the event does not adversely affect the ability of the city to perform its duties and functions.
(2) The event sponsor shall be responsible for ensuring that the vendors who prepare food or beverages on or off site, and who intend to sell or serve food or beverage items to the public, have the required insurance policy as required by the city’s current insurance provider. Said insurance shall list the city of Marysville as additional insured and will include the endorsement of said policy.
(3) The event sponsor shall be responsible for ensuring that all food vendors have the necessary permits from the Snohomish health district or other applicable state or county regulatory agency. (Ord. 3206 § 2, 2022).
A mobile food vendor, permitted pursuant to this chapter, may have its license revoked, suspended, or denied subject to MMC 5.02.130 if the city finds:
(1) The vendor has violated or failed to meet the terms of this chapter or other applicable sections of the municipal code or conditions of approval; or
(2) The mobile food vending unit operation is detrimental to the surrounding businesses or to the public due to either appearance or conditions of the unit. (Ord. 3206 § 2, 2022).
This chapter provides standards so that clean energy sources can be encouraged while ensuring compatibility of the energy system with the principal use of the property and minimizing adverse impacts on surrounding properties. (Ord. 2870 § 3, 2011).
Solar panels or arrays are permitted as an accessory use to commercial and residential uses subject to the following conditions:
(1) The solar panel or array must not be located within a required setback, or on a structure within a required setback;
(2) Solar panels or arrays may extend above the base height for the zone; provided, that they are mounted at the minimum height necessary to generate usable energy;
(3) The solar panel or array shall not cause excessive glare or reflections so as to constitute a hazard to pedestrians and/or vehicular traffic;
(4) Any installation of a solar panel or array shall comply with any and all applicable provisions of the International Building Code, International Residential Code, International Fire Code, and National Electrical Code;
(5) The solar panel, array, and/or accessory components located on the ground shall be located in the side or rear yards in residential zones, and screened with a minimum six-foot-tall, sight-obscuring fence in both residential and commercial zones. The community development director may waive or modify the screening requirement under the following circumstances:
(a) The screening will render the solar system ineffective and there are no suitable alternative locations on site to locate the solar system where screening is feasible; or
(b) Where abutting uses will not be adversely affected by an unscreened solar system due to existing physical improvements, physiographic features, landscaping and/or other factors.
(6) No interconnected solar energy system shall be installed unless evidence has been submitted to the city that the utility company has been informed of the customer’s intent to install an interconnected customer-owned, solar energy system. Off-grid systems shall be exempt from this requirement. (Ord. 2870 § 3, 2011).
The purpose of this chapter is to:
(1) Provide for a needed community service while ensuring that adequate public facilities are available to the residents of enhanced services facilities; and
(2) Promote compatibility with surrounding land uses. (Ord. 3196 § 4 (Exh. B), 2021).
The standards in this chapter apply to any “enhanced services facility,” as defined in Chapter 22A.020 MMC. (Ord. 3196 § 4 (Exh. B), 2021).
At least 15 days prior to filing an application with the city to establish an enhanced services facility, the owner and/or sponsor shall mail written notice to owners of contiguous properties and to the community development department of their intention to establish the facility. The notice shall list the name and contact information for the owner or sponsor, in order to provide neighboring property owners the opportunity to contact them with questions, and include a description of the proposed facility, its location, and proposed number of residents. The owner or sponsor shall address questions or concerns from neighboring property owners to the extent possible in the management plan required by MMC 22C.280.040. When the formal application for the enhanced services facility is received, notice shall be provided in accordance with MMC 22G.010.090. (Ord. 3196 § 4 (Exh. B), 2021).
The owner or sponsor of the facility shall provide the community development director with a management plan for the facility addressing the following:
(1) How the facility can appropriately meet the assessed needs of potential residents through appropriate staffing and best management practices;
(2) Potential impacts on nearby residential uses and proposed methods to mitigate those impacts;
(3) Facility management, including 24-hour contact information for persons responsible to resolve concerns pertaining to the facility, and procedures for updating neighbors with changes in contact information;
(4) Staffing, supervision and security arrangements appropriate to the facility; and
(5) A communications plan for providing information to the surrounding neighborhood. (Ord. 3196 § 4 (Exh. B), 2021).
(1) Figure 1 in this section identifies properties eligible for enhanced services facilities.
Figure 1.
Click for high-resolution PDF
(Ord. 3196 § 4 (Exh. B), 2021).
(1) The facility shall obtain all necessary licenses, certificates and approvals from state and federal agencies.
(2) The facility shall serve only individuals who do not pose a direct threat and a significant risk to others, and who have been assessed as medically and psychiatrically stable.
(3) No more than one enhanced services facility shall be permitted per site.
(4) Enhanced services facilities shall be limited to not more than 16 residents.
(5) No enhanced services facilities shall be located within one-quarter mile of any other.
(6) No enhanced services facility shall be located within 300 feet of an existing day care or school. Existing day cares or schools are those that were established on or prior to the effective date of Ordinance 3196 adopted October 11, 2021. (Ord. 3196 § 4 (Exh. B), 2021).
The purpose of this chapter is to:
(1) Establish reasonable standards to allow and establish a review process for the location, siting and operation of emergency housing and shelters as defined in MMC 22A.020.060; and
(2) Protect public health and safety of the residents and broader community by requiring safe operation of the facilities. (Ord. 3205 § 9, 2022).
(1) The standards in this chapter apply to emergency housing and emergency shelters, as defined in MMC 22A.020.060.
(2) This chapter does not include regulations for temporary transitory accommodations, transitional housing or permanent supportive housing. (Ord. 3205 § 9, 2022).
(1) At least 15 days prior to filing an application with the city to establish an emergency housing or emergency shelter facility, the owner and/or sponsor shall mail written notice to owners within 600 feet of the boundaries of the proposed site and to the community development director of their intention to establish the facility. The notice shall list the name and contact information for the owner and/or sponsor, if any, in order to provide neighboring property owners the opportunity to contact them with questions, and include a description of the proposed facility, its location, and proposed number of residents. The owner or sponsor shall address questions or concerns from neighboring property owners, to the extent possible, in the operations/management plan required by MMC 22C.290.040(5). When the formal application for the supportive housing facility is received, notice of application shall be provided in accordance with MMC 22G.010.090.
(2) Permit applications for an emergency housing or emergency shelter facility must be made on forms prescribed by the city. (Ord. 3205 § 9, 2022).
(1) Emergency housing and emergency shelter facilities shall comply with MMC Title 16, Building.
(2) If provided, exterior lighting must be directed downward and glare must be contained within the facility site to limit the impact on neighboring properties. Additional lighting may be provided if requested by neighboring properties.
(3) The sponsor and/or property owner shall ensure compliance with Washington State laws and regulations, the Marysville Municipal Code (MMC), and Snohomish health district regulations.
(4) Parking requirements shall be in accordance with Chapter 22C.130 MMC, Parking and Loading. No on-street parking shall be allowed.
(5) An operations plan must be provided by the sponsor and/or property owner at the time of application that addresses the following elements to the satisfaction of the city:
(a) Name and contact information for key staff;
(b) Roles and responsibilities of key staff;
(c) Site/facility management, including a security and emergency plan;
(d) Site/facility maintenance;
(e) 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;
(f) Provision of human and social services, including staffing plan and outcome measures;
(g) Outreach with surrounding property owners and residents and ongoing good neighbor policy; and
(h) Procedures for maintaining accurate and complete records;
(i) Additional information as requested by the community development director to ensure current best practices for emergency housing and indoor emergency shelters are used.
(6) A description of transit, pedestrian, and bicycle access from the subject site to services must be provided at time of application by the sponsor and/or the property owner.
(7) On-site supervision must be provided at all times, unless it can be demonstrated through the operations plan that this level of supervision is not warranted for the population being housed. Details related to on-site supervision, such as the persons/positions identified for on-site supervision and shift schedule, are required.
(8) Sponsors and/or owners shall either:
(a) Demonstrate experience providing similar services to people experiencing homelessness; or
(b) Provide certifications or academic credentials in an applicable human service field;
(c) Should a sponsor and/or managing agency not have any of the preceding qualifications, additional reasonable measures may be required to minimize risk to both residents of the supportive housing facility and the broader community.
(9) Sponsors and/or owner shall demonstrate a stable funding source for the facility and any on-site or off-site human and social services offered as part of the operations plan.
(10) The sponsor and/or managing agency shall designate points of contact and provide contact information (24-hour accessible phone contact) to the Marysville police department (MPD).
(11) Facilities shall not be located closer than 600 feet to an elementary school, middle school, or high school. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing school and the closest property line of the proposed facility.
(12) In residential zones, no more than one adult bed per 200 square feet of floor area is allowed per facility.
(13) Residents shall have access to the following services on site; if not provided on site, transportation shall be provided to each service:
(a) For all facilities, medical services, including mental and behavioral health counseling.
(b) For emergency housing facilities, access to resources on obtaining permanent housing and access to employment and education assistance.
(c) For emergency shelter facilities, substance abuse assistance.
(14) In residential zones, social services for people experiencing homelessness must be provided off site. Direct intake of residents at the site is not allowed, unless approved by the city with additional details provided in the operations plan.
(15) Trash receptacles must be provided in multiple locations throughout the facility and site. A regular trash patrol in the immediate vicinity of the site must be provided.
(16) All functions associated with the facility, including adequate waiting space, must take place within a building or on the site proposed to house the facility.
(17) The number of toilets and other hygiene facilities required for each facility will be determined by the community development director on a case-by-case basis in consultation with the Snohomish health district after a review of factors such as the potential number and composition of residents.
(18) Facilities serving more than five residents shall have dedicated space for residents to meet with service providers.
(19) Residents and staff must comply with all Snohomish health district requirements related to food donations.
(20) No children under the age of 18 are allowed to stay overnight in the facility, unless accompanied by a parent or guardian, or unless the facility is licensed to provide services to this population. If a child under the age of 18 without a parent or guardian present attempts to stay in a facility not specifically licensed for providing housing to youth, the sponsor and/or managing agency shall immediately contact Child Protective Services and actively endeavor to find alternative housing for the child.
(21) For health and safety reasons, the sponsor and/or managing agency shall perform background checks and obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information.
(22) Level 1 sex offenders may be permitted in the facility, following the registration requirements. Level 2 and Level 3 sex offenders are prohibited from the facility. Should the sponsor and/or managing agency become aware of a current or prospective facility resident who is an unregistered sex offender, it shall immediately contact the Marysville police department. The sponsor and/or managing agency shall provide notice to prospective residents that the sponsor and/or managing agency will report any current or prospective resident who is an unregistered sex offender to the Marysville police department.
(23) The sponsor or managing agency shall coordinate with the homelessness service providers for referrals to their program and with other providers of facilities and services for people experiencing homelessness to encourage access to all appropriate services for their residents. (Ord. 3205 § 9, 2022).
The purpose of this chapter is to apply the design standards and guidelines in the Lakewood neighborhood master plan, as adopted by Ordinance No. 3053, as legally required standards for all new construction in the Lakewood neighborhood master plan area (“MPA”). It is also the purpose of this chapter to:
(1) Encourage the realization and creation of a desirable and aesthetic environment in the Lakewood neighborhood MPA;
(2) Encourage and promote development which features amenities and excellence in site planning, streetscape, building design and contribution to community charm;
(3) Encourage creative approaches to the use of land and related physical developments;
(4) Provide clear objectives for those embarking on the planning and design of projects in the Lakewood neighborhood;
(5) Increase awareness of design considerations among the citizens of the Lakewood neighborhood; and
(6) Bring the range of uses together by individual site plans that will:
(a) Demonstrate how the elements of the site relate to the street front;
(b) Provide for compatibility with adjacent land uses;
(c) Provide protection or mitigation of natural features;
(d) Enhance street fronts and street corners;
(e) Promote public safety;
(f) Incorporate service areas and storm water facilities in a nonobtrusive manner; and
(g) Provide convenient pedestrian and vehicle circulation connecting on-site activities with adjacent pedestrian routes and streets. (Ord. 3265 § 3 (Exh. A), 2023).
(1) Applicability.
(a) The design guidelines set forth in the Lakewood neighborhood master plan, as adopted by Ordinance No. 3053, shall apply to all new construction in the Lakewood neighborhood MPA, as depicted in Figure 1.
(b) The design guidelines shall be legally required standards, which shall be applied by the city to all development approvals and permits in the Lakewood neighborhood MPA.
(c) The following activities shall be exempt from these standards and guidelines:
(i) Construction activities which do not require a building permit;
(ii) Interior remodels of existing structures;
(iii) Modifications or additions to existing multifamily, commercial, industrial, office and public properties when the modification or addition:
(A) Constitutes less than 10 percent of the existing horizontal square footage of the use or structure; and
(B) Constitutes less than 10 percent of the existing building’s exterior facade.
(d) Where the standards in this chapter conflict with other standards outlined in MMC Title 22, Unified Development Code, the director shall determine which regulation applies based on which is more in the public interest and more consistent with the comprehensive plan.
(2) Interpreting and Applying the Design Standards.
(a) These standards capture the community visions and values as reflected in the comprehensive plan’s neighborhood planning areas. The city’s community development director retains full authority to determine whether a proposal meets these standards.
(b) Within these standards, certain words are used to indicate the relative importance and priority the city places upon a particular standard.
(i) The words “shall,” “must,” “will,” and “is/are required,” or words with their equivalent meaning, mean that the development proposal must comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance; or
(B) The development proposal meets the intent of the standards in some other manner.
(ii) The word “should,” or words with its equivalent meaning, means that the development proposal will comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance;
(B) The development proposal meets the intent of the standards in some other manner; or
(C) There is convincing evidence that applying the standard would not be in the public interest.
(iii) The words “is/are encouraged,” “can,” “consider,” “help,” and “allow,” or words with their equivalent meaning, mean that the action or characteristic is allowed and will usually be viewed as a positive element in the city’s review.
(c) 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.(Ord. 3265 § 3 (Exh. A), 2023).
The Lakewood neighborhood MPA encompasses planning area no. 11, as identified in Section 4, Land Use Element, of the Marysville Comprehensive Plan, and is generally bounded by the Burlington Northern Santa Fe railroad on the west, the city’s urban growth area boundary north of 172nd Street NE, Interstate 5 on the east, and 140th Street NE on the south. Near 172nd Street NE, the planning area extends across the railroad to include Lakewood schools. At the south tip of Lakewood, the area again extends west of the railroad, as identified in Figure 1:

Figure 1 – Map of the Lakewood Neighborhood Master Plan Area
(Ord. 3265 § 3 (Exh. A), 2023).
(1) Applicability.
(a) 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.
(b) The site and building design standards of this section apply to multifamily and townhome developments, whereas only subsections (2) and (4) of this section apply to single-family developments.
(2) Relationship of Buildings to Site and Street Front and Open Space.
(a) The site shall be oriented and designed to create an attractive street edge and accommodate pedestrian access. The following provisions apply:
(i) The street edge shall be defined with buildings, landscaping or other features.
(ii) Primary building entrance(s) shall face the street unless it is not feasible due to parcel size, topography, environmental conditions, or other factors as determined by the director, and alternate design elements are incorporated into the facade which enliven the streetscape. Alternatively, for multifamily projects, building entries that face onto a courtyard which is oriented towards the street are acceptable. Multifamily residential buildings that face common open space shall also provide a prominent building entry facing the street conforming to subsection (8) of this section.
(iii) Buildings with individual ground floor entries should face the street and/or common open space to the extent possible. Alternatively, for multifamily projects, configurations where entries face onto a courtyard or open space that is oriented to the street are acceptable.
(iv) Buildings shall provide windows that face the street to provide “eyes on the street” for safety. To meet this requirement, at least 15 percent of the facade facing the street shall be occupied by transparent windows or doors. See Figure 2.
Figure 2 – Illustration of facade transparency requirements which enhance safety and the relationship to the street front
(v) Provide for a sidewalk at least five feet wide if there is not space in the public right-of-way.
(vi) Provide building entries that are accessed from the sidewalk. These pathways must be separated from parking and drive aisles and must not cross a parking lot.
(vii) Unless the building is immediately adjacent to the public ROW, the yard or open space between the street and the building front shall be landscaped. At least 20 percent of the landscaped area shall be trees and shrubs.
(viii) Private ground floor living spaces directly facing a public ROW and within 60 feet of the street shall be screened with planting (shrubs and trees) at least two feet high.
(b) The development shall create a well defined streetscape to allow for the safe movement of pedestrians.
(c) For multifamily residences, no more than 50 percent of the total public street front may be occupied by parking 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 pedestrian-oriented streets. If none are designated, then only one street frontage. Parking lots shall not be located at the intersection of public streets.
(d) For properties facing 172nd Street NE, buildings shall be set back sufficiently to provide space for the public multi-use pathway, storm water management, landscaping, utilities, or other multi-use trails as determined by the director. Additionally, all residential buildings should be set back at least 20 feet from the public multi-use pathway and be landscaped with a mix of trees, shrubs, and ground cover. At least 50 percent of the landscaping must be trees and shrubs. The public trail should be distinguished from a semi-private yard with a short fence, hedge, or retaining wall (maximum four feet in height). The director may exempt the development from providing street trees if they are provided by the public improvement package.
(e) Relationship to Common Open Spaces or Designated Pedestrian Streets. The following applies to residential buildings facing common open spaces.
(i) For residences that do not have ground floor living spaces (e.g., that have a ground floor garage facing the park), there should be at least a five-foot planting strip along the base of the building with shrubs and small trees planted to form a continuous screen at least six feet tall (three years after planting) along the building facade. The residence must have upper story windows or a balcony facing the open space, and there must be no blank walls facing the open space on any floor, except the ground floor when screened with the plantings as noted above (see Figure 3).
Figure 3 – Planting requirements for residences without a ground floor living space fronting a common open space
(ii) For residences with ground floor living spaces facing the open space, the building must feature at least one of the public/private space transition elements described below:
(A) Deck or Porch Option. Provide at least a 60-square-foot porch or deck raised at least one foot above grade. The porch or deck must be at least six feet wide, measured perpendicular to the house face. (The deck may be recessed into the house floor plan so that the deck extends out from the house less than six feet). A low fence, rail or planting, two feet to four feet high, is recommended. A porch roof or weather protection is optional. (See Figure 4).
Figure 4 – Deck or porch option for residence/common open space transition
(B) Private Open Space Option. Provide at least a 10-foot-wide private open space along the face of the residence. The space may be paved or landscaped but must be delineated with a fence or planting two to four feet high. (See Figure 5).
Figure 5 – Private open space option for residence/common open space transition
(C) Landscaped Area. Provide a landscaped area at least eight feet wide along the face of the building. The plantings must reach three feet high within three years after planting.
(D) Raised Ground Floor. If the residence’s ground floor is at least three feet above the grade adjacent to the building, then the landscaped area in subsection (2)(e)(ii)(C) of this section, may be reduced to four feet wide.
(E) Other transition design measure that adequately protects the privacy and comfort of the residential unit and the attractiveness and usefulness of the common open space at least as effectively as subsections (2)(e)(ii)(A) through (2)(e)(ii)(D) of this section, as determined by the city.
(F) A combination of the options described above; e.g., the residence could feature a smaller deck plus some additional private open space.
Figure 6 – Note how the porches and the landscaping elements provide a graceful and inviting entrance transition from the public space to the private realm
(3) Relationship of Buildings and Site to Adjoining Area.
(a) Where adjacent buildings and neighborhoods are consistent with the comprehensive plan and desired community character, new buildings and structures should achieve the visual continuity between the proposed and existing development building setbacks, placement of structures, location of pedestrian/vehicular facilities and spacing from adjoining buildings.
(b) Solar access of the subject and adjacent properties should be considered in building design and location.
(c) Attractive landscape transition to adjoining properties shall be provided.
(d) Public and quasi-public buildings and structures shall be consistent with the established neighborhood character.
(4) Landscape and Site Treatment.
(a) 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:
(i) The landscape plan shall demonstrate visual screening from parking areas.
(ii) The landscape plan shall provide some physical separation between vehicular and pedestrian traffic.
(iii) Where feasible, the landscape plan shall integrate natural approaches to storm water management, including featured low impact development techniques.
(iv) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.
(v) Screening of outdoor service yards and other places which tend to be unsightly shall be accomplished by use of walls, fencing, planting, berms or combinations of these.
(vi) Landscaping should be designed to create definition between public and private spaces.
(vii) Where feasible, the landscape plan shall coordinate the selection of plant material to provide a succession of blooms, seasonal color, and a variety of textures.
(viii) The landscape plan shall provide a transition in landscaping design between adjacent sites, within a site, and from native vegetation areas in order to achieve greater continuity.
(ix) The landscape plan shall use plantings to highlight significant site features and to define the function of the site, including parking, circulation, entries, and open spaces.
(b) Street Landscaping. Where the site plan includes streetscape plantings, the following guidelines apply:
(i) Sidewalks and pathways should be separated from the roadway by planting strips with street trees wherever possible. Street trees, at least two-inch caliper, with spacing averaging no more than 30 feet on center, shall be provided, species as approved by the director.
(ii) Planting strips should generally be at least five feet in width. Evergreen shrubs should be no more than four feet in height and/or ground cover in accordance with the city of Marysville landscape standards (Chapter 22C.120 MMC) and Marysville administrative landscaping guidelines.
(iii) Street trees placed in tree grates may be more desirable than planting strips in pedestrian areas where space is limited.
(iv) Use of trees and other plantings with special qualities (e.g., spring flowers and/or good fall color) are strongly encouraged.
(c) 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:
(i) All publicly accessible areas shall be lighted with average minimum and maximum levels as follows:
(A) Minimum (for low or nonpedestrian and vehicular traffic areas) of one-half foot candle;
(B) Moderate (for moderate or high volume pedestrian areas) of one to two foot candles; and
(C) Maximum (for high volume pedestrian areas and building entries) of four foot candles.
(ii) Lighting shall be provided at consistent levels, with gradual transitions between maximum and minimum levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and dark areas shall be avoided.
(iii) Parking lot lighting shall be subject to the provisions set forth in MMC 22C.130.050(3)(d).
(iv) Pedestrian-scale lighting (light fixtures no taller than 15 feet) is encouraged in areas with high anticipated pedestrian activity. All fixtures over 15 feet in height shall be fitted with a full cut-off shield, be dark sky rated, and mounted no more than 25 feet above the ground with lower fixtures preferable so as to maintain a human scale. Lighting shall enable pedestrians to identify a face 45 feet away in order to promote safety.
(v) Light levels at the property line should not exceed 0.1 foot candles (fc) adjacent to business properties, and 0.05 foot candles adjacent to residential properties. All building lights shall be directed onto the building itself and/or the ground immediately adjacent to it. The light emissions should not be visible above the roofline of the building. Light fixtures other than traditional cobra heads are encouraged.
(vi) Limited uplighting on trees and provisions for seasonal lighting are acceptable.
(vii) Limited accent lighting on architectural and landscape features is encouraged to add interest and focal points.
(5) Site Design Utilizing Crime Prevention Through Environmental Design (CPTED) Principles. Development that is subject to this section shall incorporate the following CPTED strategies into building design and site layout:
(a) 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.
(b) 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.
(c) 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.
(d) Examples of ways in which a proposal can comply with CPTED principles are outlined in the CPTED guidelines for project design and review, prepared by the city.
(6) Building Design – Human-Scale Standards. The human-scale standards are intended to encourage the use of building components that relate to the size of the human body, and to add visual interest to buildings. “Human scale” addresses the relationship between a building and the human body. Generally, buildings attain a good human scale when they feature elements or characteristics that are sized to fit human activities, such as doors, porches, and balconies. A minimum of four of the following human-scale building elements shall be incorporated into the new development:
(a) 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;
(b) Bay windows or other window treatments that extend out from the building face;
(c) At least 150 square feet of pedestrian-oriented space for each 100 lineal feet of building facade;
(d) Individual windows, generally less than 16 square feet per pane and separated from the windows by at least a six-inch molding;
(e) Porches of at least 100 square feet in area;
(f) Spatially defining building elements, such as a trellis, overhang, canopy, or other element, that define space that can be occupied by people;
(g) Upper story setbacks, provided one or more of the upper stories are set back from the face of the building at least six feet;
(h) Smaller building elements near the entry of pedestrian-oriented street fronts of large buildings;
(i) Landscaping components that meet the intent of these standards; and/or
(j) 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.
Figure 7 – An example of balconies that have been integrated into the architecture of the building
(7) Building Design – Architectural Scale. The architectural scale standards are intended to encourage compatibility of structures with nearby structures, to help the building fit in with its context, and to add visual interest to buildings.
(a) Vertical Facade Modulation. All new residential buildings shall provide modulation (measured and proportioned inflection or setback in a building’s facade) on facades facing a street, common open space, public area, or common parking area as follows:
(i) Buildings with facades that are 30 feet or longer shall provide vertical modulation of the exterior wall that extends through all floors; provided, that where horizontal modulation is used, different stories may be modulated at different depths.
(ii) The minimum modulation depth shall be three feet and the minimum modulation width for each modulation shall be 10 feet. On facades that are 100 feet or longer, the minimum depth of modulation shall be five feet and the minimum width for each modulation shall be 20 feet.
(iii) The minimum modulation depth identified in subsection (7)(a)(ii) of this section may be reduced to two feet if tied to a change in color or building materials, and/or roofline modulation as defined in subsection (7)(c) of this section.
(iv) The director may consider departures from these standards, provided the proposed treatment meets or exceeds the intent of these standards.
(b) Facade Articulation. All new residential buildings shall include three of the following articulation features at intervals of no more than 30 feet along all facades facing a street, common open space, public area, and common parking areas:
(i) Repeating distinctive window patterns at intervals of no more than 30 feet (see Figure 8 below for an example).
(ii) Horizontal modulation (upper level step-backs, see Figure 9). To qualify for this measure, the minimum horizontal modulation shall be five feet.
(iii) Balconies that are recessed or projected from the facade at least 18 inches and integrated with the building’s architecture as determined by the director.
(iv) Change of building materials.
(v) Articulation of the building’s top, middle, and bottom. This typically includes a distinctive ground floor or lower floor design, consistent articulation of middle floors, and a distinctive roofline (see Figures 8 and 9).
(c) Roofline Modulation. Roofline modulation can be used in order to articulate the structure.
(i) In order to qualify as an articulation element in subsection (7)(b) of this section or in this subsection, the roofline shall meet the following modulation requirement:
(A) For flat roofs or facades with horizontal eaves, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of the wall) when combined with vertical building modulation techniques described in subsection (7)(a) of this section. Otherwise, the minimum vertical dimension of roofline modulation is the greater of four feet or 0.2 multiplied by the wall height.
(B) Buildings with pitched roofs must include a minimum slope of 5:12 and feature modulated roofline components at the interval required per the applicable standard above.
Figure 8 – Note the repeating distinct window patterns and the articulation of the building’s top, middle and bottom
Figure 9 – An example of articulating a building’s top, middle, and bottom by utilizing brick on the ground floor, defined window patterns and articulation treatments on upper floors, and a distinctive roofline
Figure 10 – Example of good articulation for a multifamily building
(8) Building Design – Entrances. The intent of the building entrances standards is to ensure that buildings are inviting and accessible, and to encourage pedestrian activity. The principal building entrances of all buildings shall feature the following improvements, unless the director determines an alternate technique better addresses the intent of these standards:
(a) Weather cover (e.g., porch or canopy) that is at least four feet deep and at least 32 square feet in footprint measured horizontally must be provided for the primary entrance(s) to residential units. Figures 11 and 12 demonstrate this requirement.
(b) 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.
(c) Townhouse Entrances. Townhouse 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 12 for an example of what is desired and Figure 13 for an example of what is unacceptable.

Figure 11 – Weather protection that articulates the front facade is provided

Figure 12 – Ground floor residential units directly accessible to the street with landscaping defining the entry

Figure 13 – An example of unacceptable townhouse design where there is no landscaping adjacent to the entries

Figure 14 – An example of acceptable townhouse design
(9) Building Design – Details. The building design details standards are intended to ensure that buildings have design interest at all observable distances and to enhance the architecture of multifamily buildings. At closer distances, the most important aspects of a building are its design details, texture of materials, quality of its finishes, and small, decorative elements. Multifamily building facades shall incorporate five architectural details, except that if the option in subsection (9)(e) of this section is used, only four architectural details are required. Chosen details shall be compatible with the chosen architectural character of the building. Detail options include:
(a) Distinctive porch design with unique design and use of materials.
(b) Distinctive windows and doors with molding/framing details that go beyond the requirements of subsection (10) of this section.
(c) Landscaped trellises or other decorative element that incorporates landscaping near the building entry or entries.
(d) Light fixtures with a diffuse visible light source, such as a non-glare globe or “acorn,” or a decorative shade or mounting for each building entry on the facade.
(e) Brick or stonework covering more than 10 percent of the facade.
(f) Building materials that add visual interest, including:
(i) Individualized patterns or continuous wood details.
(ii) Decorative moldings, brackets, wave trim or lattice work.
(iii) Decorative brick or stonework (may be in addition to the brick or stonework credits noted above if they are arranged in a decorative manner that adds visual interest to the facade).
(iv) Other materials with decorative or textural qualities as approved by the director. The applicant must submit architectural drawings and material samples for approval.
(g) Varied roofline design, including multiple gables and/or dormers or other design that adds distinct visual interest.
(h) Distinctive railings, grill work, or terraced landscape beds integrated along the facade of the building.
(i) Unique balcony design, such as a distinctive geometry and configuration.
(j) Other details that meet the intent of the standards as approved by the director.
Figure 15 – This building uses brick for more than 10 percent of the facade, a decorative mix of materials and colors, decorative entries, and decorative windows to add visual interest
(10) Window Design for Residential Uses. Building facades shall employ techniques to recess or project individual windows above the ground floor at least two inches from the facade, or incorporate window trim at least four inches in width that features color that contrasts with the base building color. Exceptions will be considered by the director where buildings employ other distinctive windows or facade treatments that add visual interest to the building.

Figure 16 – Acceptable and unacceptable window treatments
(11) Building Materials. The building materials standards are intended to encourage the use of a variety of high-quality, durable materials that will enhance the visual image of the city; provide visual interest and distinct design qualities; and promote compatibility and improvement within surrounding neighborhoods through effective architectural detailing and the use of traditional building techniques and materials. The following standards apply:
(a) Building exteriors shall be constructed from high-quality, durable materials. Building materials such as masonry, stone, lap-siding and wood are encouraged.
(b) 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:
(i) Plywood siding (including T-111 or similar plywood). Board and batten is an exception.
(ii) Corrugated fiberglass.
(iii) Noncorrugated and highly reflective sheet metal.
(iv) Chain link fencing; provided, that the director may approve chain link fencing when it is integrated into the overall site design (chain link fencing is also allowed for temporary purposes such as a construction site, or as a gate for a refuse enclosure).
(c) If used, metal siding and concrete block shall conform to the standards in the commercial and mixed use standards outlined in MMC 22C.065.220(10).
(d) If used, sheet materials and residential siding used for building extensions shall be of the highest quality, as approved by the director.
(e) All exterior materials are subject to approval by the director. Submit material samples to the director for approval.
(12) Blank Walls. The blank wall standards are intended to: reduce the visual impact of large, undifferentiated walls; reduce the apparent size of large walls through the use of various architectural and landscaping treatments; enhance the character and identity of the city; and ensure that all visible sides of buildings provide visual interest. Blank walls visible from a public street, sidewalk, trail, interior pathway, or parking lot are prohibited.
(a) A wall (including building facades and other exterior building walls, retaining walls, and fences) is defined as a blank wall if:
(i) A ground floor wall or portion of a ground floor wall over four feet in height has a horizontal length greater than 15 feet and does not include a transparent window or door; or
(ii) Any portion of a ground floor wall having a surface area of 400 square feet or greater does not include a transparent window or door.
(b) 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:
(i) Incorporate transparent windows or doors;
(ii) Install a vertical trellis in front of the wall with climbing vines or plant materials sufficient to obscure or screen at least 60 percent of the wall’s surface within three years. For large blank wall areas, the trellis must be used in conjunction with other treatments described below;
(iii) Provide a landscaped planting bed at least five feet wide, or a raised planter bed at least two feet high and three feet wide in front of the wall. Plant materials must be able to obscure or screen at least 60 percent of the wall’s surface within three years;
(iv) Provide artwork (mosaic, mural, sculpture, relief, etc.) over at least 50 percent of the blank wall surface; and/or
(v) Other method as approved by the director. For example, landscaping or other treatments may not be necessary on a wall that employs high-quality building materials (such as brick) and provides desirable visual interest.
Figure 17 – Blank wall treatments
Figure 18 – Terraced planting beds effectively screen a large blank wall
(13) Pedestrian Circulation. All multifamily and mixed-use development shall provide a network of pedestrian pathways that connect all residences to sidewalks, in accordance with the following design standards:
(a) For safety and access, landscaping shall not block visibility to and from a path, especially where it approaches a roadway or driveway.
(b) Pedestrian walks shall be separated from structures at least three feet by landscaping. The director may consider other treatments to provide attractive pathways. Examples include sculptural, mosaic, bas-relief artwork, or other decorative treatments that meet the guidelines’ intent. (Figure 17 provides one example.)
(c) Where the walkway is adjacent to ground level dwellings with windows facing the path, provide at least 15 feet of separation between the window and the path.
Figure 19 – An example of an attractive pedestrian connection through a multifamily development
(Ord. 3265 § 3 (Exh. A), 2023).
Multiple-family, townhomes, and group residences shall be subject to the vehicular access and parking standards set forth in MMC 22C.010.300. (Ord. 3265 § 3 (Exh. A), 2023).
The provisions of this section apply to building permits for single-family dwellings and middle housing, excluding accessory dwelling units and cottage housing; review will be done through the building permit process.
(1) It is the intent of these development standards that single-family dwellings and middle housing be compatible with neighboring properties, friendly to the streetscape, and in scale with the lots upon which they are to be constructed. The director is authorized to promulgate guidelines, graphic representations, and examples of housing designs and methods of construction that do or do not satisfy the intent of these standards.
(2) All residential development shall be designed to front onto streets. Configurations where dwelling units and/or residential lots back up to any street are prohibited. For example, new subdivisions along a street could be configured so that lots fronting on the street feature alley access in the rear or other shared driveway access as approved by the city on the side of the lots. Lot configurations where side yards face the street are acceptable.
(3) Entry. Where lots front on a public street, the house shall have doors and windows which face the street. Houses must have a distinct entry feature such as a porch or weather-covered entryway with an entry feature that is at least 60 square feet with no dimension less than six feet. Where lots front on a common open space or pathway, the requirements for orientation are the same as for a public street.
The director may approve a street orientation or entryway with dimensions different than specified herein; provided, the entry visually articulates the front facade of the dwelling so as to create a distinct entryway, meets setback requirements, provides weather cover, has a minimum dimension of four feet, and is attached to the home.
(4) Alleys.
(a) 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.
(b) The minimum driveway length may be reduced to between six and zero feet for garages when the following conditions are met:
(i) An alley is provided for access;
(ii) At least one off-street parking space, in addition to any provided in the garage, is provided to serve that dwelling unit and the stall(s) is conveniently located for that particular dwelling; and
(iii) The applicable total parking stall requirement is met.
(c) The rear yard setback may be reduced to zero feet to accommodate the garage.
(d) 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.
(e) Dwellings with a wall facing an alley must provide at least one window facing the alley to allow observation of the alley.
(5) Auto Courts. Auto courts shall comply with the standards set forth in the city’s engineering design and development standards. Where a consolidated road results in superior site design, circulation, safety or access management, auto courts may be required to be minimized and a consolidated public road provided.
(6) Facade and Driveway Cuts. If there is no alley access and the lot fronts on a public or private street, living space equal to at least 50 percent of the garage facade shall be flush with or projected forward of the garage, and the dwelling shall have entry, window and/or roofline design treatment which emphasizes the house more than the garage. Where materials and/or methods such as modulation, articulation, or other architectural elements such as porches, dormers, gables, or varied roofline heights are utilized, the director or designee may waive or reduce the 50 percent standard. Driveway cuts shall be no more than 80 percent of the lot frontage; provided, that the director or designee may waive the 80 percent maximum if materials and/or methods to deemphasize the driveway, such as ribbon driveways, grasscrete surface, or accent paving, are utilized.
(7) Privacy. Dwellings should be situated to respect the privacy of abutting homes and to create usable yard space for the dwelling(s). Windows should be placed to protect privacy. The review authority shall have the discretion to establish setback requirements that are different than may otherwise be required in order to accomplish these objectives.
(8) Individual Identity. Home individuality shall be achieved by the following:
(a) Avoiding the appearance of a long row of homes by means such as angling houses, varied street setbacks, and varied architectural design features.
(b) 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.
(c) 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.
(d) Side facades visible from streets or shared accesses shall have siding variation 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.
(9) Landscaping. Landscaping of a size and type consistent with the development must be provided to enhance the streetscape. Landscaping will enhance privacy for dwellings on abutting lots and provide separation and buffering on easement access drives. Landscaping shall consist of two native trees per unit, planted in the front yard, which are at least one and one-half inches in caliper for deciduous or six feet in height for evergreen trees, plus a mixture of trees, shrubs and ground cover as appropriate to the site. All required landscaping shall be installed in accordance with the plans prior to issuance of an occupancy permit. Where applicable, street frontage landscaping shall comply with the city’s streetscape plan.
(10) Duplexes and Middle Housing. Duplexes and middle housing must be designed to architecturally blend with the surrounding single-family dwellings and not be readily discernible as a duplex or middle housing but appear to be a single-family dwelling, or must comply with the individual identity provisions in subsection (8) of this section where distinct units are proposed (e.g., side-by-side duplex or townhouse units). (Ord. 3366 § 65 (Exh. MMM), 2025; Ord. 3352 § 68 (Exh. MMM), 2025; Ord. 3265 § 3 (Exh. A), 2023).
On-site open space shall be provided for multifamily developments as outlined in MMC 22C.010.320. (Ord. 3366 § 65 (Exh. MMM), 2025; Ord. 3265 § 3 (Exh. A), 2023).
Townhouse and other ground based multifamily shall provide open space as set forth in MMC 22C.010.330. (Ord. 3265 § 3 (Exh. A), 2023).
Maintenance and dedication of open space standards are set forth in MMC 22C.010.340. (Ord. 3265 § 3 (Exh. A), 2023).
Provisions for the city to allow a payment in lieu of providing on-site open space or recreation space are set forth in MMC 22C.010.350. (Ord. 3265 § 3 (Exh. A), 2023).
Developments shall provide storage space for the collection of recyclables as set forth in 22C.010.370. (Ord. 3265 § 3 (Exh. A), 2023).
(1) Purpose. The fence standards promote the positive benefits of fences without negatively affecting the community or endangering public or vehicle safety. Fences can create a sense of privacy, protect children and pets, provide separation from busy streets, and enhance the appearance of property by providing attractive landscape materials. The negative effects of fences can include the creation of street walls that inhibit police and community surveillance, decrease the sense of community, hinder emergency access and the safe movement of pedestrians and vehicles, and create an unattractive appearance.
(2) Types of Fences.
(a) The standards apply to walls, fences, trellises, arbors and screens of all types whether open, solid, wood, metal, wire, masonry or other material.
(b) No barbed or razor-wire fence shall be permitted, except for the following:
(i) Public facilities, transmitter and transformer sites.
(ii) Government installations where security or public safety is required.
(c) No chain link fence is permitted in the front yard or between the residential building and a public right-of-way. Chain link fencing is not permitted adjacent to or within required common open space, except to confine play areas, sports courts, swimming pools, or other facilities where such enclosure is necessary.
(3) Height.
(a) Front Lot Line. Four feet, unless the director finds that a taller fence is required by code for safety.
(b) Side Lot Line. Six feet.
(c) Rear Lot Line. Six feet.
(d) In or Adjacent to Required Common Open Space. Four feet, unless the director determines that a taller fence is needed for public safety. The maximum height for fences along common open space areas shall be limited to six feet tall; provided, that the top two feet of the fence is constructed as an open-work fence. For developments where the front of the house is oriented towards an open space area, the director may limit the height increase further to ensure adequate surveillance of the open space area and the sense of community is maintained.
(e) 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.
(f) 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.
(4) Fence Exception.
(a) The director shall have authority to administratively grant an exception to the fence requirements outlined in this section. The director is authorized to issue exceptions in cases of special hardships, unique circumstances and practical difficulties. No exception shall be granted which would be detrimental to the public health, welfare or environment.
(b) In considering a request for a modification of the fence requirements outlined in subsections (1) through (3) of this section, the community development director shall consider the following factors:
(i) If the proposed fence is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks;
(ii) The proposed fence will not infringe upon or interfere with utility and/or access easements or covenant rights or responsibilities;
(iii) The increased fence height will not adversely affect adjacent property owners or reduce visibility of the property from the street. (Ord. 3265 § 3 (Exh. A), 2023).
The Lakewood neighborhood master plan places a high priority on being a “walkable” and accessible community. Frequent and attractive connections between destinations through a well-connected system of streets and pathways are required.
(1) Connectivity to Abutting Lands. The street system of proposed development shall be designed to connect with existing, proposed, and planned streets outside of the development. Wherever a proposed development abuts unplatted land or other land with the capability of being further subdivided, street stubs shall be provided to allow access to future abutting subdivisions and to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turn-around unless specifically exempted by the fire marshal, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.
(2) Continuation of Streets. Planned streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods and to facilitate emergency access and evacuation. Connections shall be designed to meet or exceed the block standards in subsection (3) of this section, and to avoid or minimize through traffic on local streets.
(3) Block Size. New development shall provide an integrated and connected network of streets to provide “direct” walking route options, orientation, a sense of place, and multiple travel route options. A street network dominated by long, irregular loop roads and cul-de-sacs is not appropriate. Blocks shall be designed to provide vehicular connections at intervals no greater than 600 feet and pedestrian access at intervals no greater than 300 feet (200 feet is preferred).

Figure 20 – Examples of appropriately scaled blocks that accommodate pedestrian connection no further apart than 300 feet
(4) Relationship Between Neighborhoods. “Gated communities” and other developments designed to appear as continuous walled-off areas disconnected and isolated from the rest of the community are prohibited. While privacy fences separating rear yards between homes are desirable for privacy, tall fences that back up to streets, reduce the number of “eyes on the street,” and make such streets feel less safe and welcoming are prohibited. New subdivisions should consider ways to integrate into the community rather than walling them off.
Figure 21 – Examples of well connected street network. Note that the “block lengths” show how street and pedestrian intervals are measured
(Ord. 3265 § 3 (Exh. A), 2023).
(1) Service Element Location and Design. All development shall provide a designated spot for service elements. Such elements shall meet the following requirements:
(a) Service areas (trash dumpsters, compactors, recycling areas, electrical panels, and mechanical equipment areas) shall be located to avoid negative visual, auditory (noise), olfactory, or physical impacts on the street environment and adjacent residentially zoned properties. The city may require evidence that such elements will not significantly impact neighboring properties or public areas. (For example, the city may require noise damping specifications for fans near residential zones.)
(b) Service areas must not be visible from the sidewalk and adjacent properties. Where the city finds that the only option for locating a service area is either visible from a public right-of-way or space or from an adjacent property, the area must be screened with either landscape or structural screening measures provided in Chapter 22C.120 MMC, Landscaping and Screening.
(c) The designated spot for service elements shall be paved with concrete.
(d) Appropriate enclosure of the common trash and recycling elements shall be required, as determined by the director. Requirements and considerations:
(i) A six-foot fence constructed of concrete block or brick enclosing trash and recycling receptacles is required. Coordination with the current franchise hauler is required. The sides and rear of the enclosure must be screened with L1, L2, L3, or L4 landscaping (as defined in MMC 22C.120.110) at least five feet deep in visible locations as determined by the director to soften the views of the screening element and add visual interest.
(ii) Proximity to adjacent residential units will be a key factor in determining appropriate service element treatment.
(iii) Preferably, service enclosures are integrated into the building itself.
Figure 22 – Locate service elements to reduce impacts on the residential and pedestrian environment
Figure 23 – Trash receptacle and recyclables screening example
(2) Utility Meters, Electrical Conduit, and Other Service Utility Apparatus. These elements shall be located and/or designed to minimize their visibility to the public. If such elements are mounted in a location visible from the street, pedestrian pathway, common open space, or shared auto courtyards, they shall be screened with vegetation or by architectural features.
Figure 24 – Exposed utility meters like this will not be allowed
Figure 25 – Landscaping helps to minimize the negative visual impacts of utility meters
(3) Roof-mounted mechanical equipment must be located and screened by a parapet, or other primary building element, so the equipment is not visible within 150 feet of the structure when viewed from the ground level of adjacent properties. Match the color of roof-mounted equipment with the exposed color of the roof to minimize visual impacts when equipment is visible from higher elevations nearby.
Figure 26 – Examples of how to screen roof-mounted mechanical equipment
(4) Locate and/or shield noise producing mechanical equipment such as fans, heat pumps, etc., so that noise reaching the adjacent properties is less than 50 dBA. If required by the director, the applicant must demonstrate that this standard is achieved by providing equipment specifications and/or calculations of noise impacts. (Ord. 3265 § 3 (Exh. A), 2023).
Existing developments that do not conform to the development standards of this chapter are subject to the standards of Chapter 22C.100 MMC, Nonconforming Situations. (Ord. 3265 § 3 (Exh. A), 2023).
The standards pertaining to the required number of auto parking spaces, bicycle parking spaces, parking lot placement, parking lot setbacks and internal parking lot pedestrian connections are stated in Chapter 22C.130 MMC, Parking and Loading. (Ord. 3265 § 3 (Exh. A), 2023).
The sign standards are stated in Chapter 22C.160 MMC, Signs. (Ord. 3265 § 3 (Exh. A), 2023).
Landscaping and screening standards are set forth in Chapter 22C.120 MMC, Landscaping and Screening. (Ord. 3265 § 3 (Exh. A), 2023).
Planned residential developments are subject to the standards set forth in Chapter 22G.080 MMC, Planned Residential Developments. (Ord. 3265 § 3 (Exh. A), 2023).
In any PRD, interior setbacks may be modified during subdivision or short subdivision review as set forth in MMC 22C.010.270. (Ord. 3265 § 3 (Exh. A), 2023).
Cottage housing developments are allowed on residentially zoned properties in the Lakewood neighborhood master plan area subject to the standards set forth in MMC 22C.010.280. (Ord. 3265 § 3 (Exh. A), 2023).
(1) Applicability.
(a) 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.
(b) The site and building design standards of this section apply to institutional and commercial development.
(2) Relationship and Orientation of Buildings to Site and Street Front.
(a) The site shall be planned to create an attractive street edge and accommodate pedestrian access. Examples of ways that a development meets the requirements of this provision are to:
(i) Define the street edge with buildings, landscaping or other features (see Figure 27).
(ii) Provide for building entrances that are visible from the street.
(iii) Provide a sidewalk at least six feet wide, or as approved by the city engineer, if there is not space in the public right-of-way.
(iv) Provide building entries that are accessed from the sidewalk. These access ways must be separated from the parking and drive aisles. If access traverses the parking lot, then it should be raised and/or clearly marked while accommodating green storm water infrastructure.
(b) The development shall create a well defined streetscape to allow for the safe movement of pedestrians. New development must provide sidewalks as identified in the Lakewood neighborhood master plan, or otherwise approved by the city engineer, and street trees, at least two-inch caliper with spacing averaging no more than 30 feet on center, as approved by the director.
(c) Commercial and mixed use buildings must be oriented towards at least one street. For sites that front multiple streets, commercial and mixed use buildings are encouraged to orient towards both streets; provided, that priority shall be given to pedestrian-oriented streets, and to streets that are more visible and/or provide a better opportunity for increased pedestrian activity.
(d) Commercial and mixed use building facades facing the street or parking lots must have transparent windows or door covering at least 75 percent of the ground floor facade between four to eight feet above the level of the sidewalk. Exceptions may be considered by the director; provided, that the proposed building configuration and design enhances the pedestrian environment.
(e) No parking spaces may be located between the building’s facade and any designated pedestrian-oriented street (as identified in the Lakewood neighborhood master plan), or when the building is not sited on a pedestrian-oriented street, located between the building’s facade 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 factors as determined by the director. Where the property fronts on more than one public street, this provision applies to only one street frontage.
(f) Parking lots may not be located on corner locations adjacent to public streets unless no feasible on-site alternative exists.
(g) For large commercial and mixed use sites (over two acres) that feature multiple buildings, developments shall configure buildings to create focal points for pedestrian activity on the site. However, no more than 50 percent of the street frontage may be occupied by vehicular access or parking. Exceptions: An increased percentage of parking or vehicular access along the street front may be allowed where the configuration allows the development to better meet the intent of these standards. For example, if the configuration allows for a centralized plaza surrounded by a concentration of retail uses, an increase in the percentage of parking along the street front would be allowed. Exceptions are subject to approval by the director.

Figure 27 – Examples of building that provide a well defined streetscape
(h) Pedestrian Circulation Where Facades Face Parking Areas. Building entrances must face the street in the MU zones and on designated pedestrian-oriented streets. In the GC and CB zones where a building’s main commercial entrance faces onto a parking area rather than the street, provide wide pathways adjacent to the facades of retail and mixed-use buildings. Pathways along the front facade of mixed-use and retail buildings 100 feet or more in length (measured along the facade) that are not located adjacent to a street must be at least 12 feet wide with eight feet minimum unobstructed width and include the following:
(i) Trees, as approved by the director, must be placed at an average of 30 feet on center and placed in grates. Breaks in the tree coverage will be allowed near major building entries to enhance visibility. However, no less than one tree per 60 lineal feet of building facade must be provided.
(ii) Street tree pits may be included in a planting strip, provided the strip does not impede pedestrian movement and has at least eight feet of clearance.
(iii) If the pits are not in a planted strip, tree grates shall be provided at each pit and at least 24 square feet of pavers or porous pavements situated around the pits to allow air and water into the tree root space (see subsection (4)(b) of this section related to planting strips).
(iv) Lighting must conform to subsection (3)(d) of this section.
(i) Pedestrian-Oriented Facades.
(i) Commercial and mixed use buildings facing pedestrian-oriented streets indicated in Figure 17 of the Lakewood neighborhood master plan shall front directly on the back of sidewalk or a pedestrian-oriented space adjacent to the sidewalk and adhere to the following standards:
(A) Ground floor facades shall feature transparent window areas over at least 75 percent of the ground floor facade between two feet and eight feet above grade. The windows may look into the building’s interior or be configured as merchandise display windows. The building must be designed so that the windows satisfying the requirement for “pedestrian-oriented facades” do not look into service or storage areas or other unsightly rooms.
Figure 28 – An example of a pedestrian-oriented facade
(B) A primary building entry facing the streetfront. (See subsection (2)(j) of this section for entry enhancement requirements.)
(C) Weather protection at least five feet wide over at least 65 percent of the front facade.
(j) Pedestrian Weather Protection. In addition to weather protection along pedestrian-oriented facades, provide pedestrian weather protection in the front of commercial and mixed-use buildings fronting on parking areas serving that building, public spaces such as transit stops, building entries, along display windows, specifically:
(i) Weather protection at least six feet deep is required over the entries of all primary building, individual business, and individual residence. This may include a recessed entry, canopy, porch, marquee, or building overhang.
(ii) Canopies, awnings, or other similar weather protection features shall not be higher than 15 feet above the ground elevation at the highest point or lower than eight feet at the lowest point.
(iii) The color, material, and configuration of the pedestrian coverings shall be as approved by the director. Coverings with visible corrugated metal or corrugated fiberglass are not permitted unless approved by the director. Fabric and rigid metal awnings are acceptable.
(iv) Multitenant retail buildings are encouraged to use a variety of weather protection features to emphasize individual storefronts and reduce the architectural scale of the building. Figure 31 provides unacceptable and better examples.
Figure 29 – Provide weather protection over building entries

Figure 30 – Height standards for weather protection features

Figure 31 – The continuous canopy on top is monotonous and deemphasizes individual storefronts. The bottom example provides a variety of weather protection features and represents a more desirable example.
(3) Relationship of Buildings and Site to Adjoining Area. The development of new buildings should address impacts to neighborhood condition by complying to the following:
(a) Attractive landscape transition to adjoining properties shall be provided as directed by the director.
(b) Solar access of the subject and adjacent properties should be considered in building design and location. The director may require adjustments of the proposed site layout or special screening measures to accomplish this objective.
(4) Landscape and Site Treatment.
(a) 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:
(i) The landscape plan shall demonstrate visual screening from parking areas.
(ii) The landscape plan shall provide some physical separation between vehicular and pedestrian traffic.
(iii) Where feasible, the landscape plan shall integrate natural approaches to storm water management, including featured low impact development techniques.
(iv) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.
(v) Screening of outdoor service yards and other places which tend to be unsightly shall be accomplished by use of walls, fencing, planting, berms or combinations of these.
(vi) Landscaping should be designed to create definition between public and private spaces.
(vii) Where feasible, the landscape plan shall coordinate the selection of plant material to provide a succession of blooms, seasonal color, and a variety of textures.
(viii) The landscape plan shall provide a transition in landscaping design between adjacent sites, within a site, and from native vegetation areas in order to achieve greater continuity.
(ix) The landscape plan shall use plantings to highlight significant site features and to define the function of the site, including parking, circulation, entries, and open spaces.
(b) Street Landscaping. Where the site plan includes streetscape plantings, the following guidelines apply:
(i) Sidewalks and pathways should be separated from the roadway by planting strips with street trees wherever possible. Where there is on-street parking, provide an 18-inch-wide strip of pavement directly on the back of the curb to accommodate entry and exit from parked cars.
(ii) Planting strips should generally be at least five feet in width. Evergreen shrubs should be no more than four feet in height and/or ground cover in accordance with the city of Marysville landscape standards (Chapter 22C.120 MMC) and Marysville administrative landscaping guidelines.
(iii) Street trees placed in tree grates may be more desirable than planting strips in pedestrian areas where space is limited. Tree pits or planting areas that provide water for roots shall be at least 24 square feet in area.
(iv) Use of trees and other plantings with special qualities (e.g., spring flowers and/or good fall color) is strongly encouraged.
(v) Unless otherwise directed by the director, plant at least one street tree per 30 linear feet of street front.
(c) Plaza/Pedestrian Area Landscaping Within Shopping Centers and Mixed Use Site Plans.
(i) A range of landscape materials – trees, evergreen shrubs, ground covers, and seasonal flowers – shall be provided for color and visual interest.
(ii) Planters or large pots with small shrubs and seasonal flowers may be used to create protected areas within the plaza for sitting and people watching.
(iii) Creative use of plant materials, such as climbing vines or trellises, and use of sculpture groupings or similar treatments, is encouraged.
(iv) All landscaping plans shall be submitted during site plan review for approval.
(v) Also see MMC 22C.065.250, Nonresidential open space requirements.
(d) 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:
(i) All public areas shall be lighted with average minimum and maximum levels as follows:
(A) Minimum (for low or nonpedestrian and vehicular traffic areas) of one-half foot candle;
(B) Moderate (for moderate or high volume pedestrian areas) of one to two foot candles; and
(C) Maximum (for high volume pedestrian areas and building entries) of four foot candles.
(ii) Lighting shall be provided at consistent levels, with gradual transitions between maximum and minimum levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and dark areas shall be avoided.
(iii) Parking lot lighting shall be subject to the provisions set forth in MMC 22C.130.050(3)(d).
(iv) Pedestrian-scale lighting (light fixtures no taller than 15 feet) is encouraged in areas with high anticipated pedestrian activity. All fixtures over 15 feet in height shall be fitted with a full cut-off shield, be dark sky rated, and mounted no more than 25 feet above the ground with lower fixtures preferable so as to maintain a human scale. Lighting shall enable pedestrians to identify a face 45 feet away in order to promote safety.
(v) Light levels at the property line should not exceed 0.1 foot candles (fc) adjacent to business properties, and 0.05 foot candles adjacent to residential properties.
All building lights shall be directed onto the building itself and/or the ground immediately adjacent to it. The light emissions should not be visible above the roofline of the building. Light fixtures other than traditional cobra heads are encouraged.
(vi) Limited accent lighting on trees and provisions for seasonal lighting is acceptable.
(vii) Limited accent lighting on architectural and landscape features is encouraged to add interest and focal points.
Also see MMC 22C.065.250, Nonresidential open space requirements.
(5) Site Design Utilizing Crime Prevention Through Environmental Design (CPTED) Principles. Development that is subject to this section shall incorporate the following CPTED strategies into building design and site layout:
(a) 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.
(b) 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.
(c) 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.
Examples of ways in which a proposal can comply with CPTED principles are outlined in the CPTED Guidelines for Project Design and Review, prepared by the city.
(6) Building Design – Human-Scale Standards. The human-scale standards are intended to encourage the use of building components that relate to the size of the human body and to add visual interest to buildings. “Human scale” addresses the relationship between a building and the human body. Generally, buildings attain a good human scale when they feature elements or characteristics that are sized to fit human activities, such as doors, porches, and balconies. A minimum of four of the following human-scale building elements shall be incorporated into the new development:
(a) Balconies in upper stories, at least one balcony per upper floor on the facades facing streets, provided they are integrated into the architecture of the building;
(b) Bay windows or other window treatments that extend out from the building face;
(c) At least 150 square feet of pedestrian-oriented space for each 100 lineal feet of building facade;
(d) Upper floor individual windows, generally less than 32 square feet per pane and separated from the windows by at least a six-inch molding;
(e) Spatially defining building elements, such as a trellis, overhang, canopy, or other element, that define space that can be occupied by people;
(f) Ground floor brick facades;
(g) Smaller building elements near the entry of pedestrian-oriented street fronts of large buildings (see Figure 32);
(h) Special details near the entrance, such as downtown lighting, artworks, or special materials;
(i) 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.
Figure 32 – Illustrating a variety of human- scale components on a building
Figure 33 – Illustrating a variety of human-scale components on a building
Figure 34 – Example of smaller building elements near the entry of large buildings
(7) Building Design – Architectural Scale. Note:
• Architectural scale is the perceived height and bulk of a building relative to that of neighboring buildings. A building has “good architectural scale” if its visual size is relatively similar to its neighbors.
• Modulation is a stepping back or projecting forward of portions of a building face, within specified intervals of building width and depth, as a means of breaking up the apparent bulk of a structure’s continuous exterior walls.
• Articulation is visually breaking up a building facade into intervals by including repetitive features, such as broken rooflines, chimneys, entrances, distinctive window patterns, street trees, and modulation.
(a) All new buildings over three stories or over 5,000 square feet in gross building footprint or with facades longer than 100 feet measured horizontally shall provide at least three modulation and/or articulation features as described below along any facade that is visible from a street, residential zone or pedestrian pathway. In addition, there must be an entry at least every 60 feet.
(b) Horizontal Building Modulation. The depth of the modulation must be at least two feet when tied to a change in the roofline and at least five feet in other situations. Balconies may be used to qualify for this option, provided they have a floor area of at least 40 square feet, are integrated with the architecture of the building, and project at least two feet from the building facade.
Figure 35 – Mixed-use building with modulation to increase its interest and human scale
(c) Modulated Roof Line. Buildings may qualify for this option by modulating the roof line of all facades visible from a street, park, or pedestrian pathway consistent with the following standards:
(i) For flat roofs or facades with a horizontal fascia or parapet, change the roofline so that no unmodulated segment of roof exceeds 60 feet. Minimum vertical dimension of roof line modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of wall);
(ii) For gable, hipped, or shed roofs, a slope of at least three feet vertical to 12 feet horizontal; or
(iii) Other roof forms such as arched, vaulted, dormer, or saw-toothed may satisfy this design standard if the individual segments of the roof with no change in slope or discontinuity are less than 60 feet in width (measured horizontally).
(d) Repeating distinctive window patterns at intervals less than the articulation interval.
(e) Providing a porch, patio, deck, or covered entry for each articulation interval.
(f) Changing the roofline by alternating dormers, stepped roofs, gables, or changing roof textures on certain features such as metal roofs on towers and dormers to reinforce the modulation or articulation interval.
(g) Changing materials with a change in building plane.
(h) Providing lighting fixtures, trellises, trees, or other landscape feature within each interval.
(i) The director may increase or decrease the 60-foot interval for modulation and articulation to better match surrounding structures or to implement an adopted subarea plan.

Figure 36 – Example of well-articulated building. Note how awnings, window divisions, pilaster columns, and cornice line all serve to divide up the facade into smaller segments without disrupting the unity of the overall design.

Figure 37 – This development uses a variety of roof forms, heights, and variations in roof textures by using metal hip roofs, different weather protection features, changing building materials and colors, and a modest amount of horizontal building modulation to reduce the overall architectural scale into smaller “storefront” components.

Figure 38 – Good examples of prominent pedestrian entries for large-scale retail uses; note height change, vertical modulation, use of building materials, colors, and detailing to add interest and emphasis
(8) Building Corners. The building corners standards are intended to architecturally accentuate building corners at street intersections, to create visual interest, and to increase activity, where appropriate. All new buildings located within 15 feet of a property line at the intersection of streets are required to employ one or more of the following design elements or treatments to the building corner facing the intersection:
(a) Provide at least 100 square feet of pedestrian-oriented space between the street corner and the building(s). To qualify for this option, the building(s) must have direct access to the space;
(b) Provide a corner entrance to building lobby, atrium, pedestrian pathway, or interior court.
(c) Include a corner architectural element such as:
(i) Bay window or turret.
(ii) Roof deck or balconies on upper stories.
(iii) Building corner setback “notch” or curved facade surfaces.
(iv) Sculpture or artwork, either bas-relief, figurative, or distinctive use of materials.
(v) Change of materials.
(vi) Corner windows.
(vii) Special lighting.
(d) Special treatment of the pedestrian weather protection canopy at the corner of the building; and/or
(e) Other similar treatment or element approved by the director.
(f) Parking lots are not allowed directly fronting the intersection of two streets.
The director may allow exceptions where no other site configuration is possible.
Figure 39 – Corner building treatment
Figure 40 – Decorative use of windows, change of materials, and special lighting create a statement at this corner location
(9) Building Design Details. The building design details standards are intended to ensure that buildings have design interest at all observable distances; to enhance the character and identity of the city; and to encourage creative design. At closer distances, the most important aspects of a building are its design details, texture of materials, quality of its finishes, and small, decorative elements. All new commercial buildings and individual storefronts shall include at least one detail element from each of the three categories below. Other mixtures of detail elements will be considered provided they meet the intent of these standards. The applicant must demonstrate how the amount, type, and mix of details meet the intent of these standards. For example, a large building with multiple storefronts will likely need more than one decorative sign, transom window, and decorative kickplate to meet the intent of these standards.
Building details used to meet this standard may also be used to satisfy other applicable requirements, such as for subsection (6) of this section, Building Design – Human Scale Standards.
(a) Window and/or Entry Treatment. Special treatment of windows and doors, other than standard metal molding/framing details, around all ground floor windows and doors, decorative glazing, or door designs.
(i) Display windows divided into a grid of multiple panes.
(ii) Transom windows.
(iii) Roll-up windows/doors.
(iv) Other distinctive window treatment that meets the intent of the standards and guidelines.
(v) Recessed entry.
(vi) Distinctive door.
(vii) Arcade.
(viii) Landscaped trellises or other decorative element that incorporates landscaping near the building entry.
(ix) Other decorative entry treatment that meets the intent of these standards.
(b) Distinct Facade Attachments.
(i) Weather protection element such as a steel canopy, decorative cloth awning, or retractable awning.
(ii) Custom hanging, sculptural, or hand-crafted sign(s).
(iii) Building-mounted light fixtures with a diffuse visible light source or unusual fixture.
(iv) Special railings, grill work, or landscape guards.
(c) Building Materials and Other Facade Elements.
(i) Use of distinctive building materials such as decorative masonry, shingle, tile, brick, or stone.
(ii) Individualized patterns or continuous wood details, such as fancy butt shingles (a shingle with the butt end machined in some pattern, typically to form geometric designs), decorative moldings, brackets, trim or lattice work, ceramic tile, stone, glass block, carrera glass, or similar materials. The applicant must submit architectural drawings and material samples for approval.
(iii) Varied rooflines, such as an ornamental molding, entablature, frieze, or other roofline device visible from the ground level. If the roofline decoration is in the form of a linear molding or board, then the molding or board must be at least eight inches wide.
(iv) Artwork on the building such as a mosaic mural, bas-relief sculpture, light sculpture, water sculpture, or other similar artwork. Painted murals or graphics on signs or awnings do not qualify.
(v) Kickplate, pier, belt course, or other similar facade element.
(vi) Special building elements, such as pilasters, entablatures, wainscots, canopies, or marquees, that exhibit nonstandard designs.
(vii) Other details that meet the intent of the standards and guidelines as determined by the director.
(viii) Elements referenced above must be distinct “one-of-a-kind” elements or unusual designs that require a high level of craftsmanship as determined by the director.
Figure 41 – The building provides a number of details that enhance the pedestrian environment, including decorative lighting, planter boxes, decorative awnings, historical plaques, and decorative facade elements
(10) Building Materials. The building materials standards are intended to encourage the use of a variety of high-quality, durable materials that will enhance the visual image of the city; provide visual interest and distinct design qualities; and promote compatibility and improvement within surrounding neighborhoods through effective architectural detailing and the use of traditional building techniques and materials. The following standards apply:
(a) Building exteriors shall be constructed from high-quality, durable materials. Building materials such as concrete, masonry, tile, stone and wood are encouraged.
(b) Metal siding, when used for walls that are visible from a public street, public park or open space, pathway, or pedestrian route must:
(i) Have visible corner moldings and trim and incorporate masonry, stone, or other durable permanent materials within two feet of the ground level;
(ii) Incorporate multiple siding materials or facade articulation (see subsection (7) of this section, Building Design – Architectural Scale) when the facade is wider than 40 feet;
(iii) Alternative standards may be approved by the director; provided, that the design quality and permanence meet the intent of this section.
(c) Concrete masonry units (CMU) or cinder block walls, when used for walls that are visible from a street, public park or open space, or pedestrian route, shall be architecturally treated in one or more of the following ways:
(i) Use in conjunction with other permitted exterior materials.
(ii) Use of a combination of textured surfaces such as split face or grooved to create distinct banding or other design.
(iii) Use of other masonry types, such as brick, glass block, or tile, in conjunction with concrete blocks.
(iv) Use of decorative coursing to break up blank wall areas.
(v) Use of matching colored mortar where color is an element of architectural treatment for any of the options above.
(vi) Other treatment approved by the director.
(d) Exterior insulation and finish system (EIFS) and similar troweled finishes must:
(i) Be trimmed in wood or masonry, and should be sheltered from extreme weather by roof overhangs or other methods in order to avoid deterioration. Weather-exposed horizontal surfaces must be avoided.
(ii) Be limited to no more than 50 percent of the facade area.
(iii) Incorporate masonry, stone, or other durable material for the first two feet above ground level.
(e) Prohibited materials 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:
(i) Highly tinted or mirrored glass (except stained glass) covering more than 10 percent of the exterior of any building, or located at the ground level along the street.
(ii) Corrugated fiberglass.
(iii) Plywood siding, including T-111 and similar siding. Board and batten is an exception.
(iv) Noncorrugated and highly reflective sheet metal.
(v) Any sheet materials, such as wood or metal siding, with exposed edges or unfinished edges, or made of nondurable materials as determined by the director.
(vi) Chain link fencing.
Figure 42 – The use of different building materials, window treatments, and roofline brackets add to the visual interest of this building

Figure 43 – This storefront effectively combines EIFS and concrete block with wood trim and metal detailing
(11) Blank Walls.
(a) The blank wall standards are intended to: reduce the visual impact of large, undifferentiated walls; reduce the apparent size of large walls through the use of various architectural and landscaping treatments; enhance the character and identity of the city; and ensure that all visible sides of buildings provide visual interest. Blank walls visible from a public street, sidewalk, trail, interior pathway, or parking lot are prohibited. A wall (including building facades and other exterior building walls, retaining walls, and fences) is defined as a blank wall if:
(i) A ground floor wall or portion of a ground floor wall over four feet in height has a horizontal length greater than 15 feet and does not include a transparent window or door; or
(ii) Any portion of a ground floor wall having a surface area of 400 square feet or greater does not include a transparent window or door.
(b) 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:
(i) Incorporate transparent windows or doors and/or display windows;
(ii) Install a vertical trellis in front of the wall with climbing vines or plant materials sufficient to obscure or screen at least 60 percent of the wall’s surface within three years. For large blank wall areas, the trellis must be used in conjunction with other treatments described below;
(iii) Provide a landscaped planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the wall. Plant materials must be able to obscure or screen at least 60 percent of the wall’s surface within three years;
(iv) Provide artwork (mosaic, mural, sculpture, relief, etc.) over at least 50 percent of the blank wall surface; and/or
(v) Other method as approved by the director. For example, landscaping or other treatments may not be necessary on a wall that employs high-quality building materials (such as brick) and provides desirable visual interest.
Figure 44 – Blank wall treatments
Figure 45 – Terraced planting beds effectively screen a large blank wall
(12) Building Entrances. The intent of the building entrances standards is to ensure that buildings are inviting and accessible, that entrances are easy to locate, and that pedestrian activity is encouraged.
(a) Primary Building Entrances. The principal building entrances of all buildings shall feature the following improvements, unless the director determines an alternate solution better addresses the guideline’s intent:
(i) Weather Protection. Weather protection at least five feet deep and at least eight feet above ground level is required over the primary entrance to all commercial buildings. Entries may satisfy this requirement by being set back into the building facade.
(ii) Lighting. Pedestrian entrances must be lit to at least three foot candles but not more than four foot candles as measured on the ground plane for commercial buildings.
(iii) Visibility and Accessibility. Building entrances must be prominent and visible from the surrounding streets and must be connected by a walkway to the public sidewalk. Pedestrian pathways from public sidewalks to primary entrances or from parking lots to primary entrances shall be accessible, conforming to federal and state Americans with Disabilities Act requirements, and shall be clearly delineated.
(iv) Transparency. Entries must feature glass doors, windows, or glazing (window area) near the door so that the visitor and occupant can view people opening the door from the other side.
(b) Secondary Public Access for Commercial Buildings. Buildings with “secondary” entrances off of a parking lot shall comply with the following measures to enhance secondary public access (applies only to entries used by the public):
(i) Weather protection at least three feet deep and at least eight feet above the ground is required over each secondary entry.
(ii) Two or more of the design elements must be incorporated within or adjacent to the secondary entry:
(A) A transparent window or door to allow visibility into the building;
(B) A landscape bed, trellis, or other permanent landscape element adjacent to the entry;
(C) Architectural treatments that add visual interest to the entry;
(D) Outdoor dining or pedestrian-oriented space;
(E) Decorative lighting; or
(F) Other design elements that meet the intent of these standards as determined by the director.

Figure 46 – A distinct, weather-protected primary building entrance
Figure 47 – Examples of secondary public entrances. Note the planters, signage, and awnings
(Ord. 3265 § 3 (Exh. A), 2023).
Commercial, apartment, townhome and all group residence developments shall comply with the vehicular access and parking location standards set forth in MMC 22C.020.260. (Ord. 3265 § 3 (Exh. A), 2023).
Gas stations, convenience stores, car washes and similar uses are subject to the design standards set forth in MMC 22C.020.265. (Ord. 3265 § 3 (Exh. A), 2023).
(1) New developments with nonresidential uses on sites with a total site area greater than one acre must provide “pedestrian-oriented open space” equal to at least one percent of the ground floor nonresidential building footprint plus one percent of the “site area.” The open space may be in the form of “pedestrian-oriented open space” (see subsection (2)(b) of this section), garden, play area or other open space feature that serves both as a visual amenity and a place for human activity. Portions of sidewalks that are wider than 12 feet and which meet the standards of pedestrian-oriented open space may be counted toward this requirement. For this specific guideline, “site area” includes all land needed for the nonresidential portion of the project including parking, service areas, access and required landscaping. The intent of this guideline is to provide for some outdoor space for activities or amenities that enhance the commercial activities, such as outdoor eating areas, display areas, seating, etc.
(2) Pedestrian-Oriented Open Space. Where “pedestrian-oriented open space” is provided, including but not limited to areas required in these standards, design the open space according to the following criteria. If sidewalks are wider than the required minimum width, the additional sidewalk width may be counted as pedestrian-oriented open space.
(a) Required Pedestrian-Oriented Open Space Features.
(i) Visual and pedestrian access (including ADA-compliant access) into the site from a street, private access road, or nonvehicular courtyard.
(ii) Paved walking surfaces of either concrete or approved unit paving.
(iii) Lighting must conform to these design standards.
(iv) Spaces must be located in or adjacent to areas with significant pedestrian traffic to provide interest and security, such as adjacent to or visible from a building entry.
(v) Landscaping components that add visual interest and do not act as a visual barrier. This could include planting beds, potted plants, or both.
(b) Desirable Pedestrian-Oriented Open Space Features.
(i) Pedestrian amenities, such as a water feature, site furniture, artwork, drinking fountains, kiosks, or other similar features.
(ii) At least two feet of seating area (a bench or ledge at least 16 inches deep and appropriate seating height) or one individual seat per 60 square feet of plaza area or open space.
(iii) Adjacent buildings with transparent window and doors covering 75 percent of the facade between two feet and eight feet above the ground level.
(iv) Consideration of the sun angle at noon in the design of the space.
(v) Pedestrian weather protection, alcoves, seating, or other features along building edges to allow for outdoor seating areas and a planted buffer.
(c) A pedestrian-oriented open space must not have:
(i) Asphalt or gravel pavement.
(ii) Adjacent parking areas or service areas (e.g., trash areas) that are not separated with landscaping.
(iii) Adjacent chain-link fences.
(iv) Adjacent “blank walls” without “blank wall treatment.”
(v) Outdoor storage that does not contribute to the pedestrian-oriented environment. (Ord. 3265 § 3 (Exh. A), 2023).
The on-site open space and recreation space standards are intended to provide usable, accessible, and inviting open space for residents that enhances residential areas. Multifamily residential uses in the mixed use zone shall provide open space equivalent to at least 20 percent of the building’s gross floor area; vertical mixed use developments (where commercial and multifamily uses are contained in the same building) shall not be subject to this requirement; provided, that at least 80 percent of the ground floor is exclusively dedicated to commercial uses and residential uses shall be limited to walls not oriented or located along the street. The required area may be satisfied with one or more of the elements listed below:
(1) Common open space accessible to all residents shall count for up to 100 percent of the required open space. This includes landscaped courtyards or decks, gardens with pathways, children’s play areas, or other multipurpose recreational and/or green spaces. Special requirements and recommendations for common spaces include the following:
(a) Space shall be large enough to provide functional leisure or recreational activity area per the director. For example, long narrow spaces less than 20 feet wide rarely, if ever, can function as usable common open space.
(b) Consider space as a focal point of development.
(c) Open space, particularly children’s play areas, shall be visible from dwelling units and positioned near pedestrian activity.
(d) Space shall feature paths, plantings, seating, lighting and other pedestrian amenities to make the area more functional and enjoyable.
(e) Individual entries shall be provided onto common open space from adjacent ground floor residential units. Small, semiprivate open spaces for adjacent ground floor units that maintain visual access to the common area are strongly encouraged to enliven the space.
(f) Separate common space from ground floor windows, streets, service areas and parking lots with landscaping and/or low-level fencing, where desirable.
(g) Space shall be oriented to receive sunlight, facing east, west, or (preferably) south, when possible.
(h) Required setbacks, landscaping, driveways, parking, or other vehicular use areas shall not be counted toward the common open space requirement.
(i) Rooftops or rooftop decks shall not be considered as common open space for the purpose of calculating minimum open space area; provided, that the director may consider rooftops or rooftop decks as common open space where usable open space amenities are provided and available to all residents.
(j) Outdoor open space shall not include areas devoted to parking or vehicular access.
(2) The following amenities may be used to satisfy up to 50 percent of the open space requirement. A combination of these amenities may be provided in different ratios; provided, that (i) the total credit for any combination of the following amenities may not exceed 50 percent of the open space requirement, and (ii) the amount of the amenity provided is sufficient to achieve the purpose of the amenity as determined by the director:
(a) Individual balconies that provide a space usable for human activity. To qualify, the balconies shall be at least 36 square feet and have no dimension less than six feet.
(b) Natural areas that function as an amenity to the development, subject to the following requirements and recommendations:
(i) The natural area shall be accessible to all residents. For example, safe and attractive trails provided along or through the natural area where they could serve as a major amenity to the development.
(ii) Steep slopes, wetlands, or similar unbuildable areas shall not be counted in the calculations for required open space unless they provide a visual amenity for all units, as determined by the director.
(c) Storm water retention areas if the facility has natural looking edges, natural vegetation, and no fencing except along the property line. The design of such areas shall go well beyond functional storm water requirements per the director in terms of the area involved and the quality of landscaping and resident amenities. The side slope of the storm water facilities shall not exceed a grade of 1:3 (one vertical to three horizontal) unless slopes are existing, natural, and covered with vegetation.
(3) Children’s play equipment and recreational activity space for children and/or teens that include parent seating areas are required in residential complexes with 20 or more units. Exceptions: age-restricted senior citizen housing; mixed use developments (combined commercial and residential in same building); developments reserved for student housing; infill lots within the downtown master plan area; and developments located within a quarter mile of safe walking distance to a public park that features a play area.
(4) Active recreation facilities may be provided, subject to the following:
(a) Active recreation facilities may include, but are not limited to, exercise rooms, sports courts, swimming pools, tennis courts, game rooms, or community centers; and
(b) Indoor recreation areas may be credited towards the total recreation space requirement, when the city determines that such areas are located, designed and improved in a manner which provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors.
(5) Minimum Total Open Space. In addition to subsections (1) and (2) of this section, all multifamily development shall include at least 30 percent of the total lot area as landscaped open space. The landscaped open space shall not include any area used for vehicle circulation or parking, but may include residential open space areas, areas in required building setbacks, play areas, natural areas, and critical areas. (Ord. 3265 § 3 (Exh. A), 2023).
Townhouse and other ground-based multifamily shall provide open space as set forth in MMC 22C.020.280. (Ord. 3265 § 3 (Exh. A), 2023).
Maintenance and dedication of open space standards are set forth in MMC 22C.010.340. (Ord. 3265 § 3 (Exh. A), 2023).
Provisions for the city allowing a payment in lieu of providing on-site open space or recreation space are set forth in MMC 22C.020.300. (Ord. 3265 § 3 (Exh. A), 2023).
(1) Service Element Location and Design. All development shall provide a designated spot for service elements. Such elements shall meet the following requirements:
(a) Service areas (loading docks, trash dumpsters, compactors, recycling areas, electrical panels, and mechanical equipment areas) shall be located to avoid negative visual, auditory (noise), olfactory, or physical impacts on the street environment and adjacent residentially zoned properties. The city may require evidence that such elements will not significantly impact neighboring properties or public areas. (For example, the city may require noise damping specifications for fans near residential zones.)
(b) Exterior loading areas for commercial uses shall not be located within 20 feet of a single-family residentially zoned property, unless the director finds such a restriction does not allow feasible development. In such cases, the areas and drives will be separated from the residential lot by a masonry wall at least eight feet high. Internal service areas may be located across the street from a single family residential zone.
(c) Service areas must not be visible from the sidewalk and adjacent properties. Where the city finds that the only option for locating a service area is either visible from a public right-of-way or space or from an adjacent property, the area must be screened with either landscape or structural screening measures provided in Chapter 22C.120 MMC, Landscaping and Screening.
(d) The designated spot for service elements shall be paved with concrete.
(e) Appropriate enclosure of the common trash and recycling elements shall be required, as determined by the director. Requirements and considerations:
(i) A six-foot fence constructed of concrete block or brick enclosing trash and recycling receptacles is required. Coordination with the current franchise hauler is required. The sides and rear of the enclosure must be screened with L1, L2, L3, or L4 landscaping (as defined in MMC 22C.120.110) at least five feet deep in visible locations as determined by the director to soften the views of the screening element and add visual interest.
(ii) Proximity to adjacent residential units will be a key factor in determining appropriate service element treatment.
(iii) Preferably, service enclosures are integrated into the building itself.
(2) Utility Meters, Electrical Conduit, and Other Service Utility Apparatus. These elements shall be located and/or designed to minimize their visibility to the public. If such elements are mounted in a location visible from the street, pedestrian pathway, common open space, or shared auto courtyards, they shall be screened with vegetation or by architectural features.
(3) Roof-mounted mechanical equipment must be located and screened by a parapet, or other primary building element, so the equipment is not visible within 150 feet of the structure when viewed from the ground level of adjacent properties. Match the color of roof-mounted equipment with the exposed color of the roof to minimize visual impacts when equipment is visible from higher elevations nearby.
(4) Locate and/or shield noise-producing mechanical equipment such as fans, heat pumps, etc., so that noise reaching the adjacent properties is less than 50 dBA. If required by the director, the applicant must demonstrate that this standard is achieved by providing equipment specifications and/or calculations of noise impacts. (Ord. 3265 § 3 (Exh. A), 2023).
(1) Purpose. The fence standards promote the positive benefits of fences without negatively affecting the community or endangering public or vehicle safety. Fences provide separation from busy streets and sewer service areas, define vehicle areas, and enhance the appearance of property by providing attractive landscape materials. The negative effects of fences can include the creation of street walls that inhibit police and community surveillance, decrease the sense of community, hinder emergency access and the safe movement of pedestrians and vehicles, and create an unattractive appearance.
(2) Types of Fences.
(a) The standards apply to walls, fences, trellises, arbors and screens of all types whether open, solid, wood, metal, wire, masonry or other material.
(b) No barbed or razor-wire fence shall be permitted, except for the following:
(i) Industrial zones.
(ii) Confinement of livestock.
(iii) Public facilities, transmitter and transformer sites.
(iv) Government installations where security or public safety is required.
(v) Automobile holding yards and similar businesses if required under state law.
(3) Height.
(a) Business and Commercial Zones. All yards: eight feet.
(b) Industrial Zones. All yards: 10 feet.
(c) When a protective fence is located on top of a rockery, any portion of the fence above a height of eight feet shall be an open-work fence.
(d) 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.
(e) 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.
(f) 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.
(4) Setbacks.
(a) Front Lot Line.
(i) Solid fences greater than four feet in height shall be set back at least 20 feet from the street right-of-way, unless they are used to screen service areas or unsightly areas.
(ii) No fence taller than four feet above grade shall be located between a street and a building’s front facade or entrance.
(b) Side lot line: No setback requirement.
(c) Rear lot line: No setback requirement.
(d) For special rules relating to fences and walls near fire hydrants, see MMC 14.03.050(2) and the International Fire Code.
(5) Fence Exemptions.
(a) The director shall have authority to administratively grant an exception to the fence requirements outlined in this section. The director is authorized to issue exceptions in cases of special hardships, unique circumstances and practical difficulties. No exception shall be granted which would be detrimental to the public health, welfare or environment.
(b) 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:
(i) If the proposed fence is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks;
(ii) The proposed fence will not infringe upon or interfere with utility and/or access easements or covenant rights or responsibilities;
(iii) The increased fence height will not adversely affect adjacent property owners or reduce visibility of the property from the street. (Ord. 3265 § 3 (Exh. A), 2023).
Where lighted signs and illuminated areas are permitted, such illuminating devices shall be shaded and/or directed so as not to visibly create a nuisance to any property in a residential zoning classification. (Ord. 3265 § 3 (Exh. A), 2023).
(1) Site Lighting Levels. All publicly accessible areas shall be lighted with average minimum and maximum levels as follows:
(a) Minimum for low or nonpedestrian and vehicular traffic areas – one-half foot candle;
(b) Minimum for moderate or high volume pedestrian areas – one to two foot candles; and
(c) Maximum (for high volume pedestrian areas and building entries) – up to four foot candles.
(2) Light Quality and Shielding.
(a) Parking area lighting fixtures shall be full cut-off; dark sky rated and mounted no more than 20 feet about the ground, with lower fixtures preferable so as to maintain a human scale.
(b) Exterior lighting must comply with MMC 22C.065.220(4)(d).
(3) Architectural Lighting. The lighting of building features, artwork, and special landscape elements may be allowed, subject to the findings of the director that the light causes no significant adverse impact. (Ord. 3265 § 3 (Exh. A), 2023).
The Lakewood neighborhood master plan places a high priority on being a “walkable” and accessible community. Frequent and attractive connections between destinations through a well connected system of streets and pathways are required.
(1) Connectivity to Abutting Lands. The street system of proposed development shall be designed to connect with existing, proposed, and planned streets outside of the development. Wherever a proposed development abuts unplatted land or other land with the capability of being further subdivided, street stubs shall be provided to allow access to future abutting subdivisions and to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turn-around unless specifically exempted by the fire marshal, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.
(2) Continuation of Streets. Planned streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods and to facilitate emergency access and evacuation. Connections shall be designed to meet or exceed the block standards in subsection (3) of this section, and to avoid or minimize through traffic on local streets.
(3) Block Size. New development in mixed-use zones shall provide an integrated and connected network of streets to provide “direct” walking route options, orientation, a sense of place, and multiple travel route options. A street network dominated by long, irregular loop roads and cul-de-sacs is not appropriate. Blocks shall be designed to provide vehicular connections at intervals no greater than 600 feet and pedestrian access at intervals no greater than 300 feet (200 feet is preferred).
(4) Pedestrian Access Ways. Internal paths, such as an access way in the middle of a block, are encouraged to provide pedestrian access at intervals no greater than 300 feet to improve pedestrian mobility. Such access ways shall conform to all of the following standards:
(a) Width. Pedestrian access ways shall be located within dedicated public rights-of-way or private easements allowing public access with a minimum dimension of 10 feet in width;
(b) Design. Pedestrian access ways shall be constructed to sidewalk standards for local access roads or be designed as a multi-use trail per direction in the nonmotorized transportation systems plans outlined in the Lakewood neighborhood master plan and 2015 Transportation Element of the Marysville comprehensive plan. Also see Chapter 3 of the city of Marysville engineering design and development standards (EDDS). Alternative designs may be considered where significant environmental constraints are present;
(c) Safety. The access way shall incorporate design treatments that avoid a “tunnel effect” in the corridor and create a potential safety problem. Design solutions could involve the width, length, and/or the alignment of the corridor, height of fences adjacent to the corridor, lighting treatments, and/or the proposed landscaping along the corridor;
(d) Accessibility. Pedestrian access ways shall conform to applicable ADA requirements, except where not required by applicable ADA rules and regulations;
(e) Landscaping. The city may require landscaping to buffer pedestrians from adjacent vehicles and land uses. Plantings shall emphasize drought tolerant and low maintenance materials and shall maintain adequate visibility for safety; and
(f) Where pedestrian access ways are privately owned, they shall be operated and maintained by the developer until: (i) the declaration and covenants for plat are recorded, and (ii) a property owners, business, or homeowners organization has been established which shall be legally responsible for the operation and maintenance of the pedestrian access way. (Ord. 3265 § 3 (Exh. A), 2023).
Existing developments that do not conform to the development standards of this chapter are subject to the standards of Chapter 22C.100 MMC, Nonconforming Situations. (Ord. 3265 § 3 (Exh. A), 2023).
The standards pertaining to the required number of auto parking spaces, bicycle parking spaces, parking lot placement, parking lot setbacks and internal parking lot pedestrian connections are stated in Chapter 22C.130 MMC, Parking and Loading. (Ord. 3265 § 3 (Exh. A), 2023).
The sign standards are stated in Chapter 22C.160 MMC, Signs. (Ord. 3265 § 3 (Exh. A), 2023).
The landscaping and screening standards are stated in Chapter 22C.120 MMC, Landscaping and Screening. (Ord. 3265 § 3 (Exh. A), 2023).
(1) All decorative street light installations shall be Philips Lumec Renaissance Series color BRTX (textured bronze) or approved equal, and shall include the following, or latest model:
(a) Philips Lumec Renaissance Series fixture product number RN20-(90 or 135)W80LED-ACDR-LE3R-240-BRTX.
(b) Philips Lumec pole product number SSM8V-25-BRTX including pole, access door, plant support, decorative cover, ballast module, ballast tray, weld cover, base cover and GFCI receptacle.
(c) Philips Lumec Renaissance Series mounting arm product number NMIA-RNA-BRTX.
(d) Philips Lumec Renaissance Series pedestrian scale lighting may also be required and shall be determined based upon projects details specific to the location pedestrian sidewalk and/or multi-use path design. This product may include a standalone decorative pole with fixture or a decorative arm and fixture mounted on the decorative street light pole.
(2) Decorative street light standards shall be furnished and installed in accordance with the methods and materials noted in the applicable standard plans, preapproved plans, or special design plans. All welds shall comply with the latest AASHTO Standard Specifications for Support of Highway Signs, Luminaires, and Traffic Signals. Welding inspection shall comply with Section 6-03.3(25)A, Welding Inspection.
(3) All decorative street light standards shall meet the following:
(a) All poles and arms shall be round tapered steel.
(b) All lamps and electrical components shall be accessible without tools.
(c) Optical systems shall be IP66 rated.
(d) Luminaires shall incorporate LED lamps with an L70 rated LED lamp and driver life of 100,000 hours or greater.
(e) LED lamps shall have a color temperature of 4000K (+/- 350K).
(f) Decorative street light standards, luminaire arms, banner arms (if required), decorative bases, and visible mounting hardware shall be of the color BRTX (textured bronze) with a powder coating.
(g) Bolts shall be per manufacturer recommendation and installed per the plans and specifications.
(h) All poles shall have a hand hole for access to the tray-mounted ballasts.
(i) All standards shall be rated to withstand 100 MPH steady wind with a gust factor of 1.3.
(j) Bolt circle allowed shall be 11 inches at 13 inches.
(k) All poles and luminaire arms shall incorporate decorative elements identical to or similar to those shown within the plans.
(4) Every other (a minimum of 50 percent of installed) decorative street light standard shall meet the following:
(a) Have a 120-volt, built-in duplex GFCI receptacle outlet installed at the top of the pole. The GFCI receptacle outlet circuit shall be placed on a 20-amp minimum circuit. The GFCI receptacle outlets shall be inspected utilizing a standard off-the-shelf GFCI receptacle tester, prior to project completion, by the contractor in the presence of the city signal technician or city electrical inspector. GFCI outlets which fail the test shall be replaced by the contractor and retested by the contractor in the presence of the city signal technician or city electrical inspector.
(b) Have banner arms permanently mounted at a height of 20 feet and banner arms mounted to an adjustable clamp assembly at a height of 12 feet. Banner arms shall be 36 inches long and have a three-inch ball at the end.
(c) Banner arm mounts and duplex GFCI receptacle outlets shall be oriented 180 degrees from the steel arms of the luminaire.
(5) Decorative street light standards shall be engineered by the pole manufacturer. Drawings shall be stamped by a licensed structural engineer with current valid State of Washington stamp. The foundation shall be engineered by a licensed structural engineer using pole manufacture data and project supplied soils testing report. Engineered/stamped plans by a currently licensed structural engineer shall be submitted to the project engineer. Foundation work and pole manufacture shall not commence until engineered plans have been approved by the project engineer. All poles shall be circular in cross-section.
(6) After delivering the standards to the job site and before they are installed, they shall be stored in a place that will not inconvenience the public. All standards shall be installed in compliance with Washington State Utility and Electrical Codes.
(7) Factory approved touch-up paint of color BRTX (textured bronze) in the quantity of one unopened gallon shall be supplied to the city prior to project completion.
Figure 48 – Decorative street lighting required in the Lakewood neighborhood
(Ord. 3265 § 3 (Exh. A), 2023).
The purpose of this chapter is to apply design standards and guidelines in the East Sunnyside – Whiskey Ridge subarea, adopted by Ordinance No. 2696, as required standards for all new construction. It is also the purpose of this chapter to:
(1) Encourage the realization and creation of a desirable and aesthetic environment in the East Sunnyside – Whiskey Ridge subarea;
(2) Encourage and promote development which features amenities and excellence in site planning, streetscape, building design and contribution to community aesthetic appeal;
(3) Encourage creative approaches to the use of land and related physical developments;
(4) Minimize incompatible and unsightly surroundings and visual blight which prevent orderly community development;
(5) Allow a mixture of complementary land uses that may include housing, retail, offices, and commercial services, in order to create economic and social vitality and encourage the linking of vehicle trips;
(6) Develop commercial and mixed use areas that are safe, comfortable and attractive to pedestrians;
(7) Support the use of streets as public places that encourage pedestrian and bicycle travel;
(8) Reduce opportunities for crimes against persons and property;
(9) Minimize land use conflicts and adverse impacts;
(10) Provide roadway and pedestrian connections between residential and commercial areas;
(11) Provide public places and open space networks to create gateways, gathering places, and recreational opportunities that enhance the natural and built environment. (Ord. 3230 § 2 (Exh. A), 2022).
(1) Applicability.
(a) The design guidelines set forth in this chapter shall apply to all new construction in the East Sunnyside – Whiskey Ridge subarea.
(b) The design guidelines shall be legally required standards, which shall be applied by the city to all development approvals and permits in the East Sunnyside – Whiskey Ridge subarea.
(c) The following activities shall be exempt from these standards:
(i) Construction activities which do not require a building permit;
(ii) Interior remodels of existing structures;
(iii) Modifications or additions to existing multifamily, commercial, industrial, office and public properties when the modification or addition:
(A) Constitutes less than 10 percent of the existing horizontal square footage of the use or structure; and
(B) Constitutes less than 10 percent of the existing building’s exterior facade.
(d) Where these standards in this chapter conflict with other standards outlined in MMC Title 22, Unified Development Code, the director shall determine which regulation applies based on which is more in the public interest and more consistent with the comprehensive plan.
(2) Interpreting and Applying the Design Standards.
(a) These standards capture the community visions and values as reflected in the comprehensive plan’s neighborhood planning areas. The director retains full authority to determine whether a proposal meets these standards.
(b) Within these standards, certain words are used to indicate the relative importance and priority the city places upon a particular standard.
(i) The words “shall,” “must,” and “is/are required,” or words with their equivalent meaning, mean that the development proposal must comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance; or
(B) The development proposal meets the intent of the standards in some other manner.
(ii) The word “should,” or words with its equivalent meaning, means that the development proposal will comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance;
(B) The development proposal meets the intent of the standards in some other manner; or
(C) There is convincing evidence that applying the standard would not be in the public interest.
(iii) The words “is/are encouraged,” “can,” “consider,” “help,” and “allow,” or words with their equivalent meaning, mean that the action or characteristic is allowed and will usually be viewed as a positive element in the city’s review.
(c) The project proponent may submit proposals that, in their opinion, 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. (Ord. 3230 § 2 (Exh. A), 2022).
The purpose of this article is to:
(1) Implement the East Sunnyside – Whiskey Ridge subarea plan goals and policies through land use regulations.
(2) Provide an efficient and compatible relationship of land uses and zones. (Ord. 3230 § 2 (Exh. A), 2022).
The Easy Sunnyside – Whiskey Ridge subarea regulations in this chapter comprise zoning classifications and regulations which are unique to the subarea, except where other regulations in this title are adopted by reference.
(Ord. 3366 § 66 (Exh. NNN), 2025; Ord. 3352 § 69 (Exh. NNN), 2025; Ord. 3230 § 2 (Exh. A), 2022).
Figure 2-1 illustrates the location and boundaries of East Sunnyside-Whiskey Ridge area for reference.
Figure 2-1
Click for high-resolution PDF
Click for high-resolution PDF.
(Ord. 3331 § 11 (Exh. K), 2024; Ord. 3230 § 2 (Exh. A), 2022).
To provide pedestrian-oriented streets where development faces the street. (Ord. 3230 § 2 (Exh. A), 2022).
All residential developments shall be designed to front onto streets. Configurations where dwelling units and/or residential lots back up any street are prohibited except for those lots adjacent to State Route 9.
Figure 3-1. Homes along an arterial served by alley access in the rear.
For example, new subdivisions along 83rd Avenue NE could be configured so that lots fronting on the street feature alley access in the rear or other shared driveway access as approved by the city on the side of the lots. Lot configurations where side yards face the street are acceptable. See standard MMC 22C.070.220(2) for related fence requirements along side yards. (Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To arrange and orient buildings in a way that encourages pedestrian activity in the neighborhood.
(b) To enhance the visual character and definition of streets within the neighborhood.
(c) To encourage interaction among neighbors.
(d) To increase privacy for residential uses located near the street.
(e) To take advantage of special opportunities to create a composition of buildings and open spaces.
Figure 4-1. Pedestrian-oriented facade example.
(2) Standards and Guidelines.
(a) Storefronts. Buildings with nonresidential uses on the ground floor may be placed at the edge of the sidewalk, provided they feature a pedestrian-oriented facade, per subsection (2)(b) of this section.
(b) Pedestrian-Oriented Facades. To meet the definition of a pedestrian-oriented facade, a facade must include the following elements:
(i) The primary pedestrian entrance shall be located on this facade.
(ii) The ground floor facade between two and eight feet above the ground shall contain a minimum of 75 percent transparent window area.
(iii) Weather protection at least five feet in depth and at least eight feet above the ground along a minimum of 75 percent of the facade.
Figure 4-2. Pedestrian-oriented facade requirements.
(c) Commercial and Mixed Use Buildings. Such buildings shall be located and oriented towards the street. To meet this requirement, the building entries and windows must face the street. Specific provisions and exceptions include:
(i) Parking lots shall not be located between the building and the street.
(ii) Building facades facing the street must have transparent windows or doors covering at least 25 percent of the ground floor facade between four and eight feet above the level of the sidewalk. Departures will be considered by the director provided the proposed building configuration and design enhances the pedestrian environment of the neighborhood.
(iii) For sites that front on more than one public street, the buildings are encouraged to orient to both streets. Priority shall be given to 87th Avenue NE or other streets that are more visible and/or provide a better opportunity for increased pedestrian activity.
(iv) For large sites (over two acres) featuring multiple buildings, developments shall configure buildings to create focal points for pedestrian activity on the site. However, no more than 50 percent of the 87th Avenue NE frontage may be occupied by vehicular access or parking. Exceptions: An increased percentage of parking or vehicular access along the street front may be allowed where the configuration allows the development to better meet the intent of the standards and guidelines. For example, if the configuration allows for a centralized plaza surrounded by a concentration of retail uses, an increase in the percentage of parking along the street front would be allowed.
(v) Development fronting on Soper Hill Road and 35th Street NE may be exempted from this requirement.
(vi) Where unique topographical or environmental conditions make conformance difficult or undesirable, the director shall allow alternative building placement and/or orientation, provided the overall development meets the intent of the standards and guidelines.
For all departures or exemptions noted above, the development shall incorporate design features that add visual interest to the pedestrian environment, maintain visual continuity along the streets and enhance pedestrian access.

Figure 4-3. For large sites featuring multiple buildings, no more than 50 percent of the primary public street frontage may be occupied by vehicular access or.
(d) Front Setbacks for Multifamily Buildings. Ground floor multifamily residential uses and residential buildings shall be set back at least 10 feet from the sidewalk.
(e) Multifamily Building Location and Orientation. Multifamily residential buildings shall be located and oriented towards streets and not parking lots or adjacent properties. Specifically:
(i) Parking lots shall not be located between the building and the street.
(ii) The primary building entry shall face the street. Alternatively, building entries that face onto a courtyard which is oriented towards the street are acceptable.
Figure 4-4. Multifamily building oriented towards the street.
(iii) Buildings with individual ground floor entries should face the street to the extent possible. Again, configurations where entries face onto a courtyard or open space that is oriented to the street are acceptable.
(iv) Buildings shall also provide windows that face the street to provide “eyes on the street” for safety. To meet this requirement, at least 15 percent of the facade shall be occupied by transparent windows or doors. See Figure 4-5 for clarification on how transparency requirements are calculated.

Figure 4-5. Facade transparency requirements.
(v) Departures will be considered by the director provided they meet the intent of the standards and guidelines. For example, alternative configurations may be more desirable to take advantage of special views or special environmental features.

Figure 4-6. Good and bad multifamily development configurations.
(Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To enhance the character and identity of the area.
(b) To enhance the pedestrian environment at street corners.

Figure 4-7. This example includes both a building located towards the street corner and a small pedestrian-oriented space.
(2) Standards and Guidelines for Street Corner Treatment.
(a) Street corner developments are subject to the city’s site distance standards.
(b) All development proposals located at street corner sites in the community business and mixed use zones shall include at least one of the design treatments described below (in order of preference):
(i) Locate a building towards the street corner (within 15 feet of the corner property line).
(ii) Provide pedestrian-oriented space (as defined in MMC 22C.070.100(2)(c)) at the corner leading directly to a building entry or entries.
Figure 4-8. Street corner building example.
If subsection (2)(b)(i) or (ii) of this section is not feasible or desirable per the director, consider the following options:
(iii) Install substantial landscaping (at least 30 feet by 30 feet or 900 square feet of ground surface area with trees, shrubs, and or ground cover). The space may include a special architectural element, such as a trellis, to add identity or demarcation of the area. Such an architectural element may have a sign incorporated into it (as long as such sign does not identify an individual business or businesses);
(iv) Other treatments will be considered, provided they meet the intent of the standards and guidelines as determined by the director.

Figure 4-9. This street corner successfully combines landscaping with architectural elements. Signage demarcates the area, not an individual store.
(Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To provide a variety of accessible and inviting pedestrian-oriented areas to attract shoppers to commercial areas and enrich the pedestrian environment.
(b) To create usable, accessible, and inviting open spaces for residents.
(c) To create open spaces that enhance the residential setting.

Figure 4-10. Pedestrian-oriented spaces are a critical element of successful commercial and mixed use developments.
(2) Standards and Guidelines.
(a) Developments are subject to Chapter 22D.020 MMC, Parks, Recreation, Open Space and Trail Impact Fees and Mitigation, until otherwise noted.
(b) Open Space for Nonresidential Uses. Nonresidential uses shall provide pedestrian-oriented space, defined in subsection (2)(c) of this section, in conjunction with new development according to the formula below.
(i) Requirement. Two percent of the applicable site plus one percent of the nonresidential building floor area (excluding structured parking areas).
(ii) Applicable site refers to that portion of a property or properties that is proposed for development.
(iii) For the purposes of this section, all required sidewalks and walkways shall not count as pedestrian-oriented space. However, the director may allow those portions of sidewalks or walkways widened beyond minimum requirements to count towards the required pedestrian-oriented space as long as such space meets the definition of pedestrian-oriented space.

Figure 4-11. An illustration of how much pedestrian-oriented space would be required for a typical grocery story served by surface parking.
(c) Pedestrian-Oriented Spaces. These are predominantly hard-surfaced plaza- or courtyard-type spaces provided with commercial and mixed use buildings.
(i) To qualify as a pedestrian-oriented space, an area shall have:
(A) Pedestrian access to the abutting structures from the street, private drive, or a nonvehicular courtyard.
(B) Paved walking surfaces of either concrete or approved unit paving.
(C) Pedestrian-scaled lighting (no more than 15 feet in height) at a level averaging at least two foot-candles throughout the space. Lighting may be on-site or building-mounted lighting.
(D) At least two linear feet of seating area (bench, ledge, etc.) or one individual seat per 60 square feet of plaza area or open space (up to 50 percent of seats may be movable).
(E) Be sited in areas with significant pedestrian traffic to provide interest and security, such as adjacent to a building entry.
(F) Landscaping components that add seasonal interest to the space. The following features are encouraged in pedestrian-oriented space and may be required by the director for a space to meet the intent of the standards and guidelines.
Figure 4-12. Pedestrian-oriented space in front of a grocery store.

Figure 4-13. Pedestrian-oriented space in a shopping.
(ii) The following features are encouraged in pedestrian-oriented space and may be required by the director for a space to meet the intent of the standards and guidelines:
(A) Pedestrian amenities, such as a water feature, drinking fountain, tables, and/or distinctive paving or artwork.
(B) A pedestrian-oriented building facade on some or all buildings facing the space.
(C) Consideration of the sun angle at noon and the wind pattern in the design of the open space.
(D) Transitional zones along building edges to allow for outdoor eating areas and a planted buffer.

Figure 4-14. Examples of pedestrian-oriented spaces.
(iii) The following features are prohibited within pedestrian-oriented space:
(A) Asphalt or gravel pavement.
(B) Adjacent unscreened parking lots.
(C) Adjacent chain link fences.
(D) Adjacent blank walls.
(E) Adjacent unscreened dumpsters or service areas.
(F) Outdoor storage or retail sales that do not contribute to the pedestrian.

Figure 4-15. Pedestrian-oriented space example.

Figure 4-16. Large example of pedestrian- oriented space.
(d) Multifamily Open Space. Multifamily residential uses shall provide open space equivalent to at least 20 percent of the building’s livable floor area. The required area may be satisfied with one or more of the elements listed below:
(i) Common open space accessible to all residents shall count for up to 100 percent of the required open space. This includes landscaped courtyards or decks, gardens with pathways, children’s play areas, or other multipurpose recreational and/or green spaces. Special requirements and recommendations for common spaces include the following:
(A) Space shall be large enough to provide functional leisure or recreational activity per the director. For example, long narrow spaces (less than 20 feet wide) rarely, if ever, can function as usable common space.
(B) Consider space as a focal point of development.
(C) Space (particularly children’s play areas) shall be visible from dwelling units and positioned near pedestrian activity.
(D) Space shall feature paths, plantings, seating, lighting and other pedestrian amenities to make the area more functional and enjoyable.
(E) Individual entries shall be provided onto common open space from adjacent ground floor residential units. Small, semi-private open spaces for adjacent ground floor units that maintain visual access to the common area are strongly encouraged to enliven the space.
Figure 4-17. A residential courtyard providing semi-private patio spaces adjacent to individual units.
(F) Separate common space from ground floor windows, streets, service areas and parking lots with landscaping and/or low-level fencing, where desirable.
Figure 4-18. Common open space for a townhouse development.
(G) Space should be oriented to receive sunlight, facing east, west, or (preferably) south, when possible.
(H) Required setbacks, landscaping, driveways, parking, or other vehicular use areas shall not be counted toward the common space requirement.
(I) Rooftop decks shall not be considered as common open space for the purpose of calculating.
Figure 4-19. A courtyard for a mixed use development providing an amenity to residents and the adjacent coffee shop.
(ii) Individual balconies may be used to meet up to 50 percent of the required open space. To qualify as open space, balconies shall be at least 35 square feet, with no dimension less than four feet, to provide a space usable for human activity.
Figure 4-20. Balconies provide private, usable open space for residents.
(iii) Natural areas that function as an amenity to the development may count for up to 50 percent of the required open space, subject to the following requirements and recommendations:
(A) The natural area shall be accessible to all residents. For example, safe and attractive trails provided along or through the natural area where they could serve as a major amenity to the development.
(B) Steep slopes, wetlands, or similar unbuildable areas shall not be counted in the calculations for required open space unless they provide a visual amenity for all units, as determined by the director.
(iv) Stormwater retention areas may be counted for up to 50 percent of the required open space 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 stormwater requirements per the director in terms of the area involved and the quality of landscaping and resident amenities. The side slope of the stormwater facilities shall not exceed a grade of 1:3 (one vertical to three horizontal) unless slopes are existing, natural, and covered with vegetation.
(v) Children’s play equipment and recreational activity space for children and/or teens and parent seating areas are encouraged in residential complexes with 20 or more units. Exceptions: age-restricted senior citizen housing, developments located within one-quarter mile of a public park that features a play area, mixed use developments, and developments reserved for student housing.
Figure 4-21. Children’s play area incorporated into a multifamily development.
(e) Townhouse, Middle Housing, and Ground-Based Multifamily Open Space. Townhouses, middle housing, and ground-based multifamily residential units with individual exterior entries must provide at least 200 square feet of private open space per dwelling unit adjacent to, and directly accessible from, each dwelling unit. This may include private balconies, individual rear yards, landscaped front yards, and covered front porch areas. Exception: Common open space designed per subsection (2)(d)(i) of this section may substitute for up to 50 percent of each unit’s required private or semi-private open space on a square foot per square foot basis.
Figure 4-22. These townhouses provide balconies and semi-private yard space.

Figure 4-23. Example townhouse configuration with a combination of private open spaces adjacent to units and larger common open space accessible to all units.
(Ord. 3366 § 67 (Exh. OOO), 2025; Ord. 3352 § 70 (Exh. OOO), 2025; Ord. 3230 § 2 (Exh. A), 2022).
(1) Since the community business and mixed use zones provide for a wide range of use types, design treatments along the side and rear yards will be critical in ensuring compatibility between developments. Thus the following standards and guidelines are intended to provide clear objectives (intent statements) and a tool box of options to choose the appropriate design treatment for the specific situation.
(2) Intent.
(a) To provide for compatibility between uses.
(b) To encourage coordinated development between compatible uses.
(c) To provide for a visual and physical separation of residential uses from commercial uses, where desired.
(d) To maximize privacy for residential uses.
(e) To allow for sufficient solar access to residential uses located along a side or rear yard.
(3) Standards and Guidelines.
(a) Side and Rear Setbacks.
(i) Community Business and Mixed Use Zones.
(A) Zero feet for windowless fire walls up to 20 feet in height.
(B) Fifteen feet for all other buildings up to 35 feet in height. One foot of additional setback is required for each foot of height over 35 feet.
(C) Reduced setbacks will be considered provided the design treatment meets the intent of the standards and guidelines with respect to the subject property and current or vested uses on the adjacent property.
(ii) Other Zones.
(A) Fifteen feet for all other buildings up to 35 feet in height. One foot of additional setback is required for each foot of height over 35 feet.
(B) Reduced setbacks will be considered provided the design treatment meets the intent of the standards and guidelines with respect to the subject property and current or vested uses on the adjacent property.
(b) Solar Access and Privacy.
(i) Buildings or portions thereof containing dwelling units whose solar access is only from the applicable side of the building (facing towards the side property line) shall be set back from the applicable side or rear property lines at least 15 feet. See Figure 4-24.
(ii) Transparent windows shall occupy no more than 10 percent of any facade within 15 feet of the side or rear property line.
(iii) Balconies or rooftop decks within 15 horizontal feet of a side property line must utilize opaque guard rails to minimize privacy impacts to adjacent properties.
(iv) Departures may be granted to the above standard provided the design treatment meets the intent of the standards and guidelines with respect to the subject property and current or vested uses on the adjacent property. Where the adjacent property is undeveloped or underdeveloped (as determined by the director), the proposed departure treatment should not hinder permitted development opportunities on said adjacent property.

Figure 4-24. Side yard setback standards and guidelines for multifamily buildings depend on their dwelling units’ solar access.
(c) Side and Rear Yard Buffer Requirements. All developments shall incorporate one or more of the following design options:
(i) Provide Landscaping Type L1 (see MMC 22C.120.110) at least 10 feet deep along side and rear property lines where adjacent to residential zoned land.
(ii) Provide Landscaping Type L2 or L3 (see MMC 22C.120.110) at least 10 feet deep along side and rear property lines where a visual separation of uses is desired. The width of the planting strip may be reduced to five feet if used in conjunction with a screen fence approximately six feet tall.

Figure 4-25. Side and rear yard design treatment options.
(iii) Other treatments that meet the intent of the standards and guidelines as approved by the director. Factors that must be considered in determining the appropriate treatment include views, applicable uses, connectivity, and desired level of privacy. Some options include:
(A) Shared pathway along or adjacent to the property line with landscaping. This is a desirable configuration that can enhance pedestrian circulation and provides an efficient use of space. This treatment requires a recorded agreement with applicable adjacent property owner(s).
(B) Tall privacy fence or hedge (up to six feet tall). This is most applicable for commercial uses adjacent to multifamily uses – where the fence does not negatively impact views from the street or nearby properties.
(C) Low screen fence or hedge (up to three feet tall). This may be a more attractive option where a taller fence might provide negative visual impacts.
(D) Where allowed in the specific zoning district, buildings sited up to the property line may be acceptable provided material, color, and/or textural changes to the building wall are included that add visual interest to the wall. (Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To create a safe, convenient, and efficient network for vehicular circulation and parking.
(b) To enhance access to the area from the surrounding neighborhood.
(c) To upgrade the appearance of interior access roads.
(d) To minimize negative impacts of driveways on the streetscape and pedestrian environment.
(2) Standards and Guidelines.
(a) Vehicular Circulation Network. Developments shall provide a safe and convenient network of vehicular circulation that connects to the surrounding road/access network and provides the opportunities for future connections to adjacent parcels, where desirable and applicable.
(b) Internal Access Roads. Commercial and mixed use developments of large sites (more than five acres) are encouraged to design interior access roads to look and function more like public streets. This includes planting strips and street trees on both sides, sidewalks on one or both sides, and perpendicular parking on one or both sides. These features may be required by the director based on the nature of adjacent uses and anticipated pedestrian activity.
Figure 5-1. Internal access road designed to look and function like a public street. Note on-street parking, lighting, street trees, and sidewalks.
(Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To provide flexibility in how developments accommodate parking.
(b) To maintain active pedestrian environments along streets by placing parking lots primarily in back of buildings.
(c) To ensure safety of users of parking areas, increase convenience to businesses, and reduce the impact of parking lots wherever possible.
(d) To physically and visually integrate parking garages with other uses.
(e) To reduce the overall impact of parking garages when they are located in proximity to the designated pedestrian environment.
(2) Standards and Guidelines.
(a) The standards pertaining to the required number of auto parking spaces, bicycle parking spaces, parking lot placement, parking lot setbacks and internal parking lot pedestrian connections are stated in Chapter 22C.130 MMC, Parking and Loading.
(b) On-Street Parking Spaces. On-street parking spaces adjacent to commercial uses shall count towards off-street parking requirements.
(c) Shared Parking. Shared parking between and among uses is encouraged and shall be permitted in accordance with Chapter 22C.130 MMC. Coordination between different uses and property owners to provide for shared structured parking facilities is encouraged.
(d) Parking Lots at Intersections. Parking lots shall not be located adjacent to intersections. Exceptions may be granted by the director where alternative design treatments, such as special landscaping and architectural components adjacent to the street corner, enhance the visual character of the street and the pedestrian environment and where the project meets all other applicable design standards and guidelines.
(e) Parking Structure Standards.
(i) Parking structures adjacent to 87th Avenue shall provide space for ground-floor commercial uses along street frontages for a minimum of 75 percent of the frontage width.
(ii) Parking structures adjacent to streets and not featuring a pedestrian-oriented facade shall be set back at least 10 feet from the sidewalk and feature landscaping between the sidewalk and the structure. This shall include a combination of evergreen and deciduous trees, shrubs, and groundcover. Alternative measures shall be considered, provided the treatment meets the intent of the standards and guidelines.
(iii) Parking garage entries shall be designed and sited to complement, not subordinate, the pedestrian entry. If possible, locate the parking entry away from the primary street, to either the side or rear of the building.
(iv) Parking within the building should be enclosed or screened through any combination of landscaping berms, walls, decorative grilles, or trellis work with landscaping. Facade openings that resemble windows can be attractive and are permitted at the ground and upper levels.
(v) Parking garages visible from a street shall be designed to be complementary with adjacent buildings on site. This can be accomplished by using similar building forms, materials, fenestration patterns, and/or details to enhance garages.
(vi) An unbroken series of garage doors is not permitted on any street frontage.

Figure 5-2. A good example of a parking garage entrance for a mixed use development.

Figure 5-3. A good parking garage example with landscaping elements to screen cars and provide visual interest.
(Ord. 3366 § 68 (Exh. PPP), 2025; Ord. 3352 § 71 (Exh. PPP), 2025; Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To provide safe, convenient, and comfortable pedestrian circulation.
(b) To enhance the character and identity of the area.
(c) To promote walking, bicycling, and transit use.
(2) Standards and Guidelines.
(a) Sidewalk Design. Developments shall utilize appropriate sidewalk widths, materials, designs, and construction standards and guidelines to enhance pedestrian access and complement city life. Specifically:
(i) Sidewalks shall be constructed per the city’s engineering design and development standards (EDDS), unless otherwise directed by these design standards and guidelines.
(ii) Sidewalk widths shall follow the streetscape design standards and the city’s EDDS.
Outdoor business activities are permitted within the public right-of-way only if additional public sidewalk is provided greater than the required width. No business activities are allowed in the minimum required width. Also see Figure 6-1 for other sidewalk width considerations.
(iii) Sidewalk materials, colors, and textures shall be determined by the director, based on the following:
(A) Whiskey Ridge streetscape design plan.
(B) City’s engineering design and development standards.

Figure 6-1. Appropriate sidewalk widths.
(b) Internal Pedestrian Walkways.
(i) Internal pathways along the front facade of mixed use and retail buildings 100 feet or more in length (measured along the facade) that are not located adjacent to a street must be at least 12 feet wide with eight feet minimum unobstructed width and include the following:
(A) Street trees, as approved by the director, should be placed at an average of 30 feet on-center and placed in grates (except where trees are placed in planting strips). Breaks in the tree coverage will be allowed near major building entries to enhance visibility.
However, no less than one tree per 60 lineal feet of building facade must be provided.

Figure 6-2. Design standards for internal walkways along storefronts and a photo example.
(B) Planting strips may be used between any vehicle access or parking area and the pathway; provided, that the required trees are included and the pathway is at least eight feet in width and the combined pathway and planting strip is at least 14 feet in width.
Figure 6-3. Pathway/landscaping requirements adjacent to nonpedestrian-oriented facades.
(C) Pedestrian-scaled lighting may be used as a substitute to the required street trees subject to director approval, provided they are used at the same intervals.
(ii) For all other interior pathways, the applicant shall successfully demonstrate that the proposed walkway is of sufficient width to accommodate the anticipated number of users. See Figure 6-1 for considerations.
(iii) Pedestrian walks shall be separated from structures by at least three feet of landscaping, except where the adjacent building features a pedestrian-oriented facade. The director shall consider alternative treatments to provide attractive pathways. Examples include the use of planter boxes and/or vine plants on walls, sculptural, mosaic, bas-relief artwork, or other decorative wall treatments that meet the intent of the standards and guidelines.

Figure 6-4. A good example of wall design treatment that would qualify for a departure from subsection (2)(b)(iii) of this section.
(Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To create a network of linkages for pedestrians to improve safety and convenience and enhance the pedestrian environment.
(2) Standards and Guidelines.
(a) Pedestrian Access. All buildings shall have clear pedestrian access to the sidewalk. Where a use fronts two streets, access shall be provided from the road closest to the main entrance, preferably from both streets. Buildings with entries not facing the street should have a clear and obvious pedestrian access way from the street to the entry.
(b) Parking Lot Pathways. A paved walkway or sidewalk shall be provided for safe walking areas through parking lots greater than 175 feet long (measured either parallel or perpendicular to the street front). Walkways shall be provided for every three parking aisles or a distance of less than 175 feet shall be maintained between paths (whichever is more restrictive). Such access routes through parking areas shall be separated from vehicular parking and travel lanes by use of contrasting paving material, which may be raised above the vehicular pavement. Speed bumps may not be used to satisfy this requirement. Trees and pedestrian-scaled lighting (maximum 15 feet in height) shall be used to clearly define pedestrian walkways or other pedestrian areas within the parking area.
Figure 6-5. Parking lot pathway requirements.

Figure 6-6. Parking lot pathway example.
(Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To create attractive spaces that unify the building and street environments that are inviting, comfortable, and safe for pedestrians.
(b) To ensure visibility for pedestrians and automobiles.
(2) Standards and Guidelines.
(a) Lighting Standards and Guidelines. Provide appropriate lighting levels in all areas used by pedestrians or automobiles, including building entries, walkways, parking areas, circulation areas, and other open space areas.
New developments shall provide site lighting that meets the following design criteria through implementing measures such as:
(i) All public areas shall be lighted with average minimum and maximum levels as follows:
(A) Minimum (for low or nonpedestrian and vehicular traffic areas) of one-half foot-candles;
(B) Moderate (for moderate or high volume pedestrian areas) of one to two foot-candles; and
(C) Maximum (for high volume pedestrian areas and building entries) of four foot-candles.
(ii) Lighting shall be provided at consistent levels, with gradual transitions between maximum and minimum levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and dark areas shall be avoided.
(iii) Parking lot lighting fixtures shall be nonglare and mounted no more than 25 feet above the ground, with lower fixtures preferable so as to maintain a human scale. Requests for higher lighting fixtures may be considered with the approval of the director. All fixtures over 15 feet in height shall be fitted with a full cut-off shield.
(iv) Pedestrian-scaled lighting (light fixtures no taller than 15 feet) is encouraged in areas with high anticipated pedestrian activity. Lighting shall enable pedestrians to identify a face 45 feet away in order to promote safety.
(v) Lighting should not be permitted to trespass onto adjacent private parcels nor shall light source (luminaire) be visible at the property line. All building lights shall be directed onto the building itself and/or the ground immediately adjacent to it. The light emissions should not be visible above the roofline of the building. Light fixtures other than traditional cobra heads are encouraged. (Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To make building entrances convenient to locate and easy to access.
(b) To enhance the pedestrian environment along streets.
(2) Standards and Guidelines.
(a) Visible Entries. Primary building and business entrances shall be prominent, visible from surrounding streets or pedestrian-oriented space, and connected by a walkway to the public sidewalk. Also see MMC 22C.070.080 for related provisions.

Figure 7-1. Prominent building entrance example.
(b) Weather Protection. Weather protection at least five feet deep and proportional to the distance above ground level shall be provided over the primary entry of all businesses and nonresidential buildings. Weather protection for the primary entry of residential units shall be at least three feet deep.
(c) ADA Requirements. Pedestrian pathways from public sidewalks to primary entrances, or from parking lots to primary entrances, shall be accessible, conforming to federal and state Americans with Disabilities Act requirements, and shall be clearly delineated.
(d) 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.
(e) 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 Figures 7-2 and 7-3 for good and bad examples.

Figure 7-2. Ground floor residential units directly accessible to the street with landscaping at the entry.

Figure 7-3. A bad townhouse example with no landscaping adjacent to the entry.
(f) Secondary Public Access. Whereas these design standards and guidelines encourage businesses to front on streets rather than parking lots, a large number of customers will likely use the secondary entry off of the parking lot. Such businesses that have secondary public access shall comply with the following measures to enhance secondary public access (applies only to entries used by the public):
(i) Weather protection at least three feet deep is required over each secondary entry.
(ii) Two or more of the following design elements shall be incorporated within or adjacent to the secondary entry:
(A) A transparent window or door to allow visibility into the business;
(B) A landscaping bed, trellis, or other permanent landscaping element adjacent to the entry;
(C) Decorative architectural treatments that add visual interest to the entry;
(D) Outdoor dining area or pedestrian-oriented space;
(E) Decorative lighting; or
(F) Other design elements that meet the intent of the standards and guidelines per the director.

Figure 7-4. Front (left) and back (right) entrances of a retail building sited adjacent to a public street. While the sidewalk entrance is designed as the primary entrance, the back entry includes weather protection and use of decorative building materials to enhance this secondary entry.
(Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To promote architecture that contributes to the character and identity of the neighborhood.
(b) To reduce the scale of large buildings and add visual interest.
(c) To provide minimum floor-to-ceiling heights for ground floor commercial spaces appropriate to accommodate a full range of retail uses.
(2) Standards and Guidelines.
(a) No Franchise or Corporate Architecture. Architecture that is defined predominately by corporate identity features (and difficult to adapt to other uses) is prohibited. For example, some fast food franchises have very specific architectural features that reinforce their identity. Besides diluting the neighborhood’s identity with corporate (and, therefore, generic) identities, these buildings are undesirable because they are not adaptable to other uses when the corporate franchises leave.

Figure 7-5. Generic franchise and corporate architecture is not allowed.

Figure 7-6. Examples from other communities where a fast food franchise’s architecture was modified to fit into the context of the community.
(b) Building Facades. All facades of a building shall be given equal design consideration. Some flexibility may be given by the director for alley or other facades that are not visible from streets, parks, parking lots, or other uses.
(c) Streetfront Articulation. All nonresidential building facades fronting directly on a street must include at least two of the following articulation features at intervals no greater than 30 feet.
(i) Use of window and/or entries that reinforce the pattern of small storefront spaces.
(ii) Use of weather protection features that reinforce the pattern of small storefronts. For example, for a business that occupies three lots, use three separate awnings to break down the scale of the storefronts. Alternating colors of the awnings may be useful as well.
(iii) Change of roofline.
(iv) Change in building material or siding style.
(v) Other methods that meet the intent of the standards and guidelines.
Figure 7-7. For commercial buildings built up to the sidewalk, provide facade articulation features at no more than 30-foot intervals.
(d) Facade Articulation for All Other Nonresidential Buildings Not Covered in Subsection (2)(c) of This Section. All nonresidential building facades fronting on a street or containing a pedestrian entrance must include at least three of the following articulation features at intervals no greater than 70 feet.
(i) Use of window and/or entries that reinforce the pattern of small storefront spaces.
(ii) Vertical building modulation. The minimum depth and width of modulation shall be two and four feet, respectively (preferably tied to a change in roofline, building material or siding style).
(iii) Use of weather protection features that reinforce the pattern of small storefronts.
(iv) Change of roofline.
(v) Change in building material or siding style.
(vi) Providing lighting fixtures, trellis, tree, or other landscape feature within each interval.
(vii) Articulation of the building’s top, middle, and bottom for multistory commercial buildings. This typically includes a distinctive ground floor or lower floor design, consistent articulation of middle floors, and a distinctive roofline.
(viii) Other methods that meet the intent of the standards and guidelines.
(ix) Exception: Alternative articulation methods will be considered by the director provided such treatment meets the intent of the standards and guidelines. For example, use of high quality building materials (such as brick or stone) with attractive detailing may allow a building to meet the intent of the standards using greater articulation intervals. Also, where the articulated features are more substantial in terms of effectively breaking up the facade into smaller components, then a greater distance between architectural intervals may be acceptable.

Figure 7-8. Example of building articulation.

Figure 7-9. This building utilizes a number of methods to reduce its perceived bulk.

Figure 7-10. An example of clearly articulating a building’s top, middle, and bottom by utilizing a combination of storefront elements on the ground floor, defined window patterns and articulation treatments on upper floors, and a distinctive roofline and/or top floor.
(e) Roofline Modulation.
(i) In order to qualify as an articulation element in subsection (2)(c), (d), or (e) of this section, the roofline shall meet the following modulation requirements:
(A) For flat roofs or facades with horizontal eave, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of the wall) when combined with vertical building modulation techniques described in this subsection (2)(e). Otherwise, the minimum vertical dimension of roofline modulation is the greater of four feet or 0.2 multiplied by the wall height.
(B) Buildings with pitched roofs must include a minimum slope of 5:12 and feature modulated roofline components at the interval required per the applicable standard above.
(ii) For large-scale retail uses (with at least 50,000 square feet of floor area and facades greater than 150 feet in width), the storefront shall integrate a prominent entry feature combining substantial roofline modulation with vertical building modulation and a distinctive change in materials and/or colors. The minimum vertical dimension of roofline modulation is the greater of six feet or 0.3 multiplied by the wall height (finish grade to top of the wall). The director will consider alternative treatments provided they meet the intent of the standards and guidelines.

Figure 7-11. Roofline modulation standards.

Figure 7-12. Good examples of prominent pedestrian entries for large-scale retail uses. Note height change, vertical modulation, use of building materials, colors, and detailing to add interest and emphasis.
(f) Facade Articulation – Multifamily Residential Buildings and Residential Portions of Mixed Use Buildings. All residential buildings and residential portions of mixed use buildings shall include at least three of the following articulation features at intervals of no more than 30 feet along all facades facing a street, common open space, and common parking areas:
(i) Repeating distinctive window patterns at intervals of no more than 30 feet. See Figure 7-14 for an example.
(ii) Vertical building modulation. Minimum depth and width of modulation is two feet and four feet, respectively, if tied to a change in color or building material and/or roofline modulation as defined in subsection (2)(e) of this section. Otherwise, minimum depth of modulation is 10 feet and minimum width for each modulation is 15 feet. Balconies may not be used to meet modulation option unless they are recessed or projected from the facade at least 18 inches and integrated with the building’s architecture as determined by the director.
Figure 7-13. An example of balconies integrated with the architecture of the building.
(iii) Horizontal modulation (upper level step-backs). To qualify for this measure, the minimum horizontal modulation shall be five feet.
(iv) Articulation of the building’s top, middle, and bottom. This typically includes a distinctive ground floor or lower floor design, consistent articulation of middle floors, and a distinctive roofline. (See Figures 7-10 and 7-14.)
Figure 7-14. Note the repeating distinctive window patterns and the articulation of the buildings top, middle, and bottom.

Figure 7-15. Example of good articulation for a multifamily building.
(g) Maximum Facade Width. The maximum facade width (the facade includes the apparent width of the structure facing the street and includes required modulation) of multifamily residential buildings and residential floors of mixed use buildings is 120 feet. Buildings exceeding 120 feet in width along the street front shall be divided by a modulation of the exterior wall, so that the maximum length of a particular facade is 120 feet. Such modulation shall be at least 20 feet or deeper and extend through all residential floors.
For large-scale retail uses, prominent entry features required in subsection (2)(e)(ii) of this section may also be used to meet this requirement.
The director may consider departures from this guideline, provided the proposed treatment meets the intent of the standards and guidelines. See Figure 7-16 for a good example of an attractive treatment that meets the intent.
Figure 7-16. The prominent vertical element of this building effectively breaks up the perceived scale of the building and adds visual interest.

Figure 7-17. Requirements for facade length.
(h) Minimum Floor-to-Ceiling Height for Commercial Uses. In order to ensure the ground floor of structures has adequate height to function efficiently for retail uses, spaces intended for commercial uses shall provide a minimum 13-foot floor-to-finished-ceiling height. (Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To encourage the incorporation of design details and small-scale elements into building facades that are attractive at a pedestrian scale.
(b) To create visual interest and increased activity at public street corners.
(2) Standards and Guidelines.
(a) Details Toolbox for Commercial Buildings. All commercial buildings shall be enhanced with appropriate details. All new buildings shall employ at least one detail element from each of the three categories below. Other mixtures of detail elements will be considered provided they meet the intent. The applicant must demonstrate how the amount, type, and mix of details meet the intent of the standards and guidelines. For example, a large building with multiple storefronts will likely need more than one decorative sign, one transom window, and one decorative kick-plate to meet the intent of the standards and guidelines.
Figure 7-18. Decorative use of building materials, lighting, signage, and landscaping creates a statement at this corner location.
(i) Window and/or entry treatment:
(A) Display windows divided into a grid of multiple panes.
(B) Transom windows.
(C) Roll-up windows/doors.
(D) Other distinctive window treatment that meets the intent of the standards and guidelines.
(E) Recessed entry.
(F) Decorative door.
(G) Arcade.
(H) Landscaped trellises or other decorative element that incorporates landscaping near the building entry.
(I) Other decorative entry treatment that meets the intent of the standards and guidelines.
Figure 7-19. This building would meet the details guideline by using a decorative entry element, building materials, and lighting.
(ii) Decorative facade attachments:
(A) Decorative weather protections element such as a steel canopy, decorative cloth awning, or retractable awning.
(B) Decorative, custom hanging sign(s).
(C) Decorative building-mounted light fixtures.
(iii) Decorative facade attachments:
(A) Decorative weather protections element such as a steel canopy, decorative cloth awning, or retractable awning.
(B) Decorative, custom hanging sign(s).
(C) Decorative building-mounted light fixtures.
(iv) Decorative elements referenced above must be distinct “one-of-a-kind” elements or unusual designs that require a high level of craftsmanship as determined by the director.
(b) Details Toolbox for Multifamily Buildings. All multifamily buildings shall be enhanced with appropriate details. Each of the types of details listed below are worth one point unless otherwise noted. Multifamily building facades must achieve the equivalent of four points worth of architectural details. Chosen details must be compatible with the chosen architectural style. Detail options:
(i) Decorative porch design with distinct design and use of materials.
(ii) 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.
(iii) Landscaped trellises or other decorative element that incorporates landscaping near the building entry or entries.
(iv) 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.
(v) Brick or stonework covering more than 10 percent of the facade (two points).
Figure 7-20. This building uses brick for more than 10 percent of the facade, a decorative mix of materials and colors, decorative entries, and decorative windows to add visual interest.
(vi) Decorative building materials that add visual interest, including:
(A) Individualized patterns or continuous wood details.
(B) Decorative moldings, brackets, wave trim or lattice work.
(C) Decorative brick or stonework (may be in addition to the brick or stonework credits noted above if they are arranged in a decorative manner that add visual interest to the facade).
(D) Other materials with decorative or textural qualities as approved by the director. The applicant must submit architectural drawings and material samples for approval.
(vii) Decorative roofline design, including multiple gables and/or dormers or other design that adds distinct visual interest.
(viii) Decorative railings, grill work, or terraced landscape beds integrated along the facade of the building.
(ix) Decorative balcony design, such as distinctive railings.
(x) Other details that meet the intent of the standards and guidelines as approved by the director.

Figure 7-21. Acceptable and unacceptable window treatments.
(c) Window Design for Residential Uses. Building facades shall employ techniques to recess or project individual windows above the ground floor at least two inches from the facade or incorporate window trim at least four inches in width that features color that contrasts with the base building color. Exceptions will be considered by the director where buildings employ other distinctive window or facade treatment that adds visual interest to the building.
(d) Blank Wall Standards/Treatments. Blank walls visible from a public street, sidewalks, trails, interior pathways, or customer parking lots are prohibited. A wall (including building facades and other exterior building walls, retaining walls, and fences) is defined as a blank wall if:
(i) A ground floor wall or portion of a ground floor wall over four feet in height has a horizontal length greater than 15 feet and does not include a transparent window or door; or
(ii) Any portion of a ground floor wall having a surface area of 400 square feet or greater does not include a transparent window or door.
Figure 7-22. Blank wall treatments.
(iii) Design treatments to eliminate blank walls can include:
(A) Transparent windows or doors.
(B) Display windows.
(C) Landscape planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the wall. Such planting areas shall include planting materials that are sufficient to obscure or screen at least 60 percent of the wall’s surface within three years.
(D) Installing a vertical trellis in front of the wall with climbing vines or plant materials sufficient to obscure or screen at least 60 percent of the wall’s surface within three years. For large areas, trellises should be used in conjunction with other blank wall treatments.
(E) Other methods such as murals or special building material treatments that meet the intent of the standards and guidelines as approved by the director.
Figure 7-23. Blank wall treatment example.
(Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To encourage high-quality building materials that enhance the character of the area.
(b) To discourage poor materials with high lifecycle costs.
(c) To encourage the use of materials that reduce the visual bulk of large buildings.
(d) To encourage the use of materials that add visual interest to the neighborhood.
(2) Standards and Guidelines.
(a) Quality Building Materials. Building exteriors should be constructed from high quality, durable materials. Building materials such as concrete, masonry, tile, stone, and wood are encouraged.

Figure 7-24. An example of concrete block effectively used with EIFS and metal awnings.
(b) Prohibited Materials. 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:
(i) Plywood siding (including T-111 or similar plywood). Board and batten is an exception.
(ii) Highly tinted or mirrored glass (except stained glass) as more than 10 percent of the building facade.
(iii) Corrugated fiberglass.
(iv) Chain link fencing (except for temporary purposes such as a construction site or as a gate for a refuse enclosure).
(v) Crushed colored rock/crushed tumbled glass.
(vi) Noncorrugated and highly reflective sheet metal.
(c) Special Standards and Guidelines for Concrete Blocks. Concrete masonry units (CMU) or cinder blocks, when used for walls that are visible from a street, public park or open space, or pedestrian route, shall be architecturally treated in one or more of the following ways:
(i) Use in conjunction with other permitted exterior materials.
(ii) Use a combination of textured surfaces such as split face or grooved to create distinct banding or other design.
(iii) Use of other masonry types such as brick, glass block, or tile in conjunction with the concrete or concrete blocks.
(iv) Use of decorative coursing to break up blank wall areas.
(v) Use matching colored mortar where color is an element of architectural treatment for any of the options above.
(d) Special Standards and Guidelines for Metal Siding. When used for walls that are visible from a street, public park or open space, or pedestrian route, buildings shall have visible corner moldings and trim and incorporate masonry, stone, or other durable permanent material within two feet of the ground level. Facades wider than 40 feet that employ metal siding shall incorporate multiple colors and/or be incorporated with other siding materials.
Figure 7-25. This building features metal siding with visible corner trim and concrete block closer to the ground level.
(e) Special Standards for Exterior Insulation and Finish System (EIFS) and Other, Similar Troweled Finishes. Such finishes must be trimmed in wood or masonry and should be sheltered from extreme weather by roof overhangs or other methods and are limited to no more than 30 percent of the facade area. Weather-exposed horizontal surfaces must be avoided. Masonry, stone, or other durable permanent material is required for the first two feet above ground level.
(f) Storefront Color Palette. A storefront’s palette should be no more than three colors; one base color, one trim color, and one accent color. Encourage trim and accent colors that contrast with the base color. Specifically, darker base colors with white trim work particularly well. However, lighter base colors can effectively be combined with dark trim colors. (Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To enhance the character of the neighborhood.
(b) To screen visual impacts of parking lots from streets.
(c) To encourage the use of attractive and drought-tolerant plant materials native to the coastal regions of the Pacific Northwest.
(d) To encourage attractive landscaping that reinforces the architectural and site planning concepts in response to site conditions and contexts.
(e) To promote tree retention and the protection of existing native vegetation.
(2) Standards and Guidelines.
(a) Parking Lots Located Adjacent to Public Streets and Major Internal Roadways. These lots shall be partially screened with landscaping planting strips (per subsection (2)(d) of this section) at the following widths:
(i) Thirty feet for community business-zoned properties along arterials.
(ii) Twenty feet for all other parking lot associated with nonresidential uses.
(iii) Ten feet for residential properties.
(iv) The director may approve and condition reduced planter widths provided the design meets the intent of the standards and guidelines. For example, reduced widths may be allowed provided the landscaped area is supplemented with architectural features that help to define the street edge and maintain visual continuity along the street. Examples could include a decorative low wall made of stone or masonry that is used in conjunction with landscaping, and/or use of a landscaped trellis or architectural columns. For each method, it is important to maintain visibility at eye level (between three and eight feet above the ground) between the street into the parking lot for safety.

Figures 8-1 and 8-2. Landscape design and materials add color and identity to these developments.
(b) Internal Parking Lot Landscaping. Internal parking lot landscaping shall comply with MMC 22C.120.130.
(c) Foundation Planting. All street-facing elevations must have landscaping along any exposed foundation. The foundation landscaping must meet the following standards:
(i) The landscaped area must be at least three feet wide.
(ii) There must be at least one three-gallon shrub for every three lineal feet of foundation.
(iii) Ground cover plants must fully cover the remainder of the landscaped area.
(d) Arrangement of Plants. Projects are encouraged to use informal arrangement of plants installed in a variety of treatments that will enhance building designs, screen unwanted views, and enhance views and vistas. A formal arrangement may be acceptable if it has enough variety in layout and plants. Contiguous, long, unbroken, straight rows of a single plant should be avoided where possible.

Figure 8-3. Exposed foundations like this should be landscaped with shrubs and other plantings for screening.
(Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To minimize the negative visual impacts of fences on the street and pedestrian environment.
(b) To screen the potential negative impacts of service and storage elements (e.g., waste receptacles, loading docks).
(c) To encourage thoughtful siting of service and storage elements that balance the functional needs with the desire to screen its negative impacts.
(2) Standard and Guidelines.
(a) Maximum Wall Height Along Public Streets or Sidewalks.
(i) The maximum height of solid (more than 50 percent opaque) freestanding walls, fences, or hedges in any front yard or other location between the street and the facade shall be three and one-half feet unless a taller wall is required, per the director, to mitigate significant noise and traffic impacts.
(ii) The maximum height of any decorative wall or fence which allows visibility (no more than 50 percent opaque), such as a wrought iron or split rail fences, shall be six feet. Such fences shall be set back from the sidewalk at least three feet to allow for landscaping elements to soften the view of the fence.
(iii) In development configurations where side yards abut a street, fences taller than three and one-half feet shall be set back at least five feet from the sidewalk to allow for landscaping to soften the view of the fence. Provisions for long term maintenance of this landscaping shall be addressed on the plat.
Figure 8-4. Trash receptacle screening example.
(b) Prohibited Fence Materials. Barbed wire, razor wire, electric and other dangerous fences are prohibited.
(c) Prohibited Development/Fence Configurations. Developments shall avoid configurations that have uses that back up against a street. Where unavoidable, fences between a street and any use shall be limited to three and one-half feet in height. Developments adjacent to SR 9 are exempt from this requirement.
(d) Service Element Location and Design. All developments shall provide a designated spot for service elements (refuse and disposal). Such elements shall meet the following requirements:
(i) Service elements shall be located to minimize the negative visual, noise, odor, and physical impacts to the street environment, adjacent (on and off-site) residents or other uses, and pedestrian areas.
(ii) The designated spot for service elements shall be paved with concrete.
(iii) Appropriate enclosure of the common trash and recycling elements shall be required, as determined by the director. Requirements and considerations:
(A) A six-foot fence constructed of concrete block or brick enclosing trash and recycling receptacles is required. Coordination with the current franchise hauler is required. The sides and rear of the enclosure must be screened with Type L1, L2, L3, or L4 landscaping (as defined in MMC 22C.120.110) at least five feet deep in visible locations as determined by the director to soften the views of the screening element and add visual interest.
(B) Proximity to adjacent residential units will be a key factor in determining appropriate service element treatment.
(C) Preferably, service enclosures are integrated into the building itself.
Figure 8-5. Locate service elements to minimize impacts on the pedestrian environment.
(e) Utility Meters, Electrical Conduit, and Other Service Utility Apparatus. These elements shall be located and/or designed to minimize their visibility to the public. If such elements are mounted in a location visible from the street, pedestrian pathway, common open space, or shared auto courtyards, they shall be screened with vegetation or by architectural features.

Figure 8-6. Exposed utility meters like this will not be allowed.

Figure 8-7. Landscaping helps to minimize the negative visual impacts of utility meters.
(f) Rooftop Mechanical Equipment. All rooftop mechanical equipment shall be organized, proportioned, detailed, screened, landscaped (with decks or terraces) and/or colored to be an integral element of the building and minimize visual impacts from the ground level of adjacent streets and properties. For example, screening features should utilize similar building materials and forms to blend with the architectural character of the building. (Ord. 3230 § 2 (Exh. A), 2022).
The purpose of this chapter is to help implement the vision for downtown Marysville as provided in the adopted Marysville downtown master plan. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) New Construction. This chapter will be used to evaluate development projects or improvement plans proposed for properties within the Marysville downtown boundaries, including the zoning classifications listed in MMC 22C.080.105 and mapped in Figure 22C.080.110.
(2) Additions and Improvements. Three different thresholds have been established to determine how the regulations herein are applied to such projects.
(a) Level I improvements include all exterior remodels, building additions, and/or site improvements that affect the exterior appearance of the building/site, and/or cumulatively increase the gross floor area on a site less than 50 percent within three years of the date of permit issuance. The requirement for such improvements is only that the proposed improvements meet the regulations and do not lead to further nonconformance with the regulations.
For example, if a property owner decides to replace a building facade’s siding, then the siding shall meet the applicable exterior building material regulations, but elements such as building articulation would not be required.
(b) Level II improvements include all improvements that cumulatively increase the gross floor area on a site by 50 to 100 percent, within three years of the date of permit issuance. All regulations that do not involve repositioning the building or reconfiguring site development shall apply to Level II improvements.
For example, if a property owner of an existing business in the DC zone wants to build an addition equaling 75 percent of the current building’s footprint, then the following elements shall apply:
(i) The location and design of the addition/remodel shall be consistent with the block frontage design regulations (see Article IV of this chapter, which addresses building frontages, entries, parking lot location, and street setback landscaping). For such developments seeking additions to buildings where off-street parking location currently does not comply with applicable parking location regulations, building additions are allowed provided they do not increase any current nonconformity and generally bring the project closer into conformance with the regulations.
(ii) Comply with applicable through-block connection, trail, and off-street parking regulations (see Article III of this chapter) that are associated with the addition. The through-block connection provisions would apply where such addition is located in the immediate area of such features shown in Figure 22C.080.220.A.
(iii) Comply with applicable block frontage regulations (see Article IV of this chapter) that are associated with the addition. The block frontage provisions would apply when such an addition is located adjacent to a particular designated block frontage shown in Figure 22C.080.305.
(iv) Comply with the site planning design regulations (see Article V of this chapter) associated with proposed site and building improvements.
(v) Comply with the applicable building design regulations (see Article VI of this chapter), except architectural scale and materials provisions related to the existing portion of the building where no exterior changes are proposed.
(c) Level III improvements include all improvements that cumulatively increase the gross floor area on a site by more than 100 percent within three years of the date of permit issuance. Such developments shall conform to all applicable regulations, except in a case where there are multiple buildings on one site, and only one building is being enlarged. In that scenario, improvements to the additional buildings are not required, but conformance with all other regulations apply. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
Most sections within this chapter include the following elements:
(1) Purpose statements, which are overarching objectives.
(2) Requirements use words such as “shall” and “is/are required,” signifying required actions.
(3) Guidelines use words such as “should” or “is/are recommended,” signifying desired, but voluntary, measures.
(4) Departures are provided for specific regulations. They allow alternative designs provided the director determines the design meets the purpose of the requirements and guidelines and other applicable criteria. See MMC 22C.080.030 for related procedures associated with departures.
(5) This chapter contains some specific regulations that are easily quantifiable, while others provide a level of discretion in how they are complied with. In the latter case, the applicant shall demonstrate to the director, in writing, how the project meets the purpose of the standard or regulations. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Overview and Purpose. This chapter provides for a number of specific departure opportunities to development regulations. The purpose is to provide applicants with the option of proposing alternative design treatments provided such departures meet the “purpose/intent” of the particular regulation and any additional departure criteria established for the particular departure opportunity.
(2) Applicability. Departure opportunities are available only where noted for specific regulations, including those standards that precede the “➲” symbol or capital letter “DEPARTURE” reference.
(3) Procedures. Permit applications that include departure requests go through the standard review procedures in this chapter for the application type.
(4) Approval Criteria. Project applicants shall successfully demonstrate to the director how the proposed departure meets the purpose(s) of the regulation and other applicable departure criteria that applies to the specific regulation.
(5) Documentation. The director shall document the reasons for approving all departures (to be maintained with project application records) to ensure consistency in decision-making by the city. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
Where provisions of this chapter conflict with provisions in any other section of the Marysville Municipal Code (MMC), this chapter prevails unless otherwise noted. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
The purpose of Article II is to:
(1) Implement the Marysville downtown master plan goals and policies through land use regulations.
(2) Provide an efficient and compatible relationship of land uses and zones. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
The downtown Marysville subarea regulations in this chapter comprise zoning classifications and regulations which are unique to the subarea, except where other regulations in this title are adopted by reference.
(1) Downtown Core (DC). The downtown core zone encourages high density residential mixed use and office mixed use. Other commercial uses and multifamily residential are allowed. No active ground floor required except on designated streets.
(2) Main Street (MS). The Main Street zone protects and enhances the character of Marysville’s historic retail core. This zone encourages high-activity uses like restaurants, entertainment, and shops, and residential above the ground floor. New buildings should feature an active ground floor use. Parking is not required for some uses in small commercial buildings.
(3) Flex (F). This zone encourages a mix of uses, including artisan, workshops, small light industrial/manufacturing (indoors), commercial, and residential above a ground-floor commercial use.
(4) Flex Residential (FR). This zone encourages a mix of uses including artisan, workshops, small light industrial/manufacturing (indoors), commercial, and allows “missing middle” housing and low-rise apartments.
(5) Midrise Multifamily (MMF). This zone encourages dense multifamily housing. Small commercial uses are allowed for properties abutting Third and Fourth Streets, but are limited to a ground floor element of a mixed use building for other properties within this zone.
(6) Middle Housing 1 (MH1). This zone encourages small infill housing, especially “missing middle” housing. The zone protects the fine-grained, residential character of historic neighborhoods.
(7) Middle Housing 2 (MH2). This zone encourages infill housing, especially “missing middle” housing and low-rise apartments. Commercial is not allowed except as a ground floor element of a mixed use building located along an arterial street, and is limited to uses that serve the immediate needs of the neighborhood. (Ord. 3331 § 12 (Exh. L), 2024; Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
Figure 22C.080.110 illustrates the location and boundaries of downtown’s zones for reference.
Figure 22C.080.110
Click for high-resolution PDF
(Ord. 3331 § 13 (Exh. M), 2024; Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Interpretation of Permitted Use Table. The permitted use table in this section determines whether a use is allowed in a zone. The name of the zone is located on the vertical column and the use is located on the horizontal row of these tables.
(a) Permitted Use (P). If the letter “P” appears in the box at the intersection of the column and the row, the use is permitted in the zone. These uses are allowed if they comply with the development standards and other standards of this chapter.
(b) Conditional Use (C). If the letter “C” appears in the box at the intersection of the column and the row, the use is allowed subject to the conditional use review process and approval criteria as stated in Chapter 22G.010 MMC, conditional use approval criteria for that use, the development standards and other standards of this chapter.
(c) Use Not Permitted ( ). Where no symbol appears in the box at the intersection of the column and the row, the use is not permitted in that zone, except for certain temporary uses.
(d) For uses containing a superscript letter (X), refer to the applicable condition in the “Additional Provisions” column to the right.
(e) Additional Provisions. The references, notes, and/or standards in the “Additional Provisions” column apply to all such permitted uses, except for those that apply to particular zones as noted in subsection (1)(d) of this section.
(f) For uses containing a superscript letter (Y) or (Z), refer to the “Notes” that are at the top of the “Nonresidential Uses” section.
(g) Unclassified Uses. See MMC 22A.010.070.
(2) Permitted Use Table. Table 22C.080.120 provides the list of permitted uses in downtown Marysville zones.
(Ord. 3366 § 69 (Exh. QQQ), 2025; Ord. 3352 § 72 (Exh. QQQ), 2025; Ord. 3331 § 14 (Exh. N), 2024; Ord. 3295 § 10 (Exh. J), 2023; Ord. 3205 § 7, 2022; Ord. 3196 § 3 (Exh. A), 2021; Ord. 3191 § 6 (Exh. B), 2021).
(1) Opiate substitution treatment program facilities permitted within commercial zones are subject to Chapter 22G.070 MMC, Siting Process for Essential Public Facilities.
(2) 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. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021. Formerly 22C.080.150).
(1) Purpose. To promote forms of development that reinforce and/or enhance the desired character of the downtown Marysville zones.
(2) Dimensional Regulations Table. The table below addresses the form and intensity of development specific to individual downtown Marysville zones. The zone is located on the vertical columns and the form/intensity measure being addressed is located on the horizontal rows.
(Ord. 3331 § 15 (Exh. O), 2024; Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose.
(a) To promote the functional and visual compatibility between developments, particularly between zones of different intensity.
(b) To protect the privacy of residents on adjacent properties.
(2) Side and Rear Setback Standards. Table 22C.080.150(2) sets forth a range of minimum side and rear yard setbacks in all subarea zones between zero and 15 feet. The provisions in the table below clarify specific setback requirements:
(3) Special Setback/Building Height Standards for Sites Abutting Residential Zones. For sites directly abutting or across an alley from a residential zoning district with a height limit that is at least 20 feet less than the subject zone, the following standards apply:
(a) Setbacks. A minimum 15-foot building setback is required in applicable residential zones. Where the zone edge occurs on an alley right-of-way, no setback is required.
(b) Building Height Restrictions. From the required setback, the maximum allowable building height increases at a 45-degree angle inward from the maximum height limit of the adjacent residential zone up to the maximum height of the applicable zone.
Figure 22C.080.150(2)
Illustrating minimum side and rear yard setbacks to an abutting residential zoning district
(4) Light and Air Access and Privacy Near Interior Side and Rear Property Lines. Buildings or portions thereof containing multifamily dwelling units whose only solar access (windows) is from the applicable side or rear of the building (facing towards the side or rear property line) shall be set back from the applicable side or rear property lines at least 15 feet. See Figure 22C.080.150(3). For building elevations taller than four stories, floors above the fourth floor shall be set back at least 20 feet from the applicable side or rear property lines. Note: These standards do not apply to side or rear property lines where adjacent to a street, access corridor, or easement where no building may be developed.
DEPARTURES will be allowed where it is determined that the proposed design will not create a compatibility problem in the near and long term based on the unique site context.
Figure 22C.080.150(3)
Light/air access and privacy standards for multifamily residential buildings along side and rear property lines.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021. Formerly 22C.080.410).
The purpose of Article III is to:
(1) Expand and enhance downtown Marysville’s circulation network and streetscape design that support the envisioned pedestrian-friendly mixed use development within the subarea.
(2) Emphasize a “complete streets” approach to street improvements within downtown Marysville. This involves designing and operating streets to enable safe and convenient access and travel for all users including pedestrians, bicyclists, transit riders, and people of all ages and abilities, as well as freight and motor vehicle drivers, and to foster a sense of place in the public realm with attractive design amenities.
(3) Clarify the nature, extent, and location of required street and circulation improvements. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
Downtown Marysville streetscape classifications and regulations are set forth in Chapter 3 of the Engineering Design and Development Standards. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
Figure 22C.080.220(1) illustrates the configuration of several “through-block connections” intended to enhance pedestrian circulation in the area, while also providing an option for vehicular access to on-site parking, functioning as a design amenity to new development, and breaking up the massing of buildings on long blocks. Specific regulations:
(1) Required Connections and Public Access Easement. If an applicant owns a lot containing a proposed through-block connection, within it or along the edge of the property, the applicant shall provide such through-block connections in conjunction with their project development as a public right-of-way, or public access easement, as approved by the city engineer. Exception: For uses that require large building footprints, restricted security access, or other unique requirements for restricting access, the director may approve alternatives to designated through-block connections provided the proposed design maximizes pedestrian and vehicular connectivity on and/or around the site and the designs maximize opportunities for connectivity and contribution to a network.
Figure 22C.080.220(1)
Downtown Marysville planned through-block connections.
(2) Alignment. Specific alignments for the through-block connections will be developed during the development review process for applicable sites.
(3) Accessibility. Through-block connections shall be accessible to the public at all times and may take a variety of forms, depending on the block size and use mix, as specified in subsection (6) of this section.
(4) Design Departures. Adjustments to the through-block connection regulations in subsection (6) of this section may be approved by the city as a departure, pursuant to MMC 22C.080.030, provided the design:
(a) Creates a safe and welcoming pedestrian route.
(b) Provides an effective transition between the shared lane or path and adjacent uses (e.g., enhances privacy to any adjacent ground-level residential units).
(c) Functions as a design amenity to the development.
(5) Cantilever Design. Buildings may project or cantilever into minimum required easement areas on building levels above the connection provided a 13-foot, six-inch vertical clearance is maintained or as otherwise required for emergency access.
(6) Through-Block Connection Types. Unless otherwise noted in Figure 22C.080.305, required through-block connections may take any of the following forms. A combination of designs set forth above may be used for each connection.
(a) Street. Functions like a public street and features traditional curb and gutters.
(i) Applicability. The “street” design is required for the Columbia Avenue through-block connection and may be applied to any through-block connection within the subarea, as determined by the city engineer.
(ii) Roadway improvements, channelization, site access and lighting plans shall be required to be reviewed and approved by the city engineer.
(b) Woonerf Design. A “woonerf” is a shared lane where both vehicles and pedestrians share the space.
(i) Applicability. The “woonerf” or shared lane may apply to any through-block connection within the subarea.
(ii) Forty-foot minimum public access easement.
(iii) Twenty-foot-wide two-way shared travel lane featuring concrete, unit paving, or other similar decorative and durable surface material. Asphalt is prohibited.
(iv) Ten-foot minimum landscaping strips with L3 landscaping per MMC 22C.120.110 on each side of the shared lane. Curbs and/or raised planter walls may be included in the required landscaping area.
(v) Where such through-block connection is integrated along the edge of a development, a minimum easement of 20 feet is required for the shared travel lane.
(vi) Woonerf design connections are subject to block frontage regulations in MMC 22C.080.355.
Figure 22C.080.220(6)(b)(i) illustrates the cross-section for minimum regulations for the woonerf design.
Figure 22C.080.220(6)(b)(ii) illustrates regulations for scenarios where a through-block connection is located on the edge of a site, where its development likely will be phased in as the adjacent properties redevelop.
(c) Landscaped Passageway Design.
(i) Applicability. Optional design when vehicular access to the site is provided elsewhere on the site.
(ii) Thirty-foot-minimum public access easement.
(iii) Eight- to 16-foot walking path. Eight to 10-foot paths are appropriate in a residential context, whereas the wider path is more desirable where active ground level uses with outdoor seating/dining areas.
(iv) Seven- to 11-foot minimum landscaping strips (with L3 landscaping per MMC 22C.120.110) on each side of the walking path. Raised planter walls may be included in the required landscaping area.
(v) Where such through-block connection is integrated along the edge of a development, a minimum easement of 15 feet is required for the subject walking path and landscaping. Adjustments to the walking path and landscaping widths and configurations are allowed provided the design effectively balances the following objectives:
(A) Creates a safe and welcoming pedestrian route.
(B) Provides an effective transition between the walking path and adjacent uses (e.g., enhances privacy to any adjacent ground-level residential units).
(C) Functions as a design amenity to the development.
(vi) Landscaped passageway design connections are subject to block frontage regulations in MMC 22C.080.355.
Figure 22C.080.220(6)(c)
Cross-section of minimum regulations and examples of a pedestrian access corridor.

(d) Urban Passage Design.
(i) Applicability. Optional design when vehicular access to the site is provided elsewhere on the site and active ground-level uses are provided along frontages.
(ii) Sixteen-foot minimum public access easement.
(iii) Urban passage design connections are subject to block frontage regulations in MMC 22C.080.360.
Figure 22C.080.220(6)(d)
Urban passage examples.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
The provisions herein supplement the off-street parking provisions in Chapter 22C.130 MMC, Parking and Loading. Where there is a conflict, the provisions herein apply.
(1) Tandem Parking. Tandem parking is allowed for individual dwelling units, and may be used to meet minimum parking standards.
(2) Minimum Number of Parking Spaces Required. The minimum number of parking spaces for all zones and use categories is stated in Table 22C.080.230.
(a) The number of parking spaces is computed based on the uses on the site. When there is more than one use on a site, the required parking for the site is the sum of the required parking for the individual uses. If the parking calculation used to determine parking requirements results in a fraction greater than or equal to one-half, parking shall be provided equal to the next highest whole number.
(b) Special cases are indicated by the term “director decision,” in which case parking requirements shall be established by the director. For determination by the director, the applicant shall supply one of the following:
(i) Documentation regarding actual parking demand for the proposed use.
(ii) Technical studies prepared by a qualified professional relating to the parking need for the proposed use.
(iii) Documentation of parking requirements for the proposed use from other comparable jurisdictions.
(iv) For unclassified uses, refer to MMC 22C.130.030(2)(i).
(c) Parking may be waived by the director for expansion of existing commercial uses requiring less than 10 spaces.
(d) For commercial uses requiring more than 10 spaces, the director may approve a 50 percent parking reduction if the applicant can demonstrate that adequate on-street parking facilities exist within 400 feet of the proposed use. In approving a parking reduction, the director may require improvement of existing, or dedicated, right-of-way to meet the intent of the downtown master plan by providing improved parking, walkways and access.
(e) Some developments within one-quarter mile of frequent transit may be eligible for a parking minimum exception or reduction per House Bill 1923, modified by House Bill 2343.
(Ord. 3366 § 70 (Exh. RRR), 2025; Ord. 3352 § 73 (Exh. RRR), 2025; Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
The purpose of Article IV is:
(1) To achieve the envisioned character of downtown Marysville as set forth in the goals and policies of the Marysville downtown master plan.
(2) To enhance pedestrian environments by emphasizing activated ground-level block frontage designs for commercial, mixed use, and multifamily developments.
(3) To minimize potential negative impacts of off-street parking facilities on the streetscape in strategic areas.
(4) To promote good visibility between buildings and the street for security for pedestrians and to create a more welcoming and interesting streetscape.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Application of Map and Block Frontage Standards. New development fronting on all streets in downtown Marysville is subject to applicable standards in this article based on the block frontage designation of the street.
(2) Sites with proposed new active ground floor or pedestrian friendly block frontage designations: New development shall integrate no less than 75 percent of the length of applicable active ground floor and/or pedestrian friendly block frontages illustrated in Figure 22C.080.305. The alignment of active ground floor and pedestrian-friendly block frontages may be adjusted during the development review process provided the configuration meets the goals and policies of the Marysville downtown master plan. For example, if a site includes approximately 100 lineal feet of an active ground floor designated block frontage and 200 lineal feet of pedestrian-friendly block frontage, the new development shall integrate at least 75 lineal feet of active ground floor block frontage compliant development and at least 150 lineal feet of pedestrian-friendly block frontage compliant development. Developments may exceed the amount of active ground floor and pedestrian-friendly block frontages illustrated in Figure 22C.080.305.
Figure 22C.080.305
Downtown Marysville block frontage designations map.
Click for high-resolution PDF
Click for high-resolution PDF
(Ord. 3331 § 16 (Exh. P), 2024; Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
Some block frontage designations contain distinct minimum facade transparency standards. The purpose of these standards is to maintain “eyes on the street” for safety and create welcoming pedestrian environments. Table 22C.080.310 includes details on how they are measured.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose. Active ground floor block frontages are the most vibrant and active shopping and dining areas within the subarea. Blocks designated as active ground floor block frontages (as shown in Figure 22C.080.305) include continuous storefronts placed along the sidewalk edge with small-scale shops and many business entries.
Figure 22C.080.320(1)
Active ground floor block frontage vision and key standards.
(2) Standards. All development on sites with an active ground floor block frontage designation shall comply with the standards in Table 22C.080.320(2):
(3) DEPARTURE Criteria. Departures from the standards in Table 22C.080.320 that feature the ➲ symbol will be considered per MMC 22C.080.030 provided the alternative proposal meets the purpose of the standards and the following criteria:
(a) Retail Space Depth. Reduced depths of up to 25 percent of the applicable block frontage will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted retail uses.
(b) Facade Transparency. The minimum percentage of facade transparency may be reduced by up to 40 percent if the facade design provides visual interest to the pedestrian and mitigates the impacts of blank walls.
(c) Weather Protection. The reduced extent (to no less than 50 percent of block frontages) or width of weather protection features (to no less than four feet in width) will be considered provided the designs are proportional to architectural features of the building and building design trade-offs (elements that clearly go beyond minimum building design standards in this chapter) meet the purpose of the standards. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose. Landscaped block frontages (as shown in Figure 22C.080.305) emphasize landscaped street setbacks, clear pedestrian connections between the building and the sidewalk, and minimized surface parking lots along the frontages.
Figure 22C.080.330(1)
Landscaped frontage vision.
(2) Standards. All development on sites containing a landscaped block frontage designation shall comply with the standards in Table 22C.080.330(2). The standards herein also apply to all multifamily and nonresidential development in downtown residential zones:
(3) DEPARTURE Criteria. Departures to the pedestrian-friendly block frontage standards in Table 22C.080.330(2) that feature the ➲ symbol will be considered per MMC 22C.080.030 provided the alternative proposal meets the purpose of the standards and the following criteria:
(a) Building Placement. Reduced setbacks (down to a minimum of eight feet) will be considered where the ground floor is elevated a minimum average of 30 inches (required when the ground floor setback is less than 10 feet) and design treatments that create an effective transition between the public and private realm are incorporated. For example, a stoop design or other similar treatments that utilize a low fence or retaining wall, and/or hedge along the sidewalk may provide an effective transition (see Figure 22C.080.330(3) for examples).
(b) Facade Transparency. The minimum percentage of facade transparency may be reduced by up to 50 percent if the facade design provides visual interest to the pedestrian and mitigates the impacts of blank walls.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose. Pedestrian-friendly block frontages (as shown in Figure 22C.080.305) allow flexibility to integrate either a storefront or a landscaped frontage in a pedestrian-friendly configuration.
Figure 22C.080.340(1)
Pedestrian-friendly frontage vision.
(2) Standards. Developments or portions thereof choosing to integrate a storefront design shall conform to active ground floor block frontage standards set forth in MMC 22C.080.320. Other frontage designs shall meet the landscaped block frontage standards set forth in MMC 22C.080.330, with only the following modifications in Table 22C.080.340(2):
(3) DEPARTURE Criteria. Departures to the pedestrian-friendly block frontage standards in Table 22C.080.340(2) that feature the ➲ symbol will be considered per MMC 22C.080.030 provided the alternative proposal meets the purpose of the standards and the following criteria:
(a) Building Placement. Reduced setbacks (down to a minimum of eight feet) will be considered where the ground floor is elevated a minimum average of 30 inches (required when the ground floor setback is less than 10 feet) and design treatments that create an effective transition between the public and private realm. For example, a stoop design or other similar treatments that utilize a low fence or retaining wall, and/or hedge along the sidewalk may provide an effective transition (see Figure 22C.080.340(3) for examples).
(b) Facade Transparency. The minimum percentage of facade transparency may be reduced by up to 50 percent if the facade design provides visual interest to the pedestrian and mitigates the impacts of blank walls..
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose. Undesignated block frontages (as shown in Figure 22C.080.305) should provide visual interest at all observable scales and meet the design objectives for the subarea.
(2) Applicability. All undesignated block frontages are subject to the standards of this section. These block frontages are provided greater flexibility with regard to the design of development frontages.
These block frontages include a combination of side streets (where most uses often front on other adjacent streets) or other streets where greater flexibility in the frontage standards is desired. While there is greater flexibility in the amount of transparency of facades, and the location of surface and structured parking, design parameters are included to ensure that landscaping and other design elements help to mitigate the potential impacts of parking lots and blank walls along these streets.
DEPARTURES will be considered pursuant to MMC 22C.080.030.
(3) Standards. Undesignated block frontages shall comply with the standards in Table 22C.080.350(3).
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Applicability. These standards apply to those block frontages along through-block connections designed with woonerf and landscaped passageway designs as set forth in MMC 22C.080.220. Exception: Those through-block connections with other applied block frontage designations.
(2) Purpose. Woonerf and landscaped passageway frontage standards provide eyes-on-the-pathway to create a safe and welcoming through-block connection while preserving the privacy of any adjacent ground-level residential units.
(3) Standards.
(a) Building elevations facing a woonerf or landscaped passageway through-block connection shall feature at least 10 percent window transparency. ➲
(b) Where ground-level residential uses are within five feet of a shared lane or pathway, at least one of the following design features shall be integrated to enhance the safety and privacy of adjacent residential units:
(i) Windows shall be placed at least six vertical feet above the access corridor.
(ii) A combination of landscaping, planter walls, and/or elevated ground floor (at least one foot above access corridor grade) that meets the purpose of the standards.
(c) Where nonresidential ground-level uses abut an access corridor, at least 25 percent of the applicable building elevation between four and eight feet above the ground-floor surface elevation shall be transparent. ➲
(d) Weather protection at least three feet deep shall be provided over individual residential and commercial tenant entries and at least five feet deep for shared residential and professional office entries facing the subject through-block connection. Exception: For residential uses, weather protection is required only for the unit’s primary entrance.
Figure 22C.080.355
Woonerf and landscaped passageway frontage design examples.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Applicability. These standards apply to those block frontages along through-block connections designed with urban passage designs.
(2) Purpose. To promote the development of pedestrian-friendly passages lined with active uses.
(3) Standards.
(a) Dwelling units and surface/ground-level parking directly adjacent to an urban passage are prohibited (lobbies and common/amenity areas, however, are allowed).
(b) Ground-level building elevations facing an urban passage through-block connection shall feature at least 40 percent window transparency (applied to storefront transparency area per MMC 22C.080.310). ➲
(c) Weather protection at least three feet deep shall be provided over individual commercial tenant entries and at least five feet deep for shared residential and professional office entries facing the subject through-block connection. Recessed entries are encouraged.
Figure 22C.080.360
Urban passage frontage examples.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
Where a property fronts onto more than one street, each building frontage shall comply with the standards for the block frontage upon which it fronts, with the following clarifications:
(1) Where a conflict exists between frontage standards, the director will apply the standards of a block frontage pursuant to the following order of preference:
(a) Active ground floor;
(b) Pedestrian-friendly;
(c) Landscaped; then
(d) Undesignated.
Subsections (2) and (3) of this section clarify how the order of preference works for particular frontage elements.
(2) Entrances. For corner sites, entrances on both streets are encouraged, but only one entrance is required. For corner sites with frontage on a primary block frontage on one side, an entrance shall be placed on the primary block frontage side or facing the corner. For corner sites with a mix of designations that do not include a primary block frontage, the entry shall be placed in the order of preference identified in subsection (1) of this section.
DEPARTURES may be considered provided the location and design of the entry and block frontage treatments are compatible with the character of the area and enhance the character of the street.
(3) Transparency. For corner sites, at least one block frontage shall meet the applicable transparency standards (based on the order of preference above). For the second block frontage, the director may approve a reduction in the minimum amount of transparency by 50 percent. For street corners with the same designations on both frontages, buildings shall employ the full transparency on the dominant frontage (based on the frontage width or established neighborhood pattern). (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Description/Purpose. The high-visibility street corner requirements apply to those sites designated as such in Figure 22C.080.305. The purpose is to accentuate designated street corners with high visibility to the public.
(2) Standards. At least one of the following special features shall be included (Figure 22C.080.380(2) illustrates acceptable examples):
(a) Corner plaza.
(b) Cropped building corner with a special entry feature.
(c) Decorative use of building materials at the corner.
(d) Distinctive facade massing or articulation.
(e) Sculptural architectural element.
(f) Other decorative elements that meet the purpose of the standards.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
The purpose of Article V is to:
(1) Promote thoughtful layout of buildings, parking areas, and circulation, service, landscaping, and amenity elements.
(2) Enhance downtown Marysville’s visual character.
(3) Promote compatibility between developments and uses.
(4) Integrate usable open space into new developments.
(5) Enhance the function and resilience of developments. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose.
(a) To create usable open space that is suitable for leisure or recreational activities for residents.
(b) To create open space that contributes to the residential setting.
(2) Applicability. Residential open space meeting the standards of this section is required for all new:
(a) Multifamily development.
(b) Mixed use development with residential units.
(c) Senior housing and other age-restricted facilities.
(d) Townhouses; provided, that only subsections (3)(b) and (5)(c) and (d) of this section and the applicable provisions in Table 22C.080.410 shall apply.
(3) Amount Required. Applicable developments shall be required to provide residential open space equal to a minimum of:
(a) One hundred square feet per dwelling unit for studio and one-bedroom dwellings.
(b) One hundred fifty square feet per multifamily dwelling unit for dwellings with two or more bedrooms, or per townhouse dwelling unit.
(4) Types.
(a) The following table illustrates the types of residential open spaces that may be used to meet the requirements in subsections (2) and (3) of this section:
(b) Large Multiphase Developments Under Single Ownership. Each phase of development shall meet the minimum residential open space requirements herein. Developments have the option to integrate a surplus of usable on-site open space in early phases and apply the surplus space towards meeting the requirements for subsequent phases, provided all applicable standards are met.
(5) Residential Open Space Design Standards.
(a) Common Internal Open Space. “Common internal open space” refers to spaces that are internal to a development and accessible to all tenants of a development, but may not be accessible to the general public. Exception: For mixed use buildings with commercial and residential uses, the common internal open spaces only need to be accessible to all dwelling units within the building. Common internal open spaces can include landscaped courtyards or decks, terraces, entrance plazas, gardens with pathways, children’s play areas, pools, and water features. Accessible areas with native vegetation and areas used for storm water retention, infiltration, or other multipurpose recreational and/or green spaces that meet the design criteria herein may qualify as common internal open space.
Common Internal Open Space Design Standards.
(i) The space shall be accessible to all residents of the development.
(ii) Common internal open space shall be located in accessible areas that are visible from one or more units within the development.
(iii) Required setback areas shall not count as common internal open space unless the design of the space meets the standards herein.
(iv) Common internal open space shall feature no dimension less than 15 feet in order to provide functional leisure or recreational activity (unless otherwise noted herein). Wider minimum dimensions are required perpendicular to building elevations containing windows of dwelling units whose only solar access is from the applicable building wall. Specifically:
(A) Twenty feet minimum dimension for such elevations up to three stories tall.
(B) Twenty-five feet minimum dimension for such elevations four stories tall.
(C) Thirty feet minimum dimension for such elevations five or more stories tall.
(v) Common internal open space shall feature paths or walkable lawns, landscaping, seating, lighting, and play structures, sports courts, or other pedestrian amenities to make the area more functional and enjoyable for a range of users.
(vi) Common internal open space shall be separated from ground level windows, streets, service areas and parking lots with landscaping, fencing, and/or other acceptable treatments that enhance safety and privacy for both the common internal open space and dwelling units.
(vii) When possible, the space should be oriented to receive sunlight, face east, west or preferably south.
(viii) Stairways and service elements located within or on the edge of common internal open space shall not be included in the open space calculations.
(ix) Shared porches may qualify as common internal open space provided they are at least eight feet in depth and 96 square feet in total area.
(x) Stormwater management elements and LID BMPs, like rain gardens, may be integrated into the design of the space and may occupy up to 25 percent of the minimum required space. Where multiple common internal open spaces are included within a development, this standard applies to all such space combined, to allow flexibility in the design of individual spaces.
(xi) Any children’s play areas integrated as a part of a common internal open space shall meet the standards of subsection (5)(f) of this section.
(b) Common Rooftop Decks. Such spaces are a type of common internal open space located on the top of buildings or intermediate levels (e.g., upper-floor building facade stepback areas) and are available to all residents. Examples of amenities include cooking and dining areas, seating areas, gardening areas, water features, and pet play areas. Design standards:
(i) The space shall be accessible to all residents of the development. Rooftop decks in mixed use buildings shall not be accessible to commercial tenants, employees, or customers (separate rooftop decks for commercial use are allowed but do not count as a residential open space).
(ii) Space shall feature hard surfacing and provide amenities such as weather protection elements, gas firepits, seating areas, and other features that encourage year-round use.
(iii) Space shall integrate landscaping elements that enhance the character of the space and encourage its use.
(iv) Space shall incorporate features that provide for the safety of residents, such as enclosures, railings, and appropriate lighting levels.
(v) Space shall feature no dimension less than 15 feet in order to provide functional leisure or recreational activity (unless otherwise noted herein).
(vi) When possible, the space should be oriented to receive sunlight, face east, west or preferably south.
(vii) Stairways and service elements located within or on the edge of common rooftop decks shall not be included in the open space calculations.
(viii) Any children’s play areas integrated as a part of a common rooftop deck shall meet the standards of subsection (5)(f) of this section.
Figure 22C.080.410(5)(b)
Common rooftop deck examples.
(c) Private Ground-Level Open Space. This space is adjacent and directly accessible to the subject unit. Examples include yards, stoops, and porches. Design standards:
(i) Such open spaces shall be enclosed by a fence and/or hedge at least 32 inches in height to qualify, but no higher than 42 inches when adjacent to a street, through-block connection, or publicly accessible area such as a public park or plaza.
(ii) Private unenclosed covered porches that face a street or a publicly accessible common area may qualify as open space provided they are at least 54 square feet in area, with no dimension less than six feet.
(iii) Ground-level private open space in excess of minimum requirements in subsection (5)(c)(ii) of this section shall not be used in the calculations for determining the minimum usable open space requirements for other units in the development per subsection (3) of this section.
Figure 22C.080.410(5)(c)
Private ground-level outdoor space examples.
(d) Private Balconies. This space is adjacent and directly accessible to the subject unit. Design standards for private balconies are the following:
(i) Private balconies in mixed use, multifamily developments should be at least partially recessed into the building facade, when provided, and integrated into the building design to provide protection from the weather.
(ii) Balconies shall be at least 36 square feet in area with no dimension less than six feet to qualify as open space.
(iii) Individual balconies in excess of minimum requirements in subsection (5)(d)(ii) of this section shall not be used in the calculations for determining the minimum usable open space requirements for other units in the development per subsection (3) of this section.
Figure 22C.080.410(5)(d)
Private balcony examples.
(e) Common Indoor Recreation Areas. Examples include multipurpose entertainment space, fitness center, movie theatre, kitchen, library, workshop, conference room, or similar amenities that promote shared use and a sense of community. Design standards for common indoor recreation areas are the following:
(i) The space shall be accessible to all residents of the development.
(ii) The space shall be located in a visible area, such as near an entrance, lobby, elevator bank, or high-traffic corridors.
(iii) Space shall be designed specifically to serve interior recreational functions and not merely be leftover unrentable space used to meet the open space requirement. Such space shall include amenities and design elements that will encourage use by residents.
(iv) Common indoor recreation areas may qualify as private internal common area provided they are at least 250 square feet in area.
Figure 22C.080.410(5)(e)
Common indoor recreation area examples.
(f) Children’s Play Areas. Any children’s play areas integrated as a part of a publicly accessible or common internal open space shall meet all the following (in addition to the design criteria listed above):
(i) Required children’s play areas shall be at least 400 square feet.
(ii) Measures necessary to protect children’s safety from vehicular traffic shall be included, such as low fencing or landscaping to provide a physical barrier around the perimeter.
(iii) Shade and rest areas for supervision shall be provided through the use of deciduous landscaping, architectural elements, or other means.
(iv) Natural, creative play elements should be provided. For instance, ground slides from one level to another, tricycle tracks, swings hung from arbors or trees, paths that meander and are of varying materials and widths, water that can be manipulated, outdoor rooms made from landscape or rocks, and berms and hills.
(v) Play areas shall be designed for a variety of ages, activities, and motor skills.
(vi) Play areas shall be located in areas that are highly visible to residents. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021. Formerly 22C.080.420).
(1) Purpose.
(a) To require the thoughtful integration of pedestrian-oriented spaces into commercial and mixed use developments.
(b) To enhance the design character and livability of downtown by creating vibrant spaces that accommodate active and passive activities, such as dining, resting, people watching, and recreational activities.
(2) Applicability. The standards herein apply to developments in the downtown core zone for sites containing buildings with at least 10,000 square feet of nonresidential floor area.
(3) Required Size of Space. Provide pedestrian-oriented space equal to at least two percent of the development site and meeting the design requirements of subsections (4) and/or (5) of this section. The required area may be consolidated in a single space or multiple spaces.
Figure 22C.080.420(3)
Required size of pedestrian-oriented space.
(4) Pedestrian-Oriented Space Design Standards.
(a) Required Features.
(i) The space shall abut a public sidewalk or other major internal pedestrian route and be designed to function as a focal point and gathering spot.
(ii) The space shall be ADA compliant and generally level with the adjacent sidewalk or internal pedestrian route. Steps, ramps and grade changes may be acceptable provided the outdoor space is designed to be visually and physically accessible from the adjacent sidewalk or internal pedestrian route and the space meets all other standards herein.
(iii) The space shall feature no dimension less than 15 feet in order to provide functional leisure or recreational activity. Exception: Portions of sidewalk area widened beyond minimum standards may qualify as pedestrian-oriented space provided storefronts abut the sidewalk.
(iv) The space shall be publicly accessible from 6:00 a.m. to 10:00 p.m.
(v) Large spaces (greater than 5,000 square feet) shall be designed to be multifunctional to accommodate a variety of uses and activities.
(vi) The space shall be framed on at least two sides by buildings that are oriented towards the space (via entries and generous facade transparency). Exception: Widened sidewalks that qualify as pedestrian-oriented space as set forth in subsection (4)(a)(iii) of this section only need to be framed on one side (by a storefront). Departures will be considered for unique configurations or designs that meet the purpose of the standards.
(vii) Paved walking surfaces of either concrete or approved unit paving are required. Form-in-place pervious concrete paving is allowed. Gravel surface areas may be allowed for special seating areas.
(viii) Except for natural areas or storm water infrastructure that contribute to the pedestrian environment, pedestrian amenities shall be integrated into the space. Examples include site furniture, artwork, drinking fountains, shade structures, kiosks, or other similar features that complement the space and encourage use of the space by a variety of users.
(ix) Lighting is required and integral to the design of the space for (A) safety and security, (B) intended activities or events, and (C) creating a distinct and inviting atmosphere. Lighting shall conform to MMC 22C.080.450.
(x) Except for natural areas or storm water infrastructure that contributes to the pedestrian environment (see subsection (4)(a)(xv) of this section), at least one individual seat per 30 square feet of plaza area or open space is required. At least 50 percent of the required seating shall be built-in seating elements, while provisions for moveable seating may be used for the remaining percentage. Two feet of seating area on a bench or ledge at least 16 inches deep at an appropriate seating height qualifies as an individual seat. Reductions of up to 50 percent will be allowed for the integration of specialized open spaces that meet the purpose of the standards herein.
(xi) Landscaping components that add visual interest and do not act as a visual barrier. This could include trees, planting beds, raised planters, and/or potted plants, or both.
(xii) Permanent weather protection along at least 50 percent of building edges (associated with nonresidential uses) at least six feet deep with horizontal clearance between eight and 15 feet.
(xiii) The space shall be proportional to the intended function and adjacent uses. For example, such spaces should not look or feel empty, barren, or too big when not in use.
(xiv) The space shall include design elements that appeal to the senses. Examples include the sound of water, the smell of plants, and/or the heat of fire. Sensory experiences may vary with the season, with water being present in the summer and a fire lit in the winter.
(xv) Storm water management elements and LID BMPs, like rain gardens, may be integrated into the design of the space and may occupy up to 25 percent of the required space. Where multiple publicly accessible open spaces are included within a development, this standard applies to all such space combined, to allow flexibility in the design of individual spaces.
(xvi) Rules of conduct similar to those for public parks may be posted.
(b) Prohibited Features.
(i) Large expanses of uninterrupted paving or paving without pattern.
(ii) Service and utility areas or venting of mechanical systems.
(iii) Long, narrow space with limited access.
(iv) Space providing vehicular access. Exception: Woonerf-style shared access lanes may be allowed (counted at 50 percent discount) provided through traffic is minimal and the design of access feature is well-integrated into the design of the larger space.
(v) Asphalt paving.
(vi) Adjacent chain-link fences.
(vii) Adjacent blank walls without blank wall treatment (MMC 22C.080.540).
(viii) Outdoor storage.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021. Formerly 22C.080.430).
(1) Purpose.
(a) To improve the pedestrian and bicycling environment by making it easier, safer, and more comfortable to walk or ride among businesses, residences, to streets and sidewalks, to transit stops, and connections throughout the city.
(b) To enhance access to on- and off-site open space areas and pedestrian/bicycle paths.
(2) Access to Sidewalk. All buildings shall feature pedestrian connections to a sidewalk per applicable block frontage standards in Article IV of this chapter.
(3) Internal Circulation.
(a) For sites with multiple buildings, pedestrian paths connecting businesses and residential entries on the same development site shall be provided. Routes that minimize walking distances shall be utilized to the extent practical.
(b) Sites with Residential Units. Provide direct pedestrian access between all ground-related unit entries and a public street or to a clearly marked pathway network or open space that has direct access to a public street. Residential developments shall provide a pedestrian circulation network that connects all main entrances on the site to other areas of the site, such as:
(i) Parking areas.
(ii) Recreational areas.
(iii) Common outdoor spaces.
(iv) Any pedestrian amenities.
For townhouses or other residential units fronting the street, the sidewalk may be used to meet this standard. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021. Formerly 22C.080.440).
(1) Purpose.
(a) To minimize adverse visual, odor, and noise impacts of mechanical equipment, utility cabinets and service areas at ground and roof levels.
(b) To provide adequate, durable, well-maintained, and accessible service and equipment areas.
(c) To protect residential uses and adjacent properties from impacts due to location and utilization of service areas.
(2) Location of Ground Related Service Areas and Mechanical Equipment. Service areas (loading docks, trash dumpsters, compactors, recycling areas, electrical panels, and mechanical equipment areas) shall be located for convenient service access while avoiding negative visual, auditory, olfactory, or physical impacts on the streetscape environment, pedestrian-oriented spaces, uses within the development, and adjacent residentially zoned properties. Specifically:
(a) Dumpsters shall be set back a minimum of five feet from side property lines, 10 feet from rear property lines (except when an alley is present) and 10 feet from front property lines; or be located to minimize visibility from any street, pedestrian walkway, or public park. Where the director finds that the only option for locating a service area is an area visible from a street, internal pathway or pedestrian area, or from an adjacent property, the area shall be screened with structural and landscaping screening measures provided in subsection (3) of this section.
(b) Dumpster storage areas shall be sized to accommodate the minimum dumpster sizes and necessary access (as required by the applicable utility provider) for garbage, recycling, and composting.
(3) Screening of Ground Related Service Areas and Mechanical Equipment. Service elements are encouraged to be integrated within the structure. Where they are not provided within the structure, the following standards apply:
(a) Where screening of ground-level service areas is required, the following applies:
(i) A structural enclosure shall be constructed of masonry, architectural concrete, heavy-gauge metal, or decay-resistant material that is also used with the architecture of the main building. The director may allow materials other than those used for the main building if the finishes are similar in color and texture or if the proposed enclosure materials are more durable than those for the main structure. The walls shall be sufficient to provide full screening from the affected roadway, pedestrian areas or adjacent use. The enclosure may use overlapping walls to screen dumpsters and other materials.
(ii) Gates shall be made of heavy-gauge, site-obscuring material. Chain link or chain link with slats is not an acceptable material for enclosures or gates.
(iii) Where the interior of a service enclosure is visible from surrounding buildings, an opaque or semi-opaque horizontal cover or screen shall be used to mitigate unsightly views. The horizontal screen/cover should be integrated into the enclosure design (in terms of materials and/or design). See Figure 22C.080.440(3) for examples.
(iv) Collection points shall be located and configured so that the enclosure gate swing does not obstruct pedestrian or vehicular traffic, or does not require that a hauling truck project into any public right-of-way. Ensure that screening elements allow for efficient service delivery and removal operations.
(v) The service area shall be paved.
(b) The sides and rear of service enclosures shall be screened with landscaping at least five feet wide in locations visible from the street, parking lots, and pathways to soften views of the screening element and add visual interest.
DEPARTURES to the provisions of subsections (3)(a) and (b) of this section will be considered provided the enclosure and landscaping treatment meet the purpose of the standards and add visual interest to site users.
(c) Where loading docks are sited along block frontages (only allowed when no other reasonable options are available as determined by the director), they shall be designed to minimize impacts on the pedestrian environment. Standards:
(i) Configure loading docks/bays to minimize their frontage length along blocks.
(ii) Integrate architectural and/or landscaping design features to screen loading dock elements and add visual interest to pedestrians along adjacent sidewalks. See blank wall treatment provisions of MMC 22C.080.540 for standards and examples.
(4) Utility Meters, Electrical Conduit, and Other Service Utility Apparatus. These elements shall be located and/or designed to minimize their visibility to the public. Project designers are strongly encouraged to coordinate with applicable service providers early in the design process to determine the best approach in meeting these standards. If such elements are mounted in a location visible from the street, pedestrian pathway, shared open space, adjacent use, or shared auto courtyards, they shall be screened with vegetation and/or integrated into the building’s architecture.
(5) Location and Screening of Roof-Mounted Mechanical Equipment.
(a) All rooftop mechanical equipment, including air conditioners, heaters, vents, and similar equipment, shall be effectively integrated (from design standpoint) or screened from public view both at grade and from nearby higher buildings with the exception of solar panels and roof-mounted wind turbines. Screening shall be located so as not to interfere with operation of the equipment.
(b) Rooftop mechanical equipment and associated screening features shall be set back from the exterior building walls by at least 10 feet. Exceptions may be made where the screening element is designed to help meet one or more building design standards in Article VI of this chapter.
(c) For rooftop equipment, all screening devices shall be well-integrated into the architectural design through such elements as parapet walls, false roofs, roof wells, clerestories, or equipment rooms. Screening walls or unit-mounted screening is allowed but less desirable. Wood shall not be used for screens or enclosures. Louvered designs are acceptable if consistent with building design style. Perforated metal is not permitted.
(d) The screening materials shall be of material requiring minimal maintenance and shall be as high as the equipment being screened.
(e) Locate and/or shield noise-producing mechanical equipment such as fans, heat pumps, etc., to minimize sounds and reduce impacts at property lines of adjacent properties.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021. Formerly 22C.080.450).
(1) Purpose.
(a) To ensure that lighting contributes to the character of the streetscape and does not disturb adjacent developments and residences.
(b) To protect against light pollution, thereby reclaiming the ability to view the night sky and helping to preserve the quality of life and scenic value of this desirable visual resource throughout the region and nearby natural open spaces.
(c) To help protect and enhance human health and wellness and wildlife habitation and migration by minimizing light pollution and its impact on all forms of life.
(d) To promote lighting practices and systems to conserve energy, decrease dependence on fossil fuels, and limit greenhouse gas emissions.
(e) To ensure that sufficient lighting can be provided where needed to promote safety and security on public and private property, and to allow for reasonable lighting for outdoor activities.
(f) To provide attractive lighting that supports and enhances the urban environment, emphasizes architectural elements, and encourages pedestrian activity and wayfinding beyond daylight hours, especially during the long nights of Pacific Northwest winters.
(2) Applicability. All outdoor lighting outside of public rights-of-way shall comply with the provisions herein. This includes, but is not limited to, new lighting, replacement lighting, additions and alterations, or any other lighting whether attached to buildings, poles, structures, the earth, or any other location.
(a) Exemptions.
(i) Lighting solely for signs.
(ii) Underwater lighting.
(iii) Temporary and seasonal cord-and-plug portable lighting.
(iv) Construction or emergency lighting.
(v) Outdoor rope and string lights for outdoor seating and gathering areas.
(3) General Standards. Exterior lighting shall be integrated as both a functional safety element and a design element that enhances the character and use of the site and building, while minimizing negative impacts on uses on and off the site.
(a) All luminaires shall be fully shielded and shall not emit light into the upper hemisphere around the luminaire or onto adjacent properties and structures, either through exterior full cut-off shields or through optics within the fixture. Support and mounting systems for luminaires shall not allow post-installation adjustments that could defeat compliance with this requirement.
(b) On-site lighting elements throughout and surrounding the site should be complementary, including pedestrian pathway, accent and parking lot lighting, lighting of adjacent developments and the public right-of-way.
(c) Except as provided in this section, outdoor lighting is encouraged to follow the intensity, technology, and other recommendations of the International Dark Sky Association and the Illuminating Engineering Society.
Figure 22C.080.450(3)
Examples of appropriate light shielding.
(4) Height.
(a) Freestanding lighting fixtures in parking lots shall not exceed 20 feet in height. Lighting fixtures on the top level of parking garages shall not exceed 12 feet in height.
(b) Pedestrian scale lighting shall not exceed 15 feet in height.
(c) Building-mounted exterior lighting shall not be placed at any point greater than 20 feet above the adjacent grade, except the height limit is 14 feet when within 100 feet of a single-family zone. This standard does not apply to fully recessed lights, such as when mounted on the underside of a gas station fueling canopy or building roof overhang.
Figure 22C.080.450(4)
Examples of site lighting.
(5) Lighting Levels.
(a) All public areas shall be lighted with average minimum and maximum levels as follows:
(i) Minimum (for low or nonpedestrian and vehicular traffic areas) of one-half foot candle.
(ii) Moderate (for moderate or high volume pedestrian areas) of one to two foot candles.
(iii) Maximum (for high volume pedestrian areas and building entries) of four foot candles.
(b) Lighting shall be provided at consistent levels, with gradual transitions between maximum and minimum levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and dark areas shall be avoided.
(c) Light levels at the property line should not exceed 0.1 foot candles (fc) adjacent to business properties, and 0.05 foot candles adjacent to residential properties.
(6) Parking Lot Lighting. Lighting parking lots shall be appropriate to create adequate visibility at night and evenly distributed to increase security. Lighting shall be located so that trees within the parking lot do not obscure the operation of the light fixture.
(7) Lighting Color (Chromaticity). The correlated color temperature of all outdoor lighting shall be 3,500 Kelvin maximum or lower (refer to American National Standards Institute’s publication C78.377 for guidance on LED lighting). Exceptions may be made for architectural floodlighting, accent lighting, or outlining.
Figure 22C.080.450(7)
Kelvin temperature chart.
(8) Exterior Lighting Controls. Automated control systems, such as energy management systems, photoelectric switches, motion sensors and astronomic timer switches, shall be used to meet the hours of operation requirements and the technical and energy efficiency requirements of the applicable Washington State Energy Code. Exceptions:
(a) Egress lighting as required by the building code.
(b) Lighting required for accessibility.
(c) Lighting required by statute, law, or ordinance to operate all night.
(d) A manual override at each exit door is allowed regardless of automatic control device.
(e) Seasonal holiday lighting and event lighting.
(9) Prohibited Lighting.
(a) Dynamic lighting.
(b) Luminaires exceeding 500,000 peak candelas and/or 500,000 lumens.
(c) Laser lighting.
(d) Any lighting of critical areas.
(e) Any lighting that may be confused with warning signals, emergency signals, or traffic signals.
(f) Mercury, low pressure sodium, or other light sources in public areas that can impede or distort the perception of actual colors.
(g) Blinking, flashing, intermittent, and/or moving lights unless specifically allowed elsewhere in the Marysville Municipal Code.
(h) Lighting permanently attached to trees. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021. Formerly 22C.080.460).
Article VI provides direction for the design of buildings consistent with the goals and policies of the downtown Marysville plan. See the individual “purpose” statements for each section in this chapter. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
Special building design standards in this article apply to the three-block stretch of Third Street, between Alder Avenue and 47th Avenue NE to reinforce the area’s historic/traditional character:
(1) MMC 22C.080.510(2)(a)(ii), regarding facade articulation standards.
(2) MMC 22C.080.510(5), regarding pitched rooflines.
Figure 22C.080.505
Map of Third Street character area.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose. To employ facade articulation techniques that reduce the perceived scale of large buildings and add visual interest from all observable scales.
(2) Facade Articulation. All applicable buildings shall include facade articulation features at maximum specified intervals to create a human-scaled pattern. These standards apply to building elevations facing streets (public and private), parks, zone edges, and through-block connections (except alley designs).
(a) Maximum Facade Articulation Intervals.
(i) Residential elevations: The width of the dwelling units inside the building (e.g., if the units are 25 feet wide, the facade articulation shall be 25 feet wide). This includes residential portions of mixed use buildings.
(ii) Third Street character area: 25 feet.
(iii) Storefronts: 30 feet. This refers to all ground-level elevations along active ground-floor designated block frontages.
(iv) Other ground-level elevations: 40 feet.
(v) Office buildings and other upper-level nonresidential elevations in the DC and flex zones: 60 feet.
(b) Articulation Features. At least three of the following articulation features shall be employed for all buildings in compliance with the maximum specified facade articulation intervals. Exception: Nonresidential buildings in the flex zone shall include at least two articulation features.
(i) Use of a window fenestration pattern.
(ii) Use of weather protection features.
(iii) Use of vertical piers/columns (applies to all floors of the facade, excluding upper level stepbacks).
(iv) Change in roofline per subsection (4) of this section.
(v) Change in building material and/or siding style (applies to all floors of the facade, excluding upper-level stepbacks).
(vi) Vertical elements such as a trellis with plants, green wall, art element that meet the purpose of the standard.
(vii) Providing vertical building modulation of at least 12 inches in depth if tied to a change in roofline per subsection (4) of this section or a change in building material, siding style, or color. Balconies may be used to qualify for this option if they are recessed or projected from the facade by at least 18 inches.
(viii) Other design techniques that effectively reinforce a pattern of articulated facades compatible with the building’s surrounding context.
DEPARTURES will be considered provided they meet the purpose of the standards and the design criteria below. For example, a departure may propose a design with only two articulation features instead of three and/or the articulation features exceed the maximum articulation interval.
(c) DEPARTURE Criteria Associated with Articulation Standards. Proposals shall meet the purpose of the standards. The following criteria will be considered in determining whether the proposed articulation treatment meets the purpose:
(i) Consider the type and width of the proposed articulation treatment and how effective it is in meeting the purpose given the building’s current and desired context (per Marysville downtown master plan).
(ii) Consider the applicable block frontage designation. Pedestrian-friendly or undesignated block frontages warrant more flexibility than active ground-floor block frontages.
(iii) Consider the size and width of the building. Smaller buildings (less than 120 feet wide) warrant greater flexibility than larger buildings.
(iv) Consider the quality of facade materials in concert with doors, windows, and other facade features and their ability to add visual interest to the street from a pedestrian scale and more distant observable scales.
(3) Maximum Facade Length. Building facades and other building elevations facing lower intensity residential zone edge shall include at least one of the following features to break up the massing of the building and add visual interest. This standard applies to building elevations longer than 120 feet in residential zones and the MS zone and 140 feet in the DC and flex zones.
(a) Provide vertical building modulation at least six feet deep and 15 feet long in the mixed use zones and at least eight feet deep and 20 feet long in the employment zones. For multistory buildings, the modulation shall extend through at least one-half of the building floors.
(b) Use of a contrasting vertical modulated design component featuring all of the following:
(i) Utilizes a change in building materials that effectively contrast from the rest of the facade.
(ii) Component is modulated vertically from the rest of the facade by an average of six inches.
(c) Facade employs building walls with contrasting articulation that make it appear like multiple distinct buildings. To qualify for this option, these contrasting facades shall employ all of the following:
(i) Different building materials and/or configuration of building materials.
(ii) Contrasting window design (sizes or configurations).
(d) DEPARTURES to subsections (3)(a) through (c) of this section will be considered provided the design meets the purpose of the standards. Supplemental consideration for approving alternative designs:
(i) Width of the facade. The larger the facade, the more substantial articulation/modulation features need to be.
(ii) Block frontage designation. Active ground-floor designated block frontages warrant the most scrutiny.
(iii) The type of articulation treatment and how effective it is in meeting the purpose given the building’s context.
(4) Roofline Modulation. Roofline modulation is encouraged and it can be used as one of the facade articulation features in subsections (2) and (3) of this section. In order to qualify as an articulation feature, rooflines shall employ one or more of the following:
(a) For flat roofs or facades with horizontal eave, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of the wall) when combined with vertical building modulation techniques described in subsections (2) and (3) of this section. Otherwise, the minimum vertical dimension of roofline modulation is the greater of four feet or 0.2 multiplied by the wall height.
(b) A pitched roofline or gabled roofline segment of at least 20 feet in width. Buildings with pitched roofs shall include a minimum slope of 5:12 and feature modulated roofline components at the interval required per the applicable standard above.
(c) A combination of the above.
DEPARTURES will be considered provided the roofline modulation design effectively reduces the perceived scale of the building and adds visual interest.
(5) Pitched Rooflines in the Third Street Character Area. Buildings in the Third Street character area shall employ gabled or hipped rooflines to reinforce the character and scale of the area.
Figure 22C.080.510(5)
Third Street character area – existing roofline examples.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose.
(a) To encourage the incorporation of design details and small-scale elements into building facades that are attractive at a pedestrian scale.
(b) To integrate window design that adds depth, richness, and visual interest to the facade.
(2) Facade Details – Nonresidential and Mixed Use Buildings. All building facades and other building elevations facing parks, pedestrian-oriented spaces, and containing primary building entrances shall be enhanced with appropriate details. All new buildings shall employ at least one detail element from each of the three categories below for each facade articulation interval (see MMC 22C.080.510(2)).
(a) Window and/or entry treatment, such as:
(i) Transom windows.
(ii) Roll-up windows/doors.
(iii) Recessed entry.
(iv) Decorative door.
(v) Other decorative or specially designed window, shading or entry treatment that meets the purpose of the standards.
(b) Building elements and facade details, such as:
(i) Custom-designed weather protection element such as a steel canopy, glass, or retractable awning. Custom-designed cloth awnings may be counted as a detail provided they are constructed of durable, high-quality material.
(ii) Decorative building-mounted light fixtures.
(iii) Bay windows, trellises, towers, and similar elements.
(iv) Other details or elements that meet the purpose of these standards.
(c) Building materials and other facade elements, such as:
(i) Use of decorative building materials/use of building materials. Examples include decorative use of brick, tile, or stonework.
(ii) Decorative kickplate, pilaster, base panel, or other similar feature.
(iii) Hand-crafted material, such as special wrought iron or carved wood.
(iv) Other details that meet the purpose of the standards.
DEPARTURES for facade detail standards of this subsection (2) will be considered provided the facade (at the overall scale and at the individual articulation scale) meets the purpose of the standards.
(3) Window Design Standards. All windows shall employ designs that add depth and richness to the building facade. At least one of the following features shall be included to meet this requirement:
(a) Recess windows at least one and one-half inches from the facade.
(b) Incorporate window trim (at least three inches wide) around windows.
(c) Incorporate other design treatments that add depth, richness, and visual interest to the facade.
(4) Cornice/Roofline Design. Buildings employing a flat roof shall employ a distinctive roofline that effectively provides an identifiable “top” to the building. This could include a traditional cornice line or a contemporary interpretation of a traditional cornice line.
(a) Such rooflines shall be proportional to the size and scale of the building.
(b) Understated cornice lines are permitted depending on the materials and design of the base and middle elements in reinforcing the base/middle/top configuration.
Figure 22C.080.520(4)(b) illustrates acceptable and unacceptable examples.
Rooftop solar units are permitted, provided the placement and design of units visible from the surrounding streetscape are carefully integrated into the overall design concept of the building.
(5) Articulated Building Entries. The primary building entrance for an office building, hotel, apartment building, public or community-based facility or other multistory commercial building shall be designed as a clearly defined and demarcated standout architectural feature of the building. Such entrances shall be easily distinguishable from regular storefront entrances on the building. Such entries shall be scaled proportional to the building. See Figure 22C.080.520(5) for good examples.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose.
(a) To encourage the use of durable, high quality, and urban building materials that minimize maintenance cost and provide visual interest from all observable vantage points.
(b) To promote the use of a distinctive mix of materials that helps to articulate facades and lends a sense of depth and richness to the buildings.
(c) To place the highest priority on the first floor in the quality and detailing of materials at the pedestrian scale.
(2) Special Conditions and Limitations for the Use of Certain Cladding Materials.
(a) Concrete block (a.k.a. concrete masonry unit or CMU) may be used as a secondary cladding material (no more than one-third of total facade cladding) on building elevations facing streets, parks, pedestrian-oriented spaces, and containing primary building entrances provided it is incorporated with other permitted materials.
DEPARTURES will be considered for alternative designs that use concrete block as the primary, but not the only, cladding material provided the design incorporates a combination of textures and/or colors to add visual interest. For example, combining split or rock-facade units with smooth blocks can create distinctive patterns. The figures below illustrate acceptable concrete block use/designs.
(b) Metal siding may be used on all building elevations provided it complies with the following standards:
(i) It shall feature visible corner molding and trim. Masonry, concrete, or other durable material shall be incorporated between the metal siding and the ground plane for all residential buildings and storefronts.
(ii) Metal siding shall be factory finished, with a matte, nonreflective surface.
DEPARTURES will be considered provided the material’s integration and overall facade composition meets the purpose of the standards.
(c) Standards for the Use of Exterior Insulation and Finish System (EIFS). Such material/finishes may be used when it complies with the following:
(i) For residential buildings, EIFS is limited to no more than 50 percent of the cladding for building elevations facing streets, parks, pedestrian-oriented spaces, and containing primary building entrances of the total facade area.
(ii) For nonresidential and mixed use buildings, EIFS is limited to no more than 25 percent of the cladding for building elevations facing streets, parks, pedestrian-oriented spaces, and containing primary building entrances of the total facade area.
(iii) EIFS shall feature a smooth or sand finish only.
(iv) EIFS shall be trimmed in wood, masonry, or other material and shall be sheltered from weather by roof overhangs or other methods.
(v) EIFS shall not be used on the ground floor of facades containing nonresidential uses.
DEPARTURES will be considered provided the material’s integration and overall facade composition meets the purpose of the standards.
(d) Cementitious wall board paneling/siding may be used on all building elevations provided it meets the following provisions:
(i) Cement board paneling/siding may not be used on ground-level facades containing nonresidential uses.
(ii) Where cement board paneling/siding is the dominant siding material, the design shall integrate a mix of colors and/or textures that are articulated consistent with windows, balconies, and modulated building surfaces and are balanced with facade details that add visual interest from the ground level and adjacent buildings.
DEPARTURES will be considered provided the material’s integration and overall facade composition meets the purpose of the standards.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose.
(a) To avoid untreated blank walls.
(b) To retain and enhance the character of downtown Marysville’s streetscapes.
(2) Blank Wall Definition. “Blank wall” means a ground-floor wall or portion of a ground-floor wall over 10 feet in height and a horizontal length greater than 15 feet and does not include a transparent window or door.
Figure 22C.080.540(2)
Blank wall definition.
(3) Blank Wall Treatment Standards. Untreated blank walls adjacent to a public street, pedestrian-oriented space, common outdoor space, or pedestrian pathway are prohibited. Methods to treat blank walls can include:
(a) Display windows at least 16 inches in depth to allow for changeable displays. Tack-on display cases (see Figure 22C.080.540(3)) do not qualify as a blank wall treatment.
(b) Landscape planting bed at least five feet deep or a raised planter bed at least two feet high and three feet deep in front of the wall with planting materials that are sufficient to obscure or screen at least 60 percent of the wall’s surface within three years.
(c) Installing a vertical trellis in front of the wall with climbing vines or plant materials.
(d) Installing a mural as approved by the director. Commercial advertisements are not permitted on such murals.
(e) Special building detailing that adds visual interest at a pedestrian scale. Such detailing shall use a variety of surfaces; monotonous designs will not meet the purpose of the standards.
For large visible blank walls, a variety of treatments may be required to meet the purpose of the standards.
(4) Firewalls. Firewalls along property lines are exempt from the above standards, but where they are visible to the public (from the adjacent street), they shall be designed to provide visual interest from all observable distances. Examples may include the use of varying materials, textures, and/or colors, the use of green or living walls, and/or the use of modulated building walls to form design patterns.
Murals are also encouraged as a firewall treatment. Murals are subject to approval by the director. Commercial advertisements are not permitted on such murals.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
Land Use Standards
The residential zones implement the single-family and higher density residential goals and policies and land use plan map designations of the comprehensive plan. They are intended to preserve land for housing and to provide housing opportunities for individual households. The zones are distinguished by the uses allowed and the intensity of development allowed. The differences in the zoning categories reflect the diversity of residential areas in the city. The limits on the intensity of uses and the development standards promote the desired character for the residential area. The standards are intended to provide certainty to property owners, developers and neighbors of what is allowed in the various categories. (Ord. 2852 § 10 (Exh. A), 2011).
The full names, short names and map symbols of the single-family and higher density residential zones are listed below:
Full Name | Short Name/Map Symbol |
|---|---|
Medium density single-family | R-4.5 |
High density single-family | R-6.5 |
High density single-family, small lot | R-8 |
Whiskey Ridge, high density single-family | WR-R-4-8 |
Low density multiple-family | R-12 |
Medium density multiple-family | R-18 |
High density multiple-family | R-28 |
Whiskey Ridge, medium density multiple-family | WR-R-6-18 |
Residential mobile home park | R-MHP |
Small farms overlay | SF (suffix to zone’s map symbol) |
Property-specific development standards | P (suffix to zone’s map symbol) |
(Ord. 2852 § 10 (Exh. A), 2011).
(1) Neighborhood Residential 4.5 (NR-4.5). The NR-4.5 zone is a medium density single-family residential zone. It allows single-family residences, middle housing, and townhomes. The base density is 4.5 dwelling units or lots per acre. The major type of new development will be detached single-family residences, with middle housing and townhomes also permitted.
(2) Neighborhood Residential 6.5 (NR-6.5). The NR-6.5 zone is a high density single-family residential zone. It allows single-family residences, middle housing, and townhomes. The base density is 6.5 units or lots per acre. The major type of new development will be detached single-family residences, with middle housing and townhomes also permitted.
(3) Low Density Multiple-Family (R-12). The R-12 zone is a low density multiple-family residential zone. The major types of new housing development will be detached single-family residences, middle housing, townhouses, apartments and condominiums. The density is 12 units per acre; the maximum is limited to 18 units per acre.
(4) Medium Density Multiple-Family (R-18). The R-18 zone is a medium density multiple-family residential zone. The major types of new housing development will be detached single-family residences, middle housing, townhouses, apartments and condominiums. The density is 18 units per acre; the maximum is limited to 27 units per acre.
(5) High Density Multiple-Family (R-28). The R-28 zone is a high density multiple-family residential zone. The major types of new housing development will be detached single-family residences, middle housing, townhouses, apartments and condominiums. The density is 28 units per acre; the maximum is limited to 36 units per acre.
(6) Whiskey Ridge, Medium Density Multiple-Family (WR-R-6-18). The WR-R-6-18 zone is a medium density multiple-family residential zone. The major types of new housing development will be attached and detached single-family residential, middle housing, apartments and condominiums. The density is six units per acre for detached single-family and 10 units per acre for attached multiple-family; the maximum is limited to 18 units per acre.
(7) Residential Mobile Home Park (R-MHP). The R-MHP zone preserves high density, affordable detached single-family and senior housing. This zone is assigned to existing mobile home parks within residential zones which contain rental pads, as opposed to fee simple owned lots, and as such are more susceptible to future development. (Ord. 3366 § 39 (Exh. MM), 2025; Ord. 3352 § 42 (Exh. MM), 2025; Ord. 2852 § 10 (Exh. A), 2011).
The standards in this chapter state the allowed uses and development standards for the base zones. Sites with overlay zones, subarea or master plans are subject to additional standards. The official zoning maps indicate which sites are subject to these additional standards. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Permitted Uses (P). Uses permitted in the residential zones are listed in MMC 22C.010.060 with a “P.” These uses are allowed if they comply with the development standards and other standards of this chapter.
(2) Conditional Uses (C). Uses that are allowed if approved through the conditional use review process are listed in MMC 22C.010.060 with a “C.” These uses are allowed provided they comply with the conditional use approval criteria for that use, the development standards and other standards of this chapter. Uses listed with a “C” that also have a footnote number in the table are subject to the standards cited in the footnote. The conditional use review process and approval criteria are stated in Chapter 22G.010 MMC.
(3) Uses Not Permitted. If no symbol appears in the box at the intersection of the column and the row, the use is not permitted in that district, except for certain temporary uses.
(4) If a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above, the general requirements of this code and the specific conditions indicated in the development condition with the corresponding number as listed in MMC 22C.010.070.
(5) If more than one letter-number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitation or conditions depending on the review process indicated by the letter, the general requirements of this code and the specific conditions indicated in the development condition with the corresponding number as listed in MMC 22C.010.070.
(6) All applicable requirements shall govern a use whether or not they are cross-referenced in a section. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Use Regulations That May Be Modified. An applicant may propose, and the director may approve, deny or conditionally approve a modification of the special regulations and notes in MMC 22C.010.070.
(2) Review Process.
(a) An applicant shall submit a request for modification, providing such information as is required by the director, including application fees.
(b) Notice of the proposed modification shall be provided to contiguous property owners.
(3) Evaluation Criteria. Any proposal to modify use regulations shall not undermine the intent of the standards. The director shall not approve a request for modification unless the proposal provides design elements or other appropriate mitigation equivalent or superior to what would likely result from compliance with the use regulations which are proposed to be modified. The director shall consider the following criteria in making a decision:
(a) The request for modification meets the intent of the standards being modified.
(b) 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.
(c) The request for modification meets any additional modification criteria for specific uses in this title. (Ord. 3207 § 3, 2022).
Specific Land Use | NR-4.5 | NR-6.5 | R-12 | R-18 | R-28 | WR | R-MHP |
|---|---|---|---|---|---|---|---|
Residential Land Uses | |||||||
Dwelling Units, Types: | |||||||
Single detached (14) | P11 | P11 | P11 | P11 | P11 | P11 | P43 |
Model home | P30 | P30 | P30 | P30 | P30 | P30 | P30 |
Cottage housing (14) | P6 | P6 | P6 | P6 | P6 | P6 |
|
Townhouse | P3, 8 | P8 | P | P | P | P |
|
Middle housing (3) | P | P | P | P | P | P |
|
Multiple-family |
|
| P | P | P | P |
|
Mobile home | P12 | P12 | P12 | P12 | P12 | P12 | P12 |
Mobile/manufactured home park | C | C |
| P | P |
| P45 |
Senior citizen assisted | C2 | C2 | P2 | P2 | P2 | P2 | C2 |
Factory-built | P7 | P7 | P7 | P7 | P7 | P7 | P7, 43 |
Recreational vehicle (44) | P | P | P | P | P | P | P |
Tiny house or tiny house with wheels (51) | P | P | P | P | P | P | P |
Group Residences: | |||||||
Adult family home | P | P | P | P | P | P | P |
Convalescent, nursing, retirement | C2 | C2 | P2 | P2 | P2 | P2 |
|
Residential care facility | P | P | P | P | P | P |
|
Master planned senior community (15) | C | C | P | P | P | P | C |
Transitional housing facilities (53) | P | P | P | P | P | P | P |
Permanent supportive housing (53) | P | P | P | P | P | P | P |
Emergency housing (54) |
|
|
|
|
|
|
|
Emergency shelters – Indoor (54) |
|
|
|
|
|
|
|
Accessory Uses: | |||||||
Residential accessory uses (1), (9), (10), (14), (49), (50) | P | P | P | P | P | P | P |
Home occupation (5) | P | P | P13 | P13 | P13 | P13 | P |
Temporary Lodging: | |||||||
Hotel/motel |
|
|
|
|
|
|
|
Bed and breakfast guesthouse (4) |
| C | P | P | P | P |
|
Bed and breakfast inn (4) |
|
| P | P | P | P |
|
Enhanced services facility (52) |
|
|
|
|
|
|
|
Recreation/Cultural Land Uses | |||||||
Park/Recreation: | |||||||
Park | P16 | P16 | P16 | P16 | P16 | P16 | P16 |
Community center | C | C | C | C | C | C | C |
Amusement/Entertainment: | |||||||
Sports club |
|
| C | C | C | C |
|
Golf facility (17) | C | C | P | P | P | P |
|
Cultural: | |||||||
Library, museum and art gallery | C | C | C | C | C | C | C |
Church, synagogue and temple | C | C | P | P | P | P | C |
General Services Land Uses | |||||||
Personal Services: | |||||||
Funeral home/crematory | C18 | C18 | C18 | C18 | C18 | C18 | C18 |
Cemetery, columbarium or mausoleum | P24 C19 | P24 C19 | P24 C19 | P24 C19 | P24 C19 | P24 C19 | P24 C19 |
Day care I | P20 | P20 | P20 | P20 | P20 | P20 | P20 |
Day care II | C25 | C25 | C | C | C | C | C25 |
Stable | C | C |
|
|
|
|
|
Kennel or cattery, hobby | C | C | C | C | C | C |
|
Electric vehicle (EV) charging station (38), (39) | P | P | P | P | P | P |
|
EV rapid charging station (40), (41), (42) |
|
| P | P | P | P |
|
Health Services: | |||||||
Medical/dental clinic |
|
| C | C | C | C |
|
Supervised drug consumption facility |
|
|
|
|
|
|
|
Education Services: | |||||||
Elementary, middle/junior high, and senior high (including public, private and parochial) | C | C | C | C | C | C | C |
Commercial school | C21 | C21 | C21 | C21 | C21 | C21 |
|
School district support facility | C23 | C23 | C23 | C23 | C23 | C23 |
|
Interim recycling facility | 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 |
Utility facility | P | P | P | P | P | P | P |
Private storm water management facility | P | P | P | P | P | P | P |
Public storm water management facility | 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 |
|
Model house sales office | P47 | P47 |
|
|
|
|
|
Wireless communication facility (28) | P C | P C | P C | P C | P C | P C | P C |
State-Licensed Marijuana Facilities: | |||||||
Marijuana cooperative (48) |
|
|
|
|
|
|
|
Marijuana processing facility – Indoor only (48) |
|
|
|
|
|
|
|
Marijuana production facility – Indoor only (48) |
|
|
|
|
|
|
|
Marijuana retail facility (48) |
|
|
|
|
|
|
|
Retail/Wholesale Land Uses | |||||||
Forest products sales | P32 | P32 |
|
|
|
|
|
Agricultural crop sales | P32 | P32 |
|
|
|
|
|
Resource Land Uses | |||||||
Agriculture: | |||||||
Growing and harvesting crops | P34 | P34 |
|
|
|
|
|
Raising livestock and small animals | P35 | P35 |
|
|
|
|
|
Forestry: | |||||||
Growing and harvesting forest products | P34 | P34 |
|
|
|
|
|
Fish and Wildlife Management: | |||||||
Hatchery/fish preserve (33) | C | C |
|
|
|
|
|
Aquaculture (33) | C | C |
|
|
|
|
|
Regional Land Uses | |||||||
Regional storm water management facility | C | C | C | C | C | C | C |
Nonhydroelectric generation facility | C | C | C | C | C | C | C |
Transit park and pool lot | P | P | P | P | P | P |
|
Transit park and ride lot | C | C | C | C | C | C |
|
School bus base | C36 | C36 | C36 | C36 | C36 | C36 |
|
Racetrack | C37 | C37 | C37 | C37 | C37 | C37 |
|
College/university | C | C | C | C | C | C |
|
(Ord. 3366 § 40 (Exh. NN), 2025; Ord. 3352 § 43 (Exh. NN), 2025; Ord. 3331 § 1 (Exh. A), 2024; Ord. 3205 § 3, 2022; Ord. 3196 § 3 (Exh. A), 2021; Ord. 3164 § 4, 2020; Ord. 3139 § 3 (Exh. B), 2019; Ord. 3085 § 2, 2018; Ord. 3071 § 3, 2017; Ord. 3054 § 7, 2017; Ord. 3022 § 7, 2016; Ord. 2959 § 5, 2014; Ord. 2898 § 7, 2012; Ord. 2852 § 10 (Exh. A), 2011).
(1) Accessory dwelling units:
(a) Must comply with the development standards in Chapter 22C.185 MMC.
(b) 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.
(c) In the R-MHP zone are only allowed on single lots of record.
(2) Limited to three residents per the equivalent of each minimum lot size or dwelling units per acre allowed in the zone in which it is located.
(3) Middle housing is defined in MMC 22A.020.140 and contains two to four attached, stacked, or clustered homes, including triplexes, fourplexes, townhouses, courtyard apartments, and cottage housing on a parent lot. Single-family detached is not considered middle housing. Middle housing building types which contain more than two dwelling units (i.e., types other than duplexes) are allowed only when the lot is within one-quarter mile of a major transit stop or when one affordable housing unit is provided. Townhouses shall only be considered middle housing (a) when they have three to four dwelling units and are located within one-quarter mile of a major transit stop, or (b) when one dedicated affordable housing dwelling unit meeting the provisions in MMC 22C.010.400 is provided.
Middle housing is not allowed in or on:
(a) 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.
(b) 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)).
(c) Properties within shoreline jurisdiction.
(d) Lots that have been designated urban separators by countywide planning policies as of July 23, 2023.
(e) 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.
(f) 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.
(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) Townhouses are only allowed as part of a planned residential development (PRD) proposal or as allowed for middle housing. Townhouses in PRDs are subject to the same density as the underlying zone; provided, that middle housing is exempt from the maximum dwelling units per net acre but is subject to the maximum number of lots per net acre. Townhouses are limited to four dwelling units per building in single-family zones. Townhouses shall only be considered middle housing (a) when said structure contains three or four dwelling units and is located within one-quarter mile of a major transit stop, or (b) when one dedicated affordable housing dwelling unit meeting the provisions in MMC 22C.010.400 is provided.
(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 a commercial use and will be disallowed unless it complies with all requirements affecting commercial uses.
(10) Residential accessory structures must comply with development standards in Chapter 22C.180 MMC.
(11) Manufactured homes must:
(a) Be set on a permanent foundation, as specified by the manufacturer, enclosed with an approved concrete product from the bottom of the home to the ground which may be either load-bearing or decorative;
(b) Meet all design standards applicable to 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 as a primary residence in existing mobile/manufactured home parks established prior to June 12, 2008, subject to the requirements of Chapter 22C.230 MMC, Mobile/Manufactured Home Parks.
(13) Home occupations are limited to home office uses in multifamily dwellings. No signage is permitted in townhouse or multifamily dwellings; provided, that signage may be permitted for home occupations in middle housing units.
(14) No more than one single-family detached 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 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
(c) Structures or service yards shall maintain a minimum distance of 50 feet from property lines adjoining residential zones.
(17) Golf facilities shall comply with the following:
(a) Structures, driving ranges and lighted areas shall maintain a minimum distance of 50 feet from property lines adjoining residential zones.
(b) Restaurants are permitted as an accessory use to a golf course.
(18) Only as an accessory to a cemetery.
(19) Structures shall maintain a minimum distance of 100 feet from property lines adjoining residential zones.
(20) Only as an accessory to residential use and subject to the criteria set forth in Chapter 22C.200 MMC.
(21) Only as an accessory to residential use, provided:
(a) Students are limited to 12 per one-hour session;
(b) All instruction must be within an enclosed structure; and
(c) Structures used for the school shall maintain a distance of 25 feet from property lines adjoining residential zones.
(22) Limited to drop box facilities accessory to a public or community use such as a school, fire station or community center.
(23) Only when adjacent to an existing or proposed school.
(24) Limited to columbariums accessory to a church; provided, that existing required landscaping and parking are not reduced.
(25) Day care IIs must be located on sites larger than one-half acre and are subject to minimum standards identified in Chapter 22C.200 MMC for day care I facilities. Parking facilities and loading areas shall be located to the rear of buildings or be constructed in a manner consistent with the surrounding residential character. Evaluation of site suitability shall be reviewed through the conditional use permit process.
(26) Public safety facilities, including police and fire, shall comply with the following:
(a) All buildings and structures shall maintain a minimum distance of 20 feet from property lines adjoining residential zones;
(b) Any buildings from which fire-fighting equipment emerges onto a street shall maintain a distance of 35 feet from such street.
(27) Accessory to an apartment development of at least 12 units, provided:
(a) The gross floor area in self-service storage shall not exceed 50 percent of the total gross floor area of the apartment dwellings on the site;
(b) All outdoor lights shall be deflected, shaded and focused away from all adjoining property;
(c) The use of the facility shall be limited to dead storage of household goods;
(d) No servicing or repair of motor vehicles, boats, trailers, lawn mowers or similar equipment;
(e) No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals;
(f) No residential occupancy of the storage units;
(g) No business activity other than the rental of storage units to the apartment dwellings on the site; and
(h) A resident manager shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval.
(28) All WCFs and modifications to WCFs are subject to Chapter 22C.250 MMC including, but not limited to, the siting hierarchy, MMC 22C.250.060. WCFs may be a permitted use or a conditional use subject to MMC 22C.250.040.
(29) Limited to commuter parking facilities for users of transit, carpools or ride-share programs, provided:
(a) They are located on existing parking lots for churches, schools, or other permitted nonresidential uses which have excess capacity available during commuting hours; and
(b) The site is adjacent to a designated arterial that has been improved to a standard acceptable to the department.
(30) Model Homes.
(a) The community development director may approve construction of model homes subject to the following conditions:
(i) No model home shall be constructed without the issuance of a building permit;
(ii) In no event shall the total number of model homes in a preliminary subdivision be greater than nine;
(iii) A hard-surfaced roadway to and abutting all model homes shall be constructed to standards determined by the city engineer or designee;
(iv) Operational fire hydrant(s) must be available in accordance with the International Fire Code;
(v) 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.
(44) Recreational vehicles (RVs) are allowed as a primary residence in an established mobile/manufactured home park (MHP) subject to the requirements of Chapter 22C.230 MMC, Mobile/Manufactured Home Parks.
(45) MHPs shall fulfill the requirements of Chapter 22C.230 MMC, Mobile/Manufactured Home Parks.
(46) Reserved.
(47) Model house sales offices are subject to the requirements of MMC 22C.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.185.020.
(51) Tiny houses or tiny houses with wheels are allowed as a primary residence in an established mobile/manufactured home park (MHP) subject to the requirements of Chapter 22C.230 MMC, Mobile/Manufactured Home Parks.
(52) Enhanced services facilities are prohibited in all residential zones as such are identified and adopted in this chapter.
(53) An operations plan, to mitigate potential impacts on the surrounding community, must be provided by the sponsor and/or property owner at the time of application. The operations plan must address the following elements to the satisfaction of the city:
(a) Name and contact information for key staff;
(b) Roles and responsibilities of key staff;
(c) Site/facility management, including a security and emergency plan;
(d) Site/facility maintenance;
(e) 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;
(f) Provision of human and social services, including staffing plan and outcome measures;
(g) Outreach with surrounding property owners and residents and ongoing good neighbor policy;
(h) Procedures for maintaining accurate and complete records; and
(i) Additional information as requested by the community development director to ensure current best practices for permanent supportive housing and transitional housing facilities are used.
(54) Emergency housing and emergency shelters – indoor are prohibited in all residential zones as such are identified and adopted in this chapter. (Ord. 3366 § 41 (Exh. OO), 2025; Ord. 3352 § 44 (Exh. OO), 2025; Ord. 3331 § 2 (Exh. B), 2024; Ord. 3205 § 4, 2022; Ord. 3196 § 3 (Exh. A), 2021; Ord. 3167 § 1, 2020; Ord. 3164 § 5, 2020; Ord. 3139 § 3 (Exh. B), 2019; Ord. 3054 § 8, 2017; Ord. 3022 § 8, 2016; Ord. 2959 § 6, 2014; Ord. 2898 § 8, 2012; Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. The purpose of this section is to allow for adaptive reuse of nonresidential buildings in residential zones that are functionally obsolete in order to improve the economic feasibility of a property by considering uses that are not otherwise permitted, but which, if properly designed and managed, would not create unacceptable impacts on surrounding properties or the immediate vicinity in general. This process differs from the unlisted use process listed in MMC 22A.010.070 in that uses that are not specifically authorized in the residential zone may be considered using the process described herein.
(2) Procedures. Any request for adaptive reuse of nonresidential buildings shall be reviewed as a conditional use.
(3) Circumstances. The city may allow a use in a residential zone that is not specifically allowed in that zone if it is necessary to encourage adaptive reuse of a building under the following circumstances:
(a) It is unlikely that the primary building on the subject property could be preserved if only uses permitted in the underlying zone were allowed.
(b) Allowing a different use would enhance the character of the building and immediate vicinity.
(c) The use would not have a detrimental effect upon surrounding properties or the immediate vicinity.
(4) Uses That May Be Allowed. The following uses may be considered for adaptive reuse of an existing building in a residential zone; provided, that where a use listed below is allowed as either a permitted or conditional use in MMC 22C.010.060, it shall be reviewed in accordance with said section:
(a) Dwelling units. Density based on underlying zoning;
(b) Assisted living facilities;
(c) Libraries;
(d) Museums and art galleries;
(e) Social service facilities;
(f) Public services;
(g) Artist studios;
(h) Music venues;
(i) Cafes and bistros;
(j) Live-work units;
(k) Bed and breakfast inn;
(l) Other uses not listed above if determined through the review process to be compatible with surrounding properties and the immediate vicinity.
(5) Review Criteria. The following criteria shall be used as the basis for determining compatibility with surrounding uses and approving, denying, or conditionally approving a request to allow the adaptive reuse of a nonresidential building in a residential zone:
(a) The adaptive reuse would promote or aid in the preservation or rehabilitation of the primary building.
(b) No significant impacts to public safety.
(c) Compliance with noise, building and fire codes.
(d) Hours of the day of proposed use or activity are compatible with surrounding uses.
(e) Proposed management and operational procedures to minimize and mitigate potential impacts.
(f) Other factors not specified herein that would create a conflict with the surrounding uses, or uses that are permitted in the zone.
(g) 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.
(6) Actions Authorized.
(a) Approval. The city may approve a proposal that is found to be compatible with surrounding land uses.
(b) Denial. Any proposal that would be incompatible with or adversely affect properties in the immediate vicinity shall be denied.
(c) 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. (Ord. 3366 § 42 (Exh. PP), 2025; Ord. 3352 § 45 (Exh. PP), 2025; Ord. 3207 § 5, 2022).
(1) Interpretation of Table.
(a) Subsection (2) of this section contains general density and dimension standards for the various zones and limitations specific to a particular zone(s). Additional rules and exceptions, and methodology, are set forth in MMC 22C.010.100 through 22C.010.250.
(b) The density and dimension table is arranged in a matrix format and is delineated into different dimensional categories.
(c) Development standards are listed down the left side of the table, and the zones are listed at the top. The matrix cells contain the minimum dimensional requirements of the zone. The parenthetical numbers in the matrix identify specific requirements applicable either to a specific use or zone 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.
(2) General Densities and Dimension Standards.
| NR-4.5 | NR-6.5 | R-12 (13) | R-18 (13) | R-28 (13) | WR-R-6-18 (13)(16)(17) |
|---|---|---|---|---|---|---|
Base density: Dwelling unit or lot/acre (1)(3)(7) | 4.5 du or lot/ac | 6.5 du or lot/ac | 12 du or lot/ac | 18 du or lot/ac | 28 du or lot/ac | 6 du or lot/ac (detached sf); 10 du or lot/ac (multifamily and townhouses) |
Minimum density: Dwelling unit or lot/acre (19) | – | – | 8 du or lot/ac | 8 du or lot/ac | 8 du or lot/ac | 10 du or lot/ac |
Maximum density: Dwelling unit or lot/acre (2)(3) | 5.4 du or lot/ac | 7.8 du or lot/ac | 18 du or lot/ac | 27 du or lot/ac | 36 du or lot/ac | 18 du or lot/ac |
Minimum street setback (15) | 20 ft (8) | 20 ft (8) | 20 ft | 25 ft | 25 ft | 20 ft |
Minimum side yard setback | 5 ft (10) | 5 ft (10) | 10 ft (10, 11, 12) | 10 ft (10, 11, 12) | 10 ft (10) | 10 ft (10, 11, 12) |
Minimum rear yard setback | 20 ft | 20 ft | 25 ft | 25 ft | 25 ft | 25 ft |
Base height | 30 ft (18) | 30 ft (18) | 35 ft (5) | 45 ft (5) | 45 ft (5) | 35 ft (5) |
Maximum building coverage: Percentage (6) | 40% | 40% | 50% | 50% | 50% | 40% |
Maximum impervious surface: Percentage (6) | 45%; 50% | 45%; 50% | 70% | 70% | 75% | 70% |
Minimum lot area | 5,000 sq ft | 5,000 sq ft | – | – | – | – |
Minimum lot width (4) | 60 ft | 50 ft | 70 ft | 70 ft | 70 ft | 70 ft |
Minimum lot frontage on cul-de-sac, sharp curve, or panhandle (14) | 20 ft | 20 ft | – | – | – | – |
(Ord. 3366 § 43 (Exh. QQ), 2025; Ord. 3352 § 46 (Exh. QQ), 2025; Ord. 3057 § 4, 2017; Ord. 2852 § 10 (Exh. A), 2011).
(1) Base Density. The base density is the standard density allowed in the zone and indicates the number of dwelling units or lots allowed per net acre.
(2) Maximum Density. The maximum density for each zone indicates the maximum number of dwelling units or lots allowed per net acre.
(a) 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.
(b) 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.
(3) Exceptions. The following exceptions to the base density and maximum density provisions apply:
(a) Accessory Dwelling Units.
(i) A maximum of two accessory dwelling units are allowed per lot accessory to a detached single-family residence pursuant to MMC 22C.185.020, Table 1.
(b) Middle housing, as defined in MMC 22A.020.140, is allowed for all lots zoned predominantly for residential use as follows:
(i) Middle housing is subject to the maximum number of lots allowed for the zone; however, it is allowed a greater unit density as shown in the table below:
Lot circumstances | Unit Density (as defined in MMC 22A.020.220) | Additional Provisions |
|---|---|---|
Residentially zoned lot | Two |
|
Residentially zoned lot located within one-quarter mile walking distance to a major transit stop | Four | Major transit stop is defined in MMC 22A.020.140. |
Residentially zoned lot with one dwelling unit of affordable housing | Four | To qualify as affordable housing, the provisions in MMC 22C.010.400 must be met. |
(ii) The unit density allowance applies to the parent lot prior to any unit lot subdivision.
(iii) Multiple middle housing structures may be allowed per lot up to the allowed unit density specified in the table above. For example, two duplexes (four total dwelling units) may be allowed per lot that either is located within one-quarter mile of a major transit stop or when one affordable housing unit is provided.
(iv) Accessory dwelling units apply to the total allowed unit density for the lot (i.e., are not allowed in addition to the specified units per lot).
(v) The unit density detailed in this table for proximity to transit and provision of affordable housing are discrete options. If a lot has both proximity to transit and provides affordable housing, the total unit density remains at four unless otherwise allowed by code.
(vi) Unless zoning permitting higher densities or intensities applies.
(vii) Currently the city of Marysville is a Tier 2 city pursuant to RCW 36.70A.635(1)(a). The city will need to comply with the Tier 1 standards in RCW 36.70A.635(1)(b) one year after the city’s comprehensive plan implementation progress report is due pursuant to RCW 36.70A.130(9)(a).
(c) The absence of water or sewer service may limit redevelopment or additional development until such time sewer infrastructure improvements are made.
(4) Reserved.
(5) Base Height.
(a) 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.
(b) 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.
(6) Applies to Each Individual Lot.
(a) 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.
(b) Building coverage and impervious surface area standards for:
(i) Regional uses shall be established at the time of permit review; or
(ii) Nonresidential uses in residential zones shall comply with MMC 22C.010.250.
(7) Mobile home parks shall comply with the density and dimensional standards set forth in Chapter 22C.230 MMC.
(8) On a case-by-case basis, the street setback may be reduced to 10 feet; provided, that at least 20 linear feet of driveway are provided between any garage, carport, or other fenced parking area and the street property line, or the lot takes access from an alley. The linear distance shall be measured in a straight line from the nearest point of the garage, carport or fenced area to the access point at the street property line. In the case of platted lots, no more than two consecutive lots may be reduced to 10 feet.
(9) Residences shall have a setback of at least 50 feet from any property line if adjoining an agricultural zone either within or outside the city limits.
(10) For townhouses (non-middle housing) or apartment developments, the setback shall be the greater of:
(a) Twenty feet along any property line abutting the NR-4.5 and NR-6.5 zones; or
(b) 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.
(11) Townhouse setbacks are reduced to zero on an interior side yard setback where the units have a common wall for zero lot line developments.
(12) Townhouse setbacks are reduced to five feet on side yard setbacks provided the buildings meet a 10-foot separation between structures.
(13) Single-family detached units and middle housing on individual lots within the R-12 through R-28 and WR-R-6-18 zones may utilize the base density for the underlying zone; provided, that lots shall be subject to a 50 percent building coverage, 65 percent impervious coverage, 4,000-square-foot minimum lot size, 40-foot lot width, and the setback requirements of the neighborhood residential 6.5 (NR-6.5) zone. Single-family residences and duplexes may be up to 35 feet tall; provided, that, abutting the neighborhood residential zoned properties, the building height must either be reduced to 30 feet, or the setback adjacent to the neighborhood residential zoned properties must be increased by five feet.
(14) Provided that the front yard setback shall be established as the point at which the lot meets the minimum width requirements. On a case-by-case basis, the street setback may be reduced to the minimum of 20 feet; provided, that the portion of the structure closest to the street is part of the “living area,” to avoid having the garage become the predominant feature on the lot.
(15) Subject to MMC 22A.020.130, subsection (1)(a) of the definition of “lot lines.”
(16) Required landscaping setbacks for developments on the north side of Soper Hill Road are 25 feet from the edge of sidewalk.
(17) Projects with split zoning (two or more distinct land use zones) may propose a master site plan to density average at the zone edge or modify the zone boundaries using topography, access, critical areas, or other site characteristics in order to provide a more effective transition between land uses and zones. Approval is at the discretion of the community development director.
(18) In order to accommodate a daylight basement or tuck-under garage, the base height for the principal dwelling may be increased to 35 feet on lots with a 10 percent or greater slope within the building’s footprint.
(19) The minimum densities are the minimum number of dwelling units which must be constructed per net acre. The director may waive the minimum density requirement for sites with unique size, shape, topography, location, critical areas encumbrance, distance from utilities, or other feature(s) that precludes the minimum density being achieved. In addition, an applicant intending to construct only one residence may also receive relief from the minimum density requirements; provided, that the residence is sited in such a manner that future development is not precluded. A written justification must be provided by the applicant for all requests for relief from minimum density requirements and is subject to director approval. (Ord. 3366 § 44 (Exh. RR), 2025; Ord. 3352 § 47 (Exh. RR), 2025; Ord. 3057 § 5, 2017; Ord. 3054 § 9, 2017; Ord. 2852 § 10 (Exh. A), 2011).
The following provisions shall be used to determine compliance with this title:
(1) Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround or, in the case of a substandard street, the setbacks shall be measured from the edge of the ultimate right-of-way section planned for the street, except as provided by MMC 22C.010.200;
(2) Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation, five-foot (or less) wide pedestrian walkways or surface water retention/detention facilities. (Ord. 2852 § 10 (Exh. A), 2011).
Permitted number of dwelling units or lots shall be determined as follows:
(1) Dwelling Units or Lots per Acre. The allowed dwelling units or lots per acre is calculated as follows:
(a) Step 1: Calculate the net acreage by using the “net project area” definition in MMC 22A.020.150, “N” definitions.
(b) 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.
(c) Step 3: When calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows:
(i) Fractions of 0.50 or above shall be rounded up; and
(ii) Fractions below 0.50 shall be rounded down.
(2) Middle housing is subject to the maximum number of lots allowed for the zone set forth in MMC 22C.010.080; however, it is allowed a greater unit density as specified in the table 22C.010.090(3)(b)(i).
(3) The provisions in subsection (1) of this section apply to lots which will be subdivided. Existing, legal lots under MMC 22C.010.140 and reasonable use lots under MMC 22E.010.410 are not subject to the calculation above. (Ord. 3366 § 45 (Exh. SS), 2025; Ord. 3352 § 48 (Exh. SS), 2025; Ord. 2852 § 10 (Exh. A), 2011).
(1) Critical areas and their buffers may be used for calculation of allowed residential density whenever two or more residential lots or dwelling units are created subject to the on-site density transfer provisions outlined in MMC 22E.010.360; provided, that critical areas and buffers must be placed in a tract or easement for permanent protection.
(2) The net project area of a multiple-family or single-family site may be used in the calculation of allowed residential density. (Ord. 3366 § 46 (Exh. TT), 2025; Ord. 3352 § 49 (Exh. TT), 2025; Ord. 2852 § 10 (Exh. A), 2011).
Any portion of a lot that was required to calculate and ensure compliance with the standards and regulations of this title shall not be subsequently subdivided or segregated from such lot except as allowed under the unit lot subdivision provisions set forth in Chapter 22G.095 MMC. (Ord. 3366 § 47 (Exh. UU), 2025; Ord. 3352 § 50 (Exh. UU), 2025; Ord. 2852 § 10 (Exh. A), 2011).
Except as provided for in Chapter 22G.080 MMC:
(1) In residential zones, a single-family dwelling or middle housing may be established on an existing vacant lot which cannot satisfy the minimum lot size or width requirements of this chapter, provided the following criteria are met:
(a) 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
(b) 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
(c) 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. (Ord. 3366 § 48 (Exh. VV), 2025; Ord. 3352 § 51 (Exh. VV), 2025; Ord. 2852 § 10 (Exh. A), 2011).
When a building or use is required to maintain a specific setback from a property line or other building, such setback shall apply only to the specified building or use. (Ord. 2852 § 10 (Exh. A), 2011).
The following setback modifications are permitted:
(1) When the common property line of two lots is covered by a building(s), the setbacks required by this chapter shall not apply along the common property line.
(2) When a lot is located between lots having nonconforming street setbacks, the required street setback for such lot may be the average of the two nonconforming setbacks or 60 percent of the required street setback, whichever results in the greater street setback.
(3) When a base station or WCF equipment is proposed for placement on private property abutting ROW, the setback may be administratively reduced, provided the application demonstrates good cause for such reduction and adequate area for screening and landscaping is provided. (Ord. 2852 § 10 (Exh. A), 2011).
(1) In subdivisions and short subdivisions, areas used as regional utility corridors shall be contained in separate tracts.
(2) In other types of land development permits, easements shall be used to delineate such corridors.
(3) All buildings and structures shall maintain a minimum distance of five feet from property or easement lines delineating the boundary of regional utility corridors, except for utility structures necessary for the operation of the utility corridor. (Ord. 3366 § 49 (Exh. WW), 2025; Ord. 3352 § 52 (Exh. WW), 2025; Ord. 2852 § 10 (Exh. A), 2011).
Structures may be built to five feet of the property line on lots adjacent to a private road or access easement. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Structures may be built to five feet of the property line abutting an alley, except as provided in subsection (2) of this section.
(2) Vehicle access points from garages, carports or fenced parking areas shall be set back a minimum of 10 feet from the lot line abutting an alley, except where the access point faces an alley with a right-of-way width of 10 feet, in which case the garage, carport, or fenced parking area shall not be located within 20 feet from the rear lot line. No portion of the garage or the door in motion may cross the property line.
(3) Rear setbacks for detached accessory structures located in the downtown neighborhood may be reduced as set forth in MMC 22C.180.020(2). (Ord. 3366 § 50 (Exh. XX), 2025; Ord. 3352 § 53 (Exh. XX), 2025; Ord. 2852 § 10 (Exh. A), 2011).
(1) In addition to providing the standard street setback, a lot adjoining a half-street or designated arterial shall provide an additional width of street setback sufficient to accommodate construction of the planned half-street or arterial.
(2) The garage setback shall be measured from the edge of the temporary cul-de-sac as constructed. When the temporary cul-de-sac is removed, the setbacks for the structure may be measured from the property line. (Ord. 3366 § 51 (Exh. YY), 2025; Ord. 3352 § 54 (Exh. YY), 2025; Ord. 2852 § 10 (Exh. A), 2011).
Projections may extend into required setbacks as follows:
(1) Fireplace structures including eaves and factory-built garden or bay windows may project into any setback, provided such projections are:
(a) Limited to two per facade;
(b) Not wider than 10 feet; and
(c) Not more than 24 inches into a side setback or 30 inches into a front or rear setback;
(2) Uncovered porches and decks, including stairs or ramps, which exceed 30 inches above the finished grade may project:
(a) Eighteen inches into side setbacks; and
(b) Five feet into the front or rear setback;
(3) Uncovered porches and decks not exceeding 30 inches above the finished grade, and uncovered accessory structures such as mechanical equipment, play structures, and tennis courts, may project to the property line; provided, that with the exception of uncovered porches and decks, the front property line setback for the zone shall be observed;
(4) Eaves may not project more than:
(a) Twenty-four inches into a side setback;
(b) Thirty-four inches into a front or rear setback; or
(c) Eighteen inches across a lot line in a zero lot line development.
(5) Accessory structures such as flagpoles and lampposts shall be set back a minimum of five feet from all property lines, provided:
(a) They are not located within a utility or access easement; and
(b) Flags are not displayed in a manner that would cause the flag to encroach onto a neighboring property. (Ord. 3366 § 52 (Exh. ZZ), 2025; Ord. 3352 § 55 (Exh. ZZ), 2025; Ord. 3054 § 10, 2017; Ord. 2852 § 10 (Exh. A), 2011).
(1) Flagpoles may be up to 25 feet tall in all single-family zones, and up to 35 feet tall in all multifamily zones; provided, that flagpoles on multifamily zoned properties developed with single-family residences or middle housing shall be limited to 25 feet tall. Exception: flagpoles on single-family and multifamily zoned properties that are 40,000 square feet or greater in size and developed with single-family residences or middle housing may be up to 35 feet tall; provided, that setbacks that are equivalent to the height of the flagpole are maintained from all property lines.
(2) The following structures may be erected above the height limits of MMC 22C.010.080:
(a) Roof structures housing or screening elevators, stairways, tanks, ventilating fans or similar equipment required for building operation and maintenance; and
(b) Fire or parapet walls, skylights, chimneys, smokestacks, church steeples, and utility line towers and poles. (Ord. 3366 § 53 (Exh. AAA), 2025; Ord. 3352 § 56 (Exh. AAA), 2025; Ord. 3054 § 11, 2017; Ord. 2852 § 10 (Exh. A), 2011).
When a lot is divided by a zone boundary, the following rules shall apply:
(1) When a lot contains both residential and nonresidential zoning, the zone boundary between the zones shall be considered a lot line for determining permitted building height and required setbacks on the site;
(2) When a lot contains residential zones of varying density, any residential density transfer within the lot shall only be allowed from the portion with the lesser residential density to that of the greater residential density; and
(3) Uses on each portion of the lot shall only be those permitted in each zone pursuant to this chapter and Chapter 22C.020 MMC. (Ord. 2852 § 10 (Exh. A), 2011).
Except for traffic control signs, the following sight distance provisions shall apply to all intersections and site access points:
(1) A sight distance triangle area per city standards shall contain no fence, berm, vegetation, on-site vehicle parking area, signs or other physical obstruction between 30 inches and eight feet above the existing street grade.
Note: The area of a sight distance triangle between 30 inches and eight feet above the existing street grade shall remain open.
(2) The community development director or city engineer may require modification or removal of structures or landscaping located in required street setbacks, if:
(a) Such improvements prevent adequate sight distance to drivers entering or leaving a driveway; and
(b) No reasonable driveway relocation alternative for an adjoining lot is feasible. (Ord. 2852 § 10 (Exh. A), 2011).
Except for utility facilities and regional land uses listed in MMC 22C.010.060, all nonresidential uses located in residential zones shall be subject to the following requirements:
(1) Building coverage shall not exceed:
(a) Fifty percent of the site in the R-4.5, R-6.5, R-8 and WR-R-4-8 zones.
(b) Sixty percent of the site in the R-12, R-18, R-28 and WR-R-6-18 zones.
(2) Impervious surface coverage shall not exceed:
(a) Seventy percent of the site in the R-4.5, R-6.5, R-8 and WR-R-4-8 zones.
(b) Eighty percent of the site in the R-12, R-18, R-28 and WR-R-6-18 zones.
(3) Buildings and structures, except fences and wire or mesh backstops, shall not be closer than 30 feet to any property line, except as provided in subsection (4) of this section.
(4) A single detached dwelling unit allowed as accessory to a church or school shall conform to the setback requirements of the zone.
(5) Parking areas are permitted within the required setback area from property lines, provided such parking areas are located outside of the required landscape area.
(6) Sites shall abut or be accessible from at least one public street functioning at a level consistent with city of Marysville street design standards. New high school sites shall abut or be accessible from a public street functioning as an arterial per the city of Marysville design standards.
(7) The base height shall conform to height limitation of the zone in which the use is located. (Ord. 2852 § 10 (Exh. A), 2011).
MMC 22C.010.255 through 22C.010.400 apply to new single-family, middle housing, townhouse, and multifamily residential development as applicable. The purpose of these sections is to:
(1) Encourage the realization and creation of a desirable and aesthetic environment in the city of Marysville;
(2) Encourage and promote development which features amenities and excellence in site planning, streetscape, building design and contribution to community charm;
(3) Encourage creative approaches to the use of land and related physical developments;
(4) Minimize incompatible and unsightly surroundings and visual blight which prevent orderly community development;
(5) Reinforce streets as public places that encourage pedestrian and bicycle travel;
(6) Reduce opportunities for crimes against persons and property;
(7) Minimize land use conflicts and adverse impacts;
(8) Provide roadway and pedestrian connections between residential and commercial areas;
(9) Provide public places and open space networks to create gateways, gathering places, and recreational opportunities that enhance the natural and built environment;
(10) Minimize the rate of crime associated with persons and property and provide for the highest standards of public safety through the implementation of crime prevention through environmental design (CPTED) principles in design review. (Ord. 3366 § 54 (Exh. BBB), 2025; Ord. 3352 § 57 (Exh. BBB), 2025; Ord. 2852 § 10 (Exh. A), 2011).
(1) Applicability.
(a) 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.
(b) 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.
(c) The following activities shall be exempt from these standards:
(i) Construction activities which do not require a building permit;
(ii) Interior remodels of existing structures;
(iii) Modifications or additions to existing multifamily and public properties when the modification or addition:
(A) Constitutes less than 10 percent of the existing horizontal square footage of the use or structure; and
(B) Constitutes less than 10 percent of the existing building’s exterior facade.
(2) Interpreting and Applying the Design Standards.
(a) These standards capture the community visions and values as reflected in the comprehensive plan’s neighborhood planning areas. The city’s community development director (hereinafter referred to as director) retains full authority to determine whether a proposal meets these standards. The director is authorized to promulgate guidelines, graphic representations, and examples of designs and methods of construction that do or do not satisfy the intent of these standards.
(b) Within these standards, certain words are used to indicate the relative importance and priority the city places upon a particular standard.
(i) The words “shall,” “must,” and “is/are required” mean that the development proposal must comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance; or
(B) The development proposal meets the intent of the standards in some other manner.
(ii) The word “should” means that the development proposal will comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance;
(B) The development proposal meets the intent of the standards in some other manner; or
(C) There is convincing evidence that applying the standard would not be in the public interest.
(iii) The words “is/are encouraged,” “can,” “consider,” “help,” and “allow” mean that the action or characteristic is allowed and will usually be viewed as a positive element in the city’s review.
(c) 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. (Ord. 3366 § 55 (Exh. CCC), 2025; Ord. 3352 § 58 (Exh. CCC), 2025; Ord. 3245 § 1 (Exh. A), 2022; Ord. 2852 § 10 (Exh. A), 2011).
In any PRD, interior setbacks may be modified during subdivision, short subdivision, or binding site plan review as follows:
If a building is proposed to be located within a normally required interior setback:
(1) An easement shall be provided on the abutting lot of the subdivision that is wide enough to ensure a 10-foot separation between the walls of structures on adjoining lots, except as provided for common wall construction;
(2) The easement area shall be free of structures and other obstructions that would prevent normal repair and maintenance of the structure’s exterior;
(3) Buildings utilizing reduced setbacks shall not have doors that open directly onto the private yard areas of abutting property. Windows in such buildings shall not be oriented toward such private yard areas unless they consist of materials such as glass block, textured glass, or other opaque materials, and shall not be capable of being opened, except for clerestory-style windows or skylights; and
(4) The final plat, short plat, or binding site plan map shall show the approximate location of buildings proposed to be placed in a standard setback area. (Ord. 3366 § 56 (Exh. DDD), 2025; Ord. 3352 § 59 (Exh. DDD), 2025; Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. The purpose of this section is to:
(a) Provide a housing type that responds to changing household sizes and ages (e.g., retirees, small families, single-person households);
(b) Provide opportunities for ownership of small, detached units within a single-family neighborhood;
(c) Encourage creation of more usable space for residents of the development through flexibility in density and lot standards;
(d) Support the growth management goal of more efficient use of urban residential land; and
(e) Provide guidelines to ensure compatibility with surrounding uses.
(2) Applicability. Cottage housing developments are allowed in residential zones.
(3) Review Process.
(a) 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
(b) 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.
(4) Accessory Uses. The following accessory uses are permitted within cottage housing developments:
(a) 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).
(b) Garages or carports as outlined in subsection (11) of this section.
(c) Community gardens, play structures, and similar amenities for use of the occupants of the cottage housing development.
(5) Accessory Dwelling Units. Accessory dwelling units and/or extended-family dwelling units are not allowed in cottage housing developments.
(6) Density and Dimensions.
.
Density (dwelling unit or lot/acre) | 2 times the base density of the underlying zone (a) |
Minimum lot size, or minimum land area allocation per cottage | 2,000 square feet (b) |
Development size | Minimum 4 cottage units. Maximum 12 cottage units per grouping. Development may contain multiple groupings. |
Minimum front setback or yard | 10 feet(c) |
Minimum side setback or yard | 5 feet(d), (e) |
Minimum rear setback or yard | 10 feet(c), (d) |
Minimum setback from critical area buffers, or critical areas, if no buffer is required | 15 feet |
Maximum impervious coverage: percentage | 60 percent(f) |
(a) Density shall be calculated pursuant to MMC 22C.010.110, Calculations – Allowable dwelling units.
(b) 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.
(c) 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.
(d) 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.
(e) There shall be a minimum separation of six feet between principal structures; provided, that:
(i) Where cottages will be subdivided onto individual lots, a five-foot side yard setback from the property line and 10 feet of structure separation shall be provided;
(ii) When there is a principal entrance on an interior facade of either or both of the facing facades, the minimum separation shall be 10 feet; and
(iii) When there is a principal entrance along a side facade, the side yard shall be no less than 10 feet.
(f) The impervious surface coverage allowances apply to the overall development site (when subdivision is not proposed), or to the individual lots.
(7) Cottage Size, Height, and Porch Dimensional Standards.
Maximum cottage main floor area | 800 square feet(a) |
Maximum cottage total floor area | 1-1/2 times the area of the main floor or 1,200 square feet, whichever is less. |
Height | 18 feet 23 feet (to ridge of pitched roof with minimum slope of 4:12) 28 feet (to ridge of pitched roof with minimum slope of 6:12) All parts of roof above 18 feet must be pitched. |
Porch (primary) | Primary entry: 60 square feet Minimum dimension: 6 feet |
Porch (secondary) | Secondary entry: 36 square feet Minimum dimension: 6 feet |
(a) Cottage floor area shall be subject to the following standards:
(i) Floor area shall be the sum of the gross horizontal areas of the floors of the cottage, measured from the exterior faces of exterior walls and from the centerline of division walls. Enclosed space in a cottage located either above the main floor and more than 12 feet above finished grade, or below the main floor, shall be limited to no more than 50 percent of the enclosed space of the main floor, or 400 square feet, whichever is less. This restriction applies regardless of whether a floor is proposed in the enclosed space, but shall not apply to attic or crawl spaces (less than six feet in height).
(ii) Attached garages shall be included in the calculation of total floor area.
(iii) Areas that do not count as total floor area are:
(A) Unheated storage space located under the main floor of the cottage.
(B) Attached roofed porches and uncovered attached porches, decks, and balconies.
(C) Detached garages or carports.
(D) Spaces with ceiling height of six feet or less measured to the exterior walls, such as a second floor area under the slope of a roof.
(iv) The total square foot area of a cottage dwelling unit may not be increased. A note shall be placed on the title to the property for the purpose of notifying future property owners that any increase in the total square footage of a cottage is prohibited for the life of the cottage or the duration of city cottage regulations.
(8) Cottage Orientation and Open Space Standards. Cottages shall meet the following orientation and open space standards:
(a) 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.
(b) Cottages shall be oriented around and have their main entry from the common open space.
(c) Each cottage shall abut the common open space, and the common open space shall have cottages abutting at least two sides.
(d) 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).
(i) Private and common open space must be calculated separately (i.e., private open space does not count towards common open space, and common open space does not count towards private open space);
(ii) All open space must be usable and located at ground level. Critical areas and buffers shall not count towards open space;
(iii) Setbacks shall not be counted as either private or common open space unless the setback abuts a designated common open space area, in which case the setback area may meet both setback and private open space requirements.
(e) Private open space shall:
(i) Be located in a contiguous area and abut the cottage it serves;
(ii) Be oriented towards the common open space as much as possible;
(iii) Have no horizontal dimension less than 10 feet; and
(iv) A fence or hedge not to exceed three and one-half feet high may separate private open space from common open space.
(f) Common open space shall:
(i) Be provided in a contiguous area to the extent feasible;
(ii) Be allocated so that at least 50 percent of the common open space for a grouping of cottages is located centrally among the grouping of cottages; and
(iii) Have no horizontal dimension less than 15 feet.
(9) Building Design Standards – Including Garages/Parking Structures. The purpose of the design standards is to: encourage variety and visual interest in new residential development in a manner that is compatible with the neighborhood character; ensure the scale of the cottages is proportional to their lot and parcel size, provide landscaping between new and existing development to buffer and provide a transition, enhance the building and site appearance, and maintain the quality of the neighborhood.
(a) 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.
(b) 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.
(c) 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.
(i) Varied and Interesting Rooflines. Varied and interesting rooflines must be provided which include use of varied pitched roof styles, gables, or dormers. Roof breaks or step-downs are encouraged and can be used to reduce required setbacks adjacent to parcel boundaries.
(ii) Separation of Identical Buildings and Elevations. Units of identical elevation types must be separated by at least two different elevations. This will result in at least three different building elevation plans per cluster. No two adjacent structures shall be built with the same building elevation (reverse elevations do not count as a different building elevation), facade materials, or colors.
(iii) Different Roof, Window Design and Entries. Provide differing roof forms, gables or dormers. Roof overhangs a minimum of six inches are required. Different window design, entry treatments and base treatments shall be utilized to help achieve variety.
(iv) Corner Lot Cottages. Cottages on corner lots shall be architecturally designed to provide modulation and detail on both frontages. Examples of modulation include use of bay windows, wrapped porches, and dormers.
(v) Open and Closed Cottages Along Private Side Yards. Private side yards are an important element in cottage development. The side yard is typically designated to a particular cottage (like zero lot line homes) and this cottage should be open to the side yard using doors, windows or a wrapped porch. The adjacent cottage having a closed side and window placement is an essential part of the design to achieve this relationship.
(d) 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:
(i) Variation in building type and plans.
(ii) Variation in layout and orientation.
(iii) Variation in building materials, mixture and texture.
(A) Vertical Changes. Changes in materials in a vertical wall shall occur at an internal corner or a logical transition such as aligning with a window edge or chimney.
(B) Horizontal Changes. Transition in materials on a wall surface, such as shingle or lap siding, shall be required to have a material separation, such as a trim band board.
(C) Acceptable Exterior Wall Material. Wood, cement fiberboard, stucco, standard sized brick and stone may be used. Simulated stone, wood, or brick may be used to detail homes.
(D) Trim. Trim may be wood, cement fiberboard, stucco, or stone materials. Trim is required around all doors and windows. The trim must be three and one-half inches minimum and be used on all elevations.
(iv) Building modulation.
(v) Building intervals and articulation.
(vi) Varying roof shapes, pitches and gables.
(vii) Varied roof heights and roof breaks or roof extensions.
(viii) Dormers.
(ix) Window trim and mullions.
(x) Bay windows or bump outs.
(xi) Entry enhancement.
(xii) Porches and patios. (Porches with railings preferred.)
(xiii) Use of varied siding, trim and base colors.
(xiv) At a minimum use bottom and top material treatment and if recommended use tripartite architecture.
(xv) Chimney or tower.
(xvi) Trellis.
(xvii) Belly bands, brackets/braces.
(xviii) Other building elements and the combined use of the above shall be approved by the planning director.
(10) Site Access Standards. Access to the cottage housing development shall be provided as follows:
(a) 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.
(b) 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.
(c) 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:
(i) Safe, aesthetically pleasing pedestrian travel is provided throughout the development.
(ii) Pedestrian travel within the development shall be tied to pedestrian travel routes outside the development, actual and/or planned.
(iii) Reduction of planter strips shall require additional equivalent or greater landscaping to benefit the development.
(iv) Any proposed modifications shall allow for efficient flow and movement of automobiles and pedestrians without negatively altering or constraining their movement.
(d) 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.
(11) Parking Standards. Parking shall meet the following standards:
(a) 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.
(b) Parking stalls, garages and carports must be screened from public streets or abutting residential properties.
(c) Parking stalls, garages and carports shall be located in the following preferential order:
(i) To the rear of the units accessed off an alley;
(ii) To the side of the units accessed by a private driveway; or
(iii) A garage, landscaping, and/or fencing shall screen parking next to a side street.
(d) Parking stalls, garages and carports must meet the front yard setback requirements outlined in subsection (6) of this section.
(e) 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.
(f) 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.
(g) Garages and carports shall be located so their visual presence is minimized, and associated noise or other impacts do not intrude into public spaces.
(h) The architectural design of all garages and carports must be similar and compatible to that of the cottage dwelling units within the development.
(i) 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.
(j) A six-single-vehicle-stall garage or carport is the maximum number allowed in any garage or carport.
(k) 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.
(12) Screening Standards.
(a) 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.
(b) Yard and open space fencing within the cottage housing development shall not exceed three and one-half feet tall.
(c) Trash and Recycling Container Enclosure and Landscape Screening. All dumpster containers, individual refuse containers, and trash compactors shall be enclosed per the following standards:
(i) All loading, trash, recycling and storage areas shall be located so they are not visible from streets and will be concealed.
(ii) An architectural screen shall surround all sides except the access entry. Building walls of adjacent structures may be used to partially satisfy this requirement. Screen walls shall be a solid visual screen constructed out of metal, concrete, and/or masonry units; or other materials similar to the cottages and garage structures. Required gates and trellises, and other architectural screening elements, shall be designed so that they complement the surrounding buildings unless there is some overriding fire access issue.
(iii) A concrete slab shall be installed as the base material within the enclosure.
(13) Homeowners’ Association. A homeowners’ association and covenants are required for the maintenance of the common areas and buildings.
(14) Requests for Modifications to Standards. The community development director may approve minor modifications to the general parameters and design standards set forth in this chapter, provided the site is constrained due to unusual shape, topography, easements or sensitive areas.
(a) The modification is consistent with the objectives of this chapter.
(b) The modification will not result in a development that is less compatible with neighboring land uses. (Ord. 3366 § 57 (Exh. EEE), 2025; Ord. 3352 § 60 (Exh. EEE), 2025; Ord. 3265 § 4 (Exh. B), 2023; Ord. 3130 § 4 (Exh. B), 2019).
(1) Applicability.
(a) 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.
(b) 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.
(c) 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.
(2) Relationship of Buildings to Site and Street Front.
(a) The site shall be oriented and designed to create an attractive street edge and accommodate pedestrian access. The following provisions apply:
(i) The street edge shall be defined with buildings, landscaping or other features.
(ii) Primary building entrance(s) shall face the street unless it is not feasible due to parcel size, topography, environmental conditions, or other factors as determined by the director, and alternate design elements are incorporated into the facade which enliven the streetscape. Alternatively, for multifamily projects, building entries that face onto a courtyard which is oriented towards the street are acceptable.
(iii) Buildings with individual ground floor entries should face the street to the extent possible. Alternatively, for multifamily projects, configurations where entries face onto a courtyard or open space that is oriented to the street are acceptable.
(iv) Buildings shall provide windows that face the street to provide “eyes on the street” for safety. To meet this requirement, at least 15 percent of the facade facing the street shall be occupied by transparent windows or doors.
(v) Provide for a sidewalk at least five feet wide if there is not space in the public right-of-way.
(vi) Provide building entries that are accessed from the sidewalk; preferably these access ways should be separated from the parking and drive aisles. If access traverses the parking lot, then it should be raised and clearly marked.
(b) 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.
(c) The development shall create a well-defined streetscape to allow for the safe movement of pedestrians.
(d) 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.
(e) For multifamily residences, parking lots shall not be located at the intersection of public streets unless no feasible alternative location exists.

Figure 1 – Illustration of facade transparency requirements which enhance safety and the relationship to the street front.
(3) Relationship of Buildings and Site to Adjoining Area.
(a) 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.
(b) Harmony in texture, lines and masses is encouraged.
(c) Attractive landscape transition to adjoining properties shall be provided.
(d) Public and quasi-public buildings and structures shall be consistent with the established neighborhood character.
(4) Landscape and Site Treatment.
(a) 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:
(i) The landscape plan shall demonstrate visual relief from large expanses of parking areas.
(ii) The landscape plan shall provide some physical separation between vehicular and pedestrian traffic.
(iii) The landscape plan shall provide decorative landscaping as a focal setting for signs, special site elements, and/or pedestrian areas.
(iv) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.
(v) Where building sites limit planting, the placement of trees or shrubs in parkways or paved areas is encouraged.
(vi) Screening of outdoor service yards and other places which tend to be unsightly shall be accomplished by use of walls, fencing, planting, berms or combinations of these.
(vii) Landscaping should be designed to create definition between public and private spaces.
(viii) Where feasible, the landscape plan shall coordinate the selection of plant material to provide a succession of blooms, seasonal color, and a variety of textures.
(ix) The landscape plan shall provide a transition in landscaping design between adjacent sites, within a site, and from native vegetation areas in order to achieve greater continuity.
(x) The landscape plan shall use plantings to highlight significant site features and to define the function of the site, including parking, circulation, entries, and open spaces.
(xi) Where feasible, the landscape plan shall integrate natural approaches to storm water management, including featured low impact development techniques.
(b) Street Landscaping. Where the site plan includes streetscape plantings, the following guidelines apply:
(i) Sidewalks and pathways should be separated from the roadway by planting strips with street trees wherever possible.
(ii) Planting strips should generally be at least five feet in width. They should include evergreen shrubs no more than four feet in height and/or ground cover in accordance with the city of Marysville landscape standards (Chapter 22C.120 MMC) and Marysville administrative landscaping guidelines.
(iii) Street trees placed in tree grates may be more desirable than planting strips in key pedestrian areas.
(iv) Use of trees and other plantings with special qualities (e.g., spring flowers and/or good fall color) are strongly encouraged to unify development.
(c) 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:
(i) All public areas shall be lighted with average minimum and maximum levels as follows:
(A) Minimum (for low or nonpedestrian and vehicular traffic areas) of one-half foot candle;
(B) Moderate (for moderate or high volume pedestrian areas) of one to two foot candles; and
(C) Maximum (for high volume pedestrian areas and building entries) of four foot candles.
(ii) Lighting shall be provided at consistent levels, with gradual transitions between maximum and minimum levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and dark areas shall be avoided.
(iii) Parking lot lighting shall be subject to the provisions set forth in MMC 22C.130.050(3)(d).
(iv) Pedestrian-scale lighting (light fixtures no taller than 15 feet) is encouraged in areas with high anticipated pedestrian activity. All fixtures over 15 feet in height shall be fitted with a full cut-off shield, be dark sky rated, and mounted no more than 25 feet above the ground with lower fixtures preferable so as to maintain a human scale. Lighting shall enable pedestrians to identify a face 45 feet away in order to promote safety.
(v) Light levels at the property line should not exceed 0.1 foot candles (fc) adjacent to business properties, and 0.05 foot candles adjacent to residential properties. All building lights shall be directed onto the building itself and/or the ground immediately adjacent to it. The light emissions should not be visible above the roofline of the building. Light fixtures other than traditional cobra heads are encouraged.
(vi) Uplighting on trees and provisions for seasonal lighting are encouraged.
(vii) Accent lighting on architectural and landscape features is encouraged to add interest and focal points.
(5) Site Design Utilizing Crime Prevention through Environmental Design (CPTED) Principles. Development that is subject to this section shall incorporate the following CPTED strategies into building design and site layout:
(a) 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.
(b) 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.
(c) 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.
Examples of ways in which a proposal can comply with CPTED principles are outlined in the CPTED Guidelines for Project Design and Review, prepared by the city.
(6) Building Design – Human-Scale Standards. The human-scale standards are intended to encourage the use of building components that relate to the size of the human body, and to add visual interest to buildings. “Human scale” addresses the relationship between a building and the human body. Generally, buildings attain a good human scale when they feature elements or characteristics that are sized to fit human activities, such as doors, porches, and balconies. A minimum of three of the following human-scale building elements shall be incorporated into the new development:
(a) 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;
(b) Bay windows or other window treatments that extend out from the building face;
(c) At least 150 square feet of pedestrian-oriented space for each 100 lineal feet of building facade;
(d) First floor individual windows, generally less than 32 square feet per pane and separated from the windows by at least a six-inch molding;
(e) A porch or covered entry;
(f) Spatially defining building elements, such as a trellis, overhang, canopy, or other element, that defines space that can be occupied by people;
(g) Upper story setbacks, provided one or more of the upper stories are set back from the face of the building at least six feet;
(h) Composing smaller building elements near the entry of pedestrian-oriented street fronts of large buildings;
(i) Landscaping components that meet the intent of these standards; and/or
(j) 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.

Figure 2 – An example of balconies that have been integrated into the architecture of the building.
(7) Building Design – Architectural Scale. The architectural scale standards are intended to encourage compatibility of structures with nearby structures, to help the building fit in with its context, and to add visual interest to buildings.
(a) 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:
(i) Buildings with facades that are 30 feet or longer shall provide vertical modulation of the exterior wall that extends through all floors; provided, that where horizontal modulation is used different stories may be modulated at different depths.
(ii) The minimum modulation depth shall be five feet and the minimum modulation width for each modulation shall be 10 feet. On facades that are 100 feet or longer, the minimum depth of modulation shall be 10 feet and the minimum width for each modulation shall be 20 feet.
(iii) The minimum modulation depth identified in subsection (7)(a)(ii) of this section may be reduced to two feet if tied to a change in color or building materials, and/or roofline modulation as defined in subsection (7)(c) of this section.
(iv) The director may consider departures from these standards, provided the proposed treatment meets or exceeds the intent of these standards.
(b) 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:
(i) Repeating distinctive window patterns at intervals of no more than 30 feet (see Figure 3 below for an example).
(ii) Horizontal modulation (upper level step-backs) (see Figure 4). To qualify for this measure, the minimum horizontal modulation shall be five feet.
(iii) Balconies that are recessed or projected from the facade at least 18 inches and integrated with the building’s architecture as determined by the director.
(iv) Change of building materials.
(v) Articulation of the building’s top, middle, and bottom. This typically includes a distinctive ground floor or lower floor design, consistent articulation of middle floors, and a distinctive roofline (see Figures 3 and 4.)
(c) Roofline Modulation. Roofline modulation can be used in order to articulate the structure:
(i) In order to qualify as an articulation element in subsection (7)(b) of this section or in this subsection, the roofline shall meet the following modulation requirement (see Figure 5):
(A) For flat roofs or facades with horizontal eave, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of the wall) when combined with vertical building modulation techniques described in subsection (7)(a) of this section. Otherwise, the minimum vertical dimension of roofline modulation is the greater of four feet or 0.2 multiplied by the wall height.
(B) Buildings with pitched roofs must include a minimum slope of 5:12 and feature modulated roofline components at the interval required per the applicable standard above.

Figure 3 – Note the repeating distinctive window patterns and the articulation of the building’s top, middle and bottom.

Figure 4 – An example of articulating a building’s top, middle, and bottom by utilizing brick on the ground floor, defined window patterns and articulation treatments on upper floors, and a distinctive roofline.

Figure 5 – Roofline modulation standards.

Figure 6 – Example of good articulation for a multifamily building.
(8) Building Design – Entrances. The intent of the building entrances standards is to ensure that buildings are inviting and accessible, and to encourage pedestrian activity. The principal building entrances of all buildings shall feature the following improvements, unless the director determines an alternate technique better addresses the intent of these standards:
(a) 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.
(b) 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.
(c) 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.

Figure 7 – Weather protection that articulates the front facade is provided.

Figure 8 – Ground floor residential units directly accessible to the street with landscaping defining the entry.

Figure 9 – An example of unacceptable townhouse design where there is no landscaping adjacent to the entries.
(9) Building Design – Details. The building design details standards are intended to ensure that buildings have design interest at all observable distances and to enhance the architecture of multifamily buildings. At closer distances, the most important aspects of a building are its design details, texture of materials, quality of its finishes, and small, decorative elements. Multifamily building facades shall incorporate four architectural details, except that if option e below is used, only three architectural details must be used. Chosen details shall be compatible with the chosen architectural character of the building. Detail options include:
(a) Decorative porch design with distinct design and use of materials.
(b) 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.
(c) Landscaped trellises or other decorative element that incorporates landscaping near the building entry or entries.
(d) 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.
(e) Brick or stonework covering more than 10 percent of the facade.
(f) Decorative building materials that add visual interest, including:
(i) Individualized patterns or continuous wood details.
(ii) Decorative moldings, brackets, wave trim or lattice work.
(iii) Decorative brick or stonework (may be in addition to the brick or stonework credits noted above if they are arranged in a decorative manner that adds visual interest to the facade).
(iv) Other materials with decorative or textural qualities as approved by the director. The applicant must submit architectural drawings and material samples for approval.
(g) Decorative roofline design, including multiple gables and/or dormers or other design that adds distinct visual interest.
(h) Decorative railings, grill work, or terraced landscape beds integrated along the facade of the building.
(i) Decorative balcony design, such as distinctive railings.
(j) Other details that meet the intent of the standards as approved by the director.

Figure 10 – This building uses brick for more than 10 percent of the facade, a decorative mix of materials and colors, decorative entries, and decorative windows to add visual interest.
(10) Window Design for Residential Uses. Building facades shall employ techniques to recess or project individual windows above the ground floor at least two inches from the facade, or incorporate window trim at least four inches in width that features color that contrasts with the base building color. Exceptions will be considered by the director where buildings employ other distinctive windows or facade treatments that add visual interest to the building.

Figure 11 – Acceptable and unacceptable window treatments.
(11) Building Materials. The building materials standards are intended to encourage the use of a variety of high-quality, durable materials that will enhance the visual image of the city; provide visual interest and distinct design qualities; and promote compatibility and improvement within surrounding neighborhoods through effective architectural detailing and the use of traditional building techniques and materials. The following standards apply:
(a) Building exteriors shall be constructed from high-quality, durable materials. Building materials such as masonry, stone, lap-siding, and wood are encouraged.
(b) 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:
(i) Plywood siding (including T-111 or similar plywood). Board and batten is an exception.
(ii) Corrugated fiberglass.
(iii) Noncorrugated and highly reflective sheet metal.
(iv) Chain link fencing; provided, that the director may approve chain link fencing when it is integrated into the overall site design (chain link fencing is also allowed for temporary purposes such as a construction site, or as a gate for a refuse enclosure).
(12) Blank Walls. The blank wall standards are intended to: reduce the visual impact of large, undifferentiated walls; reduce the apparent size of large walls through the use of various architectural and landscaping treatments; enhance the character and identity of the city; and ensure that all visible sides of buildings provide visual interest. Blank walls visible from a public street, sidewalk, trail, interior pathway, or parking lot are prohibited.
(a) A wall (including building facades and other exterior building walls, retaining walls, and fences) is defined as a blank wall if:
(i) A ground floor wall or portion of a ground floor wall over four feet in height has a horizontal length greater than 15 feet and does not include a transparent window or door; or
(ii) Any portion of a ground floor wall having a surface area of 400 square feet or greater does not include a transparent window or door.
(b) 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:
(i) Incorporate transparent windows or doors;
(ii) Install a vertical trellis in front of the wall with climbing vines or plant materials sufficient to obscure or screen at least 60 percent of the wall’s surface within three years. For large blank wall areas, the trellis must be used in conjunction with other treatments described below;
(iii) Provide a landscaped planting bed at least five feet wide, or a raised planter bed at least two feet high and three feet wide in front of the wall. Plant materials must be able to obscure or screen at least 60 percent of the wall’s surface within three years;
(iv) Provide artwork (mosaic, mural, sculpture, relief, etc.) over at least 50 percent of the blank wall surface; and/or
(v) Other method as approved by the director. For example, landscaping or other treatments may not be necessary on a wall that employs high-quality building materials (such as brick) and provides desirable visual interest.
Figure 12 – Blank wall treatments.

Figure 13 – Terraced planting beds effectively screen a large blank wall.
(Ord. 2927 § 3, 2013; Ord. 2870 § 6, 2011; Ord. 2852 § 10 (Exh. A), 2011).
(1) On sites abutting an alley, developments shall have parking areas placed to the rear of buildings with primary vehicular access via the alley, except when waived by the planning director due to physical site limitations or where disallowed by the city’s engineering design and development standards.
(2) When alley access is available, and provides adequate access for the site, its use will be required unless determined to be infeasible or undesirable as determined by the community development director.
(3) When common parking facilities for residences exceed 30 spaces, no more than 50 percent of the required parking shall be permitted between the street property line and any building, except when authorized by the planning director due to physical site limitations.
(4) Direct parking space access to an alley may be used for parking lots with five or fewer spaces.. (Ord. 3366 § 58 (Exh. FFF), 2025; Ord. 3352 § 61 (Exh. FFF), 2025; Ord. 3265 § 5 (Exh. C), 2023; Ord. 2852 § 10 (Exh. A), 2011).
The provisions of this section apply to building permits for single-family dwellings and middle housing, excluding accessory dwelling units and cottage housing; review will be done through the building permit process.
(1) It is the intent of these development standards that single-family dwellings and middle housing be compatible with neighboring properties, friendly to the streetscape, and in scale with the lots upon which they are to be constructed. The director is authorized to promulgate guidelines, graphic representations, and examples of housing designs and methods of construction that do or do not satisfy the intent of these standards.
(2) Entry. Where lots front on a public street, the house shall have doors and windows which face the street. Houses should have a distinct entry feature such as a porch or weather-covered entryway with an entry feature that is at least 60 square feet with no dimension less than six feet.
The director may approve a street orientation or entryway with dimensions different than specified herein; provided, the entry visually articulates the front facade of the dwelling to create a distinct entryway, meets setback requirements, provides weather cover, has a minimum dimension of four feet, and is attached to the home.
(3) Alleys.
(a) 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.
(b) The minimum driveway length may be reduced to between six and zero feet for garages when the following conditions are met:
(i) An alley is provided for access;
(ii) At least one off-street parking space, in addition to any provided in the garage, is provided to serve that dwelling unit and the stall(s) is conveniently located for that particular dwelling; and
(iii) The applicable total parking stall requirement is met.
(c) The rear yard setback may be reduced to zero feet to accommodate the garage.
(d) 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.
(e) Dwellings with a wall facing an alley must provide at least one window facing the alley to allow observation of the alley.
(4) Auto Courts. Auto courts shall comply with the standards set forth in the city’s engineering design and development standards. Where a consolidated road results in superior site design, circulation, safety or access management, auto courts may be required to be minimized and a consolidated public road provided.
(5) Facade and Driveway Cuts. If there is no alley access and the lot fronts on a public or private street, living space equal to at least 50 percent of the garage shall be flush with or projected forward of the garage, and the dwelling shall have entry, window and/or roofline design treatment which emphasizes the house more than the garage. Where materials and/or methods such as modulation, articulation, or other architectural elements such as porches, dormers, gables, or varied roofline heights are utilized, the director or designee may waive or reduce the 50 percent standard. Driveway cuts shall be no more than 80 percent of the lot frontage; provided, that the director or designee may waive the 80 percent maximum if materials and/or methods to de-emphasize the driveway, such as ribbon driveways, grasscrete surface, or accent paving, are utilized.
(6) Privacy. Dwellings built on lots without direct frontage on the public street should be situated to respect the privacy of abutting homes and to create usable yard space for the dwelling(s). The review authority shall have the discretion to establish setback requirements that are different than may otherwise be required in order to accomplish these objectives.
(7) Individual Identity. Home individuality will be achieved by the following:
(a) Avoiding the appearance of a long row of homes by means such as angling houses, varied street setbacks, and varied architectural design features.
(b) 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.
(c) 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.
(d) 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.
(8) Landscaping. Landscaping of a size and type consistent with the development will be provided to enhance the streetscape. Landscaping will enhance privacy for dwellings on abutting lots and provide separation and buffering on easement access drives.
(9) Duplexes and Middle Housing. Duplexes and middle housing must be designed to architecturally blend with the surrounding single-family dwellings and not be readily discernible as a duplex or middle housing but appear to be a single-family dwelling, or must comply with the individual identity provisions in subsection (7) of this section where distinct units are proposed (e.g., side-by-side duplex or townhouse units). (Ord. 3366 § 59 (Exh. GGG), 2025; Ord. 3352 § 62 (Exh. GGG), 2025; Ord. 2898 § 12, 2012; Ord. 2852 § 10 (Exh. A), 2011).
The on-site open space and recreation space standards are intended to provide usable, accessible, and inviting open space for residents that enhances residential areas. Multifamily residential uses shall provide open space equivalent to at least
20 percent of the building’s gross floor area. The required area may be satisfied with one or more of the elements listed below:
(1) Common open space accessible to all residents shall count for up to 100 percent of the required open space. This includes landscaped courtyards or decks, gardens with pathways, children’s play areas, or other multipurpose recreational and/or green spaces. Special requirements and recommendations for common spaces include the following:
(a) Space shall be large enough to provide functional leisure or recreational activity area per the director. For example, long narrow spaces less than 20 feet wide rarely, if ever, can function as usable common open space.
(b) Consider space as a focal point of development.
(c) Open space, particularly children’s play areas, shall be visible from dwelling units, positioned near pedestrian activity, and be accessible to all units.
(d) Space shall feature paths, plantings, seating, lighting and other pedestrian amenities to make the area more functional and enjoyable.
(e) Individual entries shall be provided onto common open space from adjacent ground floor residential units. Small, semiprivate open spaces for adjacent ground floor units that maintain visual access to the common area are strongly encouraged to enliven the space.
(f) Separate common space from ground floor windows, streets, service areas and parking lots with landscaping and/or low-level fencing, where desirable.
(g) Space shall be oriented to receive sunlight, facing east, west, or (preferably) south, when possible.
(h) Required setbacks, landscaping, driveways, parking, or other vehicular use areas shall not be counted toward the common open space requirement; 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.
(i) Rooftops or rooftop decks shall not be considered as common open space for the purpose of calculating minimum open space area; provided, that the director may consider rooftops or rooftop decks as common open space where usable open space amenities are provided and available to all residents.
(j) Outdoor open space shall not include areas devoted to parking or vehicular access.
(2) The following amenities may be used to satisfy up to 50 percent of the open space requirement. A combination of these amenities may be provided in different ratios; provided, that (i) the total credit for any combination of the following amenities may not exceed 50 percent of the open space requirement, and (ii) the amount of the amenity provided is sufficient to achieve the purpose of the amenity as determined by the director:
(a) Individual balconies that provide a space usable for human activity. To qualify, the balconies shall be at least 36 square feet and have no dimension less than six feet.
(b) Natural areas that function as an amenity to the development, subject to the following requirements and recommendations:
(i) The natural area shall be accessible to all residents. For example, safe and attractive trails provided along or through the natural area where they could serve as a major amenity to the development.
(ii) Steep slopes, wetlands, or similar unbuildable areas shall not be counted in the calculations for required open space unless they provide a visual amenity for all units, as determined by the director.
(c) Storm water retention areas if the facility has natural-looking edges, natural vegetation, and no fencing except along the property line. The design of such areas shall go well beyond functional storm water requirements per the director in terms of the area involved and the quality of landscaping and resident amenities. The side slope of the storm water facilities shall not exceed a grade of 1:3 (one vertical to three horizontal) unless slopes are existing, natural, and covered with vegetation.

Figure 14 – Conditions for storm water to be counted as an amenity
(3) Children’s play equipment and recreational activity space for children and/or teens that include parent seating areas are required in residential complexes with 20 or more units.
Exceptions: age-restricted senior citizen housing; mixed use developments; developments reserved for student housing; and developments located within a quarter mile of safe walking distance to a public park that features a play area.
(4) Active recreation facilities may be provided instead of common open space, subject to the following:
(a) Active recreation facilities may include, but are not limited to, exercise rooms, sports courts, swimming pools, tennis courts, game rooms, or community centers; and
(b) Indoor recreation areas may be credited towards the total recreation space requirement, when the director determines that such areas are located, designed and improved in a manner which provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors.

Figure 15 – A residential courtyard providing semiprivate patio spaces adjacent to individual units.

Figure 16 – Balconies provide private, usable open space for residents.

Figure 17 – Children’s play area incorporated into a multifamily development.
(Ord. 3265 § 6 (Exh. D), 2023; Ord. 3193 § 11, 2021; Ord. 2927 § 4, 2013; Ord. 2852 § 10 (Exh. A), 2011).
Townhouses, middle housing, single-family, and ground-based multifamily residential units with individual exterior entries must provide at least 200 square feet of private open space per dwelling unit adjacent to, and directly accessible from, each dwelling unit. This may include private balconies, individual rear yards, landscaped front yards, and covered front porch areas.
Exception: Common open space designed in accordance with MMC 22C.010.320(1) may substitute for up to 50 percent of each unit’s required private or semiprivate open space on a square foot per square foot basis. 
Figure 18 – These townhouses provide balconies and semi-private yard space.

Figure 19 – Common open space for a townhouse development

Figure 20 – Example of townhouse configuration with a combination of private open spaces adjacent to units and larger common open space accessible to all units.
(Ord. 3366 § 60 (Exh. HHH), 2025; Ord. 3352 § 63 (Exh. HHH), 2025; Ord. 3265 § 7 (Exh. E), 2023; Ord. 2927 § 5, 2013; Ord. 2852 § 10 (Exh. A), 2011).
(1) Unless the open space or recreation space is dedicated to the city pursuant to subsection (2) of this section, maintenance of any open space or recreation space retained in private ownership shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the city.
(2) Open space or recreation space may be dedicated as a public park when the following criteria are met:
(a) The dedicated area is at least one and one-half acres in size, except when adjacent to an existing or planned public park;
(b) The dedicated land provides one or more of the following:
(i) Shoreline access;
(ii) Regional trail linkages;
(iii) Habitat linkages;
(iv) Recreation facilities; or
(v) Heritage sites;
(c) The entire dedicated area is located less than one mile from the project site. (Ord. 2927 § 6, 2013; Ord. 2852 § 10 (Exh. A), 2011).
Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of providing on-site open space or recreation space when a proposed development is located within one-quarter mile of an existing or proposed recreational facility; and, in the discretion of the director, the proposed recreation facility will be of greater benefit to the prospective residents of the development. (Ord. 3265 § 8 (Exh. F), 2023; Ord. 2927 § 7, 2013; Ord. 2852 § 10 (Exh. A), 2011).
City acceptance of this payment is discretionary, and may be permitted if:
(1) The proposed on-site recreation space does not meet the criteria of MMC 22C.010.340(2); or
(2) The recreation space provided within a public park in the vicinity will be of greater benefit to the prospective residents of the development. (Ord. 2927 § 8, 2013; Ord. 2852 § 10 (Exh. A), 2011).
Developments shall provide storage space for the collection of recyclables as follows:
(1) The storage space shall be provided at the rate of:
(a) 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;
(b) Two square feet per every 1,000 square feet of building gross floor area in office, educational and institutional developments.
(2) The storage space for residential developments shall be apportioned and located in collection points as follows:
(a) The required storage area shall be dispersed in collection points throughout the site when a residential development comprises more than one building.
(b) There shall be one collection point for every 30 dwelling units.
(c) Collection points may be located within residential buildings, in separate buildings/structures without dwelling units, or outdoors.
(d) Collection points located in separate buildings/structures or outdoors shall be no more than 200 feet from a common entrance of a residential building.
(e) 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.
(3) The storage space for nonresidential development shall be apportioned and located in collection points as follows:
(a) Storage space may be allocated to a centralized collection point.
(b) Outdoor collection points shall not be located in any required setback areas.
(c) 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.
(d) Access to collection points may be limited, except during regular business hours and/or specified collection hours.
(4) The collection points shall be designed as follows:
(a) Dimensions of the collection points shall be of sufficient width and depth to enclose containers for recyclables.
(b) 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.
(c) Collection points shall be identified by signs not exceeding two square feet.
(d) A six-foot wall or fence shall enclose any outdoor collection point.
(e) 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.
(f) Weather protection of recyclables shall be ensured by using weather-proof containers or by providing a roof over the storage area.
(5) Only recyclable materials generated on site shall be collected and stored at such collection points. Except for initial sorting of recyclables by users, all other processing of such materials shall be conducted off site. (Ord. 3265 § 9 (Exh. G), 2023; Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. The fence standards promote the positive benefits of fences without negatively affecting the community or endangering public or vehicle safety. Fences can create a sense of privacy, protect children and pets, provide separation from busy streets, and enhance the appearance of property by providing attractive landscape materials. The negative effects of fences can include the creation of street walls that inhibit police and community surveillance, decrease the sense of community, hinder emergency access and the safe movement of pedestrians and vehicles, and create an unattractive appearance.
(2) Types of Fences.
(a) The standards apply to walls, fences, trellises, arbors and screens of all types whether open, solid, wood, metal, wire, masonry or other material.
(b) No barbed or razor-wire fence shall be permitted, except for the following:
(i) Confinement of livestock.
(ii) Public facilities, transmitter and transformer sites.
(iii) Government installations where security or public safety is required.
(3) Height.
(a) Access Streets.
(i) Front lot line: Four feet solid or six feet if entirely open-work fence.
(ii) Side lot line: Six feet.
(iii) Rear lot line: Six feet.
(b) Arterial Streets.
(i) Front lot line: Six feet; provided, that the top two feet are constructed as an open-work fence.
(ii) Side lot line: Six feet.
(iii) Rear lot line: Six feet.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(4) Setbacks.
(a) Front Lot Line.
(i) Solid fences greater than four feet in height shall be set back at least 20 feet from the street right-of-way, except in the following circumstances:
(A) For a corner lot the 20-foot setback shall only apply to the street which provides primary access to the lot.
(B) This setback requirement may be waived or modified by the city engineer or his designee if a fence is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks.
(ii) A four-foot fence, or six-foot fence with the top two feet constructed as an open-work fence, may be constructed on the front property line, provided the fence is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks.
(b) Side lot line: No setback requirement.
(c) Rear lot line: No setback requirement.
(d) For special rules relating to fences and walls near fire hydrants, see MMC 14.03.050(2) and the International Fire Code.
(5) Fence Variances.
(a) 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.
(b) 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.
(c) 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:
(i) If the proposed fence is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks;
(ii) The proposed fence will not infringe upon or interfere with utility and/or access easements or covenant rights or responsibilities;
(iii) The increased fence height will not adversely affect adjacent property owners;
(iv) Fences greater than six feet in height are required to obtain a city building permit;
(v) Other information which is relevant and necessary to make a determination as to the validity of the request for variation. Such additional information may include site plans, elevation drawings, and information concerning the surrounding properties and uses.
(d) 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.
(e) 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. (Ord. 2898 § 5, 2012; Ord. 2852 § 10 (Exh. A), 2011).
Where a single lot or a combination of lots under single ownership is developed with more than one multiple-family residential building, such property shall not be subsequently subdivided except when each division thereof complies with all requirements of applicable city codes and ordinances. (Ord. 2852 § 10 (Exh. A), 2011).
(1) To qualify for additional units under the affordable housing provisions of MMC 22C.010.070(3), an applicant shall commit to renting or selling the required number of units as affordable housing and meeting the standards of subsections (2) through (6) of this section.
(2) Dwelling units that qualify as affordable housing shall have costs, including utilities other than telephone, that do not exceed 30 percent of the monthly income of a household whose income does not exceed the following percentages of median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development:
(a) Rental housing: 60 percent.
(b) Owner-occupied housing: 80 percent.
(3) The units shall be maintained as affordable for a term of at least 50 years, and the property shall satisfy that commitment and all required affordability and income eligibility conditions.
(4) The applicant shall record a covenant or deed restriction that ensures the continuing rental or ownership of units subject to these affordability requirements consistent with the conditions in Chapter 84.14 RCW for a period of no less than 50 years.
(5) The covenant or deed restriction shall address criteria and policies to maintain public benefit if the property is converted to a use other than that which continues to provide for permanently affordable housing.
(6) The units dedicated as affordable housing shall:
(a) Be provided in a range of sizes comparable to other units in the development.
(b) The number of bedrooms in affordable units shall be in the same proportion as the number of bedrooms in units within the entire development.
(c) Generally, be distributed throughout the development and have substantially the same functionality as the other units in the development. (Ord. 3366 §§ 61, 62 (Exhs. III, JJJ), 2025; Ord. 3352 §§ 64, 65 (Exhs. III, JJJ), 2025).
Existing developments that do not conform to the development standards of this chapter are subject to the standards of Chapter 22C.100 MMC, Nonconforming Situations. (Ord. 2852 § 10 (Exh. A), 2011).
The standards pertaining to the required number of auto parking spaces, bicycle parking spaces, parking lot placement, parking lot setbacks and internal parking lot pedestrian connections are stated in Chapter 22C.130 MMC, Parking and Loading. (Ord. 2852 § 10 (Exh. A), 2011).
The sign standards are stated in Chapter 22C.160 MMC, Signs. (Ord. 2852 § 10 (Exh. A), 2011).
The landscaping and screening standards are stated in Chapter 22C.120 MMC, Landscaping and Screening. (Ord. 2852 § 10 (Exh. A), 2011).
See Chapter 22G.080 MMC, Planned Residential Developments. (Ord. 2852 § 10 (Exh. A), 2011).
The commercial, industrial, recreation and public institutional zone categories implement the commercial, industrial and recreational goals and policies and land use plan map designation of the comprehensive plan. The zones are for areas of the city designated by the comprehensive plan for commercial, industrial and recreational uses. The difference in the zoning categories reflects the diversity of commercial, industrial and recreation areas in the city. The zones are distinguished by the uses allowed and the intensity of development allowed. A wide range of uses is allowed in each zone. Limits on the intensity of uses and the development standards promote the desired character for the commercial, industrial or recreational area. The development standards are designed to allow a large degree of development flexibility within parameters that support the intent of the specific zone. The standards are intended to provide certainty to property owners, developers and neighbors about the limits of what is allowed in the various zoning categories. (Ord. 2852 § 10 (Exh. A), 2011).
The full names, short names and map symbols of the commercial, industrial, recreation and public institutional zones are listed below.
Full Name | Short Name/Map Symbol |
|---|---|
Neighborhood business | NB |
Community business | CB |
General commercial | GC |
Downtown commercial | DTC |
Mixed use | MU |
Light industrial | LI |
Light industrial with general commercial overlay | LI-GC |
General industrial | GI |
Recreation | REC |
Public/institutional zone | P/I |
Whiskey Ridge | WR (suffix to zone’s map symbol) |
Small farms overlay | SF (suffix to zone’s map symbol) |
Property-specific development standards | P (suffix to zone’s map symbol) |
(Ord. 3331 § 3 (Exh. C), 2024; Ord. 3260 § 5 (Exh. E), 2023; Ord. 3193 § 12, 2021; Ord. 2852 § 10 (Exh. A), 2011).
(1) Neighborhood Business Zone.
(a) The purpose of the neighborhood business zone (NB) is to provide convenient daily retail and personal services for a limited service area and to minimize impacts of commercial activities on nearby properties. These purposes are accomplished by:
(i) Limiting nonresidential uses to those retail or personal services which can serve the everyday needs of a surrounding residential area;
(ii) Allowing for a mix of housing and retail/service uses; and
(iii) Excluding industrial and community/regional business-scaled uses.
(b) Use of this zone is appropriate in neighborhood centers designated by the comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(2) Community Business and Community Business – Whiskey Ridge Zones.
(a) The purpose of the community business (CB) and community business – Whiskey Ridge (CB-WR) zones is to provide convenience and comparison retail and personal services for local service areas which exceed the daily convenience needs of adjacent neighborhoods but which cannot be served conveniently by larger activity centers, and to provide retail and personal services in locations within activity centers that are not appropriate for extensive outdoor storage or auto-related and industrial uses. These purposes are accomplished by:
(i) Providing for limited small-scale offices as well as a wider range of the retail, professional, governmental and personal services than are found in neighborhood business areas;
(ii) Allowing for a mix of housing and retail/service uses; provided, that housing is not allowed in the community business – Whiskey Ridge zone; and
(iii) Excluding commercial uses with extensive outdoor storage or fabrication and industrial uses.
(b) Use of this zone is appropriate in community business areas that are designated by the comprehensive plan and are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(3) General Commercial Zone.
(a) The purpose of the general commercial zone (GC) is to provide for the broadest mix of commercial, wholesale, service and recreation/cultural uses with compatible storage and fabrication uses, serving regional market areas and offering significant employment. These purposes are accomplished by:
(i) Encouraging compact development that is supportive of transit and pedestrian travel, through higher nonresidential building heights and floor area ratios than those found in CB zoned areas;
(ii) Allowing for outdoor sales and storage, regional shopping areas and limited fabrication uses; and
(iii) Concentrating large-scale commercial and office uses to facilitate the efficient provision of public facilities and services.
(b) Use of this zone is appropriate in general commercial areas that are designated by the comprehensive plan that are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(4) Downtown Commercial Zone.
(a) The purpose of the downtown commercial zone (DTC) is to provide for the broadest mix of comparison retail, service and recreation/cultural uses with higher density residential uses, serving regional market areas and offering significant employment. These purposes are accomplished by:
(i) Encouraging compact development that is supportive of transit and pedestrian travel, through higher nonresidential building heights and floor area ratios than those found in GC zoned areas;
(ii) Allowing for regional shopping areas, and limited fabrication uses; and
(iii) Concentrating large-scale commercial and office uses to facilitate the efficient provision of public facilities and services.
(b) Use of this zone is appropriate in downtown commercial areas that are designated by the comprehensive plan that are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(5) Mixed Use Zone.
(a) The purpose of the mixed use zone (MU) is to provide for pedestrian- and transit-oriented high-density employment uses together with limited complementary retail and higher density residential development in locations within activity centers where the full range of commercial activities is not desirable. These purposes are accomplished by:
(i) Allowing for uses that will take advantage of pedestrian-oriented site and street improvement standards;
(ii) Providing for higher building heights and floor area ratios than those found in the CB zone;
(iii) Reducing the ratio of required parking to building floor area;
(iv) Allowing for on-site convenient daily retail and personal services for employees and residents; and
(v) Minimizing auto-oriented, outdoor or other retail sales and services which do not provide for the daily convenience needs of on-site and nearby employees or residents.
(b) Use of this zone is appropriate in areas designated by the comprehensive plan for mixed use, or mixed use overlay, which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(6) Light Industrial Zone.
(a) The purpose of the light industrial zone (LI) is to provide for the location and grouping of non-nuisance-generating industrial enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research facilities, warehousing and limited retail uses. It is also a purpose of this zone to protect the industrial land base for industrial economic development and employment opportunities. These purposes are accomplished by:
(i) Allowing for a wide range of industrial and manufacturing uses;
(ii) Establishing appropriate development standards and public review procedures for industrial activities with the greatest potential for adverse impacts; and
(iii) Limiting residential, institutional, service, office and other nonindustrial uses to those necessary to directly support industrial activities.
(b) Use of this zone is appropriate in light industrial areas designated by the comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(7) Light Industrial With General Commercial Overlay Zone.
(a) The purpose of the light industrial with general commercial overlay zone is to provide for the location and grouping of non-nuisance-generating industrial enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research facilities, and warehousing along with the broadest mix of commercial, wholesale, service and recreation/cultural uses. This zone is intended as a transitional zone between light industrial and general commercial areas that allows the market to determine whether industrial or commercial uses are the highest and best use of the site.
(b) Use of this zone is appropriate in light industrial areas designated by the comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(8) General Industrial Zone.
(a) The purpose of the general industrial zone (GI) is to provide for the location and grouping of industrial enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research facilities, warehousing and heavy trucking and equipment but also for commercial uses having special impacts and regulated by other chapters of this title. It is also a purpose of this zone to protect the industrial land base for industrial economic development and employment opportunities. These purposes are accomplished by:
(i) Allowing for a wide range of industrial and manufacturing uses;
(ii) Establishing appropriate development standards and public review procedures for industrial activities with the greatest potential for adverse impacts; and
(iii) Limiting residential, institutional, service, office and other nonindustrial uses to those necessary to directly support industrial activities.
(b) Use of this zone is appropriate in general industrial areas designated by the comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(9) Recreation Zone.
(a) The purpose of the recreation zone (REC) is to establish areas appropriate for public and private recreational uses. Recreation would permit passive as well as active recreational uses such as sports fields, ball courts, golf courses, and waterfront recreation, but not hunting. This zone would also permit some resource land uses related to agriculture and fish and wildlife management.
(b) This recreation zone is applied to all land designated as “recreation” on the comprehensive plan map.
(10) Public/Institutional Zone.
(a) The purpose of the public/institutional (P/I) land use zone is to establish a zone for governmental buildings, churches and public facilities.
(b) This public/institutional zone is applied to all land designated as “public/institutional” on the comprehensive plan map.
(11) Small Farms Overlay Zone.
(a) The purpose of the small farms overlay zone (-SF suffix to zone’s map symbol) is to provide a process for registering small farms, thereby applying the small farms overlay zone and recording official recognition of the existence of the small farm, and to provide encouragement for the preservation of such farms, as well as encouraging good neighbor relations between single-family and adjacent development.
(b) Use of this zone is appropriate for existing and newly designated small farms. (Ord. 3331 § 4 (Exh. D), 2024; Ord. 3260 § 6 (Exh. F), 2023; Ord. 3193 § 13, 2021; Ord. 3159 § 2, 2020; Ord. 2852 § 10 (Exh. A), 2011).
The standards in this chapter state the allowed uses and development standards for the base zones. Sites with overlay zones, subarea or master plans are subject to additional standards. The official zoning maps indicate which sites are subject to these additional standards. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Permitted Uses (P). Uses permitted in the commercial, industrial, recreation and public institutional zones are listed in MMC 22C.020.060 with a “P.” These uses are allowed if they comply with the development standards and other standards of this chapter.
(2) Conditional Uses (C). Uses that are allowed if approved through the conditional use review process are listed in MMC 22C.020.060 with a “C.” These uses are allowed provided they comply with the conditional use approval criteria for that use, the development standards and other standards of this chapter. Uses listed with a “C” that also have a footnote number in the table are subject to the standards cited in the footnote. The conditional use review process and approval criteria are stated in Chapter 22G.010 MMC.
(3) Uses Not Permitted. If no symbol appears in the box at the intersection of the column and the row, the use is not permitted in that district, except for certain temporary uses.
(4) If a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above, the general requirements of this code and the specific conditions indicated in the development condition with the corresponding number as listed in MMC 22C.020.070.
(5) If more than one letter-number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitation or conditions depending on the review process indicated by the letter, the general requirements of this code and the specific conditions indicated in the development condition with the corresponding number as listed in MMC 22C.020.070.
(6) All applicable requirements shall govern a use whether or not they are cross-referenced in a section. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Use Regulations That May Be Modified. An applicant may propose, and the director may approve, deny or conditionally approve a modification of the special regulations and notes in MMC 22C.020.070.
(2) Review Process.
(a) An applicant shall submit a request for modification, providing such information as is required by the director, including application fees.
(b) Notice of the proposed modification shall be provided to contiguous property owners.
(3) Evaluation Criteria. Any proposal to modify use regulations shall not undermine the intent of the standards. The director shall not approve a request for modification unless the proposal provides design elements or other appropriate mitigation equivalent or superior to what would likely result from compliance with the use regulations which are proposed to be modified. The director shall consider the following criteria in making a decision:
(a) The request for modification meets the intent of the standards being modified.
(b) 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.
(c) The request for modification meets any additional modification criteria for specific uses in this title. (Ord. 3207 § 4, 2022).
Specific Land Use | NB | CB | CB-WR | GC | DTC | MU (63) | LI-GC | LI | GI | REC | P/I |
|---|---|---|---|---|---|---|---|---|---|---|---|
Residential Land Uses | |||||||||||
Dwelling Units, Types: |
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Townhouse |
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| P6 | P |
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Multiple-family | C4 | P4, C5 |
| P4, C5 | P4, P6 | P |
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Manufactured home | P7 | P7 |
| P7 |
| P7 | P7 | P7 | P7 |
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Mobile home | P7 | P7 | P7 | P7 | P7 | P7 | P7 | P7 | P7 |
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Recreational vehicle | P7 | P7 |
| P7 |
| P7 | P7 | P7 | P7 |
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Tiny house or tiny house on wheels | P7 | P7 |
| P7 |
| P7 | P7 | P7 | P7 |
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Senior citizen assisted | P |
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| C |
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| P |
Caretaker’s quarters (3) | P | P | P | P | P | P | P | P | P | P | P |
Group Residences: |
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Adult family home (70) | P | P | P | P | P | P |
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| P |
Convalescent, nursing, retirement | C | P |
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| P | P |
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| P |
Residential care facility | P | P |
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| P | P | P70 | P70 | P70 | P70 | P |
Master planned senior community (10) |
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| C |
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| C |
Enhanced services facility (77) |
| P |
| P |
| P |
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Transitional housing facilities (79) | P | P | P | P |
| P | P | P |
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Permanent supportive housing (79) | P | P | P | P |
| P | P | P |
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Emergency housing (80) | P, C | P, C | P, C | P, C |
| P, C | P, C | P, C |
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Emergency shelters – Indoor (80) | P, C | P, C | P, C | P, C |
| P, C | P, C | P, C |
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Accessory Uses: |
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Home occupation (2) | P8 | P8, P9 | P8, P9 | P8, P9 | P8, P9 | P8, P9 | P8, P9 | P9 | P9 |
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Temporary Lodging: |
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Hotel/motel | P | P | P | P | P | P | P75 | P75 |
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Bed and breakfast guesthouse (1) |
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Bed and breakfast inn (1) | P | P | P | P |
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Recreation/Cultural Land Uses | |||||||||||
Park/Recreation: |
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Park | P11 | P | P | P | P | P | P | P | P | P11 | P |
Marina |
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| P |
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|
| P | C | P |
Dock and boathouse, private, noncommercial |
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| P |
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| P | P16 | P |
Boat launch, commercial or public |
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| P |
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| P |
| P |
Boat launch, noncommercial or private |
|
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| P |
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|
| P | P17 | P |
Community center | P | P | P | P | P | P | P | P | P | P | P |
Amusement/Entertainment: |
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Theater |
| P | P | P | P | P | P |
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Theater, drive-in |
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| C |
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| C |
|
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|
|
Amusement and recreation services |
| P18 | P18 | P18 | P18 | P19 | P | P | C |
|
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Sports club | P | P | P | P | P | P | P | P | P |
|
|
Golf facility (13) |
| P | P | P |
|
| P | P | P | C |
|
Shooting range (14) |
|
|
| P15 |
|
| P15 | P15 |
|
|
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Outdoor performance center |
|
|
| C |
|
| C | C |
| C | C |
Riding academy |
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| P | P |
| C |
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Cultural: |
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Library, museum and art gallery | P | P | P | P | P | P | P | P | P | C | P |
Church, synagogue and temple | P | P | P | P | P | P | P | P | P |
| P |
Dancing, music and art center |
| P | P | P | P | P | P |
|
| C | P |
General Services Land Uses | |||||||||||
Personal Services: |
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General personal service | P | P | P | P | P | P | P | P | P |
|
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Dry cleaning plant |
| P | P |
|
|
| P | P | P |
|
|
Dry cleaning pick-up station and retail service | P | P | P | P | P | P25 | P | P76 | P |
|
|
Funeral home/crematory |
| P | P | P | P | P26 | P | P76 | P |
|
|
Cemetery, columbarium or mausoleum | P24 | P24 | P24 | P24, C20 |
|
| P | P | P |
|
|
Day care I | P70 | P70 | P70 | P70 | P70 | P70 | P70 | P21, 70 | P70 | P70 | P70 |
Day care II | P | P | P | P | P | P | P | P21 |
|
|
|
Veterinary clinic | P | P | P | P | P | P | P | P76 | P |
|
|
Automotive repair and service | P22 | C, P28 | C, P28 | P |
|
| P | P | P |
|
|
Electric vehicle (EV) charging station (64) | P | P | P | P | P | P | P | P | P | P | P |
EV rapid charging station (65), (66) | P | P | P | P | P67 | P67 | P | P | P |
|
|
EV battery exchange station |
|
|
| P |
|
| P | P | P |
|
|
Miscellaneous repair |
| P | P | P |
|
| P | P | P |
|
|
Social services |
| P | P | P | P | P | P |
|
|
| P |
Kennel, commercial and exhibitor/breeding (71) |
| P | P | P |
|
| P | P | P |
|
|
Pet daycare (71), (72) |
| P | P | P | P | P | P | P76 | P |
|
|
Civic, social and fraternal association |
| P | P | P | P | C | P |
| P |
| P |
Club (community, country, yacht, etc.) |
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|
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|
|
| P |
| P |
Health Services: |
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Medical/dental clinic | P | P | P | P | P | P | P |
|
|
| P |
Hospital |
| P | P | P | P | C | P |
|
|
| C |
Miscellaneous health | P68 | P68 | P68 | P68 | P68 | P68 | P68 |
|
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| P68 |
Supervised drug consumption facility |
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Education Services: |
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|
|
Elementary, middle/junior high, and senior high (including public, private and parochial) |
| C | C | C | C | C | P | P | C |
| C |
Commercial school | P | P | P |
| P | P27 |
|
|
|
| C |
School district support facility | C | P | P | P | P | P | P | P | P |
| P |
Vocational school |
| P | P | P | P | P27 | P |
|
|
| P |
Government/Business Service Land Uses | |||||||||||
Government Services: |
|
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|
|
|
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|
|
Public agency office | P | P | P | P | P | P | P | P | P |
| P |
Public utility yard |
|
|
| P |
|
| P | P |
|
| P |
Public safety facilities, including police and fire | P29 | P | P | P | P | P | P | P |
|
| P |
Utility facility | P | P | P | P |
| C | P | P | P |
| P |
Private storm water management facility | P | P | P | P | P | P | P | P | P |
| P |
Public storm water management facility | P | P | P | P | P | P | P | P | P |
| P |
Business Services: |
|
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|
|
Contractors’ office and storage yard |
|
|
| P30 | P30 | P30 | P | P | P |
|
|
Interim recycling facility |
| P23 | P23 | P23 |
|
| P | P |
|
| P |
Taxi stands |
| P | P | P |
|
| P | P | P |
|
|
Trucking and courier service |
| P31 | P31 | P31 |
|
| P | P | P |
|
|
Warehousing and wholesale trade |
|
|
| P |
|
| P | P | P |
|
|
Mini-storage (36) |
| C78 |
| C78 |
|
| C78 | P76 | P |
|
|
Freight and cargo service |
|
|
| P |
|
| P | P | P |
|
|
Cold storage warehousing |
|
|
|
|
|
| P | P | P |
|
|
General business service and office | P | P | P | P | P | P30 | P | P | P |
|
|
Commercial vehicle storage |
|
|
|
|
|
| P | P | P |
|
|
Professional office | P | P | P | P | P | P | P | P |
|
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|
Miscellaneous equipment rental |
| P30, 37 | P30, 37 | C38 |
| P30, 37 | P | P | P |
|
|
Automotive rental and leasing |
|
|
| P |
|
| P | P | P |
|
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Automotive parking | P | P | P | P | P | P | P | P | P |
|
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Research, development and testing |
|
|
| P |
|
| P | P | P |
|
|
Heavy equipment and truck repair |
|
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|
|
|
| P | P | P |
|
|
Automobile holding yard |
|
|
| C |
|
| P | P | P |
|
|
Commercial/industrial accessory uses (73) | P39, 40 | P39 | P39 | P39 | P39, 40 | P39, 40 | P | P | P |
|
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Adult facility |
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| P33 |
|
|
Factory-built commercial building (35) | P | P | P | P | P |
| P | P | P |
|
|
Wireless communication facility (32) | P, C | P, C | P, C | P, C | P, C | P, C | P, C | P, C | P, C |
| P, C |
State-Licensed Marijuana Facilities: | |||||||||||
Marijuana cooperative (69) |
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Marijuana processing facility – Indoor only (69) |
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Marijuana production facility – Indoor only (69) |
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Marijuana retail facility (69) |
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Retail/Wholesale Land Uses | |||||||||||
Building, hardware and garden materials | P47 | P | P | P | P | P47 | P | P76 | P |
|
|
Forest products sales |
| P | P | P |
|
| P | P |
|
|
|
Department and variety stores | P | P | P | P | P | P | P | P76 |
|
|
|
Food stores | P | P | P | P | P | P45 | P | P76 |
|
|
|
Agricultural crop sales |
| P | P | P |
| C | P | P76 |
|
|
|
Storage/retail sales, livestock feed |
|
|
|
|
|
|
| P76 | P |
|
|
Motor vehicle and boat dealers |
| P | P | P |
|
| P | P | P |
|
|
Motorcycle dealers |
| P | P | P | P49 |
| P | P | P |
|
|
Gasoline service stations | P | P | P | P | P |
| P | P76 | P |
|
|
Eating and drinking places | P41 | P | P | P | P | P46 | P | P46 | P |
|
|
Drugstores | P | P | P | P | P | P | P | P76 | P |
|
|
Liquor stores |
| P | P | P |
|
| P |
|
|
|
|
Used goods: antiques/secondhand shops |
| P | P | P | P | P | P |
|
|
|
|
Sporting goods and related stores |
| P | P | P | P | P | P |
|
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Book, stationery, video and art supply stores | P | P | P | P | P | P | P |
|
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Jewelry stores |
| P | P | P | P | P | P |
|
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Hobby, toy, game shops | P | P | P | P | P | P | P |
|
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Photographic and electronic shops | P | P | P | P | P | P | P |
|
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|
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Fabric and craft shops | P | P | P | P | P | P | P |
|
|
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Fuel dealers |
|
|
| P43 |
|
| P43 | P43 | P43 |
|
|
Florist shops | P | P | P | P | P | P | P |
|
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|
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Pet shops | P | P | P | P | P | P | P |
|
|
|
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Tire stores |
| P | P | P | P |
| P | P76 | P |
|
|
Bulk retail |
| P | P | P |
|
| P | P76 |
|
|
|
Auction houses |
|
|
| P42 |
|
| P42 | P76 |
|
|
|
Truck and heavy equipment dealers |
|
|
|
|
|
|
| P | P |
|
|
Mobile home and RV dealers |
|
|
| C |
|
| P | P | P |
|
|
Retail stores similar to those otherwise named on this list | P | P | P | P | P | P48 | P | P44, 76 | P44 |
|
|
Automobile wrecking yards |
|
|
|
|
|
| C | C | P |
|
|
Manufacturing Land Uses | |||||||||||
Food and kindred products |
| P50, 52 | P50, 52 | P50 |
|
| P50 | P50 | P |
|
|
Winery/brewery |
| P53 | P53 | P | P53 | P53 | P | P | P |
|
|
Textile mill products |
|
|
|
|
|
| P | P | P |
|
|
Apparel and other textile products |
|
|
| C |
|
| P | P | P |
|
|
Wood products, except furniture |
|
|
| P |
|
| P | P | P |
|
|
Furniture and fixtures |
|
|
| P |
|
| P | P | P |
|
|
Paper and allied products |
|
|
|
|
|
| P | P | P |
|
|
Printing and publishing | P51 | P51 | P51 | P |
| P51 | P | P | P |
|
|
Chemicals and allied products |
|
|
|
|
|
| C | C | C |
|
|
Petroleum refining and related industries |
|
|
|
|
|
| C | C | C |
|
|
Rubber and misc. plastics products |
|
|
|
|
|
| P | P | P |
|
|
Leather and leather goods |
|
|
|
|
|
| C | C | C |
|
|
Stone, clay, glass and concrete products |
|
|
|
|
|
| P | P | P |
|
|
Primary metal industries |
|
|
|
|
|
| C | C | P |
|
|
Fabricated metal products |
|
|
| C |
|
| P | P | P |
|
|
Industrial and commercial machinery |
|
|
|
|
|
| C | C | P |
|
|
Heavy machinery and equipment |
|
|
|
|
|
| C | C | P |
|
|
Computer and office equipment |
|
|
| C |
|
| P | P |
|
|
|
Electronic and other electric equipment |
|
|
| C |
|
| P | P |
|
|
|
Railroad equipment |
|
|
|
|
|
| C | C | P |
|
|
Miscellaneous light manufacturing |
|
|
| P54, 74 | P54 |
| P | P | P |
|
|
Motor vehicle and bicycle manufacturing |
|
|
|
|
|
| C | C | P |
|
|
Aircraft, ship and boat building |
|
|
|
|
|
| C | C | P |
|
|
Tire retreading |
|
|
|
|
|
| C | C | P |
|
|
Movie production/distribution |
|
|
| P |
|
| P | P |
|
|
|
Resource Land Uses | |||||||||||
Agriculture: |
|
|
|
|
|
|
|
|
|
|
|
Growing and harvesting crops |
|
|
|
|
|
| P | P | P | P |
|
Raising livestock and small animals |
|
|
|
|
|
| P | P | P | P |
|
Greenhouse or nursery, wholesale and retail |
|
|
| P |
|
| P | P | P | C |
|
Farm product processing |
|
|
|
|
|
| P | P | P |
|
|
Forestry: |
|
|
|
|
|
|
|
|
|
|
|
Growing and harvesting forest products |
|
|
|
|
|
| P | P |
|
|
|
Forest research |
|
|
|
|
|
| P | P |
|
|
|
Wood waste recycling and storage |
|
|
|
|
|
| C | C | C |
|
|
Fish and Wildlife Management: |
|
|
|
|
|
|
|
|
|
|
|
Hatchery/fish preserve (55) |
|
|
|
|
|
| P | P | P | C |
|
Aquaculture (55) |
|
|
|
|
|
| P | P | P | C |
|
Wildlife shelters | C | C | C |
|
|
|
|
|
| P |
|
Mineral: |
|
|
|
|
|
|
|
|
|
|
|
Processing of minerals |
|
|
|
|
|
| P | P | P |
|
|
Asphalt paving mixtures and block |
|
|
|
|
|
| P | P | P |
|
|
Regional Land Uses | |||||||||||
Jail |
| C | C | C |
|
| C | C |
|
|
|
Regional storm water management facility |
| C | C | C | C |
| C | C | C |
| P |
Public agency animal control facility |
|
|
| C |
|
| P | P | P |
| C |
Public agency training facility |
| C56 | C56 | C56 |
| C56 | C56 | C57 |
|
| C57 |
Nonhydroelectric generation facility | C | C | C | C |
|
| C | C | C |
| C |
Energy resource recovery facility |
|
|
|
|
|
| C | C |
|
|
|
Soil recycling/incineration facility |
|
|
|
|
|
| C | C | C |
|
|
Solid waste recycling |
|
|
|
|
|
|
|
| C |
| C |
Transfer station |
|
|
|
|
|
| C | C | C |
| C |
Wastewater treatment facility |
|
|
|
|
|
| C | C | C |
| C |
Transit bus base |
|
|
| C |
|
| P | P |
|
| C |
Transit park and pool lot | P | P | P | P | P | P | P | P | P |
| P |
Transit park and ride lot | P | P | P | P | P | P | P | P | P |
| C |
School bus base | C | C | C | C |
|
| P | P |
|
| C58 |
Racetrack | C59 | C59 | C59 | C |
|
| P | P |
|
|
|
Fairground |
|
|
|
|
|
| P | P | P |
| C |
Zoo/wildlife exhibit |
| C | C | C |
|
|
|
|
|
| C |
Stadium/arena |
|
|
| C |
|
| C | C | P |
| C |
College/university | C | P | P | P | P | P | P | P | P |
| C |
Secure community transition facility |
|
|
|
|
|
|
|
| C60 |
|
|
Opiate substitution treatment program facilities |
| P61, 62 | P61, 62 | P61, 62 | P61, 62 |
| P62 | P62 | P62 |
|
|
(Ord. 3331 § 5 (Exh. E), 2024; Ord. 3260 § 7 (Exh. G), 2023; Ord. 3243 § 5 (Exh. B), 2022; Ord. 3205 § 5, 2022; Ord. 3196 § 3 (Exh. A), 2021; Ord. 3193 § 14, 2021; Ord. 3180 § 2 (Exh. A), 2021; Ord. 3164 § 6, 2020; Ord. 3159 § 3, 2020; Ord. 3137 § 3 (Exh. B), 2019; Ord. 3086 § 1, 2018; Ord. 3085 § 3, 2018; Ord. 3071 § 4, 2017; Ord. 3057 § 6, 2017; Ord. 3054 § 12, 2017; Ord. 3022 § 9, 2016; Ord. 2985 § 5, 2015; Ord. 2981 § 1, 2015; Ord. 2980 § 1, 2015; Ord. 2959 § 7, 2014; Ord. 2932 § 3, 2013; Ord. 2898 § 9, 2012; Ord. 2852 § 10 (Exh. A), 2011).
(1) Bed and breakfast guesthouses and inns are subject to the requirements and standards contained in Chapter 22C.210 MMC, Bed and Breakfasts.
(2) Home occupations are subject to the requirements and standards contained in Chapter 22C.190 MMC, Home Occupations.
(3) Limited to one dwelling unit for the purposes of providing on-site service and security of a commercial or industrial business. Caretaker’s quarters are subject to the provisions set forth in Chapter 22C.110 MMC, entitled “Temporary Uses.”
(4) All units must be located above a street-level commercial use; provided, that in the community business (CB) zone within Lakewood neighborhood planning area 11, a horizontal mixed use project may be proposed through a development agreement approved by city council.
(5) Twenty percent of the units, but no more than two total units, may be located on the street level of a commercial use, if conditional use permit approval is obtained and the units are designed exclusively for ADA accessibility. The street-level units shall be designed so that the units are not located on the street front and primary access is towards the rear of the building.
(6) Reserved.
(7) Manufactured homes, mobile homes, recreational vehicles, and tiny houses with wheels are only allowed in existing mobile/manufactured home parks.
(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) Reserved.
(13) Golf Facility.
(a) Structures, driving ranges and lighted areas shall maintain a minimum distance of 50 feet from property lines adjoining residential zones.
(b) Restaurants are permitted as an accessory use to a golf course.
(14) Shooting Range.
(a) Structures and ranges shall maintain a minimum distance of 50 feet from property lines adjoining residential zones;
(b) Ranges shall be designed to prevent stray or ricocheting projectiles or pellets from leaving the property; and
(c) Site plans shall include safety features of the range; provisions for reducing noise produced on the firing line; and elevations of the range showing target area, backdrops or butts.
(15) Only in an enclosed building.
(16) Dock and Boathouse, Private, Noncommercial.
(a) The height of any covered overwater structure shall not exceed 20 feet as measured from the line of ordinary high water;
(b) The total roof area of covered, overwater structures shall not exceed 1,000 square feet;
(c) The entirety of such structures shall have not greater than 50 percent of the width of the lot at the natural shoreline upon which it is located;
(d) No overwater structure shall extend beyond the average length of all preexisting over-water structures along the same shoreline and within 300 feet of the parcel on which proposed. Where no such preexisting structures exist within 300 feet, the pier length shall not exceed 50 feet;
(e) Structures permitted hereunder shall not be used as a dwelling; and
(f) Covered structures are subject to a minimum setback of five feet from any side lot line or extension thereof. No setback from adjacent properties is required for any uncovered structure, and no setback from water is required for any structure permitted hereunder.
(17) Boat Launch, Noncommercial or Private.
(a) The city may regulate, among other factors, required launching depth, and length of docks and piers;
(b) Safety buoys shall be installed and maintained separating boating activities from other water-oriented recreation and uses where this is reasonably required for public safety, welfare and health; and
(c) All site improvements for boat launch facilities shall comply with all other requirements of the zone in which they are located.
(18) Excluding racetrack operation.
(19) Amusement and recreation services shall be a permitted use if they are located within an enclosed building, or a conditional use if located outside. In both instances they would be subject to the exclusion of a racetrack operation similar to other commercial zones.
(20) Structures shall maintain a minimum distance of 100 feet from property lines adjoining residential zones.
(21) Permitted as an accessory use; see MMC 22A.020.020, the definition of “Accessory use, commercial/industrial.”
(22) Only as an accessory to a gasoline service station; see retail and wholesale permitted use table in MMC 22C.020.060.
(23) All processing and storage of material shall be within enclosed buildings and excluding yard waste processing.
(24) Limited to columbariums accessory to a church; provided, that existing required landscaping and parking are not reduced.
(25) Drive-through service windows in excess of one lane are prohibited in Planning Area 1.
(26) Limited to columbariums accessory to a church; provided, that existing required landscaping and parking are not reduced.
(27) All instruction must be within an enclosed structure.
(28) Car washes shall be permitted as an accessory use to a gasoline service station.
(29) Public Safety Facilities, Including Police and Fire.
(a) All buildings and structures shall maintain a minimum distance of 20 feet from property lines adjoining residential zones;
(b) Any buildings from which fire-fighting equipment emerges onto a street shall maintain a distance of 35 feet from such street.
(30) Outdoor storage of materials or vehicles must be accessory to the primary building area and located to the rear of buildings. Outdoor storage is subject to an approved landscape plan that provides for effective screening of storage, so that it is not visible from public right-of-way or neighboring properties.
(31) Limited to self-service household moving truck or trailer rental accessory to a gasoline service station.
(32) All WCFs and modifications to WCFs are subject to Chapter 22C.250 MMC including but not limited to the siting hierarchy, MMC 22C.250.060. WCFs may be a permitted use or a CUP may be required subject to MMC 22C.250.040.
(33) Subject to the conditions and requirements listed in Chapter 22C.030 MMC.
(34) Reserved.
(35) A factory-built commercial building may be used for commercial purposes subject to the following requirements:
(a) A factory-built commercial building must be inspected at least two times at the factory by the State Building and Electrical Inspector during the construction process, and must receive a state approval stamp certifying that it meets all requirements of the International Building and Electrical Codes. At the building site, the city building official will conduct foundation, plumbing and final inspections; and
(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 in the light industrial zone.
(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.
(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.
(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.
(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. Hotels/motels that are proposed to locate within Arlington Airport Protection Subdistricts B and C shall be required to coordinate with the Arlington Municipal Airport to ensure that height, glare, and other aspects of the hotels/motels are compatible with air traffic and airport operations.
(76) Use limited to properties that have property frontage along State Avenue/Smokey Point Boulevard.
(77) Enhanced services facilities (ESFs) are permitted when the building is located within the area depicted in MMC 22C.280.050, Figure 1. In the GC and CB zones, ESFs shall be located in a building in which the ESF is located above a permitted ground floor commercial use. See Chapter 22C.280 MMC for enhanced services facility regulations.
(78) Mini-storage facilities may be allowed in the CB and GC zones as a conditional use on property located east of Interstate 5, north of 100th Street, and west of 47th Avenue NE, subject to the following conditions:
(a) The property does not have direct frontage on an arterial street.
(b) Vehicular access to the property is limited by physical constraints, such as railroad tracks, proximity to congested public street intersections where turning movements are restricted, or other physical barriers that limit convenient vehicular access for higher-traffic-generating uses such as retail or office.
(c) Buildings shall be located a minimum of 150 feet from the nearest arterial street or interstate highway right-of-way.
(79) An operations plan, to mitigate potential impacts on the surrounding community, must be provided by the sponsor and/or property owner at the time of application. The operations plan must address the following elements to the satisfaction of the city:
(a) Name and contact information for key staff;
(b) Roles and responsibilities of key staff;
(c) Site/facility management, including a security and emergency plan;
(d) Site/facility maintenance;
(e) 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;
(f) Provision of human and social services, including staffing plan and outcome measures;
(g) Outreach with surrounding property owners and residents and ongoing good neighbor policy;
(h) Procedures for maintaining accurate and complete records; and
(i) Additional information as requested by the community development director to ensure current best practices for permanent supportive housing and transitional housing facilities are used.
(80) All facilities are subject to the regulations set forth in Chapter 22C.290 MMC, Emergency Housing and Shelters. Facilities with 30 or more residents require a conditional use permit. (Ord. 3331 § 6 (Exh. F), 2024; Ord. 3263 § 2 (Exh. B), 2023; Ord. 3260 § 8 (Exh. H), 2023; Ord. 3243 § 6 (Exh. C), 2022; Ord. 3205 § 6, 2022; Ord. 3196 § 3 (Exh. A), 2021; Ord. 3193 § 15, 2021; Ord. 3180 § 2 (Exh. A), 2021; Ord. 3164 § 7, 2020; Ord. 3159 § 4, 2020; Ord. 3137 § 3 (Exh. B), 2019; Ord. 3086 § 2, 2018; Ord. 3054 § 13, 2017; Ord. 3022 § 10, 2016; Ord. 2985 § 6, 2015; Ord. 2981 § 2, 2015; Ord. 2979 § 4, 2014; Ord. 2959 § 8, 2014; Ord. 2932 § 4, 2013; Ord. 2898 § 10, 2012; Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. The purpose of this section is to allow existing buildings located in nonresidential zones to be considered for uses that are not otherwise permitted, but which, if properly designed and managed, would not create negative impacts on surrounding properties or the area in general. Existing buildings that, due to their location or configuration are not readily usable for permitted uses, as determined by the director, may be considered using the process described herein. This process differs from the unlisted use process listed in MMC 22A.010.070 in that uses that are not specifically authorized in the zone may be considered using the process described herein.
(2) Review Process.
(a) An applicant shall submit a request for modification, providing such information as is required by the director, including application fees.
(b) Notice of the proposed modification shall be provided to contiguous property owners.
(3) Review Criteria. The following criteria shall be used as the basis for approving, denying, or conditionally approving a request to allow the use of existing building space for a use not otherwise permitted in the zone.
(a) Traffic generated by the proposed use.
(b) Impacts from odor, noise, vibration, dust or other nuisances.
(c) Aesthetic character and quality of the proposed use.
(d) Public safety impacts.
(e) Compliance with building and fire codes.
(f) Hours of the day of proposed use or activity.
(g) Proposed management and operational procedures to minimize and mitigate potential impacts.
(h) Other factors not specified herein that would create a conflict with the uses that are permitted in the zone.
(4) Actions Authorized.
(a) Approval. The city may approve a proposal that is found to be compatible with surrounding land uses.
(b) Denial. Any proposal that would adversely affect properties in the immediate vicinity or give the outward appearance of a use or activity that is incompatible with the intent and purpose of the zone in which it is located shall be denied.
(c) Revocation. The city shall retain the right to revoke an approval issued under this section for a use that fails to comply with any conditions of said approval, or which operates in a manner inconsistent with representations made in the application. (Ord. 3207 § 6, 2022).
(1) Interpretation of Tables.
(a) Subsection (2) of this section contains general density and dimension standards for the various zones and limitations specific to a particular zone(s). Additional rules and exceptions, and methodology, are set forth in MMC 22C.020.090.
(b) The density and dimension table is arranged in a matrix format and is delineated into the commercial, industrial, recreation and public institutional use categories.
(c) Development standards are listed down the left side of the table, and the zones are listed at the top. The matrix cells contain the minimum dimensional requirements of the zone. The parenthetical numbers in the matrix identify specific requirements applicable either to a specific use or zone. If more than one standard appears in a cell, each standard will be subject to any applicable parenthetical footnote set forth in MMC 22C.020.090.
(2) General Densities and Dimension Standards.
Standards | NB | CB | GC | DTC | MU (12) | LI (19) | GI | REC | P/I | WR-MU (15) | WR-CB (15) |
|---|---|---|---|---|---|---|---|---|---|---|---|
Base density: Dwelling unit/acre | None (18) | 12 | 12 | 12 | 28 (1) | 0 | 0 | 0 | 0 | 12 | 0 |
Maximum density: Dwelling unit/acre | None (18) | 27 (13) | None (13) | None | 28 | 0 | 0 | 0 | 0 | 18 (13) | 0 |
Minimum street setback (3) | 20 feet | None (7) | None (7) | None (7) | None (7, 8) | None (7) | None (7) | 20 feet | None (7, 8) | None (7, 8, 14) | None (7, 14) |
Minimum interior setback | 10 feet (side) 20 feet (rear) | None (4) | None (4) | None (4) | None (9) | None (4) 50 feet (5) | None (4) 50 feet (5) | None (4) | None (4) | 5 feet (9, 16, 17) | None (4) |
Base height (6) | 25 feet | 55 feet | 35 feet | 55 feet | 45 feet | 65 feet | 65 feet | 35 feet | 45 feet | 45 feet | 55 feet |
Maximum impervious surface: Percentage | 75% | 85% | 85% | 85% | 85%, 75% (11) | 85% | 85% | 35% | 75% | 85%, 75% (11) | 85% |
(Ord. 3331 § 7 (Exh. G), 2024; Ord. 3263 § 3 (Exh. C), 2023; Ord. 3260 § 9 (Exh. I), 2023; Ord. 3235 § 2 (Exh. A), 2022; Ord. 3216 § 2 (Exh. A), 2022; Ord. 3193 § 16, 2021; Ord. 3159 § 5, 2020; Ord. 3107 § 3, 2018; Ord. 2852 § 10 (Exh. A), 2011).
(1) These densities are allowed only through the application of mixed use development standards.
(2) Reserved.
(3) Gas station pump islands shall be placed no closer than 25 feet to street front lines. Pump island canopies shall be placed no closer than 15 feet to street front lines.
(4) A 25-foot setback is required on property lines adjoining residentially designated property.
(5) A 50-foot setback only required on property lines adjoining residentially designated property for industrial uses established by conditional use permits, otherwise no specific interior setback requirement.
(6) Height limits may be increased when portions of the structure or building which exceed the base height limit provide one additional foot of street and interior setback beyond the required setback for each foot above the base height limit.
(7) Subject to sight distance review at driveways and street intersections.
(8) A 20-foot setback is required for multiple-family structures.
(9) A 15-foot setback is required for (a) commercial or multiple-family structures on property lines adjoining single-family residentially designated property, and (b) a rear yard of a multistory residential structure, otherwise no specific interior setback requirement. Interior setbacks may be reduced where features such as critical area(s) and buffer(s), public/private right-of-way or access easements, or other conditions provide a comparable setback or separation from adjoining uses.
(10) Reserved.
(11) The 85 percent impervious surface percentage applies to commercial developments, and the 75 percent rate applies to multiple-family developments.
(12) Reduced building setbacks and height requirements may be approved on a case-by-case basis to provide flexibility for innovative development plans; provided, that variance requests which are greater than 10 percent of the required setback shall be considered by the hearing examiner.
(13) Subject to the application of the residential density incentive requirements of Chapter 22C.090 MMC.
(14) Required landscaping setbacks for developments on the north side of Soper Hill Road are 25 feet from the edge of sidewalk.
(15) Projects with split zoning (two or more distinct land use zones) may propose a site plan to density average or adjust the zone boundaries using topography, access, critical areas, or other site characteristics in order to provide a more effective transition.
(16) Townhome setbacks are reduced to zero on an interior side yard setback where the units have a common wall for zero lot line developments.
(17) Townhome setbacks are reduced to five feet on side yard setbacks, provided the buildings meet a 10-foot separation between structures.
(18) There is no minimum or maximum density for this zone. Residential units are permitted if located above a ground-level commercial use.
(19) The light industrial with general commercial overlay zone uses the light industrial density and dimensional standards. (Ord. 3331 § 8 (Exh. H), 2024; Ord. 3193 § 17, 2021; Ord. 3159 § 6, 2020; Ord. 3107 § 4, 2018; Ord. 2852 § 10 (Exh. A), 2011).
The following provisions shall be used to determine compliance with this title:
(1) Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround or, in the case of a substandard street, the setbacks shall be measured from the edge of the ultimate right-of-way section planned for the street, except as provided by MMC 22C.020.180;
(2) Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation, five-foot (or less) wide pedestrian walkways or surface water retention/detention facilities. (Ord. 2852 § 10 (Exh. A), 2011).
Permitted number of dwelling units shall be determined as follows:
(1) The maximum allowed number of dwelling units shall be computed by multiplying the gross project area (in acres) by the applicable density.
(2) When calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows:
(a) Fractions of 0.50 or above shall be rounded up, provided this will not exceed the base density by more than 10 percent; and
(b) Fractions below 0.50 shall be rounded down. (Ord. 2852 § 10 (Exh. A), 2011).
All areas of a commercial site may be used in the calculation of allowed residential density. (Ord. 2852 § 10 (Exh. A), 2011).
Any portion of a lot that was required to calculate and ensure compliance with the standards and regulations of this title shall not be subsequently subdivided or segregated from such lot. (Ord. 2852 § 10 (Exh. A), 2011).
When a building or use is required to maintain a specific setback from a property line or other building, such setback shall apply only to the specified building or use. (Ord. 2852 § 10 (Exh. A), 2011).
The following setback modifications are permitted:
(1) When the common property line of two lots is covered by a building(s), the setbacks required by this chapter shall not apply along the common property line.
(2) When a lot is located between lots having nonconforming street setbacks, the required street setback for such lot may be the average of the two nonconforming setbacks or 60 percent of the required street setback, whichever results in the greater street setback.
(3) When a base station or WCF equipment is proposed for placement on private property abutting ROW, the setback may be administratively reduced, provided the application demonstrates good cause for such reduction and adequate area for screening and landscaping is provided. (Ord. 2852 § 10 (Exh. A), 2011).
(1) In commercial and industrial development, easements shall be used to delineate regional utility corridors.
(2) All buildings and structures shall maintain a minimum distance of five feet from property or easement lines delineating the boundary of regional utility corridors, except for utility structures necessary to the operation of the utility corridor. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Structures may be built to five feet of the property line abutting an alley, except as provided in subsection (2) of this section.
(2) Vehicle access points from garages, carports or fenced parking areas shall be set back a minimum of 10 feet from the lot line abutting an alley, except where the access point faces an alley with a right-of-way width of 10 feet, in which case the garage, carport, or fenced parking area shall not be located within 20 feet from the rear lot line. No portion of the garage or the door in motion may cross the property line. (Ord. 2852 § 10 (Exh. A), 2011).
In addition to providing the standard street setback, a lot adjoining a half-street or designated arterial shall provide an additional width of street setback sufficient to accommodate construction of the planned half-street or arterial. (Ord. 2852 § 10 (Exh. A), 2011).
The following structures may be erected above the height limits of MMC 22C.020.080(2):
(1) Roof structures housing or screening elevators, stairways, tanks, ventilating fans or similar equipment required for building operation and maintenance; and
(2) Fire or parapet walls, skylights, chimneys, smokestacks, church steeples, flagpoles, and utility line towers and poles. (Ord. 3054 § 14, 2017; Ord. 2852 § 10 (Exh. A), 2011).
When a lot is divided by a zone boundary, the following rules shall apply:
(1) When a lot contains both residential and nonresidential zoning, the zone boundary between the zones shall be considered a lot line for determining permitted building height and required setbacks on the site;
(2) Uses on each portion of the lot shall only be those permitted in each zone pursuant to Chapter 22C.010 MMC and this chapter. (Ord. 2852 § 10 (Exh. A), 2011).
Except for traffic control signs, the following sight distance provisions shall apply to all intersections and site access points:
(1) A sight distance triangle area per city standards shall contain no fence, berm, vegetation, on-site vehicle parking area, signs or other physical obstruction between 30 inches and eight feet above the existing street grade.
Note: The area of a sight distance triangle between 30 inches and eight feet above the existing street grade shall remain open.
(2) The community development director or city engineer may require modification or removal of structures or landscaping located in required street setbacks, if:
(a) Such improvements prevent adequate sight distance to drivers entering or leaving a driveway; and
(b) No reasonable driveway relocation alternative for an adjoining lot is feasible. (Ord. 2852 § 10 (Exh. A), 2011).
Dwelling units constructed above ground floor commercial uses shall not be required to comply with residential setback requirements; provided, that such dwelling units shall be constructed in compliance with commercial and residential standards of the fire code and the building code. (Ord. 2852 § 10 (Exh. A), 2011).
This section through MMC 22C.020.390 apply to new commercial, industrial, and mixed use development as noted herein. The purpose of this section is to:
(1) Encourage the realization and creation of a desirable and aesthetic environment in the city of Marysville;
(2) Encourage and promote development which features amenities and excellence in site planning, streetscape, building design and contribution to community charm;
(3) Encourage creative approaches to the use of land and related physical developments;
(4) Minimize incompatible and unsightly surroundings and visual blight which prevent orderly community development;
(5) Allow a mixture of complementary land uses that may include housing, retail, offices, and commercial services, to create economic and social vitality and to encourage the linking of vehicle trips;
(6) Develop commercial and mixed use areas that are safe, comfortable and attractive to pedestrians;
(7) Reinforce streets as public places that encourage pedestrian and bicycle travel;
(8) Reduce opportunities for crimes against persons and property;
(9) Minimize land use conflicts and adverse impacts;
(10) Provide roadway and pedestrian connections between residential and commercial areas;
(11) Provide public places and open space networks to create gateways, gathering places, and recreational opportunities that enhance the natural and built environment;
(12) Minimize the rate of crime associated with persons and property and provide for the highest standards of public safety through the implementation of crime prevention through environmental design (CPTED) principles in design review. (Ord. 3244 § 1 (Exh. A), 2022; Ord. 2852 § 10 (Exh. A), 2011).
(1) The intent of these design standards is to:
(a) Provide building design that has a high level of design quality and creates comfortable human environments;
(b) Incorporate design treatments that add interest and reduce the scale of buildings;
(c) Encourage building design that is authentic and responsive to site conditions; and
(d) Encourage functional, durable, and environmentally responsible buildings.
(2) Applicability.
(a) The design standards in MMC 22C.020.245 apply to light industrial (LI) zoned properties as generally described below, and as depicted in Maps 1 and 2:
(i) Within the Smokey Point master plan area;
(ii) With a general commercial (GC) overlay;
(iii) Located southwest of the intersection of 88th Street NE and State Avenue; and
(iv) Abutting State Avenue/Smokey Point Boulevard, 128th Street NE, 136th Street NE, and 152nd Street NE; provided, that design standards shall only apply to buildings located within 150 feet of these public streets for properties not subject to subsections (2)(a)(i) through (2)(a)(iii) of this section.
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Map 1
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Map 2
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(b) The design standards in MMC 22C.020.250 apply to all new development within the following zones: general commercial (GC), community business (CB), downtown commercial (DTC), neighborhood business (NB), and mixed use (MU); provided, that development that is exclusively multi-family shall be subject to the design standards set forth in MMC 22C.010.290.
(c) The following activities shall be exempt from the design standards set forth in MMC 22C.020.245 and 22C.020.250:
(i) Construction activities which do not require a building permit;
(ii) Interior remodels of existing structures;
(iii) Modifications or additions to existing commercial, industrial, office and public properties when the modification or addition:
(A) Constitutes less than 10 percent of the existing horizontal square footage of the use or structure; and
(B) Constitutes less than 10 percent of the existing building’s exterior facade.
(3) Interpreting and Applying the Design Standards.
(a) These standards capture the community visions and values as reflected in the comprehensive plan’s neighborhood planning areas. The city’s community development director (hereinafter referred to as “director”) retains full authority to determine whether a proposal meets these standards. The director is authorized to promulgate guidelines, graphic representations, and examples of designs and methods of construction that do or do not satisfy the intent of these standards.
(b) Many of these site and building design standards call for a building or site to feature one or more elements from a menu of items. In these cases, a single element, feature, or detail may satisfy multiple objectives. For example, a specially designed or fabricated covered entry with attractive detailing might be counted toward requirements for human scale, building corners, and building details.
(c) Within these standards, certain words are used to indicate the relative importance and priority the city places upon a particular standard.
(i) The words “shall,” “must,” and “is/are required” mean that the development proposal must comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance; or
(B) The development proposal meets the intent of the standards in some other manner.
(ii) The word “should” means that the development proposal will comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance;
(B) The development proposal meets the intent of the standards in some other manner; or
(C) There is convincing evidence that applying the standard would not be in the public interest.
(iii) The words “is/are encouraged,” “can,” “consider,” “help,” and “allow” mean that the action or characteristic is allowed and will usually be viewed as a positive element in the city’s review.
(d) The project proponent may submit proposals that he/she feels meet the intent of the standards but not necessarily the specifics of one or more standards. In this case, the director will determine if the intent of the standard has been met. (Ord. 3331 § 9 (Exh. I), 2024; Ord. 3293 § 1 (Exh. A), 2023; Ord. 3260 § 11 (Exh. K), 2023; Ord. 3244 § 2 (Exh. B), 2022; Ord. 3193 § 18, 2021; Ord. 2927 § 9, 2013; Ord. 2852 § 10 (Exh. A), 2011).
(1) Applicability.
(a) 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.
(b) The site and building design standards of this section apply to development of the light industrial (LI) and light industrial with general commercial overlay (LI-GC) zoned properties as generally described and depicted in MMC 22C.020.240(2).
(c) The crime prevention through environmental design (CPTED) provisions of this section apply to all new commercial developments of over 12,000 square feet in building area.
(2) Site Layout and Building Orientation.
(a) The site shall be planned to create an attractive and functional street edge that accommodates pedestrian access. Examples of ways that a development meets the requirements of this provision are to:
(i) Define the street edge with buildings, landscaping or other features.
(ii) Provide for building entrances that are visible from the street and primary parking area.
(iii) Provide for a sidewalk at least five feet wide if there is not space in the public right-of-way.
(iv) Provide building entries that are accessed from the sidewalk; preferably these access ways should be separated from the parking and drive aisles. If access traverses the parking lot, then it should be raised and clearly marked.
(b) The front building facade shall be oriented towards at least one street. For sites that front multiple streets, buildings are encouraged to orient towards both streets; provided, that priority shall be given to streets that are more visible and/or provide a better opportunity for increased pedestrian activity as determined by the director.
(c) Passenger vehicle parking should be located in front of the building near the entrance. Commercial vehicle parking should be located behind or to the side of buildings. Passenger and commercial vehicle accesses should be separated where allowed by the city’s engineering design and development standards.
(d) Service areas shall be located behind buildings, and screened in accordance with MMC 22C.120.160, Screening and impact abatement. Service courts are encouraged when the development includes multiple buildings, or as common facilities between sites when access is shared.
(e) Large sites (over two acres) shall provide amenities for employees and visitors such as benches, weather protected seating areas, covered walkways, or other features that are integrated into the site design. On-site open space is encouraged to be provided. The number and type of amenities shall be approved by the director based on site acreage, layout, and end users.
(3) Relationship of Buildings and Site to Adjoining Area.
(a) 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.
(b) Harmony in texture, lines and masses is encouraged.
(c) Attractive landscape transition to adjoining properties shall be provided.
(d) Public and quasi-public buildings and structures shall be consistent with the established neighborhood character.
(4) Landscape and Site Treatment.
(a) 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:
(i) The landscape plan shall demonstrate visual relief from large expanses of parking areas.
(ii) The landscape plan shall provide some physical separation between vehicular and pedestrian traffic.
(iii) The landscape plan shall provide decorative landscaping as a focal setting for signs, special site elements, and/or pedestrian areas.
(iv) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.
(v) Where building sites limit planting, the placement of trees or shrubs in parkways or paved areas is encouraged.
(vi) Screening of outdoor service yards and other places which tend to be unsightly shall be accomplished by use of walls, fencing, planting, berms or combinations of these.
(vii) Landscaping should be designed to create definition between public and private spaces.
(viii) Where feasible, the landscape plan shall coordinate the selection of plant material to provide a succession of blooms, seasonal color, and a variety of textures.
(ix) The landscape plan shall provide a transition in landscaping design between adjacent sites, within a site, and from native vegetation areas in order to achieve greater continuity.
(x) The landscape plan shall use plantings to highlight significant site features and to define the function of the site, including parking, circulation, entries, and open spaces.
(xi) Where feasible, the landscape plan shall integrate natural approaches to storm water management, including featured low impact development techniques.
(b) Street Landscaping. Where the site plan includes streetscape plantings, the following guidelines apply:
(i) Sidewalks and pathways should be separated from the roadway by planting strips with street trees wherever possible.
(ii) Planting strips should generally be at least five feet in width. They should include evergreen shrubs no more than four feet in height and/or ground cover in accordance with the city of Marysville landscape standards (Chapter 22C.120 MMC) and Marysville administrative landscaping guidelines.
(iii) Street trees placed in tree grates may be more desirable than planting strips in key pedestrian areas.
(iv) Use of trees and other plantings with special qualities (e.g., spring flowers and/or good fall color) are strongly encouraged to unify development.
(c) 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, 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:
(i) All public areas shall be lighted with average minimum and maximum levels as follows:
(A) Minimum (for low or nonpedestrian and vehicular traffic areas) of one-half foot candle;
(B) Moderate (for moderate or high volume pedestrian areas) of one to two foot candles; and
(C) Maximum (for high volume pedestrian areas and building entries) of four foot candles.
(ii) Lighting shall be provided at consistent levels, with gradual transitions between maximum and minimum levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and dark areas shall be avoided.
(iii) Parking lot lighting shall be subject to the provisions set forth in MMC 22C.130.050(3)(d).
(iv) Pedestrian-scale lighting (light fixtures no taller than 15 feet) is encouraged in areas with high anticipated pedestrian activity. All fixtures over 15 feet in height shall be fitted with a full cut-off shield, be dark sky rated, and mounted no more than 25 feet above the ground with lower fixtures preferable so as to maintain a human scale. Lighting shall enable pedestrians to identify a face 45 feet away in order to promote safety.
(v) Light levels at the property line should not exceed 0.1 foot candle (fc) adjacent to business properties, and 0.05 foot candle adjacent to residential properties.
All building lights shall be directed onto the building itself and/or the ground immediately adjacent to it. The light emissions should not be visible above the roofline of the building. Light fixtures other than traditional cobra heads are encouraged.
(vi) Uplighting on trees and provisions for seasonal lighting are encouraged.
(vii) Accent lighting on architectural and landscape features is encouraged to add interest and focal points.
(5) Site Design Utilizing Crime Prevention Through Environmental Design (CPTED) Principles. Development that is subject to this section shall incorporate the following CPTED strategies into building design and site layout:
(a) 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.
(b) 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.
(c) 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. Examples of ways in which a proposal can comply with CPTED principles are outlined in the CPTED Guidelines for Project Design and Review, prepared by the city.
(6) Building Design – Architectural Scale. The architectural scale standards are intended to encourage compatibility of structures with adjacent properties, to help the building fit in with its context, and to add visual interest to buildings.
(a) Facade Modulation. All new buildings shall provide modulation (measured and proportioned inflexion or setback in a building’s facade) on facades facing a public street, trail, parking lot, park, or within 100 feet of and visible from a residential use in a residential zone as follows:
(i) Walls over 150 feet long must break up the length of the facade by providing vertical modulation at least eight feet deep and 20 feet long at appropriate intervals (on multistory buildings, the modulation must extend through at least half of the building floors).
(ii) The minimum modulation depth detailed in subsection (6)(a)(i) of this section may be reduced to two feet if tied to a change in color or building materials, and/or roofline modulation.
(iii) The director may consider departures from these standards, provided the proposed treatment meets or exceeds the intent of these standards.
(b) Facade Articulation. All new buildings shall provide facade articulation on facades facing a public street, trail, parking lot, park, or within 100 feet of and visible from a residential use in a residential zone as follows:
(i) Articulation of the building’s base, middle, and top.
(A) The “base” shall be distinct at ground level through the use of articulation, or building materials that suggest stability and strength, such as stone, masonry, or concrete.
(B) The “middle” of the building shall be distinguished through a change in material or color, windows, or other architectural features.
(C) The “top” of the building shall emphasize a distinct profile or outline with elements such as a project parapet, cornice, variation in roofline, or other technique.
(ii) At least two of the following articulation features must be provided for every 60 feet of facade:
(A) Window fenestration.
(B) Weather protection.
(C) Change in roofline.
(D) Change in building material or siding.
(E) Vertical piers/columns.
(F) Trellises/art/living wall.
(G) Strong vertical and horizontal reveals, off-sets, or other three dimensional details; or
(H) Other methods that meet the intent of these standards.
Exception: Alternative articulation methods will be considered by the director provided such treatment meets or exceeds the intent of the standards and guidelines. For example, use of high-quality building materials (such as brick or stone) with attractive detailing may allow a building to meet the intent of the standards using greater articulation intervals. Also, where the articulated features are more effective in breaking up the facade into smaller components, then a greater distance between articulation intervals may be acceptable.
(c) Where the view of buildings from trails, parks, or residential zones is obscured due to the provision of high quality landscape screening and fencing, or existing vegetation or structures, the director may waive compliance with this section for the impacted facades.
(7) Building Materials. The building materials standards are intended to encourage the use of a variety of high-quality, durable materials that will enhance the visual image of the city; provide visual interest and distinct design qualities; and promote compatibility and improvement within surrounding neighborhoods through effective architectural detailing and the use of traditional building techniques and materials. The following standards apply:
(a) Building exteriors shall be constructed from high-quality, durable materials. Exterior building materials shall not project or reflect natural or artificial lighting or glare into residential areas. Exterior building materials shall be factory finished, stained, integrally colored, or otherwise suitably treated. Materials may include:
(i) Split face or fluted concrete masonry units (CMU).
(ii) Factory glazed concrete masonry units (CMU).
(iii) Face brick.
(iv) Stone veneer.
(v) Insulated glazing and framing systems.
(vi) Architectural pre-cast concrete.
(vii) Painted or stained site-cast concrete.
(viii) Architectural concrete.
(ix) Factory finished, standing seam metal roofing (for pitched roofs only).
(x) Architectural metal. Metal siding must have visible corner molding and trim, and must be factory finished with a matte, nonreflective surface.
(xi) Alternative materials may be approved by the director; provided, that the design quality and permanence meet the intent of this section.
(b) Prohibited materials 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:
(i) Highly tinted or mirrored glass (except stained glass) covering more than 10 percent of the exterior of any building, or located at the ground level along the street.
(ii) Corrugated fiberglass.
(iii) Prefabricated metal buildings with corrugated metal siding.
(iv) Plywood siding, including T-111 and similar siding. Board and batten is an exception.
(v) Materials which project or reflect natural or artificial glare onto public streets (e.g., highly reflective sheet metal, etc.).
(vi) Vinyl siding on the ground floor.
(vii) Any sheet materials, such as wood or metal siding, with exposed edges or unfinished edges, or made of nondurable materials as determined by the director.
(8) Blank Walls.
(a) The blank wall standards are intended to: reduce the visual impact of large, undifferentiated walls; reduce the apparent size of large walls through the use of various architectural and landscaping treatments; enhance the character and identity of the city; and ensure that visible sides of buildings provide visual interest. A wall (including building facades and other exterior building walls) is defined as a blank wall if a ground floor wall or portion of a ground floor wall over six feet in height has a horizontal length greater than 50 feet that does not have a significant building feature, such as a window, door, modulation, articulation, or other special wall treatment within that 50-foot section.
(b) All blank walls within 150 feet of and visible from a parking lot or drive aisle (excluding service area parking), public street, trail, park, or residential use in a residential zone shall be treated in one or more of the following measures:
(i) Incorporate windows or doors;
(ii) Install a vertical trellis in front of the wall with climbing vines or plant materials sufficient to obscure or screen at least 50 percent of the wall’s surface within three years; said landscaping shall be subject to a landscape maintenance security held for three years to ensure that the vines or plant materials successfully establish. For large blank wall areas, the trellis must be used in conjunction with other treatments described below;
(iii) Provide a landscaped planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the wall. Plant materials must be able to obscure or screen at least 50 percent of the wall’s surface within three years; said landscaping shall be subject to a landscape maintenance security held for three years to ensure that the landscape materials successfully establish;
(iv) Provide artwork (mosaic, mural, decorative masonry, metal patterns or grillwork, sculpture, relief or other art, etc.) over at least 50 percent of the blank wall surface. Artwork should be located in areas that have good visibility to the public, and artwork, particularly murals, are strongly encouraged to reflect the history and heritage of the city and state;
(v) Provide architectural features such as setbacks, indentations, overhangs, projections, articulated cornices, bays, reveals, canopies, or awnings;
(vi) Provide material variation, textural changes, brick or metal banding, or color changes;
(vii) Other method as approved by the director. For example, landscaping or other treatments may not be necessary on a wall that employs high-quality building materials (such as brick) and provides desirable visual interest.
(9) Building Entrances. The intent of the building entrances standards is to ensure that buildings are inviting and accessible, that entrances are easy to locate, and that pedestrian activity is encouraged.
(a) Distinctive Entrance Treatment. An architectural treatment that is distinctive and proportional to the facade must be provided by the primary building entrance. Distinctive entrance treatments may include, but are not limited to, a more prominent or higher roofline or parapet above the entrance, decorative columns or posts, or equivalent treatment as determined by the director.
(b) Weather Protection. Weather protection at least five feet deep and at least eight feet above ground level is required over the primary building entrances. Weather protection at least three feet deep and at least eight feet above ground level is required over the secondary entrances (applies only to entrances used by the public). Entrances may satisfy the weather protection requirements by being set back into the building facade.
(c) Lighting. Pedestrian entrances must be lit to at least four foot candles as measured on the ground plane.
(d) Visibility and Accessibility. Building entrances must be prominent and visible from the surrounding streets and must be connected by a walkway to the public sidewalk. Pedestrian pathways from public sidewalks to primary entrances or from parking lots to primary entrances shall be accessible, conforming to federal and state Americans with Disabilities Act requirements, and shall be clearly delineated.
(e) Transparency. Entries must feature glass doors, windows, or glazing (window area) in or near the door so that the visitor and occupant can view people opening the door from the other side. (Ord. 3331 § 10 (Exh. J), 2024; Ord. 3293 § 2 (Exh. B), 2023; Ord. 3244 § 3 (Exh. C), 2022).
(1) Applicability.
(a) 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.
(b) The site and building design standards of this section apply to institutional and commercial development.
(c) The crime prevention through environmental design (CPTED) provisions of this section apply to all new commercial developments of over 12,000 square feet in building area.
(2) Relationship and Orientation of Buildings to Site and Street Front.
(a) The site shall be planned to create an attractive street edge and accommodate pedestrian access. Examples of ways that a development meets the requirements of this provision are to:
(i) Define the street edge with buildings, landscaping or other features (see Figure 1).
(ii) Provide for building entrances that are visible from the street.
(iii) Provide for a sidewalk at least five feet wide if there is not space in the public right-of-way.
(iv) Provide building entries that are accessed from the sidewalk; preferably these access ways should be separated from the parking and drive aisles. If access traverses the parking lot, then it should be raised and clearly marked.
(b) The development shall provide site development features that are visible and pedestrian-accessible from the street. These features could include plazas, open space areas, employee lunch and recreational areas, architectural focal points, and access lighting.
(c) The development shall create a well-defined streetscape to allow for the safe movement of pedestrians.
(d) Commercial and mixed use buildings must be oriented towards at least one street. For sites that front multiple streets, commercial and mixed use buildings are encouraged to orient towards both streets; provided, that priority shall be given to streets that are more visible and/or provide a better opportunity for increased pedestrian activity.
(e) Commercial and mixed use building facades facing the street must have transparent windows or door covering at least 25 percent of the ground floor facade between four to eight feet above the level of the sidewalk. Departures will be considered by the director; provided, that the proposed building configuration and design enhances the pedestrian environment.
(f) No more than 50 percent of total project parking spaces may be located between the building’s facade 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 factors as determined by the director. Where the property fronts on more than one public street, this provision applies to only one street frontage.
(g) Parking lots may not be located on corner locations adjacent to public streets unless no feasible on-site alternative exists.
(h) For large commercial and mixed use sites (over two acres) that feature multiple buildings, developments shall configure buildings to create focal points for pedestrian activity on the site. However, no more than 50 percent of the street frontage may be occupied by vehicular access or parking. Exceptions: An increased percentage of parking or vehicular access along the street front may be allowed where the configuration allows the development to better meet the intent of these standards. For example, if the configuration allows for a centralized plaza surrounded by a concentration of retail uses, an increase in the percentage of parking along the street front would be allowed.

Figure 1 – Examples of buildings that provide a well-defined streetscape.
(3) Relationship of Buildings and Site to Adjoining Area.
(a) 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.
(b) Harmony in texture, lines and masses is encouraged.
(c) Attractive landscape transition to adjoining properties shall be provided.
(d) Public and quasi-public buildings and structures shall be consistent with the established neighborhood character.
(4) Landscape and Site Treatment.
(a) 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:
(i) The landscape plan shall demonstrate visual relief from large expanses of parking areas.
(ii) The landscape plan shall provide some physical separation between vehicular and pedestrian traffic.
(iii) The landscape plan shall provide decorative landscaping as a focal setting for signs, special site elements, and/or pedestrian areas.
(iv) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.
(v) Where building sites limit planting, the placement of trees or shrubs in parkways or paved areas is encouraged.
(vi) Screening of outdoor service yards and other places which tend to be unsightly shall be accomplished by use of walls, fencing, planting, berms or combinations of these.
(vii) Landscaping should be designed to create definition between public and private spaces.
(viii) Where feasible, the landscape plan shall coordinate the selection of plant material to provide a succession of blooms, seasonal color, and a variety of textures.
(ix) The landscape plan shall provide a transition in landscaping design between adjacent sites, within a site, and from native vegetation areas in order to achieve greater continuity.
(x) The landscape plan shall use plantings to highlight significant site features and to define the function of the site, including parking, circulation, entries, and open spaces.
(xi) Where feasible, the landscape plan shall integrate natural approaches to storm water management, including featured low impact development techniques.
(b) Street Landscaping. Where the site plan includes streetscape plantings, the following guidelines apply:
(i) Sidewalks and pathways should be separated from the roadway by planting strips with street trees wherever possible.
(ii) Planting strips should generally be at least five feet in width. They should include evergreen shrubs no more than four feet in height and/or ground cover in accordance with the city of Marysville landscape standards (Chapter 22C.120 MMC) and Marysville administrative landscaping guidelines.
(iii) Street trees placed in tree grates may be more desirable than planting strips in key pedestrian areas.
(iv) Use of trees and other plantings with special qualities (e.g., spring flowers and/or good fall color) are strongly encouraged to unify development.
(c) Plaza/Pedestrian Area Landscaping Within Shopping Centers and Mixed Use Site Plans.
(i) A range of landscape materials – trees, evergreen shrubs, ground covers, and seasonal flowers – shall be provided for color and visual interest.
(ii) Planters or large pots with small shrubs and seasonal flowers may be used to create protected areas within the plaza for sitting and people watching.
(iii) Creative use of plant materials, such as climbing vines or trellises, and use of sculpture groupings or similar treatments are encouraged.
(iv) All landscaping plans shall be submitted during site plan review for approval.
(d) 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:
(i) All public areas shall be lighted with average minimum and maximum levels as follows:
(A) Minimum (for low or nonpedestrian and vehicular traffic areas) of one-half foot candle;
(B) Moderate (for moderate or high volume pedestrian areas) of one to two foot candles; and
(C) Maximum (for high volume pedestrian areas and building entries) of four foot candles.
(ii) Lighting shall be provided at consistent levels, with gradual transitions between maximum and minimum levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and dark areas shall be avoided.
(iii) Parking lot lighting shall be subject to the provisions set forth in MMC 22C.130.050(3)(d).
(iv) Pedestrian-scale lighting (light fixtures no taller than 15 feet) is encouraged in areas with high anticipated pedestrian activity. All fixtures over 15 feet in height shall be fitted with a full cut-off shield, be dark sky rated, and mounted no more than 25 feet above the ground with lower fixtures preferable so as to maintain a human scale. Lighting shall enable pedestrians to identify a face 45 feet away in order to promote safety.
(v) Light levels at the property line should not exceed 0.1 foot candles (fc) adjacent to business properties, and 0.05 foot candles adjacent to residential properties.
All building lights shall be directed onto the building itself and/or the ground immediately adjacent to it. The light emissions should not be visible above the roofline of the building. Light fixtures other than traditional cobra heads are encouraged.
(vi) Uplighting on trees and provisions for seasonal lighting are encouraged.
(vii) Accent lighting on architectural and landscape features is encouraged to add interest and focal points.
(5) Site Design Utilizing Crime Prevention Through Environmental Design (CPTED) Principles. Development that is subject to this section shall incorporate the following CPTED strategies into building design and site layout:
(a) 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.
(b) 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.
(c) 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.
Examples of ways in which a proposal can comply with CPTED principles are outlined in the CPTED Guidelines for Project Design and Review, prepared by the city.
(6) Building Design – Human-Scale Standards. The human-scale standards are intended to encourage the use of building components that relate to the size of the human body and to add visual interest to buildings. “Human scale” addresses the relationship between a building and the human body. Generally, buildings attain a good human scale when they feature elements or characteristics that are sized to fit human activities, such as doors, porches, and balconies. A minimum of three of the following human-scale building elements shall be incorporated into the new development:
(a) Balconies in upper stories, at least one balcony per upper floor on the facades facing streets, provided they are integrated into the architecture of the building;
(b) Bay windows or other window treatments that extend out from the building face;
(c) At least 150 square feet of pedestrian-oriented space for each 100 lineal feet of building facade;
(d) First floor individual windows, generally less than 32 square feet per pane and separated from the windows by at least a six-inch molding;
(e) Spatially defining building elements, such as a trellis, overhang, canopy, or other element, that defines space that can be occupied by people;
(f) Upper story setbacks, provided one or more of the upper stories are set back from the face of the building at least six feet;
(g) Composing smaller building elements near the entry of pedestrian-oriented street fronts of large buildings (see Figure 4);
(h) 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.
Figure 2 – Illustrating a variety of human-scale components on a building.

Figure 3 – This mixed use building incorporates decks, upper level setbacks, trellises, and landscaping to meet human-scale guidelines.

Figure 4 – Example of composing smaller building elements near the entry of large buildings.
(7) Building Design – Architectural Scale. The architectural scale standards are intended to encourage compatibility of structures with nearby commercial areas, to help the building fit in with its context, and to add visual interest to buildings. All facades shall be given equal design consideration. Some flexibility may be given by the director for alley or other facades that are not visible from streets, parks, parking lots, or other uses.
(a) Facade Modulation. All new 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:
(i) Buildings with facades that are 30 feet or longer shall provide modulation of the exterior wall that extends through all floors.
(ii) The minimum modulation depth shall be five feet and the minimum modulation width for each modulation shall be 10 feet. On facades that are 100 feet or longer, the minimum depth of modulation shall be 10 feet and the minimum width for each modulation shall be 20 feet.
(iii) The minimum modulation depth detailed in subsection (7)(a)(ii) of this section may be reduced to two feet if tied to a change in color or building materials, and/or roofline modulation as defined in subsection (7)(d) of this section.
(iv) The director may consider departures from these standards, provided the proposed treatment meets or exceeds the intent of these standards.
(b) Street Front Articulation. All building facades fronting directly on a street must include at least two of the following articulation features at intervals no greater than 30 feet (see Figure 5):
(i) Use of window and/or entries that reinforce the pattern of small storefront spaces.
(ii) Use of weather protection features that reinforce the pattern of small storefronts. For example, for a business that occupies three lots, use three separate awnings to break down the scale of the storefronts. Alternating colors of the awnings may be useful as well.
(iii) Change of roofline.
(iv) Articulation of the building’s top, middle, and bottom for multistory buildings. This typically includes a distinctive ground floor or lower floor design, consistent articulation of middle floors, and a distinctive roofline.
(v) Change in building material or siding style.
(vi) Other methods that meet the intent of these standards.
(c) Articulation for Facades Not Fronting Directly on a Street. All facades not fronting directly on a street, or containing a pedestrian entrance, that are not subject to subsection (7)(b) of this section must include at least three of the following articulation features at intervals no greater than 70 feet:
(i) Use of window and/or entries that reinforce the pattern of small storefront spaces.
(ii) Vertical building modulation. The minimum depth and width of modulation shall be two and four feet, respectively (preferably tied to a change in roofline, building material or siding style).
(iii) Use of weather protection features that reinforce the pattern of small storefronts.
(iv) Change of roofline.
(v) Change in building material or siding style.
(vi) Providing lighting fixtures, trellis, tree, or other landscape feature within each interval.
(vii) Articulation of the building’s top, middle, and bottom for multistory buildings. This typically includes a distinctive ground floor or lower floor design, consistent articulation of middle floors, and a distinctive roofline.
(viii) Other methods that meet the intent of these standards.
Exception: Alternative articulation methods will be considered by the director provided such treatment meets the intent of the standards and guidelines. For example, use of high-quality building materials (such as brick or stone) with attractive detailing may allow a building to meet the intent of the standards using greater articulation intervals. Also, where the articulated features are more substantial in terms of effectively breaking up the facade into smaller components, then a greater distance between architectural intervals may be acceptable.
(d) Roofline Modulation.
(i) In order to qualify as an articulation element in subsections (7)(a) and (b) of this section or in this subsection, the roofline shall meet the following modulation requirement (see Figure 8):
(A) For flat roofs or facades with horizontal eave, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of the wall) when combined with vertical building modulation techniques described in subsection (7)(b) of this section. Otherwise, the minimum vertical dimension of roofline modulation is the greater of four feet or 0.2 multiplied by the wall height.
(B) Buildings with pitched roofs must include a minimum slope of 5:12 and feature modulated roofline components at the interval required per the applicable standard above.
(ii) For large-scale retail uses (with at least 50,000 square feet of floor area and facades greater than 150 feet in width), the storefront shall integrate a prominent entry feature combining substantial roofline modulation with vertical building modulation and a distinctive change in materials and/or colors (see Figure 10). The minimum vertical dimension of roofline modulation is the greater of six feet or 0.3 multiplied by the wall height (finished grade to top of the wall). The director will consider alternative treatments provided they meet the intent of these standards.


Figure 5 – For commercial buildings built up to the sidewalk, provide facade articulation features at no more than 30-foot intervals.

Figure 6 – Building articulation.

Figure 7 – These buildings illustrate a combination of horizontal building modulation, roofline modulation, and building articulation to reduce the architectural scale and provide visual interest.

Figure 8 – Roofline modulation standards.

Figure 9 – This development uses a variety of roof forms and heights, different weather protection features, changing building materials and colors, and a modest amount of horizontal building modulation to reduce the overall architectural scale into smaller “storefront” components.

Figure 10 – Good examples of prominent pedestrian entries for large-scale retail uses. Note height change, vertical modulation, use of building materials, colors, and detailing to add interest and emphasis.
(8) Building Corners. The building corners standards are intended to architecturally accentuate building corners at street intersections, to create visual interest, and to increase activity, where appropriate. All new buildings located within 15 feet of a property line at the intersection of streets are required to employ one or more of the following design elements or treatments to the building corner facing the intersection:
(a) Provide at least 100 square feet of pedestrian-oriented space between the street corner and the building(s). To qualify for this option, the building(s) must have direct access to the space;
(b) Provide a corner entrance to courtyard, building lobby, atrium, or pedestrian pathway;
(c) Include a corner architectural element such as:
(i) Bay window or turret.
(ii) Roof deck or balconies on upper stories.
(iii) Building core setback “notch” or curved facade surfaces.
(iv) Sculpture or artwork, either bas-relief, figurative, or distinctive use of materials.
(v) Change of materials.
(vi) Corner windows.
(vii) Special lighting;
(d) Special treatment of the pedestrian weather protection canopy at the corner of the building; and/or
(e) Other similar treatment or element approved by the director.

Figure 11 – Corner building treatment.

Figure 12 – Decorative use of windows, change of materials, and special lighting creates a statement at this corner location.
(9) Building Design Details. The building design details standards are intended to ensure that buildings have design interest at all observable distances; to enhance the character and identity of the city; and to encourage creative design. At closer distances, the most important aspects of a building are its design details, texture of materials, quality of its finishes, and small, decorative elements. All new commercial buildings and individual storefronts shall include at least one detail element from each of the three categories below. Other mixtures of detail elements will be considered provided they meet the intent of these standards. The applicant must demonstrate how the amount, type, and mix of details meet the intent of these standards. For example, a large building with multiple storefronts will likely need more than one decorative sign, transom window, and decorative kickplate to meet the intent of these standards.
(a) Window and/or Entry Treatment. Special treatment of windows and doors, other than standard metal molding/framing details, around all ground floor windows and doors, decorative glazing, or door designs.
(i) Display windows divided into a grid of multiple panes.
(ii) Transom windows.
(iii) Roll-up windows/doors.
(iv) Other distinctive window treatment that meets the intent of the standards and guidelines.
(v) Recessed entry.
(vi) Decorative door.
(vii) Arcade.
(viii) Landscaped trellises or other decorative element that incorporates landscaping near the building entry.
(ix) Other decorative entry treatment that meets the intent of these standards.
(b) Decorative facade attachments:
(i) Decorative weather protection element such as a steel canopy, decorative cloth awning, or retractable awning.
(ii) Decorative, custom hanging, sculptural, or hand-crafted sign(s).
(iii) Decorative building-mounted light fixtures with a diffuse visible light source or unusual fixture.
(iv) Decorative or special railings, grill work, or landscape guards.
(c) Building materials and other facade elements:
(i) Decorative building materials/use of building materials such as decorative masonry, shingle, tile, brick, or stone.
(ii) Individualized patterns or continuous wood details, such as fancy butt shingles (a shingle with the butt end machined in some pattern, typically to form geometric designs), decorative moldings, brackets, trim or lattice work, ceramic tile, stone, glass block, carrera glass, or similar materials. The applicant must submit architectural drawings and material samples for approval.
(iii) Distinctive rooflines, such as an ornamental molding, entablature, frieze, or other roofline device visible from the ground level. If the roofline decoration is in the form of a linear molding or board, then the molding or board must be at least eight inches wide.
(iv) Decorative artwork on the building such as a mosaic mural, bas-relief sculpture, light sculpture, water sculpture, or other similar artwork. Painted murals or graphics on signs or awnings do not qualify.
(v) Decorative kickplate, pier, belt course, or other similar facade element.
(vi) Special building elements, such as pilasters, entablatures, wainscots, canopies, or marquees, that exhibit nonstandard designs.
(vii) Other details that meet the intent of the standards and guidelines as determined by the director.
(viii) Decorative elements referenced above must be distinct “one-of-a-kind” elements or unusual designs that require a high level of craftsmanship as determined by the director.

Figure 13 – The building provides a number of details that enhance the pedestrian environment, including decorative lighting, planter boxes, decorative awnings, historical plaques, and decorative facade elements.
(10) Building Materials. The building materials standards are intended to encourage the use of a variety of high-quality, durable materials that will enhance the visual image of the city; provide visual interest and distinct design qualities; and promote compatibility and improvement within surrounding neighborhoods through effective architectural detailing and the use of traditional building techniques and materials. The following standards apply:
(a) Building exteriors shall be constructed from high-quality, durable materials. Building materials such as concrete, masonry, tile, stone and wood are encouraged.
(b) Metal siding, when used for walls that are visible from a public street, public park or open space, pathway, or pedestrian route must:
(i) Have visible corner moldings and trim and incorporate masonry, stone, or other durable permanent materials within two feet of the ground level;
(ii) Incorporate multiple colors or siding materials when the facade is wider than 40 feet;
(iii) Alternative standards may be approved by the director; provided, that the design quality and permanence meet the intent of this section.
(c) Concrete masonry units (CMU) or cinder block walls, when used for walls that are visible from a street, public park or open space, or pedestrian route, shall be architecturally treated in one or more of the following ways:
(i) Use in conjunction with other permitted exterior materials.
(ii) Use of a combination of textured surfaces such as split face or grooved to create distinct banding or other design.
(iii) Use of other masonry types, such as brick, glass block, or tile in conjunction with concrete blocks.
(iv) Use of decorative coursing to break up blank wall areas.
(v) Use of matching colored mortar where color is an element of architectural treatment for any of the options above.
(vi) Other treatment approved by the director.
(d) Exterior insulation and finish system (EIFS) and similar troweled finishes must:
(i) Be trimmed in wood or masonry, and should be sheltered from extreme weather by roof overhangs or other methods in order to avoid deterioration. Weather-exposed horizontal surfaces must be avoided.
(ii) Be limited to no more than 50 percent of the facade area.
(iii) Incorporate masonry, stone, or other durable material for the first two feet above ground level.
(e) Prohibited materials 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:
(i) Highly tinted or mirrored glass (except stained glass) covering more than 10 percent of the exterior of any building, or located at the ground level along the street.
(ii) Corrugated fiberglass.
(iii) Plywood siding, including T-111 and similar siding. Board and batten is an exception.
(iv) Noncorrugated and highly reflective sheet metal.
(v) Any sheet materials, such as wood or metal siding, with exposed edges or unfinished edges, or made of nondurable materials as determined by the director.
Figure 14 – The use of different building materials, window treatments, and roofline brackets add to the visual interest of this building.

Figure 15 – This storefront effectively combines EIFS and concrete block with wood trim and metal detailing.
(11) Blank Walls.
(a) The blank wall standards are intended to: reduce the visual impact of large, undifferentiated walls; reduce the apparent size of large walls through the use of various architectural and landscaping treatments; enhance the character and identity of the city; and ensure that all visible sides of buildings provide visual interest. Blank walls visible from a public street, sidewalk, trail, interior pathway, or parking lot are prohibited. A wall (including building facades and other exterior building walls, retaining walls, and fences) is defined as a blank wall if:
(i) A ground floor wall or portion of a ground floor wall over four feet in height has a horizontal length greater than 15 feet and does not include a transparent window or door; or
(ii) Any portion of a ground floor wall having a surface area of 400 square feet or greater does not include a transparent window or door.
(b) 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:
(i) Incorporate transparent windows or doors and/or display windows;
(ii) Install a vertical trellis in front of the wall with climbing vines or plant materials sufficient to obscure or screen at least 60 percent of the wall’s surface within three years. For large blank wall areas, the trellis must be used in conjunction with other treatments described below;
(iii) Provide a landscaped planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the wall. Plant materials must be able to obscure or screen at least 60 percent of the wall’s surface within three years;
(iv) Provide artwork (mosaic, mural, sculpture, relief, etc.) over at least 50 percent of the blank wall surface; and/or
(v) Other method as approved by the director. For example, landscaping or other treatments may not be necessary on a wall that employs high-quality building materials (such as brick) and provides desirable visual interest.
Figure 16 – Blank wall treatments.

Figure 17 – Terraced planting beds effectively screen a large blank wall.
(12) Building Entrances. The intent of the building entrances standards is to ensure that buildings are inviting and accessible, that entrances are easy to locate, and that pedestrian activity is encouraged.
(a) Primary Building Entrances. The principal building entrances of all buildings shall feature the following improvements, unless the director determines an alternate solution better addresses the guideline’s intent:
(i) Weather Protection. Weather protection at least five feet deep and at least eight feet above ground level is required over the primary entrance to all commercial buildings. Entries may satisfy this requirement by being set back into the building facade.
(ii) Lighting. Pedestrian entrances must be lit to at least four foot candles as measured on the ground plane for commercial buildings.
(iii) Visibility and Accessibility. Building entrances must be prominent and visible from the surrounding streets and must be connected by a walkway to the public sidewalk. Pedestrian pathways from public sidewalks to primary entrances or from parking lots to primary entrances shall be accessible, conforming to federal and state Americans with Disabilities Act requirements, and shall be clearly delineated.
(iv) Transparency. Entries must feature glass doors, windows, or glazing (window area) near the door so that the visitor and occupant can view people opening the door from the other side.

Figure 18 – A distinct, weather-protected primary building entrance.
(b) Secondary Public Access for Commercial Buildings. Buildings with “secondary” entrances off of a parking lot shall comply with the following measures to enhance secondary public access (applies only to entries used by the public):
(i) Weather protection at least three feet deep and at least eight feet above the ground is required over each secondary entry.
(ii) Two or more of the design elements must be incorporated within or adjacent to the secondary entry:
(A) A transparent window or door to allow visibility into the building;
(B) A landscape bed, trellis, or other permanent landscape element adjacent to the entry;
(C) Decorative architectural treatments that add visual interest to the entry;
(D) Outdoor dining or pedestrian-oriented space;
(E) Decorative lighting; or
(F) Other design elements that meet the intent of these standards as determined by the director.

Figure 19 – Examples of secondary public access. Note the planters, window signs, and awnings.
(Ord. 2927 § 10, 2013; Ord. 2870 § 7, 2011; Ord. 2852 § 10 (Exh. A), 2011).
(1) On sites abutting an alley, commercial, apartment, townhome and all group residence developments shall have parking areas placed to the rear of buildings with primary vehicular access via the alley, except when waived by the planning director due to physical site limitations.
(2) When alley access is available, and provides adequate access for the site, its use will be required unless determined to be infeasible or undesirable as determined by the community development director.
(3) When common parking facilities for attached dwellings and group residences exceed 30 spaces, no more than 50 percent of the required parking shall be permitted between the street property line and any building, except when authorized by the community development director due to physical site limitations.
(4) Direct parking space access to an alley may be used for parking lots with five or fewer spaces. (Ord. 3265 § 10 (Exh. H), 2023; Ord. 2852 § 10 (Exh. A), 2011).
(1) All structures (primary building, screening walls, canopy, canopy supports, signs, dumpster enclosures, etc.) should match architecturally by incorporating similar materials, detailing, roof, and building forms and landscaping.
(2) Pad buildings and landscaping should match the surrounding shopping center.
(3) The exterior building material should be continued along the base of the storefront windows at a minimum height of 20 inches.
(4) A three-foot-wide strip of foundation landscaping shall be provided along at least 50 percent of the building’s front elevation.
(5) A three-foot-tall masonry screen wall, earth berm, or combination shall be provided along all street frontages.
(6) A two-foot-plus border of textured paving should be provided:
(a) Around the footprint of the gasoline canopy;
(b) Between the pump area and the store entrance;
(c) Where the public sidewalk crosses the driveways; and
(d) In other pedestrian areas.
(7) Vehicular and pedestrian cross-access should be provided with adjacent commercial properties.
(8) Pad development sites should “share” driveways with the surrounding shopping center when reasonable to do so.
(9) All walls shall incorporate offsets to break up long lineal masses and cap detail or relief band to add interest. Wall materials and colors (on both sides of wall) should match primary building.
(10) A three-foot masonry screen wall, earth berm, or combination shall be provided along all street frontages.
(11) Automobile service and wash bays visible from the public street shall be screened with a six-foot masonry wall.
(12) Service activity areas (automotive, tire, etc.) should be oriented away from residential uses.
(13) Signage shall be an integral design element of a project and compatible with the exterior architecture with regard to location, scale, color and lettering.
(14) All sign colors and materials should match those of the building or the “corporate colors.” Opaque or muted sign backgrounds with cabinet-type signs are encouraged.
(15) No commercial signage should occupy the pump island area. All directional signs should be architecturally integrated.
(16) Gasoline price signs should be architecturally integrated with other signs or structures. (Ord. 3265 § 11 (Exh. I), 2023; Ord. 2852 § 10 (Exh. A), 2011).
The on-site open space and recreation space standards are intended to provide usable, accessible, and inviting open space for residents that enhances residential areas. Multifamily residential uses in the mixed use zone shall provide open space equivalent to at least 20 percent of the building’s gross floor area; vertical mixed use developments (where commercial and multifamily uses are contained in the same building) shall not be subject to this requirement; provided, that at least 80 percent of the ground floor is exclusively dedicated to commercial uses and residential uses shall be limited to walls not oriented or located along the street. The required area may be satisfied with one or more of the elements listed below:
(1) Common open space accessible to all residents shall count for up to 100 percent of the required open space. This includes landscaped courtyards or decks, gardens with pathways, children’s play areas, or other multipurpose recreational and/or green spaces. Special requirements and recommendations for common spaces include the following:
(a) Space shall be large enough to provide functional leisure or recreational activity area per the director. For example, long narrow spaces less than 20 feet wide rarely, if ever, can function as usable common open space.
(b) Consider space as a focal point of development.
(c) Open space, particularly children’s play areas, shall be visible from dwelling units, positioned near pedestrian activity, and be accessible to all units.
(d) Space shall feature paths, plantings, seating, lighting and other pedestrian amenities to make the area more functional and enjoyable.
(e) Individual entries shall be provided onto common open space from adjacent ground floor residential units. Small, semiprivate open spaces for adjacent ground floor units that maintain visual access to the common area are strongly encouraged to enliven the space.
(f) Separate common space from ground floor windows, streets, service areas and parking lots with landscaping and/or low-level fencing, where desirable.
(g) Space shall be oriented to receive sunlight, facing east, west, or (preferably) south, when possible.
(h) Required setbacks, landscaping, driveways, parking, or other vehicular use areas shall not be counted toward the common open space requirement; provided, that side and rear setbacks may contribute to open space on infill lots when the director determines that the setback areas provide functional leisure or recreational area.
(i) Rooftops or rooftop decks shall not be considered as common open space for the purpose of calculating minimum open space area; provided, that the director may consider rooftops or rooftop decks as common open space where usable open space amenities are provided and available to all residents.
(j) Outdoor open space shall not include areas devoted to parking or vehicular access.
(2) The following amenities may be used to satisfy up to 50 percent of the open space requirement. A combination of these amenities may be provided in different ratios; provided, that (i) the total credit for any combination of the following amenities may not exceed 50 percent of the open space requirement, and (ii) the amount of the amenity provided is sufficient to achieve the purpose of the amenity as determined by the director:
(a) Individual balconies that provide a space usable for human activity. To qualify, the balconies shall be at least 36 square feet and have no dimension less than six feet.
(b) Natural areas that function as an amenity to the development, subject to the following requirements and recommendations:
(i) The natural area shall be accessible to all residents. For example, safe and attractive trails provided along or through the natural area where they could serve as a major amenity to the development.
(ii) Steep slopes, wetlands, or similar unbuildable areas shall not be counted in the calculations for required open space unless they provide a visual amenity for all units, as determined by the director.
(c) Storm water retention areas if the facility has natural looking edges, natural vegetation, and no fencing except along the property line. The design of such areas shall go well beyond functional storm water requirements per the director in terms of the area involved and the quality of landscaping and resident amenities. The side slope of the storm water facilities shall not exceed a grade of 1:3 (one vertical to three horizontal) unless slopes are existing, natural, and covered with vegetation.
(3) Children’s play equipment and recreational activity space for children and/or teens that include parent seating areas are required in residential complexes with 20 or more units. Exceptions: age-restricted senior citizen housing; mixed use developments (combined commercial and residential in same building); developments reserved for student housing; and developments located within a quarter mile of safe walking distance to a public park that features a play area.
(4) Active recreation facilities may be provided, subject to the following:
(a) Active recreation facilities may include, but are not limited to, exercise rooms, sports courts, swimming pools, tennis courts, game rooms, or community centers; and
(b) Indoor recreation areas may be credited towards the total recreation space requirement, when the city determines that such areas are located, designed and improved in a manner which provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors.
Figure 20 – A residential courtyard providing semiprivate patio spaces adjacent to individual units.

Figure 21 – Balconies provide private, usable open space for residents.

Figure 22 – Children’s play area incorporated into a multifamily development.
(Ord. 3265 § 12 (Exh. J), 2023; Ord. 3193 § 19, 2021; Ord. 2927 § 11, 2013; Ord. 2852 § 10 (Exh. A), 2011).
Townhouses and other ground based multifamily residential units with individual exterior entries must provide at least 200 square feet of private open space per dwelling unit adjacent to, and directly accessible from, each dwelling unit. This may include private balconies, individual rear yards, landscaped front yards, and covered front porch areas. Exception: Common open space designed in accordance with MMC 22C.020.270(1) may substitute for up to 50 percent of each unit’s required private or semi-private open space on a square foot per square foot basis.

Figure 23 – Common open space for a townhouse development.

Figure 24 – These townhouses provide balconies and semiprivate yard space.

Figure 25 – Example townhouse configuration with a combination of private open spaces adjacent to units and larger common open space accessible to all units.
(Ord. 2927 § 12, 2013; Ord. 2852 § 10 (Exh. A), 2011).
(1) Unless the open space or recreation space is dedicated to the city pursuant to subsection (2) of this section, maintenance of any open space or recreation space retained in private ownership shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the city.
(2) Open space or recreation space may be dedicated as a public park when the following criteria are met:
(a) The dedicated area is at least one and one-half acres in size, except when adjacent to an existing or planned public park;
(b) The dedicated land provides one or more of the following:
(i) Shoreline access;
(ii) Regional trail linkages;
(iii) Habitat linkages;
(iv) Recreation facilities; or
(v) Heritage sites;
(c) The entire dedicated area is located less than one mile from the project site. (Ord. 2927 § 13, 2013; Ord. 2852 § 10 (Exh. A), 2011).
Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of providing on-site recreation space when a proposed development is located within one-quarter mile of an existing or proposed recreational facility; and, in the discretion of the director, the proposed recreation facility will be of greater benefit to the prospective residents of the development. (Ord. 3265 § 13 (Exh. K), 2023; Ord. 2927 § 14, 2013; Ord. 2852 § 10 (Exh. A), 2011).
City acceptance of this payment is discretionary, and may be permitted if:
(1) The proposed on-site open space or recreation space does not meet the criteria of MMC 22C.020.290(2); or
(2) The open space or recreation space provided within a public park in the vicinity will be of greater benefit to the prospective residents of the development. (Ord. 2927 § 15, 2013; Ord. 2852 § 10 (Exh. A), 2011).
Developments shall provide storage space for the collection of recyclables as follows:
(1) The storage space shall be provided at the rate of:
(a) 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;
(b) Two square feet per every 1,000 square feet of building gross floor area in office, educational and institutional developments;
(c) Three square feet per every 1,000 square feet of building gross floor area in manufacturing and other nonresidential developments; and
(d) Five square feet per every 1,000 square feet of building gross floor area in retail developments.
(2) The storage space for residential developments shall be apportioned and located in collection points as follows:
(a) The required storage area shall be dispersed in collection points throughout the site when a residential development comprises more than one building.
(b) There shall be one collection point for every 30 dwelling units.
(c) Collection points may be located within residential buildings, in separate buildings/structures without dwelling units, or outdoors.
(d) Collection points located in separate buildings/structures or outdoors shall be no more than 200 feet from a common entrance of a residential building.
(e) 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.
(3) The storage space for nonresidential development shall be apportioned and located in collection points as follows:
(a) Storage space may be allocated to a centralized collection point.
(b) Outdoor collection points shall not be located in any required setback areas.
(c) 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.
(d) Access to collection points may be limited, except during regular business hours and/or specified collection hours.
(4) The collection points shall be designed as follows:
(a) Dimensions of the collection points shall be of sufficient width and depth to enclose containers for recyclables.
(b) 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.
(c) Collection points shall be identified by signs not exceeding two square feet.
(d) A six-foot wall or fence shall enclose any outdoor collection point, excluding collection points located in industrial developments that are greater than 100 feet from residentially zoned property.
(e) 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.
(f) Weather protection of recyclables shall be ensured by using weather-proof containers or by providing a roof over the storage area.
(5) Only recyclable materials generated on-site shall be collected and stored at such collection points. Except for initial sorting of recyclables by users, all other processing of such materials shall be conducted off-site. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. The fence standards promote the positive benefits of fences without negatively affecting the community or endangering public or vehicle safety. Fences can create a sense of privacy, protect children and pets, provide separation from busy streets, and enhance the appearance of property by providing attractive landscape materials. The negative effects of fences can include the creation of street walls that inhibit police and community surveillance, decrease the sense of community, hinder emergency access and the safe movement of pedestrians and vehicles, and create an unattractive appearance.
(2) Types of Fences.
(a) The standards apply to walls, fences, trellises, arbors and screens of all types whether open, solid, wood, metal, wire, masonry or other material.
(b) No barbed or razor-wire fence shall be permitted, except for the following:
(i) Industrial zones.
(ii) Confinement of livestock.
(iii) Public facilities, transmitter and transformer sites.
(iv) Government installations where security or public safety is required.
(v) Automobile holding yards and similar businesses if required under state law.
(3) Height.
(a) Business and Commercial Zones. All yards: eight feet.
(b) Industrial Zones. All yards: 10 feet.
(c) When a protective fence is located on top of a rockery, any portion of the fence above a height of eight feet shall be an open-work fence.
(d) 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.
(e) 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.
(f) 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.
(4) Setbacks.
(a) Front Lot Line.
(i) Solid fences greater than four feet in height shall be set back at least 20 feet from the street right-of-way, except in the following circumstances:
(A) For a corner lot, the 20-foot setback shall only apply to the street which provides primary access to the lot.
(B) This setback requirement may be waived or modified by the city engineer or his designee if a fence is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks.
(ii) A four-foot fence, or six-foot fence with the top two feet constructed as an open-work fence, may be constructed on the front property line, provided the fence is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks.
(b) Side lot line: No setback requirement.
(c) Rear lot line: No setback requirement.
(d) For special rules relating to fences and walls near fire hydrants, see MMC 14.03.050(2) and the International Fire Code.
(5) Fence Variances.
(a) 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.
(b) 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.
(c) 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:
(i) If the proposed fence is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks;
(ii) The proposed fence will not infringe upon or interfere with utility and/or access easements or covenant rights or responsibilities;
(iii) The increased fence height will not adversely affect adjacent property owners;
(iv) Fences greater than six feet in height are required to obtain a city building permit;
(v) Other information which is relevant and necessary to make a determination as to the validity of the request for variation. Such additional information may include site plans, elevation drawings, and information concerning the surrounding properties and uses.
(d) 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.
(e) 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. (Ord. 2898 § 6, 2012; Ord. 2852 § 10 (Exh. A), 2011).
(1) Where lighted signs and illuminated areas are permitted, such illuminating devices shall be shaded and/or directed so as not to visibly create a nuisance to any property in a residential zoning classification.
(2) Mechanical equipment located on the roof, facade or external portions of a building shall be architecturally screened so as not to be visible from adjacent properties at street level or the public street.
(3) Equipment or vents which generate noise or air emissions shall be located on the opposite side of the building from adjoining residentially designated properties. (Ord. 3244 § 4 (Exh. D), 2022; Ord. 2852 § 10 (Exh. A), 2011).
(1) Where illuminated signs and illuminated areas are permitted, such illuminating devices shall be shaded and/or directed so as not to visibly create a nuisance to any property in a residential zone classification.
(2) Industrial and exterior lighting shall not be used in such a manner that it produces glare on public highways. Arc welding, acetylene-torch cutting, or similar processes shall be performed so as not to be seen from any point beyond the outside of the property.
(3) The storage and handling of inflammable liquids, liquefied petroleum, gases, and explosives shall comply with rules and regulations falling under the jurisdiction of the city’s fire chief, and the laws of the state of Washington. Bulk storage of inflammable liquids below ground shall be permitted, and the tanks shall be located not closer to the property line than the greatest dimension (diameter, length or height) of the tank.
(4) Provisions shall be made for necessary shielding or other preventive measures against interference as occasioned by mechanical, electrical and nuclear equipment, and uses or processes with electrical apparatus in nearby buildings or land uses.
(5) Liquid and solid wastes and storage of animal or vegetable waste which attract insects or rodents or otherwise create a health hazard shall be prohibited. No waste products shall be exposed to view from eye level from any property line in an industrial district. (Ord. 2852 § 10 (Exh. A), 2011).
Existing developments that do not conform to the development standards of this chapter are subject to the standards of Chapter 22C.100 MMC, Nonconforming Situations. (Ord. 2852 § 10 (Exh. A), 2011).
The standards pertaining to the required number of auto parking spaces, bicycle parking spaces, parking lot placement, parking lot setbacks and internal parking lot pedestrian connections are stated in Chapter 22C.130 MMC, Parking and Loading. (Ord. 2852 § 10 (Exh. A), 2011).
The sign standards are stated in Chapter 22C.160 MMC, Signs. (Ord. 2852 § 10 (Exh. A), 2011).
The landscaping and screening standards are stated in Chapter 22C.120 MMC, Landscaping and Screening. (Ord. 2852 § 10 (Exh. A), 2011).
The purpose of establishing the adult facilities overlay zone is to permit the location of adult facilities in an area of the city which will reduce the secondary effects of such an establishment on the community. The performance criteria included in this zone are intended to control external as well as internal impacts of the development and bulk and special limitations in other chapters of this title are superseded by the provisions of this chapter. It is the further purpose of this zone to prevent the location of adult facilities throughout the city by consolidating them in one area. Because of the unique character of this zone, and its potential to disrupt pre-existing residential and commercial development in the community, the city will only consider classifying property in this zone if such property is designated on the comprehensive plan as “general industrial” and is suitable for adult facilities. This chapter provides alternative development standards to address unique site characteristics and to address development opportunities which can exceed the quality of standard developments, by:
(1) Establishing authority to adopt property-specific development standards for increasing minimum requirements of this code on individual sites; and
(2) Establishing the adult facilities overlay zone with alternative standards for special areas designated by the comprehensive plan or neighborhood plans. (Ord. 2852 § 10 (Exh. A), 2011).
(1) This chapter authorizes the city of Marysville to increase development standards or limit uses on specific properties beyond the general requirements of this code through property-specific development standards, and to carry out comprehensive plan policies through special districts and overlay zones which supplement or modify standard zones through different uses, design or density standards or review processes.
(2) The adult facilities overlay zone shall be applied to specific properties or areas containing several properties through zoning reclassification as provided in MMC 22G.010.420. (Ord. 2852 § 10 (Exh. A), 2011).
Adult facilities overlay zones shall be designated on the city zoning map as follows:
(1) Designation of the adult facilities overlay zone shall include policies that prescribe the purposes and location of the overlay;
(2) An adult facilities overlay zone shall be indicated on the zoning map with the suffix “-AF” following the map symbol of the underlying zone or zones;
(3) The adult facilities overlay zones set forth in this chapter may expand the range of permitted uses and development standards established by this code for any use or underlying zone; and
(4) Unless they are specifically modified by the provisions of this chapter, the standard requirements of this code and other city ordinances and regulations govern all development and land uses within the adult facilities overlay zone. (Ord. 2852 § 10 (Exh. A), 2011).
The adult facilities overlay zone is to be established only upon land located along the east side of the 47th Avenue NE alignment, in the east half of the northeast quarter of Section 33, Township 30 N., Range 5 E., W.M., and in the northeast quarter of the southeast quarter of Section 33, Township 30 N., Range 5 E., W.M., as identified on the following map:

(Ord. 2852 § 10 (Exh. A), 2011).
The following uses shall be permitted in the adult facilities overlay zone:
(1) Adult facilities.
(2) All uses allowed in the underlying zone. (Ord. 2852 § 10 (Exh. A), 2011).
Notwithstanding the provisions of Chapter 22C.100 MMC relating to nonconforming uses, any adult facility lawfully existing and operating on the effective date of the ordinance codified in this chapter or at the time of annexation of an area into the city may be continued and maintained without regard to the restrictions on adult facilities contained herein on the following conditions:
(1) There may be a change in tenancy, ownership or management of the facility; provided, that there is no change in the nature or character of the business.
(2) If the adult facility or use is vacated, abandoned or closed for a continuous period of 180 days, the nonconforming status shall be lost.
(3) The adult facility or use cannot be expanded into additional buildings or areas of buildings on the property.
(4) All other codes, ordinances, regulations and statutes shall be complied with in full.
(5) All nonconforming adult facilities and uses shall be granted a phase-out period of two years, unless said two-year period is an unreasonable period of amortization for the said use. In that event, a nonconforming adult facility shall make application to the city land use hearing examiner no later than 180 days prior to expiration of the two-year amortization period for an extension of time. The decision of the hearing examiner shall be in accordance with the provisions of Chapter 22G.060 MMC. In determining whether to recommend the granting of an extension or not, the hearing examiner shall determine whether or not the harm or hardship to the nonconforming adult facility outweighs the benefit to be gained by the public from termination of the use. Factors to be considered by the examiner include the secondary adverse effects of the business on the neighborhood/community, the location of the business in relationship to schools, parks, churches, athletic facilities, convention facilities and residential zones, initial capital investment, investment realization to date, life expectancy of the investment, the existence or nonexistence of a lease option, as well as a contingency clause permitting termination of the lease, and whether a reasonable alternative use of the property exists. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Violation of any of the provisions of this chapter relating to adult facilities is declared to be a public nuisance per se and shall be subject to abatement through civil proceedings and not by criminal prosecution.
(2) Nothing in this code is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates city codes or statutes of the state of Washington regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. (Ord. 2852 § 10 (Exh. A), 2011).
(1) This chapter provides for alternative development standards to address unique site characteristics and to address development opportunities which can exceed the quality of standard developments, by:
(a) Establishing authority to adopt property-specific development standards for increasing minimum requirements of this code on individual sites; and
(b) Establishing special districts and overlay zones with alternative standards for special areas designated by the comprehensive plan or neighborhood plans.
(2) The purpose of the mixed use (MU) zone, and mixed use special district, is to provide for pedestrian- and transit-oriented high-density employment uses together with limited complementary retail and higher density residential development in locations within activity centers where the full range of commercial activities is not desirable. These purposes are accomplished by:
(a) Allowing for uses that will take advantage of pedestrian-oriented site and street improvement standards;
(b) Providing for higher building heights and floor area ratios than those found in other commercial zones;
(c) Reducing the ratio of required parking-to-building floor area;
(d) Allowing for on-site convenient daily retail and personal services for employees and residents; and
(e) Minimizing auto-oriented, outdoor or other retail sales and services which do not provide for the daily convenience needs of on-site and nearby employees or residents. (Ord. 2852 § 10 (Exh. A), 2011).
(1) This chapter authorizes the city of Marysville to increase development standards or limit uses on specific properties beyond the general requirements of this code through property-specific development standards, and to carry out comprehensive plan policies through special districts which supplement or modify standard zones through different uses, design or density standards or review processes.
(2) A zoning reclassification, as provided in MMC 22G.010.420, must be submitted if a site is located in a designated mixed use overlay area on the comprehensive plan, and must be accompanied by a preliminary development plan prepared in compliance with the regulations and requirements of this chapter. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Use of this zone is appropriate in areas designated by the comprehensive plan for mixed use which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.
(2) A tract of land must be in single ownership or, for multiple parcels, under unified control. This requirement shall apply during preliminary and final plan stages to ensure continuity of plan development. (Ord. 2852 § 10 (Exh. A), 2011).
All development within the mixed use zone, or mixed use – special district, shall strictly comply with the following general performance standards:
(1) Preliminary and final plans must comply with bulk regulations contained in this chapter and Chapter 22C.020 MMC.
(2) All proposed sites shall be served by public water and sewer services and paved streets.
(3) Open space/recreation facilities shall be provided as outlined in MMC 22C.020.270 through 22C.020.310.
(4) Vehicular Access and Traffic.
(a) Each project shall be limited to a maximum of two points of vehicular access on any one street unless it can be demonstrated that additional points of vehicular access would not materially impede the flow of traffic on the adjoining streets.
(b) Developments which provide both residential and nonresidential uses may be eligible for an appropriate traffic mitigation fee reduction.
(c) Pedestrian access shall be a priority in review of the vehicular access plan.
(d) Access points on arterial streets shall be coordinated with adjacent properties in order to limit the overall number of access points.
(5) Pedestrian Access. All projects which contain multiple businesses and/or residential uses shall provide an interconnecting pedestrian circulation system. When a proposed development is on an established bus route, the applicant may be required to provide a bus shelter.
(6) Parking. Off-street parking for residential and nonresidential uses shall comply with Chapter 22C.130 MMC. Off-street parking requirements are modified as follows for developments within downtown neighborhood planning area 1, as defined in the city’s comprehensive plan, which provide both residential and nonresidential uses:
(a) No less than one space for every 1,000 square feet of nonresidential floor area shall be provided;
(b) For duplexes, triplexes, fourplexes, apartments, and condominiums, one space per each studio or one bedroom dwelling unit, and one and one-half spaces per each two or more bedroom unit.
(7) Lighting. Outdoor lighting shall not shine on adjacent properties, rotate or flash.
(8) Utilities. All new utility services and distribution lines shall be located underground.
(9) Sidewalks. Sidewalk width requirements shall be increased to a range of seven to 10 feet on streets designated as major pedestrian corridors. For sidewalk widths exceeding the amount required in the city of Marysville Engineering Design and Development Standards, credit will be given on a square footage basis for any dedication of the additional right-of-way.
(10) Signs. Signs shall comply with the requirements of Chapter 22C.160 MMC.
(11) Standards Incorporated by Reference. Unless specifically superseded by provisions of this chapter, performance standards for residential and commercial development found elsewhere in the Marysville Municipal Code shall apply to such developments in the mixed use zones, and mixed use – special districts, including parking requirements, storm drainage requirements, sign regulations, and noise regulations.
(12) Maintenance of Open Space, Landscaping and Common Facilities. The owner of the property, its heirs, successors and assigns, shall be responsible for the preservation and maintenance of all open space, parking areas, walkways, landscaping, fences and common facilities, in perpetuity, at a minimum standard at least equal to that required by the city, and approved by the planning director, at the time of initial occupancy. (Ord. 3260 § 12 (Exh. L), 2023; Ord. 3193 § 20, 2021; Ord. 2852 § 10 (Exh. A), 2011).
All development within the mixed use zones, and mixed use – special districts, shall strictly comply with the following general design requirements:
(1) Vehicular Access and Parking Location.
(a) On sites abutting an alley, apartment and townhome developments shall have parking areas placed to the rear of buildings with primary vehicular access via the alley, except when waived by the community development director due to physical site limitations;
(b) When alley access is available, and provides adequate access for the site, its use will be encouraged;
(c) No more than 30 percent of the site street frontage can be used for parking or driveways;
(d) Direct parking space access to an alley may be used for parking lots with five or fewer spaces.
(2) Every use shall be subject to the pedestrian-oriented development standards outlined in the comprehensive plan (e.g., placement and orientation of buildings with respect to streets and sidewalks, the use of awnings or marquees, and the placement of parking facilities). (Ord. 2852 § 10 (Exh. A), 2011).
The purpose of the small farms overlay is to provide a process for registering small farms, thereby applying the small farms overlay zone and recording official recognition of the existence of the small farm, and to provide some encouragement for the preservation of such farms, as well as encouraging good neighbor relations between small farms and adjacent residential and other development. This chapter provides alternative development standards to address unique site characteristics and addresses development opportunities which can exceed the quality of standard developments, by:
(1) Establishing authority to adopt property-specific development standards for increasing minimum requirements of this code on individual sites; and
(2) Establishing the small farms overlay zone with alternative standards for special areas designated by the comprehensive plan or neighborhood plans. (Ord. 3366 § 63 (Exh. KKK), 2025; Ord. 3352 § 66 (Exh. KKK), 2025; Ord. 2852 § 10 (Exh. A), 2011).
This chapter sets forth an administrative process of procedures and standards to be followed in applying for the small farms overlay zone. This overlay zone may be applied to all zones within the city of Marysville. (Ord. 2852 § 10 (Exh. A), 2011).
(1) This chapter authorizes the city of Marysville to increase development standards or limit uses on specific properties beyond the general requirements of this code through property-specific development standards, and to carry out comprehensive plan policies through special districts and overlay zones which supplement or modify standard zones through different uses, design or density standards or review processes.
(2) The small farms overlay zone shall be applied to specific properties or areas containing several properties through the rezone criteria as provided in MMC 22G.010.440. (Ord. 2852 § 10 (Exh. A), 2011).
Small farms overlay zones shall be designated on the city zoning map as follows:
(1) Designation of a small farms overlay zone shall include policies that prescribe the purposes and location of the overlay;
(2) A small farms overlay zone shall be indicated on the zoning map with the suffix “-SF” following the map symbol of the underlying zone or zones;
(3) The small farms overlay zone may expand the range of permitted uses and development standards established by this code for any use or underlying zone; and
(4) Unless they are specifically modified by the provisions of this chapter, the standard requirements of this code and other city ordinances and regulations govern all development and land uses within the small farms overlay zones. (Ord. 2852 § 10 (Exh. A), 2011).
The following uses are permitted in the small farms overlay zone:
(1) Horticulture.
(2) Floriculture.
(3) Viticulture.
(4) Animal husbandry.
(5) Production of seed, hay and silage.
(6) Christmas tree farming.
(7) Aquaculture.
(8) Roadside stands, subject to the following standards:
(a) Roadside stands not exceeding 300 square feet in area.
(b) Roadside stands shall be exclusively for the sale of products produced on the premises, from the above listed uses.
(c) Space adequate for the parking of a minimum of three vehicles shall be provided adjacent to any stand and not less than 20 feet from any street right-of-way.
(9) One single-family residence or middle housing building per lot shall be allowed pursuant to MMC 22C.010.060 and 22C.010.080, together with accessory structures and uses. (Ord. 3366 § 64 (Exh. LLL), 2025; Ord. 3352 § 67 (Exh. LLL), 2025; Ord. 2852 § 10 (Exh. A), 2011).
Administrative approval for the small farms overlay shall be requested by the property owner and shall be granted by the community development director if the following requirements are met:
(1) The minimum lot size shall be 100,000 square feet (2.3 acres). Smaller tracts shall be permitted if such tracts were in existence and in agricultural use on, or before, enactment of Ordinance 2131 (June 9, 1992).
(2) The use of the property is an existing and ongoing agricultural activity, as defined in MMC 22A.020.060, or, in the case of a new small farm larger than 2.3 acres, the property will be used for such agricultural activity.
(3) The applicant pays a registration fee of $50.00.
(4) The property owner provides the legal description and street address of the subject property.
(5) In the case of new small farms, the applicant shall submit a site plan which includes the following additional information:
(a) Existing and/or proposed structures and required setbacks;
(b) Drainage channels, watercourses, marshes, lakes and ponds;
(c) Fences, proposed grazing/exercise areas;
(d) Distance of adjacent dwellings to the subject site’s property boundaries and buildings;
(e) Method of manure disposal; and
(f) Any regulated critical areas such as wetlands, streams, geologic hazard areas or wildlife habitat. (Ord. 2852 § 10 (Exh. A), 2011).
(1) All agricultural activities, when conducted consistent with good agricultural practices, are declared to be a permitted activity within the small farms overlay zone, notwithstanding any other section of this code. Agricultural activities undertaken in conformity with all applicable laws and rules are presumed to be good agricultural practices not adversely affecting the public health and safety.
(2) Farm machinery and livestock animal noises emanating from a farm granted the small farms overlay shall be exempt from the city’s noise code, Chapter 6.76 MMC.
(3) New subdivisions located adjacent to tracts granted the small farms overlay shall provide a six-foot-high, sight-obscuring chain-link fence along the property line, unless the developer demonstrates by clear and convincing evidence that a different barrier would be as adequate to protect the small farm. The following alternative methods of sight-obscuring screening may be utilized, but shall not be limited to:
(a) Protected critical areas and related buffers may be utilized, if directly adjacent to the small farms overlay zone; or
(b) An existing vegetative buffer which provides adequate screening and separation between the small farm use and the proposed subdivision.
The applicant shall demonstrate to the community development department that the alternative screening method proposed provides the greatest amount of protection relative to the type of adjacent agricultural use. (Ord. 2852 § 10 (Exh. A), 2011).
Bulk and dimensional requirements shall be consistent with the underlying residential zoning classification, as set forth in Chapter 22C.010 MMC. (Ord. 2852 § 10 (Exh. A), 2011).
All new small farms overlay requests, as well as existing and ongoing agricultural activities which were not granted the small farms overlay designation, shall provide a notice of application in accordance with MMC 22G.010.090. (Ord. 3256 § 2 (Exh. B), 2023; Ord. 2852 § 10 (Exh. A), 2011).
(1) Subject to subsections (2) and (3) of this section, the following shall constitute the disclosure required by this section for new small farms, development permits, building permits and transfers of real property within the small farms overlay zone:
Your real property is within, adjacent to, or within 300 feet of property designated as a small farm; therefore, you may be subject to inconveniences or discomforts arising from agricultural activities, including but not limited to noise, odors, fumes, dust, smoke, the operation of machinery of any kind, the storage and disposal of manure, the application by spraying or otherwise of chemical or organic fertilizers, soil amendments, herbicides and pesticides, hours of operation, and other agricultural activities.
Agricultural activities conducted within the overlay zone and in compliance with acceptable agricultural practices and established prior to surrounding nonagricultural activities are presumed to be reasonable and shall not be found to constitute a nuisance unless the activities have a substantial adverse effect on the public health and safety or are clearly not related to the small farm activities.
This disclosure applies to the real property which is subject to a development or building permit as of the date of the development or building permit approval or, in the case of real property transfers, the disclosure applies to the subject property as of the date of the transfer. This disclosure may not be applicable thereafter if areas subject to small farms overlay zone are changed from the small farms overlay designation.
(2) Prior to the closing of a transfer of real property within the small farms overlay zone, or real property adjacent to or within 300 feet of the small farms overlay zone, by deed, exchange, gift, real estate contract, lease with option to purchase, option to purchase, or any other means of transfer or conveyance (except transfers made by testamentary provisions or the laws of descent), the transferor shall provide the transferee a copy of the disclosure text in this section and shall record with the county auditor a copy of the same showing an acknowledgment of receipt executed by the transferee in a form prescribed by the community development director. The form of the acknowledged disclosure text shall include a statement that the disclosure notice applies to the subject real property as of the date of the transfer and may not be applicable thereafter if the small farms overlay designation is removed.
(3) Development permits and building permits for land within the small farms overlay zone or land adjacent to or within 300 feet of land within the small farms overlay zone shall include the disclosure text in this section on the final development or building permit in a location determined by the community development director. Said disclosure notice shall apply to the real property which is subject to the development or building permit as of the date of development or building permit approval and may not be applicable thereafter if areas designated with the small farms overlay zone are removed from said designation. (Ord. 2852 § 10 (Exh. A), 2011).
(1) All appeals of decisions relating to the small farms overlay zone shall be made to the hearing examiner. Such appeals must be made in writing and filed with the community development department within 14 calendar days from the date on which the decision was rendered.
(2) The written appeal shall include a detailed explanation stating the reason for the appeal. The decision of the hearing examiner shall constitute a recommendation to the city council, pursuant to MMC 22G.060.130.
(3) Standing to appeal is limited to the following:
(a) The applicant or owner of the property on which the small farms overlay is proposed; and
(b) Any aggrieved person that will thereby suffer a direct and substantial impact from the proposed overlay zone. (Ord. 2852 § 10 (Exh. A), 2011).
The filing of an appeal shall stay the running of the time periods for small farms overlay approval as set forth in this title. (Ord. 2852 § 10 (Exh. A), 2011).
Any appeals from a decision approving or disapproving the small farms overlay zone shall be in accordance with the Land Use Petition Act and shall be filed within 21 days of a final city council decision. (Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter is to apply the design guidelines in the Smokey Point master plan, as adopted by Ordinance No. 2738, as legally required standards for all new construction in the Smokey Point master plan area (MPA). It is also the purpose of this chapter to:
(1) Encourage the realization and creation of a desirable and aesthetic environment in the Smokey Point MPA;
(2) Establish a commercial/light industrial park that, based on the allowable uses in the zoning designations, provides jobs for the residents of Marysville and expands the city’s commercial/light industrial base;
(3) Encourage and promote development which features amenities and excellence in site planning, streetscape, building design and contribution to community charm;
(4) Provide design guidance that coordinates the “look and feel” of the project while ensuring ecological and environmental responsibility and providing for efficient functioning of the Smokey Point MPA;
(5) Bring the range of uses together by individual site plans that will:
(a) Demonstrate how the elements of the site relate to the street front;
(b) Provide for compatibility with adjacent land uses;
(c) Provide protection or mitigation of natural features;
(d) Enhance street fronts and street corners;
(e) Promote public safety;
(f) Incorporate service areas and storm water facilities in a nonobtrusive manner; and
(g) Provide convenient pedestrian and vehicle circulation connecting on-site activities with adjacent pedestrian routes and streets. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Applicability.
(a) The design guidelines set forth in the Smokey Point master plan, as adopted by Ordinance No. 2738, shall apply to all new construction in the Smokey Point MPA.
(b) The design guidelines shall be legally required standards, which shall be applied by the city to all development approvals and permits in the Smokey Point MPA.
(c) The following activities shall be exempt from these standards:
(i) Construction activities which do not require a building permit;
(ii) Interior remodels of existing structures;
(iii) Modifications or additions to existing commercial, industrial and public properties when the modification or addition:
(A) Constitutes less than 10 percent of the existing horizontal square footage of the use or structure; and
(B) Constitutes less than 10 percent of the existing building’s exterior facade.
(d) These standards are intended to supplement the zoning standards in the Marysville Municipal Code. Where these standards and the zoning ordinance standards conflict, the city shall determine which regulation applies based on which is more in the public interest and more consistent with the comprehensive plan.
(2) Interpreting and Applying the Design Standards.
(a) These standards capture the community visions and values as reflected in the comprehensive plan’s neighborhood planning areas. The city’s community development director (hereinafter referred to as “director”) retains full authority to determine whether a proposal meets these standards.
(b) Within these standards, certain words are used to indicate the relative importance and priority the city places upon a particular standard.
(i) The words “shall,” “must,” “will,” and “is/are required,” or words with their equivalent meaning, mean that the development proposal must comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance; or
(B) The development proposal meets the intent of the standards in some other manner.
(ii) The word “should,” or words with its equivalent meaning, means that the development proposal will comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance;
(B) The development proposal meets the intent of the standards in some other manner; or
(C) There is convincing evidence that applying the standard would not be in the public interest.
(iii) The words “is/are encouraged,” “can,” “consider,” “help,” and “allow,” or words with their equivalent meaning, mean that the action or characteristic is allowed and will usually be viewed as a positive element in the city’s review.
(c) 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. (Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter is to provide density incentives to developers of residential lands in exchange for public benefits to help achieve comprehensive plan goals of creation of quality places and livable neighborhoods, affordable housing, open space protection, historic preservation, energy conservation, and environmentally responsible design by:
(1) Defining in quantified terms the public benefits that can be used to earn density incentives;
(2) Providing rules and formulae for computing density incentives earned by each benefit;
(3) Providing a method to realize the development potential of sites containing unique features of size, topography, environmental features or shape; and
(4) Providing a review process to allow evaluation of proposed density increases and the public benefits offered to earn them, and to give the public opportunities to review and comment. (Ord. 2852 § 10 (Exh. A), 2011).
Residential density incentives (RDI) shall be used only on sites served by public sewers and only in the following zones:
(1) In the NR-4.5 and NR-6.5 zones when a planned residential development is proposed;
(2) In the R-12 through R-28 and WR-R-6-18 zones; and
(3) In the CB, CB-WR, GC, and MU zones. (Ord. 3366 § 71 (Exh. SSS), 2025; Ord. 3352 § 74 (Exh. SSS), 2025; Ord. 3219 § 1 (Exh. A), 2022; Ord. 3193 § 21, 2021; Ord. 2852 § 10 (Exh. A), 2011).
(1) The public benefits eligible to earn increased densities, and the maximum incentive to be earned by each benefit, are set forth in subsection (6) of this section. The density incentive is expressed as additional bonus dwelling units or lots (or fractions of dwelling units or lots) earned per amount of public benefit provided. Where a range is specified, the earned credit will be determined by the community development director during project review.
(2) Bonus dwelling units or lots may be earned through any combination of the listed public benefits. Substantially similar benefits cannot be applied to the same area or improvement type within a development, unless approved by the director.
(3) Residential developments with property-specific development standards requiring any public benefit enumerated in this chapter shall be eligible to earn bonus dwelling units or lots as set forth in subsection (6) of this section when the public benefits provided exceed the basic development standards of this title. When a development is located in a special overlay district, bonus units or lots may be earned if the development provides public benefits exceeding corresponding standards of the special district.
(4) In the neighborhood residential (i.e., NR-4.5 and NR-6.5) zones, bonus lots can be earned. Bonus lots may only be earned for the benefits where either lots or a percentage increase in the base density are specifically referenced in subsection (6) of this section.
(5) In multifamily zones, bonus lots can be earned when single-family or middle housing is proposed, and bonus units can be earned when multifamily or townhouse developments are proposed.
(6) The following are the public benefits eligible to earn density incentives through RDI review:
Benefit | Density Incentive |
|---|---|
1. Affordable Housing |
|
a. Benefit units consisting of rental housing permanently priced to serve nonelderly low-income households (i.e., no greater than 30 percent of gross income for household at or below 50 percent of Snohomish County median income, adjusted for household size). A covenant on the site that specifies the income level being served, rent levels and requirements for reporting to the city shall be recorded at final approval. | 1.5 bonus units per benefit, up to a maximum of 30 low-income units per five acres of site area; projects on sites of less than five acres shall be limited to 30 low-income units. |
b. Benefit units consisting of rental housing designed and permanently priced to serve low-income senior citizens (i.e., no greater than 30 percent of gross income for one- or two-person households, one member of which is 62 years of age or older, with incomes at or below 50 percent of Snohomish County median income, adjusted for household size). A covenant on the site that specifies the income level being served, rent levels and requirements for reporting to the city of Marysville shall be recorded at final approval. | 1.5 bonus units per benefit, up to a maximum of 60 low-income units per five acres of site area; projects on sites of less than five acres shall be limited to 60 low-income units. |
c. Benefit units consisting of mobile home park space or pad reserved for the relocation of an insignia or noninsignia mobile home that has been or will be displaced due to closure of a mobile home park located in the city of Marysville. | 1.0 bonus unit per benefit unit. |
2. Public Facilities (Schools, Public Buildings or Offices, Trails and Active Parks) |
|
a. Dedication of public facilities site or trail right-of-way meeting city of Marysville or agency location and size standards for the proposed facility type. | 10 bonus units or lots per usable acre of public facility land or one-quarter mile of trail exceeding the minimum requirements outlined in other sections of this title. |
b. Improvement of dedicated public facility site to city of Marysville standards for the proposed facility type. | 2 – 10 (range dependent on facility improvements) bonus units or lots per acre of improvement. If the applicant is dedicating the site of the improvements, the bonus units earned by improvements shall be added to the bonus units earned by the dedication. |
c. Improvement of dedicated trail segment to city of Marysville standards. | 1.8 bonus units or lots per one-quarter mile of trail constructed to city standard for pedestrian trails; or 2.5 bonus units or lots per one-quarter mile of trail constructed to city standard for multipurpose trails (pedestrian/bicycle/equestrian). Shorter segments shall be awarded bonus units on a pro rata basis. If the applicant is dedicating the site of the improvements, the bonus units earned by improvements shall be added to the bonus units earned by the dedication. |
d. Dedication of open space, meeting city of Marysville acquisition standards, to the city, county or a qualified public or private organization such as a nature conservancy. | 2 bonus units or lots per acre of open space. |
3. Community Image and Identity |
|
a. Contribution towards an identified capital improvement project, including, but not limited to, parks, roadways, bicycle facilities, pedestrian facilities, multi-use trails, gateway sign, etc. | $25,000 per bonus unit or lot. Bonus units or lots may only be claimed in whole numbers or 0.5 bonus unit or lot increments. |
4. Historic Preservation |
|
a. Dedication of a site containing an historic landmark to the city of Marysville or a qualifying nonprofit organization capable of restoring and/or maintaining the premises to standards set by Washington State Office of Archaeology and Historic Preservation. | 0.5 bonus unit or lot per acre of historic site. |
b. Restoration of a site or structure designated as an historic landmark. | 0.5 bonus unit or lot per acre of site or 1,000 square feet of floor area of building restored. |
5. Locational/Mixed Use |
|
a. Developments located within one-quarter mile of transit routes, and within one mile of fire and police stations, medical, shopping, and other community services. | 5 percent increase above the base density of the zone. |
b. Mixed use developments over one acre in size having a combination of commercial and residential uses. | 10 percent increase above the base density of the zone. |
6. Storm Drainage Facilities |
|
Dual use retention/detention facilities. |
|
a. Developments that incorporate active recreation facilities that utilize the storm water facility tract. | 5 bonus units or lots per acre of the storm water facility tract used for active recreation. |
b. Developments that incorporate passive recreation facilities that utilize the storm water facility tract. | 2 bonus units or lots per acre of the storm water facility tract used for passive recreation. |
7. Project Design |
|
a. Preservation of substantial overstory vegetation (not included within a required NGPA). No increase in permitted density shall be permitted for sites that have been cleared of evergreen trees within two years prior to the date of application for land use approval. Density increases granted which were based upon preservation of existing trees shall be forfeited if such trees are removed between the time of preliminary and final approval and issuance of building permits. | 5 percent increase above the base density of the zone. |
b. Retention or creation of a perimeter buffer, composed of existing trees and vegetation, or additional plantings, in order to improve design or compatibility between neighboring land uses. | 1 bonus unit or lot per 500 lineal feet of perimeter buffer retained, enhanced or created (when not otherwise required by city code). |
c. Project area assembly involving 20 acres or more, incorporating a mixture of housing types (detached/attached) and densities. | 10 percent increase above the base density of the zone. |
d. Private park and open space facilities integrated into project design. | 5 bonus units or lots per improved acre of park and open space area. Ongoing facility maintenance provisions are required as part of RDI approval. |
e. Enhanced entry landscaping. | 1 bonus unit or lot per 2,500 square feet of additional enhanced entry landscaped area (when not otherwise required by code). A minimum of 1,000 square feet of entry landscaping of exceptional, outstanding or unique design, as determined by the director, must be provided in order to qualify for this benefit. |
8. Green Building |
|
a. Construction of a certified Leader in Energy and Environmental Design (LEED) Gold or better rating, Evergreen Sustainable Development Standard (ESDS), Built Green 4-Star or better rating, or other equivalent certified energy efficient unit as approved by the director.
Certification due 120 days after final building inspections granted, or a certificate of occupancy is issued. | 0.20 bonus unit or lot for each certified unit constructed. |
(7) All benefits shall be completed prior to final subdivision, short subdivision, or binding site plan being recorded, or prior to granting a certificate of occupancy, unless otherwise specified in subsection (6) of this section. (Ord. 3366 § 72 (Exh. TTT), 2025; Ord. 3352 § 75 (Exh. TTT), 2025; Ord. 3219 § 2 (Exh. B), 2022; Ord. 3074 § 1, 2017; Ord. 2852 § 10 (Exh. A), 2011).
To qualify as bonus units or lots, the recreational area (i.e., acreage or square feet) or amenities listed in this section must be provided in excess of the recreational area or amenities otherwise required for the development.
(1) The applicant must clearly delineate and identify on the site and/or landscape plans which areas or amenities are proposed to satisfy the standard code requirements for the development, and which areas or amenities are proposed in excess of the standard code requirements to earn bonus units or lots.
(a) Area. If additional land area (i.e., acreage or square feet) is provided for open space in excess of the standard code requirements, the applicant shall earn bonus units or lots for the area (i.e., acreage or square feet) provided in excess of the standard code requirements for the project type. Passive and active open space shall be credited at the rates outlined in MMC 22C.090.030(6).
(b) Amenities. If an open space area provides additional amenities in excess of the standard code requirements, the applicant shall earn bonus units or lots for the area or areas where additional amenities are provided. The applicant shall first calculate the amenities that are required for the project type. Additional amenities must be provided as described in subsections (2) and (3) of this section.
(2) Active recreation features qualifying for a density bonus shall include:
(a) One or more of the following per half acre of open space:
(i) Multipurpose, basketball, tennis, pickleball, or similar courts or half-courts;
(ii) Skateboard facilities;
(iii) Baseball, football, soccer, or similar fields;
(iv) Large tot lot with play equipment (soft surface); or
(v) Any other active recreation use approved by the director.
(b) Two or more of the following per half acre of open space:
(i) Golf or mini-golf course;
(ii) Bocce or similar lawn games;
(iii) Volleyball or similar net sports;
(iv) Small tot lot with play equipment (soft surface); or
(v) Any other active recreation use approved by the director.
(3) Passive recreation qualifying for a density bonus shall include one or more of the following per half acre of open space:
(a) Open play areas when active amenities are not provided;
(b) Pedestrian or bicycle paths;
(c) Picnic areas with tables and benches;
(d) Gazebos, benches and other resident gathering areas;
(e) Community gardens or areas with enhanced landscaping;
(f) Nature interpretive areas;
(g) Waterfalls, fountains, or other water features; or
(h) Any other passive recreation use approved by the director.
(4) Dual use storm water retention/detention and recreation facilities shall meet the following design criteria:
(a) The facility shall be designed with emphasis as a recreation area, not a storm water control structure, and shall be designed as usable open recreation area.
(b) Control structures shall not be prominently placed. Care should be taken to blend them into the perimeter of the recreation area.
(c) The number of accesses shall be minimized, and the accesses shall be designed to serve as both an access and an amenity to qualify as open space. The following are examples of access treatments that would qualify as open space:
(i) Grasscrete or equivalent;
(ii) Decorative pavers; or
(iii) Concrete or asphalt with a dual use including, but not limited to, sport court, hopscotch, meandering paved trails, etc. (Ord. 3366 § 73 (Exh. UUU), 2025; Ord. 3352 § 76 (Exh. UUU), 2025; Ord. 3257 § 4 (Exh. D), 2023; Ord. 3219 § 3 (Exh. C), 2022; Ord. 2852 § 10 (Exh. A), 2011).
The total dwelling units or lots permitted through RDI review shall be calculated using the following steps:
(1) Calculate the number of dwellings or lots permitted by the base density of the site in accordance with Chapters 22C.010 and 22C.020 MMC;
(2) Calculate the total number of bonus dwelling units or lots earned by providing the public benefits listed in MMC 22C.090.030;
(3) Add the number of bonus dwelling units or lots earned to the number of dwelling units or lots permitted by the base density;
(4) Round fractional dwelling units or lots down to the nearest whole number; and
(5) On sites with more than one zone or zone density, the maximum density shall be calculated for the site area of each zone. Bonus units or lots may be reallocated within the zone in the same manner set forth for base units or lots in MMC 22C.010.230 and 22C.020.200. (Ord. 3366 § 74 (Exh. VVV), 2025; Ord. 3352 § 77 (Exh. VVV), 2025; Ord. 3074 § 2, 2017; Ord. 2852 § 10 (Exh. A), 2011).
(1) All RDI proposals shall be reviewed concurrently with the underlying land use project as follows:
(a) For the purpose of this section, the underlying land use project is defined as a proposed subdivision or short subdivision, binding site plan, site plan, or conditional use permit review;
(b) When the underlying land use project requires a public hearing, the hearing examiner shall consider and make a consolidated decision on the proposed project and use of RDI;
(c) When the underlying land use project does not require a public hearing, the community development director shall consider and make a consolidated decision on the proposed project and use of RDI;
(d) The community development director may approve revisions to the RDI proposal approved under subsections (1)(b) and (c) of this section, as necessary, consistent with MMC 22G.010.260;
(e) The notice for the underlying land use project shall include a description of the proposed RDI public benefit(s), the project’s density, and the number of bonus units or lots to be earned.
(2) RDI applications that propose to earn bonus units or lots by dedicating real property or public facilities shall include a letter from the applicable receiving agency certifying that the proposed dedication qualifies for the density incentive and will be accepted by the agency or other qualifying organization. The city of Marysville shall also approve all proposals prior to granting density incentives to the project. The proposal must meet the intent of the RDI chapter and be consistent with the city of Marysville comprehensive plan.
(3) The following are required for RDI applications that propose to earn bonus units or lots using green building techniques:
(a) At the time of preliminary land use (subdivision, short subdivision, binding site plan or site plan) application, the applicant shall:
(i) Identify the green building program being used, and the name of the third-party reviewer, if applicable;
(ii) Identify the lots that will use the green building techniques; and
(iii) Provide a completed draft green building program (e.g., Built Green) checklist identifying the green building techniques to be used.
(b) At the time of building permit application, the applicant shall:
(i) Check the “green building” box on the combined building permit application;
(ii) Provide the name of the green building program being used, and the name of the third-party reviewer, if applicable; and
(iii) Provide a completed green building program checklist identifying the green building techniques to be used with each house model.
(c) Within 120 days of final building inspections being granted, or a certificate of occupancy being issued, the applicant shall provide the city with a copy of the green building certification. (Ord. 3366 § 75 (Exh. WWW), 2025; Ord. 3352 § 78 (Exh. WWW), 2025; Ord. 3257 § 5 (Exh. E), 2023; Ord. 3219 § 4 (Exh. D), 2022; Ord. 3074 § 3, 2017; Ord. 2852 § 10 (Exh. A), 2011).
When issuing building permits in an approved RDI development, the department may allow minor adjustments in the approved site plan involving the location or dimensions of buildings or landscaping, provided such adjustments shall not:
(1) Increase the number of dwelling units or lots;
(2) Decrease the amount of perimeter landscaping (if any);
(3) Decrease residential parking facilities (unless the number of dwelling units or lots is decreased);
(4) Locate structures closer to any site boundary line; or
(5) Change the locations of any points of ingress and egress to the site. (Ord. 3366 § 76 (Exh. XXX), 2025; Ord. 3352 § 79 (Exh. XXX), 2025; Ord. 2852 § 10 (Exh. A), 2011).
Timing of RDI public benefit payment, covenant recording, dedication, and/or improvements is specified in the eligible public benefits table, MMC 22C.090.030(6) or (7). Public benefits cannot be deferred or bonded. When extenuating circumstances exist, and on a case-by-case basis, the community development director may provide flexibility for the completion of a public benefit. (Ord. 3219 § 5 (Exh. E), 2022; Ord. 2852 § 10 (Exh. A), 2011).
In the event the approved residential density option is no longer feasible or cannot be achieved prior to final subdivision, short subdivision, binding site plan, or unit lot subdivision being recorded, or prior to issuance of a certificate of occupancy, the project proponent shall be required to choose a new benefit from the benefit options outlined in MMC 22C.090.030(6) in order to achieve the density bonus lot or unit, or the bonus lot or unit shall be forfeited. (Ord. 3366 § 77 (Exh. YYY), 2025; Ord. 3352 § 80 (Exh. YYY), 2025; Ord. 3219 § 6 (Exh. F), 2022).
Nonconforming structures and nonconforming uses, as defined in this chapter, shall be allowed to continue in existence, and to be repaired, maintained, remodeled, expanded and intensified, but only to the extent expressly allowed by the provisions of this chapter. It is the purpose of the city to ultimately have all structures and uses brought into conformity with the land use codes and regulations duly adopted by the city, as the same may be amended from time to time. Nonconforming structures and uses should be phased out or brought into conformity as completely and as speedily as possible with due regard to the special interests and property rights of those concerned. (Ord. 2852 § 10 (Exh. A), 2011).
(1) All nonconformances shall be subject to the provisions of this chapter.
(2) The provisions of this chapter do not supersede or relieve a property owner from compliance with:
(a) The requirements of the International Building and Fire Codes; or
(b) The provisions of this code beyond the specific nonconformance addressed by this chapter. (Ord. 2852 § 10 (Exh. A), 2011).
A nonconforming structure is one which was in compliance with all land use codes and regulations at the time it was constructed, but which violates the bulk or dimensional requirements of the current land use codes and regulations of the city.
(1) Nonconforming structures may be repaired and maintained. The interior of said structures may be restored, remodeled and improved to the extent of not more than 25 percent of the assessed value of the structure in any consecutive period of 12 months.
(2) The exterior dimensions of a nonconforming structure may be enlarged by up to 100 percent of the floor area existing at the effective date of the nonconformance; provided, that the degree of nonconformance shall not be increased, and the then-current bulk and dimensional requirements of the zone in which it is located shall be observed with respect to the new portion of the building.
(3) A nonconforming structure which is voluntarily or accidentally destroyed, demolished or damaged, or allowed to deteriorate, to the extent where restoration costs would exceed 75 percent of the assessed value of the structure, may be restored and rebuilt only if the structure, in its entirety, is brought into conformity with the then-current bulk and dimensional requirements of the zone in which it is located; provided, that a single-family residence or middle housing with nonconforming status in a residential zone may be restored and rebuilt to any extent as long as it does not increase the pre-existing degree of nonconformance; provided, a single-family residence or middle housing with nonconforming status in zones other than residential may be restored and rebuilt to any extent on the original footprint of the structure’s foundation so long as it does not increase the pre-existing degree of nonconformance.
(4) When a structure or a portion thereof is moved to a new location, it must be made to conform to all then-current land use restrictions applicable to the new location.
(5) Nonconforming structures shall not be exempt from compliance with all current codes and regulations relating to storm drainage, landscaping, off-site traffic mitigation and frontage improvements including curbs, gutters and sidewalks. (Ord. 3366 § 78 (Exh. ZZZ), 2025; Ord. 3352 § 81 (Exh. ZZZ), 2025; Ord. 2982 § 1, 2015; Ord. 2852 § 10 (Exh. A), 2011).
A nonconforming use is any use of land or of a structure which was legal at the time of its establishment but which violates the land use provisions of the current codes and regulations of the city, including those relating to zoning districts, density, access and off-street parking.
(1) A nonconforming use loses its status, and must be discontinued, if the structure in which it is located is voluntarily or accidentally destroyed, demolished or damaged, or is allowed to deteriorate, to the extent where restoration costs would exceed 75 percent of the assessed value of the structure. Provided, all nonconforming residential structures which are allowed to be restored and rebuilt, as described in MMC 22C.100.030(3), shall be allowed to continue the residential use thereof.
(2) A nonconforming use cannot be changed to a fundamentally different use unless it is brought into complete conformity with the current codes and regulations. An increase in volume or intensity of a nonconforming use is permissible, however, where the nature and character of the use are unchanged and substantially the same facilities are used. The test is whether the intensified use is different in kind from the nonconforming use in existence at the effective date of the nonconformance.
(3) A nonconforming use may be expanded upon the granting of a conditional use permit as provided in this chapter; provided, that such expansion of a nonconforming use shall not increase the land area devoted to the nonconforming use by more than 150 percent of that in use at the effective date of the nonconformance; provided also, that a conditional use permit shall not be required for enlargement of a single-family residence or middle housing in nonresidential zones subject to the limitations set forth in MMC 22C.100.030(2), or for construction of an accessory structure such as a garage or shed; provided, that the expansion or new structure is sited on the property so as not to preclude conversion of the property to a future, nonresidential use.
(4) A use established in part but not all of a building at the effective date of the nonconformance may expand within said building by up to 100 percent of the pre-existing floor area dedicated to said use upon obtaining a conditional use permit as provided in this chapter. Unlimited expansion within the building shall be permissible upon obtaining a conditional use permit if the original design of the building indicates that it was intended to be ultimately dedicated, in its entirety, to the use in question. (Ord. 3366 § 79 (Exh. AAAA), 2025; Ord. 3352 § 82 (Exh. AAAA), 2025; Ord. 2982 § 2, 2015; Ord. 2852 § 10 (Exh. A), 2011).
(1) Any nonconforming structure which has been unoccupied for a period of 24 consecutive months, or more, shall lose its nonconforming status and shall not be reoccupied unless and until it is brought into conformity with the current bulk and dimensional requirements of the city codes.
(2) If a nonconforming use is discontinued or abandoned for a period of 12 consecutive months or more, the nonconforming status of the use is terminated, and any future use of the land or structure shall be in conformity with the then-current requirements of the city’s land use codes. The mere presence of a structure, equipment or material shall not be deemed to constitute a continuance of a nonconforming use unless the structure, equipment or material is actually being occupied or employed in maintaining such use. (Ord. 2852 § 10 (Exh. A), 2011).
The department shall have authority to grant conditional use permits referred to in this chapter. The procedures used by the department shall comply with Chapter 22G.010 MMC, Article V, Code Compliance and Director Review Procedures. The department shall apply the following criteria:
(1) A nonconforming use or structure should not result in a lack of compatibility with existing and potential uses in the immediate area.
(2) Adverse impacts of a nonconforming use or structure must be mitigated by site design elements such as landscaping, provision for parking, elimination of outside storage, and general visual improvement of the property.
(3) Adequate provisions must be made for public improvements such as sewer, water, drainage, pedestrian circulation and vehicle circulation, both on-site and off-site.
(4) Concerns of adjacent property owners and the general public must be properly considered. (Ord. 2852 § 10 (Exh. A), 2011).
The following provisions authorizing and regulating certain temporary uses are intended to permit temporary uses and structures when consistent with MMC Title 22, Unified Development Code, and when safe and compatible with the general vicinity and adjacent uses. (Ord. 2923 § 4 (Exh. B), 2013).
(1) Except as provided in MMC 22C.110.030, a temporary use permit shall be required for all permitted temporary uses listed in subsection (2) of this section.
(2) The following types of temporary uses, activities and associated structures may be authorized, subject to the specific limitations noted herein and as noted in MMC 22C.110.040 and as may be established by the community development director:
(a) Outdoor art and craft shows and exhibits;
(b) Use associated with the sale of fresh fruits, produce and flowers;
(c) Mobile services such as veterinary services for purposes of giving shots;
(d) Group retail sales such as swap meets, flea markets, parking lot sales, Saturday market, auctions, etc. Automobile sales are not a permitted temporary use;
(e) Use associated with festivals, grand openings or celebrations;
(f) Temporary fundraising and other civic activities in commercial or industrial zoning districts;
(g) When elderly or disabled relatives of the occupant of an existing residence require constant supervision and care, a manufactured home with adequate water and sewer services located adjacent to such residences may be permitted to house the relatives, subject to the following requirements:
(i) The need for such continuous care and assistance shall be attested to in writing by a licensed physician;
(ii) The temporary dwelling shall be occupied by not more than two persons;
(iii) Use as a commercial residence is prohibited;
(iv) The temporary dwelling shall be situated not less than 20 feet from the principal dwelling on the same lot and shall not be located in any required setbacks outlined in this title;
(v) A current vehicular license plate, if applicable, shall be maintained during the period of time the temporary unit is situated on the premises;
(vi) Adequate screening, landscaping or other measures shall be provided to protect surrounding property values and ensure compatibility with the immediate neighborhood;
(vii) An annual building permit or manufactured home permit renewal for the temporary dwelling shall be required, at which time the property owner shall certify, on a form provided by the community development department, to the continuing need for the temporary dwelling and, in writing, agree that such use of the property shall terminate at such time as the need no longer exists;
(h) Watchmen’s or caretaker’s quarters when approved in writing by the community development director. Said caretaker’s quarters must comply with the definition set forth in MMC 22A.020.040 and will require submittal of the following:
(i) A consent letter from the owner and/or proof of ownership of the subject property or structure;
(ii) A letter identifying the business or institution to be served by the caretaker’s quarters, and the purpose of, and need for, the caretaker’s quarters;
(iii) A site plan identifying the location of the structure which will be occupied; and
(iv) A floor plan identifying the area within the structure which will be occupied to ensure that the use will be incidental to the primary business or institutional use of the structure.
(i) Transitory accommodations which comply with the provisions outlined in MMC 22C.110.050;
(j) The community development director may authorize additional temporary uses not listed in this subsection, when it is found that the proposed uses are in compliance with the provisions of this chapter. (Ord. 2979 § 2, 2014; Ord. 2923 § 4 (Exh. B), 2013).
The following activities and structures are exempt from requirements to obtain temporary use approval, but are not exempt from obtaining all other applicable permits outlined in the MMC, including but not limited to building permits, right-of-way permits, special events permits, business licenses, home occupation permits, sign permits, etc.:
(1) Uses subject to the special events provisions of Chapter 5.46 MMC, Special Events, when the use does not exceed a total of 14 days each calendar year, whether at the same location in the city or at different locations;
(2) Community festivals, amusement rides, carnivals, or circuses, when the use does not exceed a total of 14 days each calendar year, whether at the same location in the city or at different locations;
(3) Activities, vendors and booths associated with city of Marysville sponsored or authorized special events such as Home Grown;
(4) Retail sales such as Christmas trees, seasonal retail sale of agricultural or horticultural products. Christmas tree sales are allowed from the Saturday before Thanksgiving Day through Christmas Day only;
(5) Individual booths in an approved temporary use site for group retail identified under MMC 22C.110.020(2)(d);
(6) Fireworks stands, subject to the provisions of Chapter 9.20 MMC, Fireworks;
(7) Garage sales, moving sales, and similar activities for the sale of personal belongings when operated not more than three days in the same week and not more than twice in the same calendar year;
(8) Manufactured homes, residences or travel trailers used for occupancy by supervisory and security personnel on the site of an active construction project;
(9) Contractor’s office, storage yard, and equipment parking and servicing on the site of an active construction project;
(10) Portable units and manufactured homes on school sites or other public facilities when approved by the community development director;
(11) A manufactured home or travel trailer with adequate water and sewer service used as a dwelling while a residential building on the same lot is being constructed or while a damaged residential building is being repaired. The manufactured home or travel trailer shall be removed upon completion of the permanent residential structure construction, when repair is completed, or after one year, whichever occurs first;
(12) Model homes or apartments and related real estate sales and display activities located within the subdivision or residential development to which they pertain. A temporary real estate office may be located in a temporary structure erected on an existing lot within a residential subdivision, if approved by the community development director. If approved, a temporary real estate office shall comply with the following conditions:
(a) The temporary real estate office may be used only for sale activities related to the subdivision in which it is located;
(b) The temporary real estate office shall have an Americans with Disabilities Act (ADA) accessible restroom located in or adjacent to said office;
(c) ADA accessibility shall be provided to the temporary real estate office. General site, accessible routes and building elements shall comply with ICC/ANSI A117.1-2003 or current edition;
(d) The temporary real estate office shall meet all applicable building and fire codes, or shall be immediately removed; and
(e) The temporary real estate office shall be removed immediately upon the sale of the last lot within the subdivision;
(13) Home occupations that comply with Chapter 22C.190 MMC, Home Occupations;
(14) Fundraising car washes. The fundraising coordinator is required to obtain a clean water car wash kit from the Marysville public works department in order to prevent water from entering the public storm sewer system;
(15) Vehicular or motorized catering such as popsicle/ice cream scooters and self-contained lunch wagons which cater to construction sites or manufacturing facilities. Such a use must remain mobile and not be utilized as parking lot sales;
(16) Any permitted temporary use not exceeding a cumulative total of two days each calendar year. (Ord. 2979 § 3, 2014; Ord. 2923 § 4 (Exh. B), 2013).
(1) The community development director, or designee, may authorize temporary uses after consultation and coordination with all other applicable city departments and other agencies and only when all the following determinations can be made:
(a) The temporary use will not impair the normal, safe, and effective operation of a permanent use on the same site.
(b) The temporary use will be compatible with uses in the general vicinity and on adjacent properties.
(c) The temporary use will not significantly impact public health, safety or welfare, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct of uses and activities in the vicinity.
(d) The use and associated structures will be conducted and used in a manner compatible with the surrounding area.
(e) The use shall comply with the goals, policies and standards of MMC Title 22, Unified Development Code.
(2) General Conditions.
(a) A temporary use conducted in a parking facility shall not occupy or remove from availability more than 25 percent of the spaces required for the permanent use.
(b) Each site occupied by a temporary use must provide or have available sufficient parking and vehicular maneuvering area for customers. Such parking need not comply with Chapter 22C.130 MMC, Parking and Loading, but must provide safe and efficient interior circulation and ingress and egress to and from public rights-of-way.
(c) The applicant for a proposed temporary use shall provide any parking/traffic control attendants as specified by the city of Marysville.
(d) The temporary use shall comply with all applicable standards of the Snohomish health district.
(e) No temporary use shall occupy or use public parks in any manner unless specifically approved by the parks department.
(f) The temporary use permit shall be effective for no more than 180 days from the date of the first event or occurrence.
(g) No temporary use shall occupy or operate within the city of Marysville for more than 60 days within any calendar year, unless otherwise restricted in this chapter. The 60 days need not run consecutively. The 60 days may occur at any time within the 180-day term of the temporary use permit as long as each day is designated and approved.
(h) Parking lot sales (excluding automobile sales) shall not exceed a total of 14 days each calendar year. The 14 days need not run consecutively. The 14 days may occur at any time within the 180-day term of the temporary use permit as long as each day is designated and approved.
(i) The temporary use permit shall specify a date upon which the use shall be terminated and removed.
(j) A temporary use permit shall not be granted for the same temporary use on a property more than once per calendar year; provided, that a temporary use permit may be granted for multiple events during the approval period.
(k) All temporary uses shall obtain, prior to occupancy of the site, all applicable city of Marysville permits, licenses and other approvals (i.e., business license, building permit, administrative approvals, etc.).
(l) The applicant for a temporary use shall supply written authorization from the owner of the property on which the temporary use is located.
(m) Each site occupied by a temporary use shall be left free of debris, litter, or other evidence of the temporary use upon completion of removal of the use.
(n) All materials, structures and products related to the temporary use must be removed from the premises between days of operation on the site; provided, that materials, structures and products related to the temporary use may be left on site overnight between consecutive days of operation.
(o) The community development director, or designee, may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include, but are not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirement for screening or enclosure, and guarantees for site restoration and cleanup following temporary uses. (Ord. 2923 § 4 (Exh. B), 2013).
(1) “Transitory accommodations” shall mean tents, sheds, lean-tos, tarps, huts, cabins, trailers or other enclosures which are not permanently attached to the ground, may be easily erected and dismantled, and are intended for temporary occupancy, usually for recreational or humanitarian purposes. Transitory accommodations are permitted provided the community development director determines on a case-by-case basis that such use possesses no characteristics which would adversely impact the community in any way, or that any potentially adverse characteristics can be adequately minimized and/or mitigated so as not to be materially detrimental to the health, safety and welfare of the community. Transitory accommodations can vary widely in their characteristics, which include but are not limited to size of site, surrounding land uses, duration, number of occupants, noise generation, and light and glare emanation. Accordingly, certain types of transitory accommodations may require the imposition of extensive conditions to mitigate potential adverse impacts to the community, while others may not; in some cases, adequate mitigation of impacts may not be feasible, and a proposed transitory accommodation consequently may not be allowed. The community development director shall therefore have the authority to approve, approve with conditions, or deny a permit for a transitory accommodation proposal, after consideration of the performance criteria set forth herein.
(2) Process.
(a) A transitory accommodation permit shall be required prior to the commencement of such a use, unless the community development director determines, after consideration of the performance criteria set forth in this section, that the proposed transitory accommodation possesses no characteristics which might adversely impact the community. The prospective transitory accommodation host (property owner and lessee, if applicable), sponsor and manager shall jointly apply for the transitory accommodation permit and shall be jointly and severally responsible for compliance with all conditions of the permit. “Applicant,” as used in these regulations, shall mean the transitory accommodation host, sponsor and manager. “Proponent,” as used in these regulations, shall mean the prospective host, sponsor and manager prior to submittal of an application for a transitory accommodation permit.
(b) A transitory accommodation permit shall be processed as set forth in Chapter 22G.010 MMC, Article V, Code Compliance and Director Review Procedures. Permit processing fees for a transitory accommodation permit shall be established in MMC 22G.030.020.
(c) The applicant shall identify potential adverse effects of the proposed transitory accommodation on neighboring properties and the community and shall develop measures to mitigate such effects. The applicant shall submit a written transitory accommodations impact mitigation plan with the permit application. The plan shall contain a narrative and drawing(s) that describe, to the satisfaction of the community development director, the measures the applicant will use to mitigate the effects of the transitory accommodation. At a minimum, the plan shall specifically describe the measures that will be implemented to satisfy the approval criteria provided in subsections (3) through (7) of this section, except for criteria specifically waived by the community development director. The plan shall include a code of conduct and the names and phone numbers of all persons comprising the applicant. The form and organization of the mitigation plan shall be as specified by the community development director, but the elements of the plan shall be integrated and bound together. The approved transitory accommodation impact mitigation plan shall be signed by the community development director and the applicant, and implementation, continuing compliance and enforcement of the plan shall be a condition of permit approval.
(d) Advance Discussions with Nearby Child Care Facilities and Schools.
(i) Prior to applying for a transitory accommodation permit, the proponent shall provide written notice to any licensed child care facility and the administration of any public or private elementary, middle, junior high or high school within 600 feet of the boundaries of the proposed transitory accommodations site, and shall seek comments from said child care facility and school administration. The written notice shall be served in a manner prescribed by the city and shall be on a form provided by the city.
(ii) Where no comments are received, or where said child care facility(ies) or the administration and/or governing body of said school(s) is supportive of the proposal, the proponent shall submit a sworn affidavit to this effect with the application.
(iii) Where said child care facility(ies) or the administration of said school(s) registers objections or concerns regarding the proposed transitory accommodations, the proponent shall attempt to resolve such objections or concerns via a negotiated mitigation plan between the proponent and the child care facility(ies) or school(s). Such a plan shall be submitted with the application and shall be incorporated in the conditions of the permit. No agreed mitigation plan may violate any provision of this chapter. Where the negotiations do not result in a mutually agreed upon mitigation plan within 30 days of receipt by the child care facility or school administration of the initial notice from the proponent, but the parties desire to continue to pursue resolution of the issues, the parties may request mediation services from or through the city. In the event the parties cannot reach agreement after a good faith effort for not less than 30 days from receipt by the child care facility or the school administration of the initial notice from the proponent, the proponent may submit an application but shall provide a record of the negotiations between the parties, including but not limited to copies of all correspondence and meeting notes. In evaluating the application against the performance criteria set forth herein, the director shall consider the topic(s) of the unsuccessful negotiations and the extent to which the parties demonstrated good faith in their discussions. “Good faith” in this context shall mean recognition of the legitimacy of, and a willingness to reasonably accommodate, each party’s needs, desires and concerns.
(e) Decisions of the community development director may be appealed. Such appeals shall be heard and decided by the hearing examiner in accordance with procedures set forth in Chapter 22G.060 MMC, Hearing Examiner.
(f) Emergencies. The community development director may waive these requirements for a prescribed period of time when a natural or manmade disaster necessitates the immediate establishment of transitory accommodations.
(g) Failure to Comply. If a transitory accommodation permit has been issued, and the community development director determines that the applicant has violated any condition of that permit, the director shall issue a notice of violation and required compliance in accordance with the procedures set forth in Chapter 4.02 MMC, Enforcement Procedures. Failure to correct the violation after a reasonable time for compliance shall result in revocation of the permit. In such an event all activities associated with the accommodation shall cease immediately and the site shall immediately be vacated and restored to its pre-accommodation condition.
(3) Site Performance Criteria.
(a) Size. The site shall be of sufficient land area to support the activities of the transitory accommodation without overcrowding of occupants, intruding into required setbacks or critical areas, destroying vegetation, eroding soils or otherwise overtaxing the land. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating the location of the proposed transitory accommodation on the host property; its area in square feet; and the proposed distribution of, and allocation of space for, anticipated activities including but not limited to sleeping, eating, socializing, and bathing and other personal functions.
(b) Setbacks from Property Line. All activities of the transitory accommodation shall be set back from adjacent properties a sufficient distance so as not to impinge upon or otherwise unduly influence activities on said adjacent properties. The transitory accommodation shall be positioned on the property in the location that results in the least adverse impact to occupants of neighboring properties. The community development director may require the applicant to change the proposed location of the transitory accommodation to mitigate adverse impacts to occupants of neighboring properties. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating buildings and uses on properties surrounding the proposed transitory accommodation, and the distance the proposed accommodation would be set back from surrounding property lines. A transitory accommodation shall be set back no less than 20 feet from the exterior boundary lines of adjacent properties unless the owners of such properties consent in writing to a reduction or waiver of such setback.
(c) Screening of Activities. Where deemed necessary by the community development director, activities of the transitory accommodation shall be obscured from view from adjacent properties, by a minimum six-foot-high temporary sight-obscuring fence, an existing sight-obscuring fence, existing dense vegetation, an existing topographic difference, distance from exterior property lines, or other means, to the maximum extent feasible.
(d) Parking. Adequate parking for the transitory accommodation shall be provided so as not to reduce parking utilized by existing surrounding uses. Where deemed necessary by the community development director, the applicant shall provide a proposed parking plan which addresses the following:
(i) A description of parking capacity, both on site and on-street, that describes the amount and location of parking prior to the transitory accommodation and any displacement of parking resulting from the transitory accommodation; and
(ii) Any circumstances which may reduce the normal demand for parking, such as off-peak-season use; and/or any mechanisms or strategies to reduce parking demand, such as the provision of shuttle buses for the use of occupants of the transitory accommodations, or the provision of shared parking agreements with adjacent uses.
(e) Critical Areas. All proposed transitory accommodations shall comply with the city’s critical areas regulations as set forth in Chapter 22E.010 MMC, Critical Areas Management. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating the presence and extent of any critical areas.
(f) Restoration of Site. Upon cessation of the temporary accommodation, the site shall be restored, as near as possible, to its original condition. Where deemed necessary by the community development director, the applicant shall re-plant areas in which vegetation had been removed or destroyed.
(4) Duration Performance Criteria.
(a) Length of Time. The proposed transitory accommodations shall be in operation the minimal length of time necessary to achieve the recreational, humanitarian or other objective(s) of the applicant. Where deemed necessary by the community development director, the applicant shall provide a narrative explaining the objective(s) the applicant seeks to achieve, and the amount of time the applicant believes necessary to achieve that objective. However, under no circumstances shall a proposed transitory accommodation be allowed in one location for more than 90 days, either consecutively or cumulatively, during any 12-month period, except that where the ninetieth day falls on a Friday, an additional two days shall be allowed to dismantle and remove the accommodation over the immediately following weekend.
(5) Health and Safety Performance Criteria. Transitory accommodations shall be operated in such a manner as to ensure the health and safety of occupants of the subject and surrounding properties. Accordingly, all transitory accommodations shall comply with the following:
(a) Health Regulations. All applicable city, county and state regulations pertaining to public health shall be met.
(b) Fire Safety. Inspections of the accommodation by the city or Marysville fire district for fire safety purposes may be conducted at any time and without prior notice. Adequate access, as determined by the fire marshal, shall be maintained within and around the accommodation at all times to ensure that emergency vehicles can ingress/egress the site.
(c) Building Code Inspections. Inspections of the accommodation by the city to ensure the public health and safety with regard to structures may be conducted at any time and without prior notice.
(d) Drinking Water and Solid Waste. An adequate supply of potable water shall be available on site at all times. Adequate toilet facilities shall be provided on site, as determined by the public works director. All city, county and state regulations pertaining to drinking water connections and solid waste disposal shall be met.
(e) Trash. Adequate facilities for dealing with trash shall be provided on site. A regular trash patrol or other method of regular maintenance in the immediate vicinity of the site shall be provided.
(6) Conduct and Security Performance Criteria.
(a) Noise. Any transitory accommodation shall comply with city noise regulations as set forth in Chapter 6.76 MMC, Noise Regulation. Where deemed necessary by the community development director, the applicant shall provide a plan to mitigate potential noise impacts.
(b) Light and Glare. Any light fixture which causes direct glare and/or reflections from any point along the property line or toward public rights-of-way in a manner that causes a visual distraction to vehicles, bicycles, or pedestrians, as determined by the director of public works, shall be prohibited. Where deemed necessary by the community development director, the applicant shall provide a plan to mitigate potential light and glare impacts.
(c) Security. Any transitory accommodation shall comply with city regulations regarding lawful behavior as set forth in MMC Title 6, Penal Code. Any transitory accommodation shall provide all required legal access to public areas of the site by the city of Marysville police department and any other relevant law enforcement agency at all times. Additionally, where deemed necessary by the community development director or the police chief, the applicant shall provide for the following:
(i) The applicant shall take all reasonable and legal steps to obtain verifiable identification, such as a valid driver’s license, government-issued identification card, military identification card, or passport, from all prospective and current transitory residents.
(ii) The applicant will use such identification to obtain warrant and sex offender checks from the Snohomish County sheriff’s office or other relevant authority. The anonymity of the requesting party shall be maintained.
(iii) If said check reveals that the subject of the check is a sex offender, required to register with the city, county or state authorities pursuant to RCW 9A.44.130, then the applicant shall immediately reject the subject of the check for residency in the transitory accommodation or eject the subject of the check if that person is currently a resident of the accommodation, and shall immediately notify the Marysville police department of such rejection or ejection.
(iv) If said check reveals that the subject of the check has an existing or outstanding warrant, then the applicant may select either of the following alternative actions:
(A) Immediately reject or eject the subject of the check and immediately notify the Marysville police department of such rejection or ejection; or
(B) Request the Marysville police department to confer with the agency or court of jurisdiction from which the warrant originated to determine whether or not said agency or court desires the warrant to be served. If the originating agency or court desires the warrant to be served, the Marysville police department shall do so immediately. If the originating agency or court declines warrant service, due to the minor nature of the offense for which the warrant was issued or for other reasons, the subject may enter or remain in the transitory accommodation; provided, that the applicant actively assists the subject in resolving the warrant.
(v) The applicant shall keep a log of all individuals who stay overnight in the transitory accommodation, including names and dates. Logs shall be kept for a minimum of six months following the expiration of the transitory accommodation permit and provided to the city upon request.
(vi) The applicant shall provide on-site security, as approved by the community development director in consultation with the city of Marysville police department.
(d) Codes of Conduct. The applicant shall provide and enforce a written code of conduct which mitigates impacts to neighbors and the community. Said code shall be incorporated into the conditions of approval.
(7) Other Performance Criteria.
(a) Indemnification. The applicant shall defend, indemnify, and hold the city, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits of any nature, including attorney fees, due to the acts or omissions of the applicant in connection with the operation of the transitory accommodation.
(b) Liability Insurance. Where deemed necessary by the community development director, the applicant shall procure and maintain in full force, through the duration of the transitory accommodation, comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence/aggregate for personal injury and property damage.
(c) Other Criteria. Where deemed necessary, the community development director may identify other performance criteria, require the applicant to describe the potential impacts of the proposed transitory accommodation with respect to those criteria, and determine if measures are warranted to minimize or otherwise mitigate such impacts. (Ord. 2923 § 4 (Exh. B), 2013).
The city of Marysville recognizes the aesthetic, ecological and economic value of landscaping and requires its use to:
(1) Promote the distinct character and quality of life and development expected by the community as indicated and supported in the policies of the comprehensive plan;
(2) Maintain and protect property values;
(3) Enhance the visual appearance of the city;
(4) Enhance the compatibility of new development with surrounding properties;
(5) Provide visual relief from large expanses of parking areas and reduction of perceived building scale;
(6) Provide physical separation between residential and nonresidential areas;
(7) Provide visual screens and barriers as a transition between differing land uses;
(8) Preserve and enhance Marysville’s urban forest;
(9) Preserve and enhance existing vegetation and significant trees by incorporating them into the site design; and
(10) Reduce storm water runoff pollution, temperature and volume. (Ord. 2852 § 10 (Exh. A), 2011).
All new commercial, industrial, and multiple-family development, substantial improvements, or changes in occupancy shall be subject to the provisions of this chapter. For the purpose of this chapter, a “substantial improvement” means any structural modification, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the modification or addition is started; provided, that specific landscaping provisions for uses established through a conditional use permit shall be determined during the applicable review process. (Ord. 2852 § 10 (Exh. A), 2011).
Landscape plans are not required for houses and duplexes. For all other types of development landscape plans shall:
(1) Be submitted at the time of application for a development permit; and
(2) Include the following elements:
(a) The footprint of all structures;
(b) The final site grading;
(c) All parking areas and driveways;
(d) All sidewalks, pedestrian walkways and other pedestrian areas;
(e) The location, height and materials for all fences and walls;
(f) The common and scientific names of all plant materials used, along with their size at time of planting;
(g) The location of all existing and proposed plant materials on the site;
(h) A proposed irrigation plan; and
(i) Location of all overhead utility and communication lines, location of all driveways and street signs. (Ord. 2852 § 10 (Exh. A), 2011).
All landscaped areas shall be provided with an irrigation system or a readily available water supply with at least one outlet located within 50 feet of all plant material. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Water Conservation Standards.
(a) Applicability. In order to ensure efficient water use in landscaped areas, the following standards shall be applied to all landscaping associated with office, commercial, industrial, institutional, parks and greenways, multiple-family residential projects, and commonly owned and/or maintained areas of single-family residential or middle housing projects.
(b) Exemptions. These standards do not apply to landscaping in private areas of single-family or middle housing projects. Parks, playgrounds, sports fields, golf courses, schools, and cemeteries are exempt from specified turf area limitations where a functional need for turf is established. All other requirements are applicable.
(c) Plant Selection and Use Limitation.
(i) Turf, high-water-use plantings (e.g., annuals, container plants) and water features (e.g., fountains, pools) shall be considered high-water uses and shall be limited to not more than 40 percent of the project’s landscaped area if nondrought resistant grass is used, and no more than 50 percent of the landscaped area if drought resistant grass is used.
(ii) Plants selected in all areas not identified for turf or high-water-use plantings shall be well suited to the climate, soils, and topographic conditions of the site, and shall be low-water-use plants once established.
(iii) Plants having similar water use shall be grouped together in distinct hydrozones and shall be irrigated with separate irrigation circuits.
(iv) No turf or high-water-use plants shall be allowed on slopes exceeding 25 percent, except where other project water saving techniques can compensate for the increased runoff, and where the need for such slope planting is demonstrated.
(v) No turf or high-water-use plants shall be allowed in areas five feet wide or less except public right-of-way planter strips.
(d) Newly landscaped areas should have soils amended with either four inches of appropriate organic material with the first two-inch layer tilled into existing soils, or as called for in a soil amendment plan for the landscape.
(e) Newly landscaped areas, except turf, should be covered and maintained with at least two inches of organic mulch to minimize evaporation.
(f) Irrigated turf on slopes with finished grades in excess of 33 percent is discouraged.
(g) Retention of existing trees and associated understory vegetation is encouraged to reduce impacts to the storm water system and to reduce water use.
(2) Water Efficient Landscape (Xeriscape) Standards.
(a) As an alternative to traditional landscaping, the city encourages the use of xeriscape practices, which minimize the need for watering or irrigation. Xeriscape principles can be summarized as follows:
(i) Using plants with low moisture requirements;
(ii) Selecting plants for specific site microclimates that vary according to slope, aspect, soil, and exposure to sun and moisture;
(iii) Using native, noninvasive, adapted plant species;
(iv) Minimizing the amount of irrigated turf;
(v) Planting and designing slopes to minimize storm water runoff;
(vi) Use of separate irrigation zones adjusted to plant water requirements and use of drip or trickle irrigation systems;
(vii) Using mulch in planted areas to control weeds, cool the soil and reduce evaporation; and
(viii) Emphasizing soil improvement, such as deep tilling, adding organic matter and other amendments based on soil tests.
(b) Appropriate Plant Species. Trees and plants used in xeriscape plantings pursuant to this section shall:
(i) Be appropriate for the ecological setting in which they are to be planted;
(ii) Have noninvasive growth habits;
(iii) Encourage low maintenance and sustainable landscape design;
(iv) Be commercially available;
(v) Not be plant material that was collected in the wild; and
(vi) Be consistent with the purpose and intent of this section.
(c) Native Vegetation. Within xeriscape areas, a minimum of 50 percent native plants shall be used.
(d) Prohibited Species. The city shall maintain a list of prohibited species, which are invasive or noxious. Where such species already exist, their removal shall be a condition of development approval.
(e) Additional Planting Standards.
(i) For xeriscape areas, soil samples shall be analyzed to determine what soil conditioning or soil amendments should be used at the time of planting. Soil conditioning measures shall be adequate for the plant species selected.
(ii) Trees, shrubs, perennials, perennial grasses and ground covers shall be located and spaced to accommodate their mature size on the site.
(f) Plant Replacement. The developer shall maintain xeriscape plantings for a two-year period from the date of planting. Within the two-year period, the developer shall replace or otherwise guarantee any failed plantings:
(i) Dead or dying trees or shrubs shall be replaced; and
(ii) Plantings or perennials, perennial grasses or ground covers shall be replanted to maintain a maximum 20 percent mortality rate from the date of planting.
(3) Storm Water. Applicants are encouraged to incorporate landscaping into the on-site storm water treatment system to the greatest extent practicable. (Ord. 3366 § 80 (Exh. BBBB), 2025; Ord. 3352 § 83 (Exh. BBBB), 2025; Ord. 2852 § 10 (Exh. A), 2011).
(1) All required landscaping shall be in place before certificates of occupancy are issued. If, due to weather conditions, it is not feasible to install required landscape improvements, a temporary certificate of occupancy may be issued after a performance bond, irrevocable letter of credit, or assignment of cash deposit has been posted in accordance with Chapter 22G.040 MMC. Upon completion of the landscape improvements, the bond or device is released and a permanent certificate of occupancy issued; except a maintenance bond, irrevocable letter of credit, or assignment of cash deposit in accordance with Chapter 22G.040 MMC shall be required for a minimum duration of two growing seasons (March through October), as prescribed in subsection (2) of this section.
(2) A certificate of occupancy may be issued only after a maintenance bond, irrevocable letter of credit, or assignment of cash deposit has been posted in accordance with Chapter 22G.040 MMC. This bond, irrevocable letter of credit, or assignment of cash deposit shall be held for a minimum duration of two growing seasons (March through October) to assure the full establishment of all plantings. After two growing seasons, if the plantings are fully established, the maintenance bond, irrevocable letter of credit, or assignment of cash deposit is released. If the plantings have not been fully established, the bond, irrevocable letter of credit, or assignment of cash deposit shall be held for one additional growing season, then released or used to re-establish the plantings, whichever is appropriate.
(3) Projects requiring minor landscaping improvements, as determined by the community development director, shall submit a maintenance bond, irrevocable letter or credit, or assignment of cash deposit in an amount equal to the current cost of the landscaping work, for a minimum duration of one year. (Ord. 2852 § 10 (Exh. A), 2011).
Berms and walls for noise screening may be required by the hearing examiner or community development director in accordance with recommendations from a qualified sound consultant. (Ord. 2852 § 10 (Exh. A), 2011).
Where a site has substantial numbers of native trees, site development shall be sensitive to the preservation of such vegetation, including the root zone. Prior to any site work, any trees which have been identified for preservation shall be fenced at their driplines. (Ord. 2852 § 10 (Exh. A), 2011).
Residential structures within a project shall be buffered from commercial structures and adjoining parking lots by use of vegetation, landscaping, fencing, walls, berms or other similar methods which are deemed under the circumstances to create effective and aesthetically pleasing screens or buffers between such diverse land uses. (Ord. 2852 § 10 (Exh. A), 2011).
Except where specifically prohibited by the hearing examiner, the community development department, concurrently with action on the final site plan, may waive or modify landscaping requirements abutting residentially designated property where abutting residential uses will not be adversely affected, and where existing physical improvements, physiographic features or imminent changes in abutting land uses will render full compliance with said requirements ineffective. If said requirements are waived, or width of the buffer reduced, the community development department shall establish the minimum side and rear yard building setbacks from residentially designated property. (Ord. 2852 § 10 (Exh. A), 2011).
The following five basic types of landscaping are hereby established and are used as the basis for requirements set forth in Table 1 in MMC 22C.120.120.
(1) L1 – Opaque Screen. A screen that is opaque from the ground to a height of at least six feet, with intermittent visual obstructions from the opaque portion to a height of at least 20 feet. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of spatial separation. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis on the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than 10 feet wide. The portion of intermittent visual obstructions may contain deciduous plants. Suggested planting patterns that will achieve this standard are included in administrative guidelines prepared by the community development department.
(2) L2 – Semi-Opaque Screen. A screen that is opaque from the ground to a height of three feet, with intermittent visual obstruction from above the opaque portion to a height of at least 20 feet. The semi-opaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than 10 feet wide. The zone of intermittent visual obstruction may contain deciduous plants. Suggested planting patterns which will achieve this standard are included in administrative guidelines prepared by the community development department.
(3) L3 – Broken Screen. A screen composed of intermittent visual obstructions from the ground to a height of at least 20 feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The screen may contain deciduous plants. Suggested planting patterns which will achieve this standard are included in administrative guidelines prepared by the community development department.
(4) L4 – Parking Area Landscaping. Landscaping that provides shade and visual relief while maintaining clear sight lines within parking areas. Planting areas should contain a mixture of evergreen and deciduous trees, shrubs and ground cover in planting islands or strips having an area of at least 75 square feet and narrow dimension of no less than five feet. Suggested planting patterns which will achieve this standard are included in administrative guidelines prepared by the community development department.
(5) L5 – Retention/Detention Pond Landscaping. Landscaping that provides visual relief through a reduction in sight lines visible from a public right-of-way. Landscaping shall include all visible perimeter areas including side slopes and benches visible from said right-of-way. Planting areas must be a minimum of five feet in width along adjacent right-of-way and may incorporate no more than 30 percent deciduous plantings due to maintenance and pond performance constraints. Landscaped areas shall be on the exterior of any walls or fences; provided, that this requirement shall not apply to side slopes or benches within the fenced area. Suggested planting patterns that will achieve this standard are included in administrative guidelines prepared by the community development department.
The screening and landscaping requirements set forth in this section may be interpreted with some flexibility by the community development director in the enforcement of the standards. It is recognized that because of the wide variety of developments and the relationships between them, it is neither possible nor prudent to establish inflexible screening requirements. Therefore, minor administrative deviations may be granted to allow less intensive screening, or requirements for more intensive screening may be imposed, whenever such deviations are more likely to satisfy the intent of this section. (Ord. 2852 § 10 (Exh. A), 2011).
Proposed Use | Adjacent Use | Width of Buffer | Type of Buffer |
|---|---|---|---|
Commercial | Property designated single-family by the Marysville comprehensive plan | 20 feet | L1 (1) |
Commercial | Property designated multiple-family by the Marysville comprehensive plan | 10 feet | L2 (1) |
Commercial, industrial, multifamily and business park parking areas and drive aisles | Public right-of-way and private access roads 30 feet wide or greater | 10 feet | L3 |
Commercial, industrial, multifamily and business park parking areas and drive aisles | Public arterial right-of-way | 15 feet | L3 |
Residential | SR 9 | See MMC 22C.120.150 | |
Industrial and business parks | Property designated residential by the Marysville comprehensive plan | 25 feet | L1 |
Industrial, commercial and business park building and parking areas | I-5 or SR 9 right-of-way | 15 feet | L2 |
Apartment, townhouse, or group residence (excluding middle housing) | Property designated single-family by the Marysville comprehensive plan | 10 feet | L1 (1) |
Storm water management facility |
| 5 feet | L5 (3) |
Outside storage or waste area or above ground utility boxes |
| 5 feet | L1 (2) |
WCF and/or base station not in ROW | Property designated residential by the Marysville comprehensive plan or on property designated residential by the comprehensive plan | 10 feet | L1 (1) |
(1) Plus a six-foot sight-obscuring fence or wall.
(2) Screening and impact abatement shall be provided in accordance with MMC 22C.120.160.
(3) Screening of storm water facilities shall comply with the following design standards:
(a) All sides visible from a public right-of-way shall be screened;
(b) All sides located adjacent to a residentially zoned property shall be screened, unless it can be demonstrated that adequate screening exists;
(c) Screening shall be consistent with the Marysville administrative landscaping guidelines; and
(d) Dual use retention/detention facilities designed with emphasis as a recreation area, not a storm water control structure, are exempt from the screening requirements.
(Ord. 3366 § 81 (Exh. CCCC), 2025; Ord. 3352 § 84 (Exh. CCCC), 2025; Ord. 2852 § 10 (Exh. A), 2011).
(1) Parking areas or outdoor storage areas fronting on a street right-of-way shall provide a landscaped buffer, in accordance with MMC 22C.120.120, Table 1, along the entire street frontage except for driveways; provided, that the plantings shall not obstruct the sight distance at street intersections.
(2) Additional plantings may be placed on street rights-of-way behind the sidewalk line if the property owner provides the city with a written release of liability for damages which may be incurred to the planting area from any public use or right-of-way.
(3) Planted areas next to pedestrian walkways and sidewalks shall be maintained or plant material chosen to maintain a clear zone between three and eight feet from ground level.
(4) Landscape plant material size, variety, color and texture within parking lots should be integrated with the overall site landscape design.
(5) Ten percent of the parking area, in addition to the required buffers above, shall be landscaped with Type L4 landscaping; provided, that:
(a) No parking stall shall be located more than 45 feet from a landscaped area;
(b) All landscaping must be located between parking stalls, between rows of stalls, or at the end of parking columns. The use of strips or islands as bioretention swales or cells is encouraged, subject to approval by the city engineer. No landscaping which occurs between the parking lot and a building or recreation area shall be considered in the satisfaction of these requirements;
(c) All individual planting areas within parking lots shall be planted with at least one tree, be a minimum of five feet in width and 120 square feet in size, and, in addition to the required trees, shall be planted with a living ground cover;
(d) Parking lots containing less than 20 parking spaces need provide only perimeter screening to satisfy the 10 percent area requirements;
(e) All landscaped areas shall be protected from vehicle damage by a six-inch protective curbing. Wheel stops may be substituted when required to allow storm water to pass;
(f) A minimum two-foot setback shall be provided for all trees and shrubs where vehicles overhang into planted areas;
(g) The landscaping requirements of this section may be modified if a development is located in an area where a special streetscape plan has been approved by the city. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. To provide consistent street frontage character within the street right-of-way. The street tree standards also maintain and add to Marysville’s tree canopy and enhance the overall appearance of commercial and neighborhood development. Trees are an integral aspect of the Marysville landscape and add to the livability of Marysville. They provide aesthetic and economic value to property owners and the community.
(2) Street Tree Implementation.
(a) Street trees are required along all city streets and access easements.
(b) Street trees shall be planted between the curb and the walking path of the sidewalk. Either five-foot by five-foot pits with tree grates or a continuous planting strip with ground cover that is at least five feet wide may be used. Where planting strips are not incorporated into the street design, street trees shall be located behind the sidewalk.
(c) Species of street trees shall be selected from the list of appropriate street trees outlined in the administrative landscaping guidelines, prepared by the community development director. Species of street trees not outlined in the administrative landscaping guidelines shall be approved by the community development director.
(d) Street trees shall meet the most recent ANSI standards for a one-and-one-half-inch caliper tree at the time of planting and shall be spaced in order to provide a continuous canopy coverage within 10 years of planting.
(e) Street tree plantings shall consider the location of existing utilities, lighting and existing and proposed signs.
(f) If overhead power lines are present, street trees shall be limited to a mature height of 25 feet to avoid conflict with utility lines and maintenance crews.
(g) If a street has a uniform planting of street trees or a distinctive species within the right-of-way, then new street trees should match the planting pattern and species.
(h) Landscape areas between the curb and sidewalk shall be maintained or plant material chosen to maintain a clear view zone between three and eight feet from ground level.
(3) Where the community development director determines that it is not feasible and/or desirable to plant the required street trees, the applicant shall pay into the city tree fund an amount of money approximating the current market value of the trees, as well as labor costs for installation of said trees, that would otherwise be required. The city shall use the city tree fund for the purpose of acquiring, maintaining, and preserving wooded areas, and for planting and maintaining trees within the city.
(4) Maintenance. Street trees and other landscaping shall be maintained and irrigated by the adjacent property owner, unless otherwise approved by the community development department. (Ord. 2852 § 10 (Exh. A), 2011).
All residential zoned properties adjacent to Highway 9 shall integrate one of the following options along the property line abutting Highway 9:
(1) Option 1 – 10-Foot-Wide Landscape Buffer with Fence. The following standards apply:
(a) Landscaping shall be placed between the fence and SR 9 to form a dense screen. The following standards apply:
(i) Property owners are encouraged to retain existing native and noninvasive vegetation to incorporate into the screen. Credit will be given for existing trees and shrubs depending on their size and screening (with regard to the amount of additional trees and shrubs that are needed).

Buffer options emphasize landscaping elements over fencing
(ii) The landscaping plan shall be prepared by a licensed landscape architect or Washington-certified professional horticulturalist.
(iii) Evergreen Trees. At least one row of evergreen trees shall be planted, minimum eight feet in height and 10 feet maximum separation at time of planting. Permitted evergreen tree species are those with the ability to develop a minimum branching width of eight feet within five years. Multiple tree species shall be integrated into the buffer design to promote long-term health and provide visual interest.
(iv) Deciduous Trees. Projects shall incorporate deciduous trees (vine maples are a desirable example) into the buffer to add seasonal variety and interest. Deciduous trees shall have a caliper of at least one inch at the time of planting.
(v) Shrubs shall be planted at a rate of one shrub per 20 square feet of landscaped area. At least 50 percent of the shrubs shall be evergreen. At least 25 percent of the shrubs should be deciduous to provide seasonal interest. Shrubs shall be at least 16 inches tall at planting and have a mature height between three and four feet.
(vi) Ground cover shall be planted and spaced to result in total coverage of the required landscape area within three years as follows:
(A) Four inch pots at 18 inches on center.
(B) One-gallon or greater sized containers at 24 inches on center.
(vii) New landscaping materials shall consist of drought-tolerant species that are native to the coastal region of the Pacific Northwest or noninvasive naturalized species that have adapted to the climatic conditions of the coastal region of the Pacific Northwest.
(viii) Maintenance. A two-year performance bond, irrevocable letter of credit, or assignment of cash deposit shall be posted, in accordance with Chapter 22G.040 MMC, at the time of installation, to ensure the plants live and are maintained through two growing seasons.
(b) Fence Standards.
(i) The fence shall be eight feet high and constructed with durable materials.
(ii) All razor wire, barbed wire, electric wire, or chain-link fences are prohibited.
(iii) The fence shall be broken up to add variety in one of the following ways:
(A) A masonry column/post shall be incorporated along the fence every 64 feet. The column shall be one foot taller than the rest of the fence and a minimum of one foot wide.
(B) A five-foot-deep and 15-foot-wide setback shall be incorporated in the fence every 60 feet.

Fence option with masonry columns

Fence option with five-foot by 15-foot
bump-outs
(2) Option 2 – 20-Foot-Wide Landscaping Buffer. The following standards apply:
(a) A dense vegetated screen shall be provided according to the following standards:
(i) Property owners are encouraged to retain existing native and noninvasive vegetation to incorporate into the screen. Credit will be given for existing trees and shrubs depending on their size and screening (with regard to the amount of additional trees and shrubs that are needed).
(ii) The landscaping plan shall be prepared by a licensed landscape architect or Washington-certified professional horticulturalist.
(iii) A minimum of one evergreen tree at least eight feet tall at the time of planting for every 150 square feet arranged in a manner to obstruct views into the property. Permitted evergreen tree species are those with the ability to develop a minimum branching width of eight feet within five years. Multiple tree species shall be integrated into the buffer design to promote long-term health and provide visual interest.
(iv) Deciduous Trees. Projects shall incorporate deciduous trees (vine maples are a desirable example) into the buffer to add seasonal variety and interest. Deciduous trees shall have a caliper of at least one inch at the time of planting.

20-foot landscape buffer
(v) Shrubs shall be planted at a rate of one shrub per 20 square feet of landscaped area. At least 50 percent of the shrubs shall be evergreen. At least 25 percent of the shrubs should be deciduous to provide seasonal interest. Shrubs shall be at least 16 inches tall at planting and have a mature height between three and four feet.
(vi) Ground cover shall be planted and spaced to result in total coverage of the required landscape area within three years as follows:
(A) Four-inch pots at 18 inches on center.
(B) One-gallon or greater sized containers at 24 inches on center.
(vii) New landscaping materials shall include drought-tolerant species native to the coastal region of the Pacific Northwest or noninvasive drought-tolerant naturalized species that have adapted to the climatic conditions of the coastal region of the Pacific Northwest.
(viii) Maintenance. A two-year performance bond, irrevocable letter of credit, or assignment of cash deposit shall be posted, in accordance with Chapter 22G.040 MMC, at the time of installation, to ensure the plants live and are maintained through two growing seasons.
(b) Fences are optional, but may not be placed within the landscape buffer.
(3) Exceptions. Exceptions to these screening standards may be made if the city finds the recommended alternative meets long-term screening objectives. Specifically:
(a) The developer/owner may make arrangements with WSDOT to have a portion of the required buffer on WSDOT property (provided at least 10 feet of landscape buffer are retained on private property). The owner remains responsible for maintenance and irrigation of the entire buffer, even portions on WSDOT property.
(b) Under some circumstances, it may be desirable to leave portions of the highway unscreened. With city approval, the required trees may be grouped to provide views of desired amenities, such as parks or mountains.
(c) Other alternative screening methods will be considered by the city if the method provides a viable long-term option to effectively screen the highway from development and add visual interest from the highway corridor. (Ord. 2852 § 10 (Exh. A), 2011).
Screening and impact abatement is required where necessary to reduce the impact of service, storage, loading and trash areas.
(1) All garbage collection, dumpsters, recycling areas, loading and outdoor storage or activity areas (including but not limited to areas used to store raw materials, finished and partially finished products and wastes) shall be screened from view of persons on adjacent properties and properties that are located across a street or alley. Screening may be accomplished by any one of the following techniques or their equivalent:
(a) A five-foot-wide L1 visual screen;
(b) A six-foot-high solid masonry wall or sight-obscuring fence five feet inside the property line with an L2 buffer between the fence and the property line; and
(c) Storage areas are not allowed within 15 feet of a street lot line. (Ord. 2852 § 10 (Exh. A), 2011).
All landscaped and lawn areas, except areas within the dripline of preserved trees, shall be amended per the specification of the post-construction soil quality and depth BMP in the Stormwater Manual adopted in MMC 14.15.050. Deeper soil amendment will provide improved growing medium and increased water holding capacity. (Ord. 3218 § 3 (Exh. C), 2022; Ord. 3035 § 8 (Exh. H), 2016; Ord. 2852 § 10 (Exh. A), 2011).
(1) All landscaped areas and plants required by this chapter must be permanently maintained in a healthy growing condition in order to accomplish the purpose for which they were required.
(2) Dead or diseased plants must be replaced within 30 days of notification, or as soon as practical in regard to freezing weather, or complex situations involving the removal and replacement of large trees.
(3) All landscaped areas must be kept free of debris and weeds.
(4) Plant material must not interfere with public utilities, restrict pedestrian or vehicular access, or constitute a traffic hazard.
(5) Planted areas next to pedestrian walkways and sidewalks shall be maintained or plant material chosen to maintain a clear zone between three and eight feet from ground level.
(6) The owners, their agents and assigns are responsible for providing, protecting, and maintaining all landscaping material in a healthy and growing condition, replacing it when necessary, and keeping it free of refuse and debris.
(7) All fencing, walls and other features used for screening purposes shall be kept free of litter, debris, and weeds. (Ord. 2852 § 10 (Exh. A), 2011).
The following alternative landscape options may be allowed only if they accomplish equal or better levels of screening and are subject to city approval:
(1) When the total area for required landscaping, and that within the dripline of retained trees, exceeds 15 percent of the area of the site, the landscaping requirement may be reduced so that the total required landscape and tree retention area will not exceed 15 percent of site area;
(2) The width of the perimeter landscape strip may be reduced up to 25 percent along any portion where:
(a) Berms at least three feet in height or architectural barriers at least six feet in height are incorporated into the landscape design; and
(b) The landscape materials are incorporated elsewhere on-site;
(3) When an existing structure precludes installation of the total amount of required site perimeter landscaping, such landscaping material shall be incorporated on another portion of the site;
(4) The width of any required perimeter landscaping may be averaged, provided the minimum width is not less than five feet;
(5) The width of the perimeter landscaping may be reduced up to 10 percent when a development retains 10 percent of significant trees or 10 significant trees per acre on site, whichever is greater;
(6) The landscaping requirement may be modified when existing conditions on or adjacent to the site, such as significant topographic differences, vegetation, structures or utilities, would render application of this chapter ineffective or result in scenic view obstruction;
(7) Street perimeter landscaping may be waived provided a site plan is approved that provides a significant amount of street trees and other pedestrian-related amenities. (Ord. 2852 § 10 (Exh. A), 2011).
This chapter establishes the standards for the amount, location and development of off-street motor vehicle parking, standards for bicycle parking and standards for on-site loading areas. Other titles of the city code may regulate other aspects of parking and loading. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Where the Standards Apply. Every building hereafter constructed, reconstructed, expanded or occupied, or use of property hereafter established or modified, shall be provided with off-street parking as provided in this chapter, and such parking areas shall be made permanently available and maintained for parking purposes. No building permit shall be issued until plans showing provisions for the required off-street parking have been submitted and approved as conforming to the standards of this chapter.
(2) Occupancy. All required parking areas must be completed and landscaped prior to occupancy of any structure.
(3) Calculations of Amounts of Required and Allowed Parking.
(a) When computing parking spaces based on floor area, floor area dedicated for parking is not counted.
(b) The number of parking spaces is computed based on the uses on the site. When there is more than one use on a site, the required or allowed parking for the site is the sum of the required or allowed parking for the individual uses. Parking for shopping centers shall be calculated in accordance with MMC 22C.130.030, Table 1: Minimum Required Parking Spaces. For joint parking, see MMC 22C.130.030(2)(d).
(4) Use of Required Parking Spaces. Required parking spaces must be available for the use of residents, customers or employees for the use. Required parking spaces may not be assigned in any way to a use on another site, except for joint parking situations. Required parking spaces must be made available to employees; they cannot be restricted only to customers. Also, required parking spaces may not be used for the parking of equipment or storage of goods or inoperable vehicles.
(5) Proximity of Parking to Use.
(a) Parking for single-family, middle housing, and townhouses shall be provided on the same lot as the dwelling unit it is required to serve; provided, that parking in unit lot subdivisions may be provided on a different unit lot than the dwelling units if the right to use the parking is formalized by an easement recorded with the county.
(b) Parking for multiple-family dwellings shall be not over 100 feet from the building it serves.
(c) Parking for uses not specified above shall not be over 500 feet from the building it serves.
(d) All off-street parking spaces for nonresidential uses shall be located on land zoned in a manner which would allow the particular use the parking will serve.
(e) If the parking for a building or use is located on a lot other than the lot upon which the use for which the parking is required is located, the owner of the lot containing the parking shall execute a covenant in a form acceptable to the city attorney, stating that the lot is devoted in whole or in part to required parking for the use on another lot. The owner of the property upon which the main use is located shall record this covenant with the Snohomish County auditor’s office to run with the properties on which both the principal use and the off-street parking are located. The owner shall provide a copy of the recorded covenant to the community development department.
(6) Stacked Parking. Stacked or valet parking is allowed if an attendant is present to move vehicles. If stacked parking is used for required parking spaces, some form of guarantee must be filed with the city ensuring that an attendant will always be present when the lot is in operation. All parking and loading area development standards continue to apply for stacked parking.
(7) Ingress and Egress Provisions. Curb cuts and access restrictions are regulated by the Marysville engineering design and development standards (EDDS). Access driveways for parking areas shall be located so as to cause the least possible conflict with vehicular and pedestrian traffic on public rights-of-way. The public works director shall have authority to fix the location, width and manner of approach of vehicular ingress or egress from a building or parking area to a public street and to alter existing ingress and egress as may be required to control traffic in the interest of public safety and general welfare. The city engineer may require joint use of driveways by more than one property. (Ord. 3366 § 82 (Exh. DDDD), 2025; Ord. 3352 § 85 (Exh. DDDD), 2025; Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. The purpose of required parking spaces is to provide enough parking to accommodate the majority of traffic generated by the range of uses which might locate at the site over time. As provided in subsection (2)(e) of this section, bicycle parking may be substituted for some required parking on a site to encourage transit use and bicycling by employees and visitors to the site. The required parking numbers correspond to specific land use categories. Provision of carpool parking, and locating it closest to the building entrance, will encourage carpool use.
(2) Minimum Number of Parking Spaces Required.
(a) The minimum number of parking spaces for all zones and use categories is stated in Table 1.
(b) If the parking formula used to determine parking requirements results in a fractional number greater than or equal to one-half, the proponent shall provide parking equal to the next highest whole number.
(c) Changes in Occupancy. Whenever the occupancy classification of a building is changed, the minimum standards for off-street parking for the new occupancy classification shall be applicable; provided, that if the existing occupancy had established a legal nonconforming status with respect to off-street parking requirements, no additional off-street parking shall be required for the new occupancy unless said new occupancy is in a classification requiring more parking than that which would have been required for the existing occupancy if it had been subject to the provisions of this chapter. If strict application of this section is not feasible due to existing site conditions such as building or parcel size, shape or layout, a variance may be granted by the community development director.
(d) Joint Use Parking. Joint use of required parking spaces may occur where two or more uses on the same or separate sites are able to share the same parking spaces because their parking demands occur at different times. Joint use of required nonresidential parking spaces is allowed if the following documentation is submitted in writing to the community development department as part of a building or land use permit application, and approved by the community development director:
(i) The names and addresses of the uses and of the owners or tenants that are sharing the parking;
(ii) The location and number of parking spaces that are being shared;
(iii) An analysis showing that the peak parking times for the uses occur at different times and that the parking area will be large enough for the anticipated demands of both uses; and
(iv) A legal instrument such as an easement or deed restriction that guarantees access to the parking for both uses.
The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 500 feet of such parking facilities.
(e) Bicycle parking may substitute for up to 10 percent of required parking. For every five nonrequired bicycle parking spaces that meet the bicycle parking standards in MMC 22C.130.060, the motor vehicle parking requirement is reduced by one space. Existing parking may be converted to take advantage of this provision.
(f) The off-street parking and loading requirements of this chapter do not apply retroactively to established uses; however:
(i) The site to which a building is relocated must provide the required spaces; and
(ii) A person increasing the floor area, or other measure of off-street parking and loading requirements, by addition or alteration, must provide spaces as required for the increase, unless the requirement under this subsection is five spaces or fewer.
(g) Reduction of Required Spaces When Effective Alternatives to Automobile Access Are Proposed. Upon demonstration to the hearing examiner that effective alternatives to automobile access are proposed to be implemented, the examiner may reduce by not more than 40 percent the parking requirements otherwise prescribed for any use or combination of uses on the same or adjoining sites, to an extent commensurate with the permanence, effectiveness, and demonstrated reduction in off-street parking demand achieved by such alternative programs. Alternative programs which may be considered by the examiner under this provision include, but are not limited to, the following:
(i) Private vanpool operation;
(ii) Transit/vanpool fare subsidy;
(iii) Imposition of a charge for parking;
(iv) Provision of subscription bus services;
(v) Flexible work-hour schedule;
(vi) Capital improvement for transit services;
(vii) Preferential parking for carpools/vanpools;
(viii) Participation in the ride-matching program;
(ix) Reduction of parking fees for carpools and vanpools;
(x) Establishment of a transportation coordinator position to implement carpool, vanpool, and transit programs; or
(xi) Bicycle parking facilities.
(h) Uses Not Mentioned. In the case of a use not specifically mentioned in Table 1: Minimum Required Parking Spaces, the requirements for off-street parking shall be determined by the community development director. If there are comparable uses, the community development director’s determination shall be based on the requirements for the most comparable use(s). Where, in the judgment of the community development director, none of the uses in Table 1: Minimum Required Parking Spaces are comparable, the community development director may base his or her determination as to the amount of parking required for the proposed use on detailed information provided by the applicant. The information required may include, but not be limited to, a description of the physical structure(s), identification of potential users, and analysis of likely parking demand.
(3) Carpool Parking. For office, industrial, and institutional uses where there are more than 20 parking spaces on the site, the following standards must be met:
(a) Five spaces or five percent of the parking spaces on site, whichever is less, must be reserved for carpool use before 9:00 a.m. on weekdays. More spaces may be reserved, but they are not required.
(b) The spaces will be those closest to the building entrance or elevator, but not closer than the spaces for disabled parking and those signed for exclusive customer use.
(c) Signs must be posted indicating these spaces are reserved for carpool use before 9:00 a.m. on weekdays.
(4) Electric Vehicle Parking. Electric vehicle charging capability is required for all new buildings that provide on-site parking in accordance with RCW 19.27.540.
LAND USE | MINIMUM REQUIRED SPACES |
|---|---|
RESIDENTIAL USES | |
Single-family dwellings, townhouses (excluding middle housing), and mobile homes | 2 per dwelling unit for residents plus 1 additional guest parking space per dwelling unit. Exception: parking for mobile home in mobile/manufactured home parks is subject to MMC 22C.230.070(7). |
Middle housing and accessory dwelling units within 1/2 mile walking distance of a major transit stop | 0 per dwelling unit (before any zero lot line subdivisions or lot splits). |
Middle housing units on lots equal to or under 6,000 square feet, and accessory dwelling units | 1 per dwelling unit (before any zero lot line subdivisions or lot splits). Easements or deed restrictions must be provided, as necessary, to ensure continued use of the parking space(s) for the respective unit after any lot splits. |
Middle housing (excluding accessory dwelling units) on lots over 6,000 square feet | 2 per dwelling unit (before any zero lot line subdivisions or lot splits). Easements or deed restrictions must be provided, as necessary, to ensure continued use of the parking space(s) for the respective unit after any lot splits. |
Studio apartments | 1.25 per dwelling unit |
Multiple-family dwellings, 1 bedroom (does not apply to middle housing) | 1.5 per dwelling unit |
Multiple-family dwellings, 2 or more bedrooms (does not apply to middle housing) | 1.75 per dwelling unit |
Retirement housing and apartments | 1 per dwelling |
Mobile home parks | 2 per unit, plus guest parking at 1 per 4 lots |
Rooming houses, similar uses | 1 per dwelling |
Bed and breakfast accommodations | 1 space for each room for rent, plus 2 spaces for the principal residential use |
Emergency housing, emergency shelters – indoor, transitional housing facilities and permanent supportive housing | As determined by the community development director with no less than a minimum of 1 per 2 employees plus 1 per 5 residents (3 spaces minimum) |
Housing located within 1/4 mile of a transit stop | As specified in RCW 36.70A.620; provided, that middle housing is subject to the alternate standards noted above. |
RECREATIONAL/CULTURAL USES | |
Movie theaters | 1 per 4 seats |
Stadiums, sports arenas and similar open assemblies | 1 per 8 seats or 1 per 100 SF of assembly space without fixed seats |
Dance halls and places of assembly without fixed seats | 1 per 75 SF of gross floor area |
Bowling alleys | 5 per lane |
Skating rinks | 1 per 75 SF of gross floor area |
Tennis courts, racquet clubs, handball courts and other similar commercial recreation | 1 space per 40 SF of gross floor area used for assembly, plus 2 per court |
Swimming pools (indoor and outdoor) | 1 per 10 swimmers, based on pool capacity as defined by the Washington State Department of Health |
Golf courses | 4 spaces for each green, plus 50% of spaces otherwise required for any accessory uses (e.g., bars, restaurants) |
Gymnasiums, health clubs | 1 space per each 200 SF of gross floor area |
Churches, auditoriums and similar enclosed places of assembly | 1 per 4 seats or 60 lineal inches of pew or 40 SF gross floor area used for assembly |
Art galleries and museums | 1 per 250 SF of gross floor area |
COMMERCIAL/OFFICE USES | |
Banks, business and professional offices (other than medical and dental) with on-site customer service | 1 per 400 SF gross floor area |
Retail stores and personal service shops unless otherwise provided herein | If < 5,000 SF floor area, 1 per 600 SF gross floor area; if > 5,000 SF floor area, 8 plus 1 per each 300 SF gross floor area over 5,000 SF |
Grocery stores | 1 space per 200 SF of customer service area |
Barber and beauty shops | 1 space per 200 SF |
Motor vehicle sales and service | 2 per service bay plus 1 per 1,000 SF of outdoor display |
Motor vehicle or machinery repair, without sales | 2 plus 2 per service bay |
Mobile home and recreational vehicle sales | 1 per 3,000 SF of outdoor display area |
Motels and hotels | 1 per unit or room |
Restaurants, taverns, bars with on-premises consumption | If < 4,000 SF, 1 per 200 SF gross floor area; if > 4,000 SF, 20 plus 1 per 100 SF gross floor area over 4,000 SF |
Drive-in restaurants and similar establishments, primarily for autoborne customers | 1 per 75 SF of gross floor area. Stacking spaces shall be provided in accordance with Chapter 22C.140 MMC, Drive-Through Facilities. |
Shopping centers | If < 15,000 SF, 1 per 200 SF of gross floor area; if > 15,000 SF, 1 per 250 SF of gross floor area |
Day care centers | 1 space per staff member and 1 space per 10 clients. A paved unobstructed pick-up area shall be set aside for dropping off and picking up children in a safe manner that will not cause the children to cross the parking area or lines of traffic. |
Funeral parlors, mortuaries or cemeteries | 1 per 4 seats or 8 feet of bench or pew or 1 per 40 SF of assembly room used for services if no fixed seating is provided |
Gasoline/service stations with grocery | 1 per employee plus 1 per 200 SF gross floor area |
Adult facilities as defined by MMC 22A.020.020 | 1 per 75 SF of gross floor area or, in the case of an adult drive-in theater, 1 per viewing space |
HEALTH SERVICES USES | |
Nursing homes, convalescent homes for the aged | 1 per 5 beds plus 1 space per employee and medical staff |
Medical and dental clinics | 1 per 200 SF gross floor area |
Hospitals | 1 per 2 beds, excluding bassinets |
EDUCATIONAL USES | |
Elementary, junior high schools (public and private) | 5 plus 1 per each employee and faculty member |
Senior high schools (public and private) | 1 per each 10 students plus 1 per each employee or faculty member |
Commercial/vocational schools | 1 per each employee plus 1 per each 2 students |
PUBLIC/GOVERNMENT USES | |
Public utility and governmental buildings | 1 per 400 SF of gross floor area |
Libraries | 1 per 250 SF of gross floor area |
MANUFACTURING/WAREHOUSE USES | |
Manufacturing and industrial uses of all types, except a building used exclusively for warehouse purposes | 1 per 750 SF of gross floor area plus office space requirements |
Warehouses, storage and wholesale businesses | 1 per 2,000 SF of gross floor area plus office space requirements |
Mini self-storage | 1 per each 50 storage cubicles equally distributed and proximate to storage buildings. In addition, 1 space for each 50 storage cubicles to be located at the project office |
(Ord. 3366 § 83 (Exh. EEEE), 2025; Ord. 3352 § 86 (Exh. EEEE), 2025; Ord. 3318 § 1 (Exh. A), 2024; Ord. 3205 § 8, 2022; Ord. 3203 § 9, 2022; Ord. 3193 § 22, 2021; Ord. 3156 § 2, 2020; Ord. 3115 § 3, 2018; Ord. 3054 § 15, 2017; Ord. 2898 § 13, 2012; Ord. 2852 § 10 (Exh. A), 2011).
A site plan for every new or enlarged off-street parking lot or motor vehicle sales area shall be approved by the community development department prior to construction. The site plan shall be drawn utilizing a common engineering scale (e.g., one inch equals 20 feet, one inch equals 30 feet, one inch equals 40 feet) and shall depict the following elements:
(1) The proposed/existing buildings and appurtenances;
(2) Locations, size, shape and design of the parking spaces;
(3) Existing/proposed curb cuts or access locations;
(4) Existing/proposed illumination;
(5) Landscaping and method of irrigation;
(6) Parking lot circulation (i.e., drive aisles, turning radii, etc.);
(7) Drainage facilities;
(8) Other features as deemed necessary by the director. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. The parking area layout standards are intended to promote safe circulation within the parking area and provide for convenient entry and exit of vehicles.
(2) Where These Standards Apply. The standards of this section apply to all vehicle areas whether required or excess parking.
(3) Improvements.
(a) Paving.
(i) In order to control dust and mud, all vehicle areas must be surfaced with a minimum all-weather surface. Such surface shall be specified by the city engineer. Alternatives to the specified all-weather surface, including grass block pavers, may be provided, subject to approval by the city engineer. Gravel surfacing is not considered an all-weather surface; however, legal nonconforming gravel surfacing in existing designated parking areas is allowed to remain for a maximum of six parking spaces.
(ii) The applicant shall be required to prove that the alternative surfacing provides results equivalent to paving. If, after construction, the city determines that the alternative is not providing the results equivalent to paving or is not complying with the standards of approval, paving shall be required.
(iii) Parks, agricultural and similar uses, and developments providing surplus parking are exempt from the all-weather surface requirement, provided, all surfacing must provide for the following minimum standards of approval:
(A) Gravel parking facilities shall be surfaced with no less than three inches of crushed gravel.
(B) Dust is controlled.
(C) Storm water is treated to city standards.
(D) Rock and other debris is not tracked off site.
(E) Driveway and approaches shall be paved with an all-weather surface, specified by the city engineer, from at least 20 feet back from the property line to the street.
(iv) Single-Family Residences, Middle Housing and Townhouses. All driveways and parking areas must be covered in a minimum all-weather surface, specified by the city engineer. Gravel surfacing is not considered an all-weather surface.
(b) Striping. All parking spaces, except for stacked parking, must be striped in conformance with the minimum parking and aisle dimensions outlined in Table 2, except parking for single-family residences, middle housing and accessory dwelling units.
(c) Protective Curbs Around Landscaping. All perimeter and interior landscaped areas must have cast in place or extruded protective curbs along the edges. Curbs separating landscaped areas from parking areas may allow storm water runoff to pass through them. Tire stops, bollards or other protective barriers may be used at the front ends of parking spaces. Curbs may be perforated or have gaps or breaks. Trees must have adequate protection from car doors as well as car bumpers. This provision does not apply to single-family residences, duplexes and accessory dwelling units.
(d) Illumination. Parking lot illumination shall be provided for all parking lots containing 15 or more parking spaces, and shall comply with the following design standards:
(i) Parking lot lighting fixtures shall be full cut-off, dark sky rated and mounted no more than 25 feet above the ground, with lower fixtures preferable so as to maintain a human scale;
(ii) All fixtures over 15 feet in height shall be fitted with a full cut-off shield;
(iii) Pedestrian scale lighting (light fixtures no taller than 15 feet) is encouraged in areas of pedestrian activity. Lighting shall enable pedestrians to identify a face 45 feet away in order to promote safety;
(iv) Parking lot lighting shall be designed to provide security lighting to all parking spaces;
(v) Lighting shall be shielded in a manner that does not disturb residential uses or pose a hazard to passing traffic. Lighting should not be permitted to trespass onto adjacent private parcels nor shall light source (luminaire) be visible at the property line.
(4) Storm Water Management. Storm water runoff from parking lots is regulated by MMC Title 14, Water and Sewers.
(5) Parking Area Layout.
(a) Access to Parking Spaces.
(i) All parking areas, except stacked parking areas, must be designed so that a vehicle may enter or exit without having to move another vehicle.
(ii) Parking shall be designed so that automobiles do not back out into public streets.
(b) Parking Space and Aisle Dimensions.
(i) Parking spaces and aisles must meet the minimum dimensions contained in Table 2: Minimum Parking Space and Aisle Dimensions. Parking at any angle other than those shown is permitted, providing the width of the stalls and aisle are adjusted by interpolation between the specified standards.
(ii) Turning Radii. The minimum allowable inside vehicle turning radius in parking and driveway areas shall be 20 feet unless fire or solid waste apparatus access is necessary, in which case the minimum inside radius shall be 30.5 feet and the outside radius shall be 46 feet or as required by the fire district or solid waste division. Turning radii are not necessarily the radii or curbs around islands and other improvements.
(iii) On dead-end aisles, aisles shall extend five feet beyond the last stall to provide adequate turnaround.
(iv) The community development director may grant a deviation from the parking space and aisle dimensions outlined in Table 2: Minimum Parking Space and Aisle Dimensions, whenever (A) there exists a lot with one or more structures on it constructed before the effective date of this title, and (B) a change in use that does not involve any enlargement of a structure is proposed for such lot, and (C) the parking space and aisle dimensions that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for parking dimensional standards. To grant a deviation, the community development director must make the following findings:
(A) That the granting of the deviation will not create a safety hazard or loading of vehicles on public streets in such a manner as to interfere with the free flow of vehicular and pedestrian traffic within the public right-of-way.
(B) That the granting of the deviation will not create a safety hazard or any other condition inconsistent with the objectives of this title.
Angle | Width | Curb Length | 1-Way Aisle Width | 2-Way Aisle Width | Stall Depth |
|---|---|---|---|---|---|
0 degrees (parallel) | 8 feet | 21 feet | 12 feet | 22 feet | 8 feet |
30 degrees | 8 feet, 6 inches | 17 feet | 12 feet | 22 feet | 15 feet |
45 degrees | 8 feet, 6 inches | 12 feet | 12 feet | 22 feet | 17 feet |
60 degrees | 8 feet, 6 inches | 9 feet, 9 inches | 16 feet | 22 feet | 18 feet |
90 degrees (commercial and industrial) | 8 feet, 6 inches | 8 feet, 6 inches | 22 feet | 22 feet | 18 feet |
90 degrees (multifamily) | 8 feet | 8 feet | 22 feet | 22 feet | 18 feet |
90 degrees (single-family, townhouses, and middle housing) | 8 feet | 8 feet | 22 feet | 22 feet | 20 feet |
Tandem (residential) | 8 feet | N/A | N/A | N/A | 20 feet |
Notes: (1) In-garage parking spaces must meet the applicable dimensional standards noted in the table above. In-garage parking spaces must be completely usable for parking and free of any obstructions (e.g., bollards, water heaters, electrical equipment, etc.). Exception: where the required parking can be met with surface (outside) parking spaces, or when it can be demonstrated with a CAD detail that the garage allows for the parking of a standard consumer vehicle and enables the garage doors to open and close, the dimensional requirements in Table 1 for in-garage parking may be modified. (2) Dimensions of parking spaces for the disabled are regulated by the building code. See subsection (5)(e) of this section. | |||||
(c) Pedestrian Access and Circulation. Developments must provide specially marked or paved walkways through parking lots, as depicted in Figures 1 through 4. Parking lot walkways shall allow for access so pedestrians and wheelchairs can easily gain access from public sidewalks and bus stops to building entrances through the use of raised concrete, stamped concrete, colored concrete, or pervious pavement sidewalks, or pedestrian paths which are physically separated from vehicle traffic and maneuvering areas. The director may allow pedestrian pathways to be striped if it can be demonstrated that the pathways are not used by, or accessible to, the public (e.g., pathways located behind a commercial or industrial building where the general public does not have access). Generally, walkways should be provided every four rows and a maximum distance of 180 feet shall be maintained between paths. Where possible, align the pathways to connect with major building entries or other sidewalks, pathways, and destinations. The pathways must be a minimum of five feet wide, universally accessible and ADA compliant. On narrow infill lots, the director may authorize a pathway that is less than five feet wide; provided, that the minimum ADA width is met.
Figure 1 Figure 2
Figure 3 Figure 4
(d) Location. Parking areas should be located and designed to consider impacts to the streetscape. Except for adult facilities as defined by MMC 22A.020.020, on-site parking shall be located at the sides and rear of buildings or complexes. For adult facilities, on-site parking shall be located where most visible from both the streetscape and the public access to the adult facility.
(e) Parking for Disabled Persons. The building official regulates the following disabled person parking standards and access standards through the building code and the latest ICC/ANSI A117.1 standards for accessible and usable buildings and facilities:
(i) Dimensions of disabled person parking spaces and access aisles;
(ii) The minimum number of disabled person parking spaces and circulation routes;
(iii) Location of disabled person parking spaces and circulation routes;
(iv) Curb cuts and ramps including slope, width and location; and
(v) Signage and pavement markings.
(f) A portion of a standard parking space may be landscaped instead of paved, as follows:
(i) The landscaped area may be up to two feet of the front of the space as measured from a line parallel to the direction of the bumper of a vehicle using the space. Any vehicle overhang must be free from interference from sidewalks, landscaping, or other required elements;
(ii) Landscaping must be ground cover plants; and
(iii) The landscaped area counts toward parking lot interior landscaping requirements and toward any overall site landscaping requirements. However, the landscaped area does not count toward perimeter landscaping requirements.
(g) Ingress and Egress Provisions. The layouts of parking areas are reviewed for compliance with the curb cut and access restrictions outlined in the Marysville engineering design and development standards (EDDS).
(6) Parking Area Landscaping and Screening. All landscaping must comply with the standards of Chapter 22C.120 MMC. In addition, screening in the form of a solid masonry wall, architectural fences or dense coniferous hedges shall be erected or planted and maintained to a height of not less than five feet where a parking lot has a common boundary line with any residentially zoned property.
(7) Maintenance. Maintenance of all areas provided for off-street parking shall include removal and replacement of dead and dying trees, grass and shrubs, removal of trash and weeds, repair of traffic-control devices, signs, light standards, fences, walls, surfacing materials, curbs and railings, and inspection, cleaning and repair of pervious surfacing materials and drainage facilities when applicable. (Ord. 3366 § 84 (Exh. FFFF), 2025; Ord. 3352 § 87 (Exh. FFFF), 2025; Ord. 3318 § 2 (Exh. B), 2024; Ord. 3244 § 5 (Exh. E), 2022; Ord. 3035 § 9 (Exh. I), 2016; Ord. 2852 § 10 (Exh. A), 2011).
Bicycle parking standards are intended to provide safe, convenient, and attractive areas for the circulation and parking of bicycles that encourage the use of alternative modes of transportation.
(1) Required Bicycle Parking. Bicycle parking facilities shall be provided for any new use which requires 20 or more automobile parking spaces.
(a) The number of required bicycle parking spaces shall be five percent of the number of required off-street auto parking spaces.
(b) When any covered automobile parking is provided, all bicycle parking shall be covered.
(2) Exemptions from Bicycle Parking Standards.
(a) Construction activities which do not require a building permit.
(b) Interior and exterior remodels of existing structures.
(c) Temporary use or activities.
(3) Bicycle Parking Standards.
(a) Each required bicycle parking space shall be located on a minimum all-weather surface, specified by the city engineer.
(b) Bicycle parking should be at least as well-lit as vehicle parking for security.
(c) A bicycle parking space shall be at least six feet long and two feet wide with an overhead clearance of at least seven feet, and comply with the spacing provisions depicted in Figure 5. An access aisle of at least four feet wide shall be provided and maintained beside or between each row of bicycle parking.
Figure 5
(d) The location of the rack and subsequent parking shall not interfere with pedestrian passage, leaving a clear area of at least 36 inches between bicycles and other existing and potential obstructions.
(e) Direct pedestrian access from the bicycle parking area to the building entrance shall be provided.
(4) Bicycle Parking Location and Design.
(a) Bicycle parking provided in outdoor locations shall not be located farther than the closest automobile parking space (except ADA parking).
(b) Short-term bicycle parking shall consist of the following design features:
(i) Inverted “U” style racks or similar design, as illustrated in Figure 6.
(ii) Each rack shall provide each bicycle parking space with at least two points of contact that allow the frame and both wheels to be locked to the rack by the bicyclist’s own locking device.
(iii) The bike rack shall have rounded surfaces and corners.
(iv) The bike rack shall be coated in a material that will not damage the bicycle’s painted surfaces.
Figure 6
(5) The community development director may waive the bicycle parking requirement if it can be demonstrated that the rack would not be reasonably utilized due to the location of the facility. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. To reduce the visual impact of structured parking located above grade.
(2) Exterior Design of Parking Structures Implementation.
(a) The street-facing facades of parking levels within a building shall be treated in such a way as to seem more like a typical floor, rather than open slabs with visible cars and ceiling lights, as depicted in Figures 7 through 10. This may be accomplished by two or more of the following:
(i) Square opening, rather than horizontal.
(ii) Planting designed to grow on the facade.
(iii) Louvers.
(iv) Expanded metal panels.
(v) Decorative metal grills.
(vi) Spandrel (opaque) glass.
(vii) Other architectural devices may be proposed that will accomplish the intent.
(b) Freestanding parking structures shall incorporate the above features on portions of the facade above the ground level. At ground level, they shall comply with the site and building design standards outlined in Chapters 22C.010 and 22C.020 MMC, addressing ground level details, transparency and weather protection.
Figure 7

Figure 8

Figure 9

Figure 10

(Ord. 2852 § 10 (Exh. A), 2011).
(1) Purpose. A minimum number of off-street loading spaces are required to ensure adequate areas for loading for larger uses and developments. These standards ensure that the appearance of loading areas will be consistent with that of parking areas.
(2) Loading Standards.
(a) Number of Loading Spaces. The number of loading spaces required is determined by the following table.
Gross Floor Area (GFA) | Number of Loading Spaces |
|---|---|
Less than 20,000 SF of nonresidential GFA | 0 |
20,000 SF to 50,000 SF of nonresidential GFA | 1 |
More than 50,000 SF of nonresidential GFA | 2 |
(b) Loading spaces shall be designed so no part of a truck or van using the loading space will project into the public right-of-way.
(c) Size of Loading Spaces. Each loading space shall measure not less than 10 feet wide by 30 feet long, with 14-foot height clearance.
(d) Placement, Setbacks, and Landscaping. Loading areas must comply with the setback and perimeter landscaping standards stated in Chapter 22C.120 MMC. When parking areas are prohibited or not allowed between a building and a street, loading areas are also prohibited or not allowed.
(e) Paving. In order to control dust or mud, all loading areas must be covered in a minimum all-weather surface, specified by the city engineer. (Ord. 2852 § 10 (Exh. A), 2011).
(1) In considering a request for a modification of parking requirements, the hearing examiner shall consider the following factors:
(a) Type of use proposed and traffic generation, including hours of operation, frequency of employee and customer trips, and other specific factors relating to the proposed use;
(b) Location of the subject property, proximity to and availability of public transportation facilities, likelihood of customers or employees to use public transportation;
(c) Other information which is relevant and necessary to make a determination as to the validity of the request for modification. Such additional information may include parking studies and traffic surveys for the proposed project vicinity and data concerning the actual parking demand of other similar uses.
(2) In approving a request for the modification of the number of required off-street parking spaces, the hearing examiner may require that a transit stop be located on the subject lot in order to promote use of public transit and to justify a reduction in the required number of parking spaces. (Ord. 2852 § 10 (Exh. A), 2011).
The standards of this chapter are intended to allow for drive-through facilities by reducing the negative impacts they may create. Of special concern are noise from idling cars and voice amplification equipment, lighting and queued traffic interfering with on-site and off-site traffic and pedestrian flow. The specific purposes of this chapter are to:
(1) Reduce noise, lighting and visual impacts on abutting uses, particularly residential uses;
(2) Promote safer and more efficient on-site vehicular and pedestrian circulation; and
(3) Minimize conflicts between queued vehicles and traffic on adjacent streets. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Uses. The standards of this chapter apply to all uses that have drive-through facilities including vehicle repair and quick vehicle servicing.
(2) Site Development. The standards of this chapter apply only to the portions of the site development that comprise the drive-through facility. The standards apply to new developments, the addition of drive-through facilities to existing developments, and the relocation of an existing drive-through facility. Drive-through facilities are not a right; the size of the site or the size and location of existing structures may make it impossible to meet the standards of this chapter. Chapter 22C.130 MMC, Parking and Loading, contains additional requirements regarding vehicle areas.
(3) Parts of a Drive-Through Facility. A drive-through facility is composed of two parts – the stacking lanes and the service area. A drive-through facility may also have a third part – an order menu. The stacking lanes are the space occupied by vehicles queuing for the service to be provided. The service area is where the service occurs. In uses with service windows, the service area starts at the service window. In uses where the service occurs indoors, the service area is the area within the building where the service occurs. For other development, such as gas pumps, air compressors and vacuum cleaning stations, the service area is the area where the vehicles are parked during the service. (Ord. 2852 § 10 (Exh. A), 2011).
All drive-through facilities must provide the setbacks and landscaping stated below:
(1) Abutting a Residential Zone. Service areas and stacking lanes must be set back 10 feet from all lot lines which abut residential zones. The setback must be landscaped to the L1 standards; see Chapter 22C.120 MMC, Landscaping and Screening.
(2) Abutting a Commercial or Industrial Zone. Service areas and stacking lanes must be set back five feet from all lot lines which abut commercial or industrial zones. The setback must be landscaped to the L2 standard; see Chapter 22C.120 MMC, Landscaping and Screening.
(3) Abutting a Street. Service areas and stacking lanes must be set back as follows:
(a) Ten-foot setback required from a public right-of-way or private access road. The setback area shall be landscaped to the L3 standard; see Chapter 22C.120 MMC, Landscaping and Screening.
(b) Fifteen-foot setback required from a public arterial right-of-way. The setback area shall be landscaped to the L3 standard; see Chapter 22C.120 MMC, Landscaping and Screening. (Ord. 2852 § 10 (Exh. A), 2011).
All driveway entrances, including stacking lane entrances, must be spaced in accordance with the city of Marysville engineering design and development standards, unless otherwise authorized by the public works director or designee. (Ord. 2852 § 10 (Exh. A), 2011).
These standards ensure that there are adequate on-site maneuvering and circulation areas, ensure that stacking vehicles do not impede traffic on abutting streets, and that stacking lanes will not have nuisance impacts on abutting residential lands.
(1) Dimensional Requirements. A stacking lane shall be an area measuring a minimum of eight feet six inches wide by 20 feet deep, with direct forward access to a service window of a drive-through facility. A stacking lane is measured from the curb cut to the service area or the order area if an outdoor order area precedes the service area. Stacking lanes do not have to be linear.
(2) For each drive-up lane of a financial institution, business service, gas stations, vendor stand, or other drive-through use not listed, a minimum of three stacking spaces shall be provided.
(3) For each service lane of a drive-through restaurant, a minimum of seven stacking spaces shall be provided. For high volume drive-through restaurants up to 12 stacking spaces may be required.
(4) A stacking lane is not required for accessory facilities where vehicles do not routinely stack up while waiting for the service. Examples are window washing, air compressor, and vacuum cleaning stations.
(5) Stacking Lane Design and Layout. Stacking lanes must be designed so that they do not interfere with parking, parking access and vehicle circulation.
(6) Stacking Lanes Identified. All stacking lanes must be clearly identified, through the use of means such as striping, landscaping and signs. (Ord. 2852 § 10 (Exh. A), 2011).
Drive-through facilities must meet the off-site impact standards outlined in this section. When abutting land zoned residential, drive-through facilities with noise-generating equipment must document in advance that the facility will meet the off-site impact noise standards. Noise generating equipment includes items such as speakers, mechanical car washes, vacuum cleaners and exterior air compressors.
(1) Communication systems (e.g., intercom systems) that can be heard beyond the property line are prohibited.
(2) The exterior openings for automobile ingress and egress to work areas shall not be located on walls of buildings adjacent to residences or residentially zoned property. (Ord. 2852 § 10 (Exh. A), 2011).
Electric vehicle charging stations (Figure 1), rapid charging stations (Figure 2) and battery exchange stations (Figure 3) are permitted in accordance with Chapter 22C.010 MMC, Residential Zones, and Chapter 22C.020 MMC, Commercial, Industrial, Recreation and Public Institutional Zones.
Figure 1: Electric Vehicle Home Charging Station

Wall-mounted Level 2 home charging station
Figure 2: Electric Vehicle Rapid Charging Stations


Rapid Charging Stations in Vacaville, CA
Figure 3: Electric Vehicle Battery Exchange Stations

Battery Exchange Station in Tokyo
(Ord. 2852 § 10 (Exh. A), 2011).
(1) Electric Vehicle Charging Stations – Generally.
(a) Electric vehicle charging stations are reserved for parking and charging electric vehicles only.
(b) Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(2) Prohibitions.
(a) When a sign provides notice that a space is a designated electric vehicle charging station, no person shall park or stand any nonelectric vehicle in a designated electric vehicle charging station space. Any nonelectric vehicle is subject to fine or removal.
(b) Any electric vehicle in any designated electric vehicle charging station space and not electrically charging or parked beyond the days and hours designated on regulatory signs posted at or near the space shall be subject to a fine and/or removal. For purposes of this subsection, “charging” means an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment.
(3) Noticing of Electric Vehicle Charging Stations. Upon adoption by the city of Marysville, the city engineer shall cause appropriate signs and marking to be placed in and around electric vehicle charging station spaces, indicating prominently thereon the parking regulations. The signs shall define time limits and hours of operation, as applicable, shall state that the parking space is reserved for charging electric vehicles and that an electric vehicle may only park in the space for charging purposes. Violators are subject to a fine and/or removal of their vehicle. (Ord. 2852 § 10 (Exh. A), 2011).
To ensure an effective installation of electric vehicle charging stations, the regulations in this section provide a framework for when a private property owner chooses to provide electric vehicle charging stations.
(1) Electric Vehicle Charging Station Spaces.
(a) Purpose. For all parking lots or garages, except those that include restricted electric vehicle charging stations.
(b) Number. No minimum number of charging station spaces is required.
(c) Minimum Parking Requirements. An electric vehicle charging station space may be included in the calculation for minimum required parking spaces that are required pursuant to other provisions of this code.
(d) Location and Design Criteria. The provision of electric vehicle parking will vary based on the design and use of the primary parking lot. The following required and additional locational and design criteria are provided in recognition of the various parking lot layout options.
(i) Where provided, parking for electric vehicle charging purposes is required to include the following:
(A) Signage. Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations shall be included if time limits or tow-away provisions are to be enforced.
(B) Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered.
(C) Accessibility. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, the charging equipment shall be located so as not to interfere with accessibility requirements of WAC 51-50-005.
(D) Lighting. Where charging station equipment is installed, adequate site lighting shall exist, unless charging is for daytime purposes only.
(E) Notification. Information on the charging station, identifying voltage and amperage levels and any time of use, fees, or safety information.
(e) Data Collection. To allow for maintenance and notification, the Marysville community development department will require the owners of any private new electric vehicle infrastructure station that will be publicly available (see definition “electric vehicle charging station – public” in MMC 22A.020.060) to provide information on the station’s geographic location, date of installation, equipment type and model, and owner contact information. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Quantity and Location. Where electric vehicle charging stations are provided in parking lots or parking garages, accessible electric vehicle charging stations shall be provided as follows:
(a) Accessible electric vehicle charging stations shall be provided in the ratios shown on the following table.
Number of EV Charging Stations | Minimum Accessible EV Charging Stations |
|---|---|
1 – 50 | 1 |
51 – 100 | 2 |
101 – 150 | 3 |
151 – 200 | 4 |
201 – 250 | 5 |
251 – 300 | 6 |
(b) Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and shall be connected to a barrier-free accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons. Below are two options for providing for accessible electric vehicle charging stations.
Figure 4: Off-Street Accessible Electric Vehicle Charging Station – Option 1


Figure 5: Off-Street Accessible Electric Vehicle Charging Station – Option 2


(2) Definitions.
(a) “Designated accessible space” means a WAC 51-50-005 required accessible parking space designated for the exclusive use of parking vehicles with a state disabled parking permit.
(b) “Accessible electric vehicle charging station” means an electric vehicle charging station where the battery charging station equipment is located within accessible reach of a barrier-free access aisle (minimum 44-inch width) and the electric vehicle. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Directional – Off-Street Parking Lot or Parking Garage. Directional signs for an on-site parking lot or parking garage should be used in the parking facility with a directional arrow at all decision points, as depicted in Figure 6.
Figure 6: Directional – Off-Street Parking Lot or Parking Garage


(2) Off-Street EV Parking – Parking Space with Charging Station Equipment. Combination signs identifying space as an electric vehicle charging station, prohibiting nonelectric vehicles, with charging time limits, should be provided, as depicted in Figure 7.
Figure 7: Off-Street EV Parking – Parking Space with Charging Station Equipment



(Ord. 2852 § 10 (Exh. A), 2011).
(1) On-Street Electric Vehicle Charging Stations – Generally.
(a) Purpose. Curbside electric vehicle charging stations adjacent to on-street parking spaces are reserved for charging electric vehicles.
(b) Size. A standard size parking space may be used as an electric vehicle charging station.
(c) Location and Design Criteria. Where provided, parking for electric vehicle charging purposes is required to include the following:
(i) Signage. Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations shall be included if time limits or tow-away provisions are to be enforced.
(ii) Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered.
(iii) Accessibility. Charging station equipment located within a sidewalk shall not interfere with accessibility requirements of WAC 51-50-005.
(iv) Clearance. Charging station equipment mounted on pedestals, light posts, bollards or other devices shall be a minimum of 24 inches clear from the face of curb.
(v) Lighting. Where charging station equipment is installed, adequate site lighting shall exist, unless charging is for daytime purposes only.
(vi) Charging Station Equipment. Charging station outlets and connector devices shall be no less than 36 inches or no higher than 48 inches from the top of surface where mounted, and shall contain a retraction device and/or a place to hang permanent cords and connectors sufficiently above the ground or paved surface.
(vii) Charging Station Equipment Protection. When the electric vehicle charging station space is perpendicular or at an angle to curb face and charging equipment, adequate equipment protection, such as wheel stops or concrete-filled steel bollards, shall be used. Appropriate signage indicating if backing in is allowed or not shall be posted.
(viii) Notification. Information on the charging station identifying voltage and amperage levels and any time of use, fees, or safety information.
(ix) Location. Placement of a single electric vehicle charging station is preferred at the beginning or end stall on a block face.
(d) Data Collection. To allow for maintenance and notification, the community development department will require the owners of any private new electric vehicle infrastructure station that will be publicly available (see definition “electric vehicle charging station – public” in MMC 22A.020.060) to provide information on the station’s geographic location, date of installation, equipment type and model, and owner contact information.
Figure 8: Electric Vehicle Charging Station – On Street


On-street charging near end of block.
(2) Signage.
(a) Directional – Highways and Freeways. Directional signs (MUTCD D0-11b) for highways and freeways (Figure 9) should be installed at a suitable distance in advance of the turn-off point or intersection highway. If used at an intersection or turn-off point, it shall be accompanied by a directional arrow. As the symbol on Figure 9 appears to be a gasoline pump, this sign may also be supplemented with the sign shown in Figure 10 (MUTCD D9-11bP) to avoid confusion with liquid fuel stations for early EV drivers.
Figure 9: Directional – Highways and Freeways


Figure 10: Supplemental Directional – Highways and Freeways

(b) Directional – Local Street. The directional sign for local streets should be installed at a suitable distance in advance of the intersection or charging station facility. If used at an intersection or parking lot entrance, it shall be accompanied by a direction arrow. As the symbol on Figure 11 appears to be a gasoline pump, this sign may also be supplemented with the sign shown in Figure 12 (MUTCD D9-11bP) to avoid confusion with liquid fuel stations for early EV drivers.
Figure 11: Directional – Local Street


Figure 12: Supplemental Directional – Local Street

(c) On-Street Parking Space with Charging Station Equipment. Combination sign identifying space as an electric vehicle charging station, prohibiting nonelectric vehicles, with charging time limits, is shown in Figure 13. The use of time limits is optional and is included to allow the charging equipment to be available for more than one use during the day. The design of the time limit charging sign is modeled after the existing R7-108 sign in the federal MUTCD. If dual use of the space is allowed, the time limits would need to be added to the red/black/white sign rather than the green sign.
Figure 13: On-Street Parking Space with Charging Station Equipment



(Ord. 2852 § 10 (Exh. A), 2011).
(1) Categorical Exemptions for Battery Charging and Exchange Station Installation. The construction of an individual battery charging station or an individual battery exchange station that is otherwise categorically exempt shall continue to be categorically exempt even if part of a larger proposal that includes other battery charging stations, other battery exchange stations, or other related utility networks. (Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter is to provide for the reasonable display of signs necessary for public service or the conduct of business. The regulations enacted herein are necessary to protect the safety and welfare of the public and to maintain an attractive appearance in the community. This chapter authorizes and regulates the use of signs visible from a public right-of-way and/or adjacent property to:
(1) Provide a reasonable balance between the right of an individual to identify a business and the right of the public to be protected against the unrestricted proliferation of signs; and
(2) Support the economic well-being of businesses by allowing businesses to identify their premises and advertise products and services; and
(3) Provide minimum standards to safeguard life, health, property and the general welfare by regulating and controlling the design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures; and
(4) Ensure that signs are compatible with adjacent land uses; and
(5) Protect the public from hazardous conditions resulting from signs that are structurally unsafe, obscure vision of motorists, distract motorists, or interfere with traffic signs and signals; and
(6) Minimize overhead clutter for drivers and pedestrians; and
(7) Provide for types and sizes of signs appropriate to the land uses and zoning districts of the city; and
(8) Encourage well-designed signs that are compatible both with surrounding land uses and the buildings to which they are appurtenant; and
(9) Provide for the orderly and reasonable elimination of existing signs that are not in conformance with this chapter to protect the public health, safety, and welfare; and
(10) Provide a reasonable amortization period for businesses which have made a substantial investment in off-premises signs (billboards); and
(11) Implement the goals and policies of the Marysville comprehensive plan; and
(12) Protect property values by encouraging signs that are appropriate in both scale and design to surrounding buildings and landscape, and by discouraging a needless proliferation of the number of signs. (Ord. 3195 § 3 (Exh. A), 2021).
(1) Administration. The community development director will administer these sign standards as set forth in Chapter 22G.010 MMC, Land Use Application Procedures. The director may implement procedures, forms, and written policies for administering the provisions of this chapter.
(2) Enforcement. This chapter will be enforced by the code enforcement officer.
(3) Violations. Violations of this chapter are civil infractions enforced under MMC Title 4. (Ord. 3195 § 3 (Exh. A), 2021).
It shall be unlawful to erect or display a sign in the city without a sign permit issued by the community development department, except for those exempted in MMC 22C.160.080. (Ord. 3195 § 3 (Exh. A), 2021).
(1) Applications for sign permits shall be made to the building official upon forms provided by the community development department. Such application shall require:
(a) Name, address, telephone number and email address of the applicant.
(b) Name, address, telephone number and email address of the sign owner.
(c) Tax parcel number or correct address where the proposed sign or signs will be located.
(d) A scaled drawing of the proposed sign or sign revision, including size, height, copy, structural footing details, method of attachment and illumination.
(e) A scaled site plan, indicating the location of the sign relative to property lines, rights-of-way, streets, sidewalks, and other buildings or structures on the premises.
(f) The number, size, type and location of all existing signs on the same building, lot or premises.
(2) Fee Schedule. Fees for sign permits are as provided by MMC 16.04.045, Table 1-A. (Ord. 3195 § 3 (Exh. A), 2021).
(1) Inspections are required for all signs requiring a permit. The building division shall be contacted for inspections at the following points of the project:
(a) Prior to pouring footings for freestanding signs. The applicant will be required to provide enough field information for the inspector to determine that the proposed sign complies with applicable setback provisions.
(b) Foundation, anchorage, attachments and other structural support of the sign, sign structure and awning.
(c) Electrical connections of the sign, sign lighting or awning lighting. No person may make connections of a sign, sign lighting or awning lighting to a power source until all electrical components and connections have been approved.
(d) Final sign installation to determine compliance with the approved plans.
(2) Special inspections may be required for complex signs as specified by the licensed design professional or the building official. Notice will be given to the applicant as part of the permit review process when a special inspection is required. (Ord. 3195 § 3 (Exh. A), 2021).
The construction, erection, safety and maintenance of all signs shall comply with MMC Title 16 and the following:
(1) Signs shall be structurally sound and located so as to pose no reasonable threat to pedestrian or vehicular traffic.
(2) All permanent freestanding signs shall have self-supporting structures erected on, or permanently attached to, concrete foundations.
(3) Signs should not be in locations that obscure architectural features such as pilasters, arches, windows, cornices, etc.
(4) Signs should not be in locations that interfere with safe vehicular and pedestrian circulation or public safety signals and signs.
(5) No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window, or door opening used as a means of egress. (Ord. 3195 § 3 (Exh. A), 2021).
The following signs are prohibited in the city and are subject to the specific prohibitions, requirements, and exceptions set forth below for each type of sign:
(1) Billboards. Billboards shall be removed subject to the amortization schedule outlined in MMC 22C.160.280.
(2) Animated signs. No sign shall be animated, revolve or rotate either mechanically or by illumination, except for the movement of the hands of a clock, permitted electronic message signs, and barber poles.
(3) Roof signs.
(4) Internally illuminated cabinet or box signs. Sign face is illuminated through translucent casing. This prohibition includes internally illuminated changeable copy signs.
(5) Hazardous signs. A sign is hazardous if it creates a safety hazard for pedestrians or motorists, as determined by the police chief or city engineer.
(6) Signs located in or on public right-of-way. No signs shall be located upon or projecting over public streets, or sidewalks except as provided for projecting wall signs in MMC 22C.160.210. Temporary signs may be located in the right-of-way when they conform to the requirements of MMC 22C.160.260.
(7) Temporary signs. Temporary signs not meeting the requirements of MMC 22C.160.260 are prohibited. This prohibition includes, but is not limited to, portable readerboards, signs on vehicles or trailers, banners and sandwich or A-boards; provided, that sandwich or A-board signs may in certain circumstances be specifically allowed as set forth in this chapter. Temporary signs must conform to the requirements of this section unless specifically exempted.
(8) Signs on utility poles and trees. Signs on utility, street light and traffic control standards or poles and trees are prohibited, except for those of the utility or government.
(9) Signs not meeting the requirements of this chapter or that are legally nonconforming. The following signs are unlawful and prohibited:
(a) Signs which were lawful under prior sign codes, but which are not lawful under this chapter.
(b) Signs that do not comply with the conditions of their permits.
(c) Signs erected, altered or relocated without a permit and not in compliance with this chapter.
(d) Signs which were lawful under prior sign codes, but which have been altered or relocated so that the sign is not in compliance with this chapter.
(e) Signs that identify and advertise activities, products, businesses, or services which have been discontinued, terminated or closed for more than 60 days on the premises upon which the signs are located.
(10) Streamers, pennants, and banners. Displays of banners, festoons, flags, posters, pennants, ribbons, streamers, strings of lights, chasing strobe or scintillating lights, flares, balloons, bubble machines and similar devices are prohibited when the same are visible from any off-site location, including but not limited to any public right-of-way, except on a limited basis as provided in MMC 22C.160.260(1)(k). Where such signs or devices are not visible from off site, this prohibition does not apply.
(11) Traffic-like signs. Signs which by reason of their size, location, movement, content, coloring or manner of illumination may be confused with a traffic control sign, signal, or device, or the light of an emergency vehicle, or which obstruct the visibility of any traffic or street sign or signal, are prohibited.
(12) Obscene signs. Signs which bear or contain statements, words or pictures which are obscene under the prevailing statutes or applicable state and federal court decisions are prohibited. (Ord. 3296 § 3 (Exh. C), 2023; Ord. 3195 § 3 (Exh. A), 2021).
The following signs are exempted from obtaining a sign permit, but must comply with all other requirements of this chapter and with the specific requirements set forth below for each type of sign:
(1) A change in the face of the sign or advertising copy of an existing, legally permitted sign.
(2) Temporary signs meeting the requirements of MMC 22C.160.260.
(3) Nonelectric signs not exceeding eight square feet per face, which are limited in content to the name of occupant and address of the premises in a residential zone.
(4) Instructional signs located on private property, not exceeding eight square feet per sign; provided, that foundation, anchorage, attachments and other structural support of the sign and electrical connection require construction permits.
(5) Menu signs located on private property. Foundation, anchorage, attachments and other structural support of the sign and electrical connection require construction permits.
(6) Sculptures, fountains, benches, lighting, seasonal decorations, mosaics, murals, landscaping and other street furniture and design features, which do not incorporate advertising or identification.
(7) Signs not visible from public way. Exterior and interior signs or displays not intended to be visible from streets or public ways, signs in the interior of a building more than three feet from the closest window and not facing a window, window displays and point of purchase advertising displays such as vending machines.
(8) Traffic or other municipal signs, signs required by law or emergency services, railroad crossing signs, legal notices, and any temporary signs specifically authorized by the city council or authorized under policies and procedures adopted by the city council.
(9) Signs of public utility companies indicating danger or which serve as an aid to public safety or which show the location of underground facilities or of public telephones.
(10) Memorial signs or tablets, names of buildings, stained glass windows and dates of erection when cut into the surface of the facade of the building or when projecting not more than two inches.
(11) Incidental signs, including, but not limited to, “no trespassing,” “no dumping,” “no parking,” “private,” signs identifying essential public needs (i.e., restrooms, entrance, exit, telephone, etc.) and other information warning signs, which shall not exceed three square feet in surface area.
(12) Flush-mounted wall signs which are used to identify the name and address of the occupant for each dwelling, provided the sign does not exceed two square feet in sign area.
(13) Gateway entrance signs. Gateway entrance signs that comply with the city of Marysville gateway master plan. Foundation, anchorage, attachments and other structure support of the sign and electrical connection require building permits.
(14) Public way finding, directional, and interpretive signs. Foundation, anchorage, and other structure support of the sign and electrical connection require building permits. (Ord. 3296 § 4 (Exh. D), 2023; Ord. 3195 § 3 (Exh. A), 2021).
All signs shall be located on premises; provided, that temporary off-premises signs shall be allowed subject to the provisions set forth in MMC 22C.160.260. In addition, property owners may apply for an off-premises freestanding sign with a contiguous property abutting a public street, subject to the following criteria:
(1) The allowable off-premises freestanding sign area shall be determined by measuring the street frontage of the property abutting the public street, as provided in MMC 22C.160.140(5).
(2) Off-premises freestanding signage shall comply with all applicable development standards set forth in this chapter.
(3) Applicants may apply for a bonus allowance, subject to the criteria set forth in MMC 22C.160.290. (Ord. 3195 § 3 (Exh. A), 2021).
Signs shall be maintained in the same condition as when the sign was installed. Normal wear and tear of aged signs shall be repaired when they detract from the visible quality of the sign, as determined by the community development director. When signs are repaired, they must do so in a manner (paint colors shall match, etc.) that is consistent with the approved sign permit. When signs are removed, the wall behind the sign shall be repaired and painted to match the rest of the building wall. The premises surrounding a freestanding sign shall be free of litter, and any landscaped area shall be maintained.
Those signs found to be deteriorated or unsafe shall be repaired or removed by the owner within 10 days after receiving notice from the community development director or designee. (Ord. 3195 § 3 (Exh. A), 2021).
Abandoned signs shall be removed by the property owner or lessee within 60 days after the business or service advertised by the sign is no longer conducted on the premises. If the property owner or lessee fails to remove it, the community development director, or designee, shall give the owner 10 days’ written notice to remove it. Upon failure to comply with this notice, the city of Marysville may remove the sign at the cost of the owner of the premises. The foundations and posts of a sign, with all advertising copy removed, may remain on the premises for up to three years with the owner’s written consent, on the condition that the same must be continuously maintained pursuant to MMC 22C.160.100. (Ord. 3195 § 3 (Exh. A), 2021).
In general, all signs are subject to sign regulations outlined in this chapter. When the regulations of a subarea master plan or special overlay district conflict with this chapter, unless specifically indicated otherwise, the regulations of the subarea master plan or special overlay district supersede the regulations of this chapter. (Ord. 3195 § 3 (Exh. A), 2021).
The following standards apply to all illuminated signs:
(1) Sign illumination shall not interfere with the use and enjoyment of adjacent properties, create a public nuisance, or create public safety hazards. Exterior light sources shall be shielded from view and directed to illuminate only the sign face.
(2) No sign shall have blinking, flashing, moving or fluttering lights or other illuminating devices that have a changing light intensity, brightness or color.
(3) Illuminated signs shall not create a hazardous glare for pedestrians or vehicles either in a public street or on any private premises and shall not project towards the sky.
(4) The light from an illuminated sign shall not be of an intensity or brightness or directed in a manner that will create a negative impact on residential properties in direct line of sight to the sign.
(5) Colored light shall not be used at a location or in a manner so as to be confused or construed as a traffic control device.
(6) Reflective-type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right-of-way or adjacent property.
(7) Light sources shall utilize energy efficient fixtures to the greatest extent possible.
(8) Each illuminated sign shall be subject to a 30-day review period, during which time the community development director or designee may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the community development director or designee may order the dimming of any illumination found to be excessively bright. The community development director’s determination will be made without regard to the message content of the sign. (Ord. 3195 § 3 (Exh. A), 2021).
(1) Determining Sign Area and Dimensions.
(a) For a wall sign which is framed, outlined, painted or otherwise prepared and intended solely to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame.
(b) For a wall sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not a part of the architecture of the building. When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different elements. Minor appendages to a particular regular shape, as determined by the community development director, shall not be included in the total area of a sign.
Figure 1: Wall Sign Area – Examples of Area Calculations

Measuring the examples using multiple geometric shapes

This illustrates the areas to be included within
the calculation of a sign area.
(c) For a freestanding sign, the sign area shall include the frame, if any, but shall not include:
(i) A pole or other structural support unless such pole or structural support is internally illuminated or otherwise designed so as to constitute a display device, or a part of a display device.
(ii) Architectural features that are either part of the building or part of a freestanding structure, and not an integral part of the sign, such as landscaping and building or structural forms complementing the site in general.
Figure 2: Freestanding Sign Area – Examples of Area Calculations

The dashed line indicates the sign area
(d) When two identical sign faces are placed back-to-back so that both faces cannot be viewed from any point at the same time and are part of the same sign structure, the sign area shall be computed as the measurement of one of the two faces.
(2) Determining Sign Height.
(a) The height of a freestanding sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground to the highest point of the sign. A freestanding sign on a manmade base, including a graded earth mound, shall be measured from the grade of the nearest pavement or top of any pavement curb.
(b) Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.

The height of a sign is measured from the grade of the street level where the sign is viewed; not from the top of the mound
(3) Determining Building Frontages and Frontage Lengths.
(a) Building Unit. The building unit is equivalent to the tenant space. The primary frontage of the tenant space on the first floor shall be the basis for determining the permissible sign area for wall signs.
(b) Primary and Secondary Frontage.
(i) Primary Frontage. Primary frontage shall be considered the portion of any frontage containing the primary public entrance(s) to the building or building units.
(ii) Secondary Frontage. Secondary frontage shall include those frontages containing secondary public entrances to the building or building units and all building walls facing a public street, primary parking area, or drive aisle that are not designated as the primary building frontage by subsection (3)(b)(i) of this section.
(4) Building Frontage.
(a) The primary or secondary frontage shall be all walls parallel, or nearly parallel, to such frontage, excluding any such wall determined by the community development director to be clearly unrelated to the frontage criteria.
(b) The frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.
(5) Determining Street Frontage.
(a) Street frontage shall be determined by measuring the lineal feet of property abutting the public street from which a property obtains primary access.
(b) For developments located along more than one public street, the street frontage shall be determined by measuring the lineal feet of property abutting all public streets.
(c) Alley frontage shall not be included in determining street frontage.
(d) Properties abutting Interstate 5, and not abutting a public street, shall have the street frontage determined by measuring the lineal feet of property abutting Interstate 5. (Ord. 3195 § 3 (Exh. A), 2021).
In addition to all other provisions of this chapter, the following development standards apply in residential zones and on residentially developed properties, including residentially zoned and residentially developed properties within the downtown master plan area:
(1) The total combined area of all nonexempt signs, except temporary signs, on any lot in a residential zone shall not exceed nine square feet, except as provided in subsections (7) through (10) of this section.
(2) All dwelling units in residential districts shall display house numbers readable from the street.
(3) Illumination from or upon signs shall be shaded, shielded, directed or reduced so that the light intensity or brightness does not affect the enjoyment of residential property in the vicinity in any substantial way.
(4) Freestanding pole, or pylon, signs are prohibited.
(5) Roof signs are prohibited.
(6) No portion of a sign shall be in, or project over, a public right-of-way, and the minimum setback shall be five feet from all property lines unless attached to a fence. Signs shall not create a sight distance obstruction or any other safety hazard, and if attached to a fence shall not extend higher than the fence.
(7) Each entrance to a subdivision or multifamily development may have a monument sign up to 32 square feet in area, per face, or two single-faced signs of not more than 16 square feet each. These signs shall be located outside the public right-of-way so as not to create a visual obstruction for motorists or pedestrians. The height of such signs shall not exceed six feet.
(8) Existing recreation/cultural land uses (i.e., park, community center, library, church, etc.) and education services (i.e., public and private schools), not reviewed through the conditional use provisions outlined in subsection (10) of this section, may have one monument sign per street frontage up to 32 square feet in area, per face. The height of such signs shall not exceed six feet and shall comply with the development standards outlined in MMC 22C.160.170. In addition, a maximum of 32 square feet of permanent wall signage shall be allowed on the primary and secondary building frontage(s). Wall signs shall comply with the development standards outlined in MMC 22C.160.160.
(9) Home occupation, day care and adult family home signs shall not exceed three square feet and shall be wall signs, monument signs or mounted to a fence. Signs mounted to a fence shall comply with the provisions outlined in subsection (6) of this section.
(10) Signs for conditional uses permitted in residential zones shall be approved as part of the applicable conditional use permit and shall not be otherwise restricted by the provisions of this section.
(11) Temporary signs are permitted in compliance with MMC 22C.160.260. (Ord. 3296 § 5 (Exh. E), 2023; Ord. 3195 § 3 (Exh. A), 2021).
(1) The basic allowance for wall signs shall be limited to one and one-half square feet of sign area for each lineal foot of primary building frontage for illuminated signs, or two square feet of sign area for each lineal foot of primary building frontage for nonilluminated signs.
(2) Each tenant is allowed a minimum sign area of 32 square feet.
(3) Each tenant may have multiple wall signs placed on the primary or secondary building frontage(s), so long as the total wall signage does not exceed the allowances outlined in subsection (1) of this section.
(4) The community development director may allow wall signage to be placed on wall(s) which do not qualify as primary or secondary frontages, subject to the following criteria:
(a) It must be demonstrated that the wall signage would be visible from a public right-of-way;
(b) The wall signage must be comprised of individual letters;
(c) The letter and logo height shall not exceed 24 inches;
(d) Signs shall be nonilluminated;
(e) The wall signage shall comply with the design standards outlined in subsections (5) through (8) of this section;
(f) In multiuse complexes, said signs shall be mounted so that each tenant’s wall sign will be located at the same level (height above grade) as other tenants’ signs;
(g) The total wall signage for all frontage(s) shall not exceed the allowances outlined in subsection (1) of this section.
(5) The wall signage shall not exceed two-thirds of the overall frontage for the building or tenant(s) frontage, as applicable.
(6) The wall signage shall not encroach within three feet from the edge of the building or tenant(s) frontage, as applicable.
(7) Wall signs shall not extend above the building parapet, soffit, eave line, or roof of the building.
(8) The color, shape, material, lettering and other architectural details shall be harmonious with the character of the primary structure. No angle irons, guy wires, or braces shall be visible except those that are an integral part of the overall design. (Ord. 3195 § 3 (Exh. A), 2021).
(1) The basic allowance for freestanding signs shall be limited to one square foot of sign area for each lineal foot of street frontage not to exceed 200 square feet of sign area per street frontage and 75 square feet per sign face.
(2) The maximum height of freestanding signs is outlined in Table 1; provided, that monument signs shall not exceed 12 feet in height. Additionally, when the regulations of a subarea, master plan or special overlay district conflict, unless specifically indicated otherwise, the regulations of the subarea, master plan or special overlay district shall supersede the height requirements outlined in Table 1.
Zoning District | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
NB | CB | CB-WR | GC | DC | DTC | MS | FLEX | MU | LI | GI | REC | P/I |
4 feet | 25 feet | 12 feet | 25 feet | 6 feet | 12 feet | 6 feet | 6 feet | 12 feet | 25 feet | 25 feet | 4 feet | 15 feet |
(3) No portion of a freestanding sign shall be in, or project over, a public right-of-way, and the minimum setback shall be five feet, subject to sight distance review at intersections and driveways.
(4) Single-occupancy complexes are allowed one freestanding sign per street frontage.
(5) Multi-occupancy complexes are allowed one freestanding sign per access driveway for the complex. However, multi-occupancy complexes with only one access driveway shall be allowed one additional freestanding sign, as long as the freestanding sign advertises a different business or businesses located on site and can be spaced at least 150 feet apart.
(6) All pole, or pylon, sign supports shall be enclosed or concealed in accordance with the design criteria outlined in subsection (11) of this section.

(7) Pole, or pylon, signs are prohibited in the NB, CB-WR, DC, DTC, MS, Flex, MU and REC zones.
(8) Pole, or pylon, signs are prohibited in the commercial and industrial zones located along the 51st Avenue NE, Grove Street, 88th Street NE (including CB-zoned properties located north and south of 88th Street NE on 36th Avenue NE), 116th Street NE, 152nd Street NE, 156th Street NE, and 160th Street NE corridors, and for properties located north of 152nd Street NE and east of Smokey Point Boulevard; provided, that properties that have direct frontage on Smokey Point Boulevard may have pole, or pylon, signs on their Smokey Point Boulevard frontage.
(9) Pole, or pylon, signs are prohibited on CB-zoned properties located adjacent to 64th Street NE (SR 528) and 84th Street NE from approximately 83rd Avenue NE to SR 9.
(10) Pole, or pylon, signs are prohibited within the boundary of the downtown master plan.
(11) Design and Materials.
(a) The base of a freestanding sign and all pole or pylon sign supports shall be constructed of durable high-quality materials such as stone, brick, textured concrete, decorative steel, or other quality materials and a design that relates to and/or complements the design of on-site buildings and/or is coordinated with other site design elements. This limitation does not apply to structural elements that are an integral part of the overall design such as decorative metal or wood.
(b) Freestanding signs must integrate a top, middle, and bottom element. The top could include a distinctive sign cap and/or include the name of a multitenant center. The middle can include a consistent framing technique for an individual sign or multiple signs in a multitenant center. The bottom could include a distinctive base design with special materials and/or design.
(c) The architecture and composition of a freestanding sign structure must provide visual interest and detail for both pedestrians and motorists at both automotive and pedestrian-scale speed and perception.
(d) The color, shape, material, lettering and other architectural details of freestanding signs shall be harmonious with the character of the primary structure.
(e) No angle irons, guy wires or braces shall be visible except those that are an integral part of the overall design.
(f) One square foot of landscaping is required per one square foot of sign face. Landscaping shall include a decorative combination of ground cover and shrubs to provide seasonal interest in the area surrounding the sign. Landscaping shall be well maintained at all times of the year. The director may reduce the landscaping requirement where the signage incorporates stone, brick, or other decorative materials.
(g) Departures from this subsection (11) will be considered by the director, provided the design complies with other standards herein and integrates a distinctive, high-quality design that contributes to the visual character of the area. (Ord. 3296 § 6 (Exh. F), 2023; Ord. 3244 § 6 (Exh. F), 2022; Ord. 3195 § 3 (Exh. A), 2021).
(1) Changeable copy by nonelectronic means may be utilized on any permitted nontemporary sign.
(2) Animated signs are prohibited.
(3) One electronic message or changeable copy sign is permitted per street frontage for single-occupancy complexes. Multi-occupancy complexes with only one access driveway shall be allowed one additional electronic message or changeable copy sign, as long as the signs are spaced at least 150 feet apart.

(4) Electronic message signs are permitted; provided, that the copy does not change more than once every 20 seconds.
(5) Electronic message and changeable copy signs shall not exceed 30 percent of the sign area.
(6) All electronic message and changeable copy signs shall be constructed as an integral part of a permanent sign constructed on site. “Integral” shall be considered to mean that the electronic message or changeable copy is incorporated into the framework and architectural design of the permanent sign.
(7) All electronic message signs are required to have automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night. (Ord. 3195 § 3 (Exh. A), 2021).
(1) Instructional or directional signs shall be permitted in addition to all other signs, when they are of such size and location as to satisfy the intended instructional purpose and, based on their size, location, and intended purpose, will not constitute additional advertising.
(2) Instructional signs shall not exceed six square feet per sign and may include the name of the business and logos.

(Ord. 3195 § 3 (Exh. A), 2021).
Window signs are signs which are applied directly to a window, or mounted or suspended directly behind a window. Window sign standards:
(1) Where permitted: first floor windows of commercial uses with a dedicated ground floor entrance.
(2) Maximum sign area: no more than 25 percent of storefront window.
(3) Maximum letter height: The letter height of each window sign shall not exceed 12 inches.
(4) Illumination: exposed neon tube illumination only.

(Ord. 3195 § 3 (Exh. A), 2021).
Projecting signs are permitted, in addition to the allowances for wall signs, when they comply with the following conditions:
(1) Where permitted: commercial uses adjacent to and facing a street.
(2) Orientation: Projecting signs may be either vertically or horizontally oriented.
(3) Projection.
(a) Horizontally oriented signs: not more than eight feet.
(b) Vertically oriented or square signs: not more than three feet.
(c) Signs may project over the sidewalk abutting the buildings, but must not extend over the curb into a parking or travel lane, or conflict with required turning radii.
(4) Height.
(a) Horizontally oriented signs: not more than three feet.
(b) Vertically oriented signs: must not extend above the building parapet, soffit, the eave line or the roof of the building
(5) Minimum vertical clearance over sidewalk: eight feet.
Dimensional standards for horizontal (left) and vertically oriented (right) projecting signs.
(Ord. 3195 § 3 (Exh. A), 2021).
Marquee/awning signs are a type of building-mounted sign that is either attached to, affixed to, or painted on a marquee, awning, or canopy. Marquee/awning signs are subject to the following standards:
(1) Sign Form and Size.
(a) Signs consisting of individual letters placed on the outside edge of the marquee or above the marquee are limited to 200 percent of the height of the vertical dimension of the marquee. For example, if the vertical dimension of the marquee is 12 inches, the letters may be up to 24 inches high. Such signs are limited to two-thirds of the individual marquee width dimension, or no more than 20 feet, whichever is less.
(b) Sign boards may be placed on the vertical edge of a canopy provided the height of the sign board is no more than 200 percent of the height of the vertical dimension of the marquee. For example, if the vertical dimension of the marquee is 12 inches, the sign board may be up to 24 inches high. Such signs are limited to two-thirds of individual marquee width dimension or no more than 20 feet, whichever is less.
(c) Signs placed on the vertical edge of awnings are limited to 80 percent of the height of the vertical edge of the awning. Where signs are placed on the sloping portion of the awning, they must be sized proportionally to the architectural features of the building and are limited to two feet in height. The width of awning signs is limited to two-thirds of the individual awning width dimension, or no more than 20 feet, whichever is less.
Marquee and awning sign examples & standards. 
(Ord. 3195 § 3 (Exh. A), 2021).
Under-canopy signs are a type of building-mounted sign attached to the underside of an awning, canopy, balcony or arcade, and placed perpendicular to the storefronts and thus oriented to pedestrians on the sidewalk or an internal pathway. Under-canopy sign standards:
(1) Projection. Under-canopy signs shall have a one-foot minimum setback between both the sign and the outer edge of the awning, canopy, balcony or arcade, and between the sign and the building facade.
(2) Minimum vertical clearance over sidewalk: eight feet.
(3) Dimensions: shall not exceed two feet in height.
Under-canopy standards and example
(Ord. 3195 § 3 (Exh. A), 2021).
Building identification wall signs are signs located on and parallel to a building wall that announce the name of a building. Building identification wall sign standards:
(1) When permitted: commercial or multifamily residential uses with a dedicated ground floor entrance.
(2) Where permitted: only located on the frieze, cornice, or fascia area of storefront level; frieze, cornice, fascia, parapet of the uppermost floor; or above the entrance to the main building lobby.
(3) Number permitted: Only one building identification wall sign shall be permitted per building per street-facing facade.
(4) Sign area exemption: The area of building identification wall signs shall not count towards the total wall sign area allotment outlined in MMC 22C.160.160.
(5) Maximum sign height: no taller than 24 inches in height.
(6) Maximum projection: no more than one foot from the facade of the building.
(7) Illumination: external illumination or halo illumination only. (Ord. 3195 § 3 (Exh. A), 2021).
(1) Signage shall be an integral design element of a project and compatible with the exterior architecture with regard to location, scale, color and lettering.
(2) Sign colors and materials shall match those of the building or the “corporate colors.” Opaque or muted sign backgrounds are encouraged.
(3) No commercial signage shall occupy the pump island area. All instructional signs shall be architecturally integrated.
(4) Gasoline price signs shall be architecturally integrated with other signs or structures. (Ord. 3195 § 3 (Exh. A), 2021).
(1) No review is required for temporary signs, except for temporary signs requiring a temporary sign permit. All temporary signs shall conform to the following requirements:
(a) No temporary sign may be placed in a required parking space, driveway, or sight-distance triangle, pursuant to MMC 22C.010.240 and 22C.020.210.
(b) No temporary sign may be placed on city-owned property unless in conjunction with an approved special event permit, temporary sign permit, or other permission from the city.
(c) No temporary sign may be located upon or projecting over public streets, sidewalks, pedestrian paths, or bike paths except those of an official nature that are placed by a government agency for public safety purposes.
(d) No temporary sign may be placed in a traffic circle, roundabout, or median or in any storm water facility.
(e) Temporary general advertising signs are permitted only on the premises where the business, commodity, or activity being advertised is sold, offered, or conducted.
(f) Temporary signs in the city right-of-way placed outside the roadway shall comply with the following requirements:
(i) Location. Allowed only between the property line and the back of the nearest curb, or where no curb exists, between the property line and the nearest edge of the pavement. Signs may not be placed on sidewalks, driveways, or other paved areas designed for pedestrians or vehicular use.
(ii) Permission of the abutting landowner is required. The person, organization, or business placing the sign shall provide proof of the abutting landowner’s permission. If the person, organization, or business does not provide such proof in a form acceptable to the city, the sign may be removed from the right-of-way by the adjacent property owner or by the city.
(iii) Signs on stakes that can be manually pushed or hammered into the ground are allowed. All other signs are prohibited, unless specifically allowed by a right-of-way use permit.
(iv) Signs are limited to eight square feet total and six feet in height, from the ground to the top of the sign.
(v) Any temporary sign in the right-of-way that is dilapidated or a nuisance shall be removed by the person responsible for placement of the sign.
(vi) The city may allow other signs in a city right-of-way with approval of a right-of-way use permit.
(g) Residential Zones. Temporary signs may be placed on residentially zoned properties in accordance with the requirements of this section and the following:
(i) One temporary window sign per residential unit not to exceed eight square feet is allowed.
(ii) Freestanding signs, including post-mounted, stake, and portable signs are limited to eight square feet in size and six feet in height if the temporary sign is mounted in the ground, and not to exceed three feet in height if the sign is stake-mounted or portable.
(h) Nonresidential Zones. Temporary signs are allowed in nonresidential zones in accordance with the requirements of this section and the following:
(i) Window signs are limited to 25 percent of the window area.
(ii) Freestanding signs, including post-mounted, stake and portable signs are limited to eight square feet and six feet in height if the temporary sign is mounted in the ground, and not to exceed three feet in height if the temporary sign is stake-mounted or portable.
(iii) Surface-mounted signs are limited to 32 square feet and must be flatly affixed to walls or to on-site fences either facing the abutting street, or facing inward to the subject site.
(i) Temporary signs on large properties, either residential or nonresidential zones, of more than two acres may be of any type, and shall not exceed 32 square feet and up to eight feet above ground level. Such a sign allowed herein is in lieu of and shall not be displayed with or be in addition to any other temporary signs allowed by this section.
(j) The size of a temporary sign located in residential and nonresidential zones may be increased, subject to the director approving a temporary sign permit. In no case shall a temporary sign exceed 32 square feet.
(k) A temporary sign shall be promptly removed after the event for which it is intended by the person or organization that placed it. Ten days after the conclusion of the event the temporary sign relates to, the city may remove the sign from the right-of-way.
(l) Displays of banners, festoons, flags, posters, pennants, ribbons, streamers, strings of lights, balloons, and similar devices on a temporary sign are permitted for up to 30 consecutive days during a calendar year.
(2) Violations.
(a) Placing a temporary sign on private or public property without the permission of the landowner or placing a sign in the right-of-way without the permission of the abutting landowner is a violation under Chapter 4.02 MMC. When a sign identifies a person, organization, or business, there is a rebuttable prima facie presumption that the person, organization, or business placed the sign and committed the civil infraction.
(b) If the square footage of temporary signs placed on a parcel exceeds the limits permitted by this section, the owner of record will reduce the square footage to within the limits allowed by this section within three business days of being notified by the city. Notice mailed by the city is deemed effective three business days after being placed in the mail with sufficient postage. Failure to conform to the square footage limits within these timeframes is a violation under Chapter 4.02 MMC. Alternatively, a property owner may apply for a permit as a permanent sign.
(c) Any temporary sign that obstructs or impairs sight distance or access to a public sidewalk, public or private street or driveway, traffic control sign, bus stop, fire hydrant, structure, parked cars, bench or any type of street furniture, or otherwise creates a hazard is prohibited and may be removed by the city. Any temporary sign that mimics or is attached to a traffic control sign may be removed by the city. Any person who replaces a sign after notice that it was removed for any of these reasons or who refuses to remove a sign after notice that it violates this section commits a violation under Chapter 4.02 MMC.
(3) The city may remove any temporary sign within the right-of-way that violates any provision of this section. (Ord. 3296 § 7 (Exh. G), 2023; Ord. 3195 § 3 (Exh. A), 2021).
(1) All existing signs in the city that were legally permitted and are not in compliance with the requirements of this chapter upon the effective date of the ordinance codified in this chapter are considered nonconforming signs. Nonconforming signs shall be made to conform with the requirements of this chapter under the following circumstances:
(a) When any new sign for which a sign permit is required by this chapter is proposed to be installed on a business site where a nonconforming sign or signs are located, one nonconforming sign of similar type as the proposed sign shall be removed or brought into conformance with this chapter for each new sign installed on a business site. For example, one existing nonconforming freestanding sign would need to be removed or brought into conformance for each new freestanding sign installed on a business site. A business site shall be considered both single-tenant and multi-tenant complexes. In no case shall an applicant be permitted signage that exceeds the maximum signage allowed in this chapter.
(b) A sign is relocated, altered, replaced, or changed in any way, including the sign structure or conversion of fixed copy to an electronic message center. This provision does not include a change in the face of the sign or advertising copy, or the conversion of the manual display of gas prices to an electronic, static display of gas prices.
(c) A sign requires repairs beyond normal maintenance.
(d) Whenever the occupancy classification of a building is changed that results in an intensification of land use, as determined by the community development director.
(2) Normal maintenance such as cleaning, painting, light bulb replacement, or repair of broken placards, without any change in copy, is allowed so long as the repairs do not modify the sign structure or copy, or in any way structurally alter the sign. “Normal maintenance” does not include any of the items contained in subsection (1) of this section.
(3) All temporary and special events signs that do not conform to the requirements of MMC 22C.160.260 shall be removed within six months of the effective date of the ordinance codified in this chapter or, if located within an area being annexed to the city, within six months of the effective date of annexation, whichever is later. (Ord. 3195 § 3 (Exh. A), 2021).
(1) Compliance. Any legal nonconforming billboard sign located within the corporate limits of the city shall be discontinued and removed from the property pursuant to this section no later than three years from the date of adoption by ordinance.
(2) Notice. The city will provide written notice of the expiration of the amortization period, as noted in subsection (1) of this section, to the person, resident, or business responsible for such sign(s) at the last known address and to the owner of the property on which the sign is located. The city will utilize the tax assessor’s office to find the latest updated address for the property owner(s) in question. Such notice will be provided by mail, postmarked no later than nine months prior to expiration of the amortization period.
(3) Request for Consideration/Extension. The city has established the time period stated in subsection (1) of this section with the understanding that these time periods provide a reasonable time to recover the life expectancy of most signs. However, the city recognizes that there can be special or unusual circumstances that may fall outside of those parameters.
(a) Any person aggrieved by the imposition of the amortization clause may request review of the clause. The request for review shall be filed with the city not later than six months prior to the expiration of the amortization period. The review shall be heard by the hearing examiner. A fee will be charged based on the processing costs as provided in Chapter 22G.030 MMC.
(b) The aggrieved applicant has the burden of establishing the unreasonableness of the amortization period and must provide substantial evidence showing that the amortization period is unreasonable.
(c) The hearing examiner shall consider such things as lease obligations, remaining period of life expectancy of the nonconformance, depreciation, and the actual amount invested in the nonconforming sign.
(d) The hearing examiner shall consider the preservation and improvement of the city’s physical environment, natural amenities, and desirable characteristics of the city as asserted in the purpose of the city’s land use regulations as well as the goals and policies adopted in the city’s comprehensive plan. The hearing examiner may consider any combination of these legitimate public concerns.
(e) The hearing examiner shall conduct a balancing of interest, considering the interest and hardship as to the applicant, and whether the hardship to the applicant reasonably overbalances the benefit that the public would derive from the termination of the nonconformance. If, after careful consideration, the hearing examiner determines that the amortization period, as applied to the applicant’s nonconformance, would result in a greater hardship to the applicant than benefit to the public, the hearing examiner may extend the amortization period to a point in time when the balancing of interest would support the termination of the nonconformance. In no event should this amortization period be greater than three additional years.
(4) Annexations. Any legal nonconforming billboard on property annexed into the city at a later date shall be discontinued and removed within three years of the annexation or according to the annexation agreement established at the time of annexation. A three-year time extension may be approved by the hearing examiner, subject to the provisions contained in subsection (3) of this section. (Ord. 3195 § 3 (Exh. A), 2021).
(1) Purpose. A maximum 50 percent sign area bonus and a maximum 25 percent height bonus shall be allowed under any of the following circumstances:
(a) There are exceptional circumstances or conditions, such as location of existing structures, lot configuration, topographic or unique physical features, that apply to the subject property which prohibit sign visibility.
(b) New developments greater than 10 acres in size that wish to consolidate the allowable signage. A minimum of two signs will be required to be consolidated for a bonus consideration.
(c) Contiguous or multi-tenant properties sharing the same street frontage that wish to consolidate allowable signage. A minimum of two signs will be required to be consolidated for a bonus consideration.
(2) Procedures. A request for a bonus allowance may be granted by the community development director subject to the approval criteria outlined in subsection (3) of this section. Appeal or request for reconsideration of the director’s decision shall be made to the hearing examiner as an open record hearing in accordance with Chapter 22G.010 MMC, Article VIII, Appeals.
(3) Approval Criteria. A bonus will be approved if the community development director finds that the criteria below are met:
(a) The adjustment will not significantly increase or lead to street-level sign clutter, to signs adversely dominating the visual image of the area, or to a sign that will be inconsistent with the objectives of a subarea master plan or special overlay district.
(b) The adjustment will not create a traffic or safety hazard.
(c) The adjustment will allow a unique sign of exceptional design or style that will:
(i) Achieve a positive and tasteful image;
(ii) Have good legibility;
(iii) Exhibit technical competence and quality in design, construction, and durability, and have standard details uncluttered by wires, angles, or other elements that detract from the appearance;
(iv) Relate to architectural features rather than obscure or disregard building planes;
(v) Present a harmonious relationship to other graphics and street furniture in the vicinity;
(vi) Be of a size that is in scale with the setting, building, or structure where located; and
(vii) Avoid glare.
(4) Application Requirements. An applicant requesting a bonus allowance under the provisions of this chapter shall submit the following:
(a) A letter in memorandum form outlining how the request is consistent with the criteria of this subsection.
(b) A site plan that is accurately drawn to an engineered scale that includes the following information:
(i) Boundaries and dimensions of the site;
(ii) Location of buildings, parking areas and adjacent streets;
(iii) Graphic representations of all existing signs including their size, height and placement on the site;
(iv) Graphic representation of the proposed sign(s) subject to the request; and
(v) Building elevation showing the placement of the sign on that elevation, if applicable.
(5) Timing. The community development director or designee shall render a written decision on the requested bonus for outstanding design within 10 business days of submittal of all required elements and filing fee.
(6) Variance Required. Requests that exceed the 50 percent sign area bonus and 25 percent height bonus, those that do not comply with the purpose outlined in subsection (1) of this section, or those not related to allowable sign height or sign area shall be processed as a variance in accordance with MMC 22C.160.300. (Ord. 3195 § 3 (Exh. A), 2021).
Any person may apply for a variance from the requirements of this chapter. Sign variances shall be processed by the hearing examiner pursuant to the procedure set forth in Chapter 22G.060 MMC. Variance applications shall be processed pursuant to the review procedures outlined in Chapter 22G.010 MMC. A fee will be charged based on processing costs as provided for in Chapter 22G.030 MMC. In making any decision on a variance application, the permit authority must adopt findings of fact and conclusions based on those findings that address whether or not the application meets the following criteria for approval:
(1) The variance does not conflict with the purpose and intent of the sign regulations;
(2) The variance shall not constitute a grant of special privilege inconsistent with the limitation upon signage of other properties that have had to conform to the provisions of this chapter;
(3) There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that are not contemplated or provided for by this chapter;
(4) The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and
(5) The granting of such variance would not increase the number of signs allowed by this chapter or that would allow a type of sign that is prohibited by this chapter.
Conditions may be imposed upon the application as deemed necessary to ensure compatibility with this chapter. (Ord. 3195 § 3 (Exh. A), 2021).
Notwithstanding anything in this chapter to the contrary, noncommercial copy expressing a personal, political, or religious point of view may be substituted for commercial copy on any lawful sign structure. (Ord. 3195 § 3 (Exh. A), 2021).
This chapter provides standards so that mini-storage facilities uses can be appropriately sited in close proximity to residential zones. (Ord. 2852 § 10 (Exh. A), 2011).
Other uses on the site such as the rental of trucks or moving equipment must meet the use and development standards of the base zone, overlay zone, subarea or master plan. (Ord. 2852 § 10 (Exh. A), 2011).
Mini-storage facilities are permitted in the zones listed in MMC 22C.020.060 subject to the following conditions:
(1) The required setbacks are:
(a) Street setback: 15 feet;
(b) Interior setback: 10 feet.
(2) Parking and internal drives are prohibited in setback areas.
(3) The accesses are required to be gated and monitored at all times. (Ord. 2852 § 10 (Exh. A), 2011).
The following exterior design requirements apply to mini-storage facilities:
(1) Architectural Features. Architectural features are to be consistent with the character of the surrounding neighborhood. The following are minimum standards:
(a) Minimum roof pitch is 4:12 for buildings with less than three floors.
(b) Exterior vertical surfaces require 50 percent of the area to be materials such as decorative brick veneer, stone, stucco, textured block, and other materials which reflect residential design elements.
(c) Unique architectural features such as towers, turrets and pergolas are subject to the standards of this subsection. An applicant is required to demonstrate that the proposed architectural features are consistent with the neighborhood character.
(d) Access points, except for emergency access, may not be from a local access street; provided, that when a conditional use permit is required, the city may allow access from a local street if it determines traffic will not be disruptive to residential uses.
(e) Fencing is required to be low-maintenance material and articulation at intervals no greater than 20 feet. Chain-link fencing is not permitted.
(f) Display and floodlighting is required to be constructed, shielded and used so as not to directly illuminate, or create glare visible from, adjacent property or public right-of-way.
(g) A building or series of buildings parallel with and adjacent to residentially zoned or developed property or street frontage must have staggered setbacks for every 50 feet of lineal development. The setbacks shall be stepped back or projected forward at intervals to provide a minimum of 40 percent facade modulation. The minimum depth of modulation should be four feet, and the minimum width should be eight feet. There must be at least 10 feet of separation between buildings.
(h) Where allowed as a conditional use in the CB and GC zones, the following regulations shall apply:
(i) Outdoor storage of trucks, boats, recreational vehicles or other types of vehicles or equipment is permitted subject to the following standards:
(A) Outdoor storage areas are not visible from abutting properties or public right-of-way through the use of buildings, or other method of solid screening; and
(B) The area devoted to outdoor storage is less than 50 percent of the footprint of the storage building(s).
(ii) Buildings shall have a minimum height of three floors, except in the following circumstances:
(A) When there is more than one building, only buildings located within 50 feet of a public street shall have a height of three floors; or
(B) The city may allow less than three floors if the applicant proposes an architectural and landscape design quality that is superior to what is otherwise required by development standards and design guidelines applicable to a building containing three floors. To determine if the quality is superior, the scale and design of the building, exterior building materials and landscaping treatment proposed must be comparable to what would be required for a retail or office building. The city shall take into consideration compatibility of the proposed design with existing development, or the likely future development, of surrounding properties.
(2) Landscaping and Screening. The following landscaping and screening requirements apply to all mini-storage facilities:
(a) All setback areas shall be landscaped with a variety of trees, shrubs and ground cover plants consistent with L2 landscaping as defined under Chapter 22C.120 MMC, Landscaping and Screening.
(b) A solid wall, a screening fence or a combination of both achieving a perimeter screening to a minimum of six feet in height is required and shall be located so that a minimum of 75 percent of the landscaping area is outside the fence. (Ord. 3180 § 2 (Exh. A), 2021; Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter is to allow for residential accessory structures to be established which are incidental to the primary residential use of a single-family residence or middle housing residence, while ensuring compatibility with surrounding residential uses. The accessory structure must be clearly subordinate to the primary use. Accessory structures or uses may not be established until the principal structure is constructed on the property. (Ord. 3367 § 1 (Exh. A), 2025; Ord. 3351 § 5 (Exh. A), 2025).
In the zones in which a residential accessory structure is listed as a permitted use, the community development director or designee shall review all proposals for accessory structures. The following standards and regulations shall apply to all proposed accessory structures.
(1)
Front setback | See MMC 22C.010.080 for standard lots and MMC 22G.080.080 for PRD lots. |
Side setback | 5 feet |
Side street setback | 10 feet along nonarterials; 15 feet along arterials |
Rear yard setback 1, 2, 3 | 5 feet (one-story structure); 10 feet (when the entrance faces the rear yard or for two-story or greater structure in PRDs); 15 feet (two-story structure or when accessory structure entrance faces an alley with right-of-way less than 10 feet wide) 4 |
Building and impervious coverage | See MMC 22C.010.080 for standard lots or MMC 22G.080.080 for PRD lots |
Accessory structure footprint 5 | On lots under one acre, accessory structures are further limited to 80 percent of the footprint of the primary residence. 6 |
Height | 20 feet (lots under one acre) 6; or 30 feet (lots over one acre, or lots under one acre where the accessory structure contains an accessory dwelling unit) |
1 Accessory structures in planned residential developments are subject to the rear yard setbacks set forth in MMC 22G.080.080. 2 No more than 50 percent of the required rear setback area (i.e., back 20 feet of the lot) may be covered with accessory structures. 3 An accessory structure which is located in the rear setback area may be attached to the principal structure; provided, that no portion of the principal structure is located within the required yard setbacks for principal structures in the zone. 4 The increased alley setback applies to vehicle access points from garages, carports, fenced parking areas or other accessory structure. Exception: in the downtown neighborhood, the rear setbacks outlined in the table above may be reduced to two feet from the rear lot line; provided, that the alley right-of-way is a minimum of 20 feet in width. Where the alley right-of-way is less than 20 feet in width, the property owner shall be required to dedicate to the city sufficient property to widen the abutting alley to the full width as measured from the design centerline, to conform to the applicable road standards specified by the city engineer. Upon dedication of the necessary right-of-way, the rear setback may be reduced to two feet from the rear lot line. Where an existing, nonconforming structure located in the downtown neighborhood is internally remodeled to include an accessory dwelling unit, but the footprint of the structure is not increased, the structure can be allowed to remain at a zero setback; provided, that the right-of-way is 20 feet in width. 5 The community development director is specifically authorized to allow an increase in the size of a detached accessory structure over the requirements outlined in this table; provided, that the accessory structure(s) shall be compatible with the principal structure and/or neighborhood character. To make this determination, the community development director may consider such factors that include, but are not limited to, view obstruction, roof pitch, building materials, screening and landscaping, aesthetic impact on surrounding properties and streetscape, incompatible scale with dwellings on surrounding properties, and impact on neighborhood character. The community development director shall also have the authority to impose greater setback requirements, landscape buffers, or other locational or design requirements to mitigate the impacts of accessory structures which are greater in size than otherwise allowed by this section. 6 The community development director may allow minor deviations to the 20-foot height and the 80 percent building footprint limitations applicable to properties under one acre as necessary to accommodate industry standards for building dimensions. | |
(2) A detached garage, carport or other permitted accessory structure may be in the front or side yard, or on the flanking street side of a corner lot, only if the applicant demonstrates to the satisfaction of the community development director that:
(a) The accessory structure is consistent with the architectural character of the residential neighborhood where it will be located, and the principal structure on the lot; and
(b) The accessory structure shall have a roof pitch similar to the principal structure and have siding and roofing materials similar to or compatible with those used on the principal structure. No metal siding or roofing shall be permitted unless it matches the siding and roofing of the principal structure, or unless it is a building material that is of a residential character such as metal tab roofing or other products consistent with standard residential building materials. Plans for the proposed accessory structure(s) indicating siding and roofing materials shall be submitted with the application. (Ord. 3367 § 1 (Exh. A), 2025; Ord. 3351 § 5 (Exh. A), 2025).
The purpose of this chapter is to allow for accessory dwelling units to be established which are incidental to the primary residential use of a single-family residence or middle housing residence, while ensuring compatibility with surrounding residential uses. The accessory dwelling unit(s) must be clearly subordinate to the primary use. Accessory dwelling units may not be established until the principal residence is constructed on the property. (Ord. 3367 § 2 (Exh. B), 2025; Ord. 3351 § 6 (Exh. B), 2025).
In the zones in which an accessory dwelling is listed as a permitted use, the community development director or designee shall review all proposals to establish an accessory dwelling unit. The following standards and regulations shall apply to all proposed accessory dwelling units:
(1) On each lot developed with a single-family residence, accessory dwelling units may be constructed subject to the standards set forth in Table 1 below. An accessory dwelling unit may not be located on a lot on which a temporary dwelling, as defined in Chapter 22C.110 MMC, is located.
Principal Dwelling Unit(s) | Single-Family Residence | Middle Housing |
|---|---|---|
Number of accessory dwelling units allowed per lot 1 | Two | Two if the lot allows for a density of four dwelling units per lot pursuant to MMC 22C.010.080. Note: The accessory dwelling unit(s) apply to the total allowed unit density for the lot. |
Owner occupancy requirement for principal dwelling or accessory dwelling units | None | |
Allowed accessory dwelling unit configurations | (a) One attached unit and one detached unit; (b) Two attached units; or (c) Two detached units, which may be comprised of either one or two detached structures. | |
Use as short-term rental | Prohibited | |
Minimum size per accessory dwelling unit 2 | 200 SF gross floor area | |
Maximum size per accessory dwelling unit 2, 3 | 1,000 SF gross floor area or 50 percent of the total floor area of the single-family residence, whichever is greater; provided, that in no case shall an accessory dwelling unit exceed 1,400 square feet 1 | |
Maximum bedrooms per accessory dwelling unit | Two | |
Front setback 4 | See MMC 22C.010.080 for standard lots and MMC 22G.080.080 for PRD lots. | |
Side setback 4 | Five feet | |
Side street setback 4 | 10 feet along nonarterials; 15 feet along arterials | |
Rear yard setback 4 | 15 feet; provided, that the rear yard setback may be reduced to 10 feet for one-story structures, or for structures located in a PRD 5 | |
On-lot structure separation | A minimum of five feet of separation is required between structures. A five-foot-wide paved pathway that is free of obstructions must also be provided between the front entrance of the accessory dwelling unit and the property line from which the property is addressed to ensure adequate access for emergency services. | |
Building and impervious coverage 4 | See MMC 22C.010.080 for standard lots and MMC 22G.080.080 for PRD lots. | |
Height | 30 feet | |
Parking 6 | See parking for middle housing in MMC 22C.130.030, Table 1. | |
1 On any lot that meets the minimum lot size required for the principal dwelling unit. 2 Floor areas shall be exclusive of garages, porches, or unfinished basements. 3 The community development director is authorized to allow an accessory dwelling unit greater than the maximum size limit in the following circumstances: (a) For an attached accessory dwelling unit within an existing structure, when a denial of such an increase would result in an unreasonable division of interior space between the ADU and the primary residence; (b) An existing residence is converted to an accessory dwelling unit, provided the size of the existing residence to be converted does not exceed 100 square feet more than the allowance for a new accessory dwelling unit; or (c) A minor revision is needed to accommodate industry standards for building dimensions. 4 Existing structures, including but not limited to detached garages, may be converted to accessory dwelling units, even if they do not comply with current code requirements for setbacks or building coverage. 5 Detached accessory dwelling units may be built at a lot line, if the lot line abuts a public alley. 6 No parking areas other than driveways may be in front yards. When the property abuts an alley, parking areas must be accessed from the alley. | ||
(2) The architectural character of the single-family dwelling shall be preserved. Exterior materials, roof form, and window spacing and proportions shall match that of the existing single-family dwelling. In no case shall a detached accessory dwelling unit have axles or be on a chassis.
(3) The city may not prohibit the sale or other conveyance of a condominium unit independently of the principal structure solely on the grounds that the condominium unit was originally built as an accessory dwelling unit.
(4) The provisions of this section do not apply to portions of lots designated with critical areas or their buffers as designated in RCW 36.70A.060, or to lots in 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)).
(5) In addition to the conditions that may be imposed by the community development director, all accessory dwelling units shall also be subject to the condition that the use shall be discontinued if:
(a) The accessory dwelling unit is substantially altered and no longer conforms with the plans approved by the community development director and the building official; or
(b) The subject lot ceases to maintain the required parking spaces outlined in MMC 22C.130.030, Table 1.
If the deficiencies outlined in subsections (5)(a) and (5)(b) of this section are remedied, the community development director may allow the use to be reestablished. (Ord. 3367 § 2 (Exh. B), 2025; Ord. 3351 § 6 (Exh. B), 2025).
The purpose of this chapter is to allow small scale commercial occupations incidental to residential uses to be located in residences while guaranteeing all residents freedom from excessive noise, traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential neighborhoods. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Home occupations are permitted as an accessory use to the residential use of a property only when all of the following conditions are met:
(a) The total area devoted to all home occupation(s) shall not exceed 25 percent of the floor area of the dwelling unit or 600 square feet, whichever is less. When middle housing is constructed on the lot, one home occupation is permitted per dwelling unit;
(b) The home occupation may be located in the principal dwelling or in an accessory structure. If located in an accessory structure, the area devoted to the occupation, as described in subsection (1)(a) of this section, shall be based upon the floor area of the dwelling only; provided, that the cumulative square footage devoted for all home occupations in detached structures shall not exceed 600 square feet per lot or parent lot;
(c) Not more than one person outside of the family shall be employed on the premises per home occupation;
(d) The home occupation shall in no way alter the normal residential character of the premises;
(e) The home occupation(s) shall not use electrical or mechanical equipment that results in:
(i) A change to the fire rating of the structure(s) used for the home occupation(s);
(ii) Visual or audible interference in radio or television receivers, or electronic equipment located off premises; or
(iii) Fluctuations in line voltage off premises;
(f) No equipment or material may be stored, altered or repaired on any exterior portion of the premises;
(g) Sales shall be limited to merchandise which is produced on the premises and/or mail order, internet and telephone sales with off-site delivery;
(h) Services to patrons shall be arranged by appointment or provided off site;
(i) The home occupation(s) may use or store a vehicle for pickup of materials used by the home occupation(s) or the distribution of products from the site, provided:
(i) No more than one such vehicle shall be allowed;
(ii) Such vehicle shall not park within any required setback areas of the lot or on adjacent streets; and
(iii) Such vehicle shall not exceed a manufacturer’s gross vehicle weight in excess of 16,000 pounds, a length in excess of 20 feet, or a width in excess of eight feet;
(j) Signs in connection with the home occupation shall comply with the restrictions of MMC 22C.160.150(9);
(k) No sales or services will be conducted on the premises which will generate more than 10 average daily round trips per day by customers.
(2) A home occupation permit issued to one person shall not be transferable to any other person, nor shall a home occupation permit be valid at any other address than the one listed on the permit.
(3) In granting approval for a home occupation, the reviewing official may attach additional conditions to ensure the home occupation will be in harmony with, and not detrimental to, the character of the residential neighborhood.
(4) Any home occupation authorized under the provisions of this chapter shall be open to inspection and review at all reasonable times by enforcement officials for purposes of verifying compliance with the conditions of approval and other provisions of this title.
(5) The community development director shall have authority to administratively grant a minor modification to the standards listed in subsections (1)(a) and/or (1)(c) of this section, provided the use is consistent with the purposes of this chapter and will be operated in harmony with the character of a residential neighborhood. Minor modifications shall be limited to the home occupations standards in subsections (1)(a) and (1)(c) of this section, provided they create no significant impacts to the residential neighborhood. The community development director is authorized to approve minor modifications only in cases of unique circumstances such as large property acreage, remote site access or site location, or small scale of use, when these circumstances ensure the commercial operation remains incidental to the dwelling and in no way alters the normal residential character of the premises. No variance shall be granted which would be detrimental to public health, welfare or environment. (Ord. 3366 § 85 (Exh. GGGG), 2025; Ord. 3352 § 88 (Exh. GGGG), 2025; Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter is to facilitate unobtrusive day care I facilities, which include family day care homes, adult day cares and adult family care uses, within a residence when such facility is accessory to the residential use while guaranteeing all residents freedom from excessive noise, traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential neighborhoods. (Ord. 2852 § 10 (Exh. A), 2011).
The following restrictions apply to day care I facilities:
(1) Home day care and adult family care facilities shall meet the state licensing requirements, including those pertaining to building, fire safety and health codes. A copy of the required state license, if applicable, shall be furnished by the applicant with the business license application.
(2) There shall be no change in the outside appearance of the residence, other than one flat, unlighted sign, not exceeding six square feet, mounted flush against the building.
(3) Where outdoor recreation facilities are provided for children in day care facilities, they shall be screened by a fence at least four feet high where abutting residentially zoned property.
(4) The facility shall provide a safe passenger loading area.
(5) The day care provider shall provide written notification to immediately adjoining property owners of the intent to locate and maintain a facility. (Ord. 2852 § 10 (Exh. A), 2011).
A day care I permit is required, subject to the following conditions:
(1) A day care I permit issued to one person shall not be transferable to any other person; nor shall a day care I permit be valid at any other address than the one listed on the permit.
(2) In granting approval for a day care I, the community development director, or designee, may attach additional conditions to ensure the use will be in harmony with, and not detrimental to, the character of the residential neighborhood.
(3) Any day care I authorized under the provisions of this chapter shall be open to inspection and review at all reasonable times by enforcement officials for purposes of verifying compliance with the conditions of approval and other provisions of this title. (Ord. 3366 § 86 (Exh. HHHH), 2025; Ord. 3352 § 89 (Exh. HHHH), 2025; Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter is to allow for small scale commercial lodging in residential or commercial areas, and establishing performance standards to ensure compatibility when being conducted in residential neighborhoods. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Where bed and breakfast inns and bed and breakfast guesthouses are allowed in the same zone, only one or the other of these facilities may be located on a subject property at the same time. An approved bed and breakfast guesthouse may be expanded to a bed and breakfast inn if a conditional use application for an inn is obtained and the original permit for the guesthouse is vacated.
(2) Submittal plan requirements to accompany a conditional use application:
(a) Site Plan Requirements. The site plan shall indicate the location of the off-street parking, proposed screening, the location and size of the bed and breakfast inn, and any proposed new construction to the premises, including additions, remodeling and/or outbuildings.
(b) Architectural Requirements. For new construction only, the following shall apply:
(i) The applicant shall submit proposed architectural drawings and renderings of the proposed structure, including exterior elevations, which shall project a residential rather than a commercial appearance. This architectural documentation shall be in sufficient detail to demonstrate discernible compatibility between the new construction and the existing on-site development and structures; provided further, the applicant also shall document a design which, in scale and bulk, is in keeping with existing buildings on adjacent properties and compatible with the surrounding character and neighborhood in which the guesthouse or inn is located.
(ii) If an outbuilding or outbuildings are proposed, a grading plan, showing the extent of clearing activity, is required. Site design shall be sensitive to the natural features of the site. The use of manufactured and mobile homes is prohibited.
(c) Screening. The owner/operator shall provide screening with shrubs, trees, fencing and other suitable materials as necessary to minimize the impacts upon the residential character of the surrounding neighborhood.
(d) Floor Plan. The floor plan shall indicate bathrooms to be used by guests and the location and number of guest rooms.
(3) Minimum Performance Standards.
(a) Parking requirements shall be in accordance with Chapter 22C.130 MMC, Parking and Loading. No on-street parking shall be allowed.
(b) Meal service shall be limited to overnight guests of the establishment. Kitchens shall not be allowed in individual guest rooms.
(c) The owner shall operate the facility and reside on the premises.
(d) Business identification and advertising signs shall comply with Chapter 22C.160 MMC, Signs.
(e) The bed and breakfast establishment shall be conducted in such a manner as to give no outward appearance nor manifest any characteristics of a business, except as to the allowed signage, that would be incompatible with the ability of the neighboring residents to enjoy peaceful occupancy of their properties.
(f) Guests shall be permitted to stay at the establishment for not more than 10 consecutive days at a time.
(g) The applicant shall comply with all applicable city codes for fire, health and building requirements and any applicable food service regulations and on-site sewage disposal requirements of the Snohomish health district.
(h) If three or more guest rooms are proposed, the applicant shall also meet state requirements for a “transient accommodation license,” as required by Chapter 70.62 RCW, as now written or hereafter amended.
(i) Bed and breakfast houses shall be permitted where indicated by the permitted use table for individual zones and within homes on the National or State Historic Register in any zone. (Ord. 2852 § 10 (Exh. A), 2011).
This chapter is intended to provide for developments that incorporate a variety of housing, care options, and related uses for senior citizens. Developments may consist of individual lots or may have common building sites. It is further intended that commonly owned land be related to and preserve the long-term value of the development. This chapter is not intended to be used for the development of a single use or housing type, which would otherwise be permitted in other zones under the regular zoning provisions.
In addition, the purpose of this chapter is as follows:
(1) To allow the development of unique communities in residential, commercial and public/institutional zones that are designed to accommodate the increased housing needs of senior citizens and disabled persons, through the provision of a variety of housing types, services and continuum of care, including independent senior housing, assisted living and nursing care, as well as recreation, dining and on-site medical facilities and services.
(2) To encourage long-time Marysville residents to remain in the community.
(3) To encourage/implement active aging strategies within senior communities.
(4) To ensure that the requirements of the Americans with Disabilities Act (ADA) and universal design principles are incorporated within senior communities.
(5) To ensure that affordable and special needs housing opportunities are dispersed throughout the city, not concentrated.
(6) To permit higher densities for senior housing that provides amenities and services.
(7) To assist in meeting Snohomish County Tomorrow fair share housing allocation targets for special needs housing and services. (Ord. 2852 § 10 (Exh. A), 2011).
An applicant may request to utilize the master planned senior community provisions if the site meets the site qualification criteria of this chapter and concurrently utilizes a land division process or a commercial/multifamily site plan. (Ord. 2852 § 10 (Exh. A), 2011).
A master planned senior community (MPSC) may be established at a particular location if the following site qualifications are met:
(1) The site development must incorporate a range of housing and care options for seniors, including a mix of independent senior housing, senior assisted living and nursing facilities. At the discretion of the community development director, a development providing for a range of care types, but not necessarily all of those listed in this subsection, may be permitted, subject to satisfactory demonstration by the applicant that the resulting community meets the intent and purpose of these regulations.
(2) The site must be served by adequate public facilities, including public sewers, water supply, roads and other needed public facilities and services.
(3) The site must have close proximity to existing or planned services.
(4) The site shall be a minimum of 20 units, with at least 50 percent of all units in the community being senior apartments/multifamily, assisted living or nursing home/convalescent care units or beds. (Ord. 2852 § 10 (Exh. A), 2011).
The following uses are permitted in master planned senior communities:
(1) Age-restricted, independent housing, attached or detached.
(2) Age-restricted, independent apartments, townhomes or condos (multifamily units).
(3) Senior citizen assisted living dwelling units/facilities.
(4) Convalescent, nursing, and rest homes.
(5) Accessory uses. Services and businesses that serve the residents of the senior community, including recreational, educational, health, personal, professional and business services and retail stores, shall be permitted. In residential zones, these uses shall be sized for and used solely by residents of the community. Such uses shall be integrated with the units and oriented towards the interior of the project; no signs or other evidence of business facilities shall be visible from the periphery of the community. (Ord. 2852 § 10 (Exh. A), 2011).
The master planned senior community review and approval process shall occur concurrently with the underlying land use action. The decision-making authority for the underlying land use action shall also be the decision-making authority for the MPSC.
(1) Site Plan. A site plan meeting the requirements of this chapter, Chapters 22C.010 and 22C.020 MMC, and, when applicable, Chapters 22G.090 and 22G.100 MMC shall be submitted with all applications for an MPSC. The site plan may be approved, approved with conditions, or denied by the city. Specific development regulations may be modified in accordance with this chapter, and special requirements may be applied to the property within the MPSC. Modifications and special requirements shall be specified in the approval and shown on the approved site plan.
(2) Decision Criteria. It is the responsibility of the applicant to demonstrate the criteria in this subsection have been met. The city may place conditions on the MPSC approval in order to fulfill the requirements and intent of the city’s development regulations, comprehensive plan, and subarea plan(s). The following minimum criteria must be met for approval to be granted:
(a) Consistency with Applicable Plans and Laws. The development will comply with all applicable provisions of state law, the Marysville Municipal Code, the comprehensive plan, and any applicable subarea plan(s).
(b) Public Facilities. The community shall be served by adequate public facilities, including streets, bicycle and pedestrian facilities, fire protection, water, storm water control, sanitary sewer, and parks and recreation facilities.
(c) Perimeter Design. The perimeter of the master planned senior community shall be compatible in design, character, and appearance with the existing or intended character of development adjacent to the subject property and with the physical characteristics of the subject property.
(d) Streets, Sidewalks and Parking. Existing and proposed streets and sidewalks within the development shall be suitable and adequate to carry anticipated motorized and pedestrian traffic within the proposed project and in the vicinity of the subject property. Adequate parking shall be provided to meet or exceed the applicable requirements of the Marysville Municipal Code.
(e) Landscaping shall be provided for public and semi-public spaces and shall integrate them with private spaces. Landscaping shall create a pleasant streetscape and provide connectivity between homes, facilities, and common areas, using trees, shrubs and ground cover throughout the development and providing for shade and visual relief while maintaining a clear line of sight throughout the public and semi-public spaces.
(f) Maintenance Provisions. A means of maintaining all common areas, such as a homeowner’s association, shall be established, and legal instruments shall be executed to provide maintenance funds and enforcement provisions.
(3) Amendments. An approved MPSC may be amended in accordance with the applicable provisions of the Marysville Municipal Code.
(4) Duration of Approval. The duration of approval for an MPSC shall be the same as the underlying land use action, plat, or binding site plan.
(5) Compliance. Any use of land which requires MPSC approval, as provided in this chapter, and for which approval is not obtained, or which fails to conform to an approved MPSC and final site plan, constitutes a violation of this title. (Ord. 2852 § 10 (Exh. A), 2011).
All MPSCs shall be subject to site plan approval as provided in this chapter. The following are minimum requirements for the site plan and supplemental application materials:
(1) A site plan drawing, showing property dimensions and boundaries, existing and proposed topography, critical areas, proposed access to the site, size and shape of all building sites and lots, and location of all building pads and open space areas;
(2) A written explanation of the desired age restriction for the community;
(3) Calculation of total project land area and net project density;
(4) The total number of proposed dwelling units/beds and a description of the housing type for each such unit;
(5) Existing development within 200 feet of the site;
(6) The existing edge and width of pavement of any adjacent roadways and all proposed internal streets, off-street parking facilities, driveway approaches, curbing, sidewalks or walkways, street channelization and type of surfaces;
(7) Landscaping plan, including plant locations and species size at planting, together with location and typical side view of perimeter fencing or berms, if any;
(8) Plans for all attached dwellings, multiple-family dwellings and assisted living and nursing facilities, and related improvements, to a scale of not less than one inch to 50 feet, showing typical plot plans for each such building, including location of building entrance, driveway, parking, fencing and site screening, and typical elevations of each type of building, including identification of exterior building materials, and roof treatment;
(9) Plans for signing and lighting, including typical side view of entrance treatment and entrance signs;
(10) The location of all solid waste collection points, proposed meter locations, water mains, valves, fire hydrants, sewer mains, laterals, manholes, pump stations, and other appurtenances;
(11) Conceptual drainage plans demonstrating feasibility of the proposed facilities;
(12) Project staging or phases, if any;
(13) Draft restrictive covenants including provisions to address enforcement of age restrictions, parking, ongoing maintenance of open space, recreation facilities and common areas;
(14) Design analysis to demonstrate the relationship of the development to surrounding land uses, with cross sections, renderings or elevation drawings showing the scale and character of the development;
(15) Descriptions of the design features and general size and layout of the proposed dwellings to demonstrate their appropriateness for the age-restricted population. The material submitted must indicate how the use of universal design features will make individual dwelling units adaptable to persons with mobility or functional limitations and how the design will provide accessible routes between parking area, sidewalks, dwelling units, and common areas; and
(16) Such additional information as the city may deem necessary. (Ord. 3057 § 7, 2017; Ord. 2852 § 10 (Exh. A), 2011).
At least one household member must be 55 years of age or older. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Existing amenities (e.g., views, mature trees, etc.) that are unique to the site should be preserved and incorporated into the project’s design whenever possible.
(2) When an MPSC project adjoining residential and commercial uses can mutually benefit from connection rather than separation, appropriate connective elements (e.g., walkways) should be provided.
(3) The site shall be designed and developed utilizing crime prevention through environmental design (CPTED) principles as set forth in MMC 22C.010.290 and 22C.020.250.
(4) Building Design and Layout.
(a) Development of the site is subject to compliance with development standards outlined in Chapters 22C.010 and 22C.020 MMC.
(b) When a master planned senior community is located within, or adjacent to, single-family residential zones and is, or may be, surrounded by traditional single-family development, the community shall be designed and developed to be consistent with a single-family residential environment. Larger scale (i.e., multi-unit buildings, nursing care facilities) buildings shall be located on the site to least impact surrounding single-family uses and to create a consistent streetscape that is in the desired character for a residential area.
(c) When a master planned senior community is located within, or adjacent to, commercial or multifamily zones and is or may be surrounded by traditional commercial or multifamily development, any multi-unit buildings and nursing care facilities on the site shall be placed to consider the visual continuity between the proposed and existing adjacent development with respect to building setbacks and placement of structures to create a consistent streetscape.
(d) Multiple buildings in a single project should provide a functional relationship with one another to achieve a sense of place by use of the following techniques:
(i) Cluster buildings around open space areas or courtyards, not parking lots.
(ii) Provide open space areas and courtyards with landscaping and other pedestrian amenities.
(iii) Provide convenient pedestrian circulation between buildings, open space, and parking areas.
(iv) Link buildings together visually, using such elements as trellis structures, arcades, and/or enhanced paving.
(v) Where feasible and desirable, locate buildings near public streets, thus creating a strong presence thereon.
(5) Building and Unit Design. Universal design (also known as “aging in place”) is a method of design that seeks to create development that can be used by everyone, regardless of age or physical condition. All projects shall implement, at minimum, the following universal design principles:
(a) No-step entries.
(b) One-story living such that an eating area, bathroom, and sleeping area are available on the same floor.
(c) ADA accessible doors, hallways and bathrooms.
(d) Room thresholds that are flush.
(e) Adequate lighting throughout the dwelling unit.
(6) Architectural Style and Design Guidelines. Multifamily and nursing/assisted living facilities shall comply with MMC 22C.010.290 and 22C.020.250. Detached single-family residences and middle housing shall comply with MMC 22C.010.310.
(7) Utility and Mechanical Equipment.
(a) All mechanical equipment shall be architecturally screened from view.
(b) Utility equipment (e.g., electric and gas meters, electrical panels, and junction boxes) should be located in utility rooms within the structure or utility cabinets with exterior access.
(8) Solid Waste and Recycling. Developments shall provide storage space and collection points for solid waste and recyclables in accordance with Chapter 7.08 MMC, MMC 22C.010.370 and 22C.020.320.
(9) Parking and Circulation.
(a) Project entries should provide the resident and visitor with an overview of the project through either an easy visual assessment (in smaller projects) or by providing signage or placards that illustrate the circulation, parking, building, and amenity layout of the project.
(b) The principal vehicular access should be through an entry drive rather than a parking aisle, when possible. Colored, textured paving treatment at entry drives together with lush landscaping is strongly encouraged.
(c) The number of required off-street parking stalls shall be in accordance with MMC 22C.130.030. The community development director may approve alternative parking requirements upon satisfactory demonstration by the applicant that the site will have adequate parking to serve all proposed uses and/or that the community is located within walking distance of a neighborhood center that offers a variety of services and a safe walking route is provided.
(d) If parking is not attached to the residential structures, covered carports and dispersed parking courts are the desired alternative.
(e) A parking court should not consist of more than two double-loaded parking aisles (bays) adjacent to each other.
(f) Carports should provide no more than five parking spaces within each structure. The structures should be constructed with material consistent with those used in building construction.
(g) All parking standards identified in Chapter 22C.130 MMC, Parking and Loading, shall apply, except as may be specified herein.
(10) Pedestrian Access.
(a) Drop-off points should be provided at major building entries and plaza areas.
(b) The project should be designed to minimize the need for pedestrians to cross parking aisles and landscape islands to reach building entries.
(c) Stamped or painted concrete walkways should be provided in areas where it is necessary for pedestrians to cross drive or parking aisles.
(d) All projects shall provide a clear connection between the on-site pedestrian circulation system and the off-site public sidewalk.
(11) Landscaping. Landscaping shall comply with Chapter 22C.120 MMC, Landscaping and Screening, except as may be specified herein.
(12) Public Transportation Amenities.
(a) A sheltered bus stop with a canopy provided with architecture consistent with the project shall be provided, if required in coordination with local transit agencies.
(b) In cases when a public bus stop is, or may be in the future, located within the frontage of a proposed site, a bus stop or cover shall be provided.
(13) On-Site Common Recreational Facilities.
(a) Recreational amenities shall be appropriately distributed throughout the community. Such facilities shall consist of open or enclosed areas for residents of the community to congregate for recreation and leisure. Structures with multiple-family style dwelling units (i.e., independent senior housing apartment units, assisted living dwelling units, etc.) shall provide open space or active or indoor recreation space consistent with the following chart:
Type of Dwelling Unit | Outdoor Open Space | Active Outdoor or Indoor Recreation Facility |
|---|---|---|
(a) Studio and one bedroom | 90 square feet per unit | 45 square feet per unit |
(b) Two bedroom | 130 square feet per unit | 65 square feet per unit |
(c) Three or more bedroom | 170 square feet per unit | 85 square feet per unit |
(b) The following standards shall be utilized for outdoor recreational facilities:
(i) The design and orientation of these areas should take advantage of available sunlight and should be sheltered from the noise and traffic of adjacent street or other incompatible uses.
(ii) Each outdoor open space area should have a focal point. The focal point may consist of, but need not be limited to, water fountains, landscape planters, monuments, waterways, view points, artwork, trellises or gazebos. The focal point of all open space areas shall complement one another by maintaining a common theme, consistent furnishing, and signage.
(iii) On-site outdoor recreation space shall:
(A) Be of a grade and surface suitable for recreation;
(B) Be one continuous parcel if less than 3,000 square feet in size;
(C) Have no dimension less than 30 feet (except trail segments);
(D) Be situated and designed to be visible from adjacent buildings and uses on site; and
(E) Be accessible and convenient to all residents within the development.
(iv) The required amount of on-site common recreation space may be reduced by the community development director, if it is demonstrated that the facilities provided on site will offer residents with exceptional opportunities to participate in active aging (i.e., physical activity programs, trails, tennis courts, swimming pools, or other amenities deemed appropriate), and/or if it is demonstrated that the community is located within walking distance of a pedestrian-friendly neighborhood center and a safe walking route is provided.
(14) Private Open Space. Each single-family detached, townhouse, or middle housing dwelling unit shall be provided a private open space area, free and clear of any attached or detached accessory structures, as follows:
(a) Each unit shall be provided 100 square feet of private yard with a minimum interior dimension of 10 feet.
(b) The required amount of private open space may be reduced by the community development director as provided in subsection (13)(b)(iv) of this section.
(15) Covenant and Duration. An agreement in a form approved by the city must be recorded on the property requiring that the provisions of this chapter, including age restrictions and site plan approval, be maintained for the life of the project. The agreement shall be recorded prior to building permit issuance. This agreement shall be a covenant running with the land, binding on the assigns, heirs and successors of the applicant. (Ord. 3366 § 87 (Exh. IIII), 2025; Ord. 3352 § 90 (Exh. IIII), 2025; Ord. 2852 § 10 (Exh. A), 2011).
The city’s standard development regulations shall be modified for a master planned senior community as provided in this section.
(1) Density and Dimensions. The standard dimensional regulations shall apply to all lots and development in a master planned senior community, except as specifically modified below and as provided in the design review standards in Chapters 22C.010, 22C.020 and/or 22G.080 MMC. The density permitted is modified as follows:
(a) Modified Density Standards:
| Residential Zones | Commercial Zones |
|---|---|---|
Maximum Density: Dwelling Unit/Acre | As per the underlying zone plus 20%; provided the NR-4.5 zone is capped at 10 units/acre and the NR-6.5 zone is capped at 12 units/acre | None |
(b) When projects are proposed on sites that encompass multiple zones, the density built on each zone will be limited to that of the underlying allowed density for each zone.
(2) Maximum Building Height. Outside of the downtown neighborhood, buildings or portions of buildings located within 50 feet of a property that is zoned single-family, or where the predominant adjacent use is single-family, shall be limited to a maximum height of 30 feet.
(3) Street Standards. When multiple detached single-family or middle housing units are proposed, the project shall meet residential right-of-way and access standards as set forth in the Marysville Municipal Code and engineering development and design standards (EDDS). An applicant may request to utilize the city’s PRD access street standards, which may be allowed at the discretion of the community development director.
(4) Open Space. Open space requirements may be modified consistent with this chapter.
(5) Additional Modifications. An applicant may request additional dimensional, open space, street, and design standard modifications beyond those provided in this section. Granting of the requested modification(s) will be based on innovative and exceptional architectural design features and/or innovative and exceptional site design and layout that contribute to achieving the purpose of this chapter. (Ord. 3366 § 88 (Exh. JJJJ), 2025; Ord. 3352 § 91 (Exh. JJJJ), 2025; Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter shall be to ensure a suitable living environment for owners of mobile/manufactured homes located within mobile/manufactured home parks. The following standards and regulations are necessary for the health, safety, general welfare and convenience of the inhabitants of the city of Marysville. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Mobile/manufactured homes shall be used for residential purposes only, except for limited home occupations as provided for in Chapter 22C.190 MMC, and except in cases of temporary uses as defined in Chapter 22C.110 MMC, subject to strict compliance with the requirements of said chapter.
(2) No space shall be rented for any purpose within a mobile/manufactured home park except for a permanent residence.
(3) No person, company or corporation shall establish a new mobile/manufactured home park, or enlarge the size of or increase the allowed density of an existing mobile/manufactured home park, without first complying with the provisions of this chapter. (Ord. 2852 § 10 (Exh. A), 2011).
There is created a mobile/manufactured home park zone (MHP) which shall be construed as an overlay classification which may be enacted for any area within the city zoned neighborhood residential (NR-4.5 and NR-6.5) and in the multiple-family residential classification (R-12 through R-28).
(1) Purpose. The purposes of the MHP classification are:
(a) To provide a suitable living environment within a park-like atmosphere for persons residing in mobile/manufactured homes;
(b) To encourage variety in housing styles within areas designated for other residential development;
(c) To permit flexibility in the placement of mobile/manufactured homes on a site in order to minimize costs associated with development of roads, utilities, walkways and parking facilities, while providing adequate common and private open space.
(2) Permitted Uses. In the MHP zone the following uses are permitted:
(a) Mobile/manufactured home parks, subject to the requirements of this chapter;
(b) Mobile/manufactured homes, located only within an approved mobile/manufactured home park;
(c) Accessory uses and structures as provided in MMC 22C.010.060 and 22C.020.060;
(d) Recreational facilities located within and primarily for the use of residents of an approved mobile/manufactured home park;
(e) Recreational vehicle and boat storage facilities located within and limited to use by residents of an approved mobile/manufactured home park. (Ord. 3366 § 89 (Exh. KKKK), 2025; Ord. 3352 § 92 (Exh. KKKK), 2025; Ord. 2852 § 10 (Exh. A), 2011).
(1) Rezone. For an MHP overlay zoning classification to be enacted, all procedural requirements, including filing fees specified in MMC Title 22G, shall be complied with in full.
(2) Conditional Use Permit. A mobile home park shall be allowed in a single-family residential zone only upon conditional use permit approval. The owner, operator and occupants of a mobile home park shall develop and use the park in strict compliance with the conditions imposed by the permit. The agency issuing the permit shall maintain continuing jurisdiction for the review and enforcement of said conditions.
(3) Preliminary Site Plan. A preliminary site plan meeting the requirements of MMC 22C.230.060(1) shall be submitted with all applications for MHP rezones. Said site plan shall be subject to review, modification, approval or denial by the city council as an integral part of the MHP rezone process. There shall be no clearing, grading, construction or other development activities commenced on an approved mobile/manufactured home park until a preliminary site plan is upgraded to a binding site plan, and the same is approved and filed.
(4) Final Site Plan. Following final approval by the city council of an MHP rezone, but before development activities commence on the property, the owner shall submit a final site plan meeting the requirements of MMC 22C.230.060(2). The city staff shall review the final site plan to determine whether it conforms to the approved preliminary site plan, the MHP rezone, and applicable state laws and city ordinances which were in effect at the time of the rezone approval. Upon such conformity being found the final site plan shall be signed by the community development director. An approved final site plan shall constitute an integral part of an MHP zoning overlay, and shall be binding upon the owner of the property, its successors and assigns. All development within a mobile/manufactured home park shall be consistent with the final site plan.
(5) Subdivision Exemption. If a mobile/manufactured home park remains completely under single ownership or control, including ownership by a condominium association, compliance with an approved MHP rezone and final site plan shall preclude the necessity to plat the park or comply with any subdivision laws or ordinances.
(6) Amendment of Final Site Plan. An approved final site plan may be modified or amended at the request of the applicant upon receiving administrative approval by the community development director; provided, that if said modification or amendment affects the external impacts of the mobile/manufactured home park, or is determined by the community development director to be substantial in nature, then such modification or amendment shall be resubmitted to the hearing examiner and city council as a rezone application pursuant to Chapter 22G.010 MMC, Article VI, Land Use Application – Decision Criteria.
(7) Duration of Approval. An MHP rezone and the final site plan which is an integral part thereof shall be effective for three years from the date of approval of the rezone by the city council. An applicant who files a written request with the city council at least 30 days before the expiration of said approval period shall be granted a one-year extension upon a showing that the applicant has attempted in good faith to progress with the development of the park. During the approval period all improvements required by the final site plan shall be completed or bonded. Bonding shall conform to the bonding requirements for plats specified in Chapter 22G.040 MMC.
(8) Completion Prior to Occupancy. All required improvements and other conditions of the MHP rezone and final site plan approval shall be met prior to occupancy of any site by a mobile/manufactured home; provided, that completion may be accomplished by phases if approved by the community development director and security for performance in accordance with the provisions of Chapter 22G.040 MMC and acceptable to the community development director is received by the city. The community development director may also require security for maintenance for a period of up to five years in accordance with the provisions of Chapter 22G.040 MMC.
(9) Compliance. Any use of land which requires an MHP rezone and final site plan approval, as provided in this chapter, and for which such review and approval are not obtained, or which fails to conform to an approved MHP rezone and final site plan, constitutes a violation of this title.
(10) Health District Approval. Prior to occupancy of a mobile/manufactured home park, the owner shall obtain a permit from the Snohomish health district and comply with all rules, regulations and requirements of said district. Said permit must be kept current at all times, subject to the park being closed. The rules, regulations and requirements of the health district shall be construed as being supplements to the provisions of this chapter. (Ord. 3366 § 90 (Exh. LLLL), 2025; Ord. 3352 § 93 (Exh. LLLL), 2025; Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this section is to establish minimum development standards for mobile/manufactured home parks.
(1) Density. The number of mobile/manufactured homes permitted in a mobile/manufactured home park shall not exceed eight units per gross acre. In rezoning property to MHP, the city may limit density further to ensure compatibility with the surrounding residential area.
(2) Site Area. The minimum site area of a mobile/manufactured home park shall be three acres. Except as otherwise provided in subsection (3) of this section, the maximum site area of a mobile/manufactured home park, or combination of adjacent parks, shall be 15 acres. Parks shall be considered to be “adjacent” to one another unless they are separated by an unrelated land use, and not merely by a public or private street, easement or buffer strip.
(3) Annexations/Phased Developments. For mobile home parks which have been proposed and approved by Snohomish County for a phased development, as a condition of any final annexation ordinance approving annexation of such mobile home park into the city, the city may authorize such phased mobile home park to exceed the 15-acre maximum set forth in subsection (2) of this section. In cases where greater than 50 percent of the phased development has been constructed prior to annexation, the city may authorize construction of private roadways and storm drainage systems which match those previously constructed to county standards. In such cases, maintenance of such private roadways and storm drainage systems shall be the responsibility of the owner of the mobile home. (Ord. 2852 § 10 (Exh. A), 2011).
All new mobile/manufactured home parks, or expansions to or increases in density of existing parks, shall be subject to site plan approval, as provided above. The site plan shall be accurately drawn at a scale of not less than one inch for each 40 feet and shall include, at a minimum, the following:
(1) Preliminary Site Plan.
(a) The title and location of the proposed park, together with the names, addresses, telephone numbers and e-mail addresses of the owners of record of the land, and if applicable, the names, addresses, telephone numbers and e-mail addresses of any architect, planner, designer or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant;
(b) Area of the site;
(c) Project staging or phases, if any;
(d) The number of mobile/manufactured homes to be accommodated;
(e) A vicinity map at a minimum scale of two inches for each mile, showing sufficient area and detail to clearly locate the project in relation to arterial streets, natural features, landmarks and municipal boundaries;
(f) The location, identification and dimensions of all property lines, streets, alleys and easements. Indicate the condition of all public rights-of-way;
(g) The location of all existing and proposed structures, including but not limited to buildings, fences, culverts, bridges, roads and streets;
(h) The proposed location of all mobile/manufactured homes and accessory structures with setback requirements and lot coverage limitations;
(i) The location of all proposed open space, buffer strips and landscaped areas, showing existing trees and plant materials to be preserved, and conceptual plantings, berms and other features which are proposed;
(j) The location and intended use of outdoor storage areas;
(k) The location and intended use of recreational areas and facilities;
(l) Such additional detail as a city staff reasonably requires.
(2) Final Site Plan.
(a) All elements of the preliminary site plan, as approved by the city council;
(b) Original and proposed topography at maximum five-foot contour intervals, and preservation measures for fill and cut slopes;
(c) Typical cross-sections of all proposed internal circulation streets;
(d) The existing edge and width of pavement of any adjacent roadways and all proposed internal streets, off-street parking facilities, driveway approaches, curbing, sidewalks or walkways, street canalization and type of surfaces;
(e) The location, size and type of all proposed signs;
(f) The location, type and wattage of all outdoor lighting with typical standards illustrated;
(g) The location of all water mains, valves and fire hydrants;
(h) The location of all sewer mains, laterals, manholes, pump stations, and other appurtenances;
(i) The location of all storm water drainage facilities, retention/detention ponds, and oil/water separators;
(j) A certificate of approval prepared for the signature of the community development director. (Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this section is to establish minimum standards for mobile/manufactured home parks.
(1) Lot Coverage. All structures and buildings, including mobile homes and outbuildings, and any carports, decks or stairways attached thereto, and all impervious surfaces such as paved driveways, parking areas, sidewalks and patios, shall not cumulatively cover more than 60 percent of the total area of an individual mobile/manufactured home lot; provided, that patios, decks and sidewalks shall not be included in said 60 percent calculation if a lot is landscaped, on a permanent basis, in a way which emphasizes the appearance of natural vegetation.
(2) Yard Requirements. All mobile/manufactured homes, together with their additions and appurtenant structures, accessory structures and other structures on the site (excluding fences), shall observe the following setbacks (excluding any hitch or towing fixture), which supersede the standards of the underlying zoning district:
(a) Park roads: not less than 20 feet from the centerline of right-of-way, and in no case less than five feet from the paved, surfaced edge;
(b) Exterior site boundary not abutting an off-site public right-of-way: not less than 15 feet from the property line;
(c) Exterior site boundary, abutting an off-site public right-of-way: one-half of right-of-way plus 20 feet, measured from centerline;
(d) Side yard setback: all mobile/manufactured homes, together with their habitable additions, but excluding open porches and carports, shall be set back not less than three feet from side yard property lines.
(3) Height. No building or structure and no accessory building or structure shall exceed a height of 30 feet.
(4) Structure Separations. A minimum 10-foot separation shall be maintained between all mobile/manufactured homes, together with their habitable additions, and other mobile/manufactured homes. One-hour fire resistant accessory structures and/or service buildings shall maintain a minimum three-foot separation from adjacent mobile/manufactured homes. Non-fire-rated accessory structures and/or service buildings shall maintain a minimum six-foot separation between themselves and mobile/manufactured homes, except that carports may abut the unit to which they are an accessory use.
(5) Accessory Structures. Buildings or structures accessory to individual mobile/manufactured homes are permitted; provided, that the total developed coverage of the space shall not exceed the maximum lot coverage requirements.
Buildings or structures accessory to the mobile/manufactured home park as a whole, and intended for the use of the park occupants, are permitted, provided the building area does not exceed 50 percent of the common open space.
(6) Access and Circulation. The layout and general development plan for major and minor access streets and driveways within the mobile/manufactured home park, together with the location and dimensions of access junctions with existing public streets and rights-of-way, shall be approved by the city engineer.
(a) Right-of-Way. All interior park roads shall be constructed within a right-of-way which shall be sufficient to construct and maintain the roadway plus a provision for utilities, but in no case shall be less than 30 feet in width.
(b) Pavement Width. Park roads shall have a minimum paved width of 30 feet, including the area improved with curbs and gutters. Cul-de-sac turnarounds shall have a minimum paved diameter of 70 feet.
(c) Public/Private Streets. The city engineer shall determine whether the streets within a park shall be public or private. If the streets are to be public they shall be constructed to public street standards.
(d) Roadway Surface. All access roadways and service drives shall be bituminous surfacing or better and at a surface depth classified by the city engineer.
(e) Curbs and Gutters. Rolled curbs and gutters shall be constructed on both sides of all interior park roadways.
(f) External Access Points. External access to the park shall be limited to not more than one driveway from a public street for each 200 feet of frontage.
(7) Parking Requirements. At least two off-street parking spaces, located adjacent to each respective mobile/manufactured home, shall be provided for each such unit and shall be hard surfaced. In addition to occupant parking, guest and service parking shall be provided within the boundaries of the park at a ratio of one parking space for each four mobile/manufactured home lots, and shall be distributed for convenient access to all lots. Guest and service parking may be provided by a parking lane and/or as a separate parking area. Clubhouse and community building parking facilities may account for up to 50 percent of this requirement.
All off-street parking spaces shall have a minimum dimension of 10 feet by 20 feet.
(8) Utility Requirements. All mobile/manufactured home parks shall provide permanent electrical, water and sewage disposal connections to each mobile/manufactured home, recreational vehicle, or tiny house with wheels in accordance with applicable state and local rules and regulations. Recreational vehicles or tiny houses with wheels shall include an internal toilet and an internal shower unless the mobile/manufactured home park provides adequate common toilet and shower facilities for the park residents.
All sewage and waste water from toilets, urinals, slop sinks, bathtubs, showers, lavatories, laundries, and all other sanitary fixtures in a park shall be drained into a public sewage collection system.
All water, sewer, electrical and communication service lines shall be underground and shall be approved by the agency or jurisdiction providing the service. Gas shut-off valves, meters and regulators shall not be located beneath mobile/manufactured homes.
(9) Open Space/Recreational Facilities. A minimum of 10 percent of the site shall be set aside and maintained as open space for the recreational use of park occupants. Such space and location shall be accessible and usable by all residents of the park for passive or active recreation. Parking spaces, driveways, access streets and storage areas are not considered to be usable open space.
The percentage requirement may be reduced if substantial and appropriate recreational facilities (such as recreational buildings, swimming pool, or tennis courts) are provided.
The area shall be exclusive of the required perimeter buffer, centrally located, and of such grade and surface to be suitable for active recreation.
(10) Sidewalks/Walkways. The park shall contain pedestrian walkways to and from all service and recreational facilities. Such walkways shall be adequately surfaced and lit. A portion of the roadway surface may be reserved for walkways; provided, that the same are marked and striped; and provided, that the roadway width is widened accordingly. Walkways shall be a minimum width of five feet.
(11) Frontage Improvements. All new mobile/manufactured home parks, and all enlargements or increases in density to an existing mobile/manufactured home park, shall be required to construct frontage improvements to current city standards prior to occupancy.
(12) Lighting. Outdoor lighting shall be provided to adequately illuminate internal streets and pedestrian walkways. Lights shall be sized and directed to avoid adverse impact on adjacent properties.
(13) Storm Drainage. Storm drainage control facilities shall be subject to approval by the city engineer, and shall comply with the city’s storm sewer code.
(14) Landscaping/Screening. The park shall provide visual screening and landscaping as required in perimeter setback areas and open space. Landscaping may consist of suitable ground cover, shrubs and trees; provided, that they are installed prior to the first occupancy of the park, and are of such species and size as would normally fulfill a screening function within five years of being planted. Site development shall be sensitive to the preservation of existing vegetation. All trees, flowers, lawns and other landscaping features shall be maintained by the park management in a healthy, growing condition at all times.
The following minimum requirements for landscaping and screening shall apply:
(a) Along the exterior site boundary, a minimum 10-foot-wide screen landscaped to the L1 standards shall be provided (see Chapter 22C.120 MMC, Landscaping and Screening);
(b) Where abutting a major arterial, a minimum 20-foot-wide screen landscaped to the L1 standards shall be provided (see Chapter 22C.120 MMC, Landscaping and Screening); provided, that a minimum 10-foot strip may be considered sufficient when it can be demonstrated that with earth sculpturing and recontouring, or a sight-obscuring fence, the development is buffered sufficiently;
(c) Perimeters of common parking areas shall be landscaped with a minimum five-foot screen landscaped to the L3 standards (see Chapter 22C.120 MMC, Landscaping and Screening);
(d) Bulk storage and parking areas shall be landscaped with a minimum five-foot screen landscaped to the L2 standards (see Chapter 22C.120 MMC, Landscaping and Screening).
(15) Signs. Signs and advertising devices shall be prohibited in a mobile/manufactured home park except:
(a) One identifying sign at each entrance of the park, which may be indirectly lit, but not flashing. Said sign shall comply with Chapter 22C.160 MMC;
(b) Directional and informational signs as allowed pursuant to Chapter 22C.160 MMC.
(16) Storage.
(a) The owner of a mobile/manufactured home park shall provide, or shall require its tenants to provide, adequate indoor tenant storage facilities which are conveniently located near each mobile/manufactured home lot for the storage of household items and equipment. There shall be no outside storage of such items and equipment.
(b) Bulk storage and parking areas for boats, campers, travel trailers, recreational vehicles, trucks, snowmobiles, motorcycles and other seldom or seasonally used recreational equipment shall be provided within the park. A minimum of 300 square feet of space, exclusive of driveways, shall be provided for every 10 mobile/manufactured homes. Bulk storage and parking areas shall be separated from other parking facilities and shall be provided with some means of security. The requirements of this subsection may be waived by the city when the park developer agrees to prohibit the storage of such items within the park. All bulk storage and parking areas shall be hard surfaced with asphaltic concrete, or crushed gravel, if approved by the city engineer. Crushed gravel bulk storage and parking areas, if approved by the city engineer, shall be surfaced with no less than three inches of crushed gravel and maintained in a dust-free condition. (Ord. 3164 § 9, 2020; Ord. 2852 § 10 (Exh. A), 2011).
(1) The owner of a mobile/manufactured home park shall be responsible for the development and maintenance of the park in strict conformity with the MHP rezone, the binding site plan, and all applicable laws and ordinances. The Marysville community development department shall have jurisdiction over the owner in the event litigation is commenced by the city to enforce such compliance.
(2) A mobile/manufactured home park shall have internal rules and regulations governing, at a minimum, the following:
(a) A requirement that all tenants comply with city inspection codes at the time a mobile/manufactured home is installed or modified;
(b) A requirement that all tenants comply with city zoning code restrictions relating to the use of their mobile/manufactured home and lot;
(c) A requirement that all landscaping, buffer areas, recreational areas and facilities, storage areas, streets, walkways and other common areas and facilities be continuously maintained to at least the minimum standard required by the city and approved by the community development director at the time of initial occupancy.
(3) A mobile/manufactured home park shall have a resident manager who shall be the agent of the owner with authority to communicate directly with the city officials regarding compliance with city codes and requirements, and who shall be responsible for the enforcement of park rules and regulations. (Ord. 2852 § 10 (Exh. A), 2011).
The city of Marysville assumes responsibility for issuing permits, conducting inspections, and enforcing federal, state and local standards for the installation of mobile/manufactured homes. Said function shall be performed by the city building official. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Prior to the location, relocation, establishment or occupancy of any mobile/manufactured home, the mobile/manufactured home owner or authorized representative shall obtain a permit from the city building department. Application for the permit shall be made on forms prescribed and furnished by the department.
(2) No person, firm, partnership, corporation or other entity may install a mobile home unless he, she or it owns the mobile home, is a licensed mobile home dealer, or is a contractor registered under Chapter 18.27 RCW.
(3) Permit Fees.
(a) Single-wide: $200.00.
(b) Double-wide: $300.00.
(c) State Building Code Council surcharge (SBCC fee): $4.50.
Where a mobile/manufactured home is established as a residence without a permit as required herein, the fee shall be doubled; but the payment of such doubled fee shall not relieve any person from fully complying with all the requirements of this chapter, nor from any other penalties prescribed herein.
(4) Each permit issued by the building department for a mobile/manufactured home shall be valid until the mobile/manufactured home is moved to another location, whether on the same or different property. (Ord. 2852 § 10 (Exh. A), 2011).
Building permits shall be required pursuant to Chapter 16.04 MMC for all accessory structures on a mobile/manufactured home lot, including awnings, porches, steps, decks, storage sheds and carports. (Ord. 2852 § 10 (Exh. A), 2011).
(1) No person may occupy or allow or suffer another person to occupy a mobile/manufactured home before the installation of the same has been inspected and approved by the city building official.
(2) The installer shall request an inspection after all aspects of the installation, other than installation of the foundation facia, have been completed. The building official will inspect the installation within five business days after he receives the request. If the inspection is not completed within five business days, the tenant or owner may occupy the mobile/manufactured home at his or her own risk. Occupancy before inspection does not imply city approval.
(3) The building official shall approve the installation of a mobile/manufactured home, and allow the same to be occupied, if the installation complies with the installation requirements of this chapter and the conditions of the permit. If the installation does not so comply, the building official shall provide the installer with a list of corrections that the installer must make. The list of corrections shall state a date by which the corrections must be completed. The building official shall re-inspect the installation after the corrections are completed. If the items that require correction do not endanger the health or safety of the occupants, or substantially affect the habitability of the mobile/manufactured home, the building official may permit the owner of the home to occupy it. (Ord. 2852 § 10 (Exh. A), 2011).
The city adopts and incorporates herein by reference all installation standards and all inspection and enforcement rules relating to mobile/manufactured homes, as now or hereafter specified in WAC Title 296. Said standards relate to site preparation, foundation system footings, foundation system piers, foundation system plates and shims, foundation facia, anchoring systems, and on-site assembly of units. The same shall be administered and enforced by the city building official. (Ord. 2852 § 10 (Exh. A), 2011).
All mobile/manufactured homes to be located within the city of Marysville that do not bear an insignia of approval from the Washington State Department of Labor and Industries, or the U.S. Department of Housing and Urban Development, and for which the owner can demonstrate proof that the home was located within the city of Marysville prior to January 1, 1982, shall, to the extent feasible, be inspected by the city building official, following payment of all applicable fees, for the following livability and health-safety criteria before relocating:
(1) The home must have safe, operable heating facilities.
(2) The home must be equipped with a water lavatory, bathtub or shower, and kitchen sink; be provided with hot and cold running water; and all facilities shall be installed and maintained in a safe and sanitary condition.
(3) All electrical service-entrance conductors, service equipment, switches, lighting outlets, power outlets and appliances shall be maintained in a safe manner.
(4) The home must be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness.
(5) All openable windows and doors must be in openable condition to provide for adequate natural ventilation and emergency exit.
(6) An operable smoke detector shall be installed within the home.
(7) The home shall be structurally sound with no apparent hazardous conditions in the floors, walls, ceilings and roofs.
(8) The home shall be well maintained, free of debris and infestations of insects, vermin or rodents.
(9) The inspection form shall include a statement that inspection does not constitute a warranty that the home is safe or livable. (Ord. 2852 § 10 (Exh. A), 2011).
(1) Mobile/manufactured home parks established prior to the effective date of this code shall continue to be governed by all standards relating to density, setbacks, landscaping and off-street parking in effect at the time they were approved. Enlargements or increases in density to an existing mobile/manufactured home park shall be subject to current drainage and frontage improvement standards;
(2) Placement of mobile homes, manufactured homes, recreational vehicles, tiny houses with wheels, and accessory structures shall be governed by the dimensional standards in effect when the mobile/manufactured home park was approved. Where internal setbacks are not specified, the setback standards outlined in the International Building Code (IBC), International Residential Code (IRC) and the International Fire Code (IFC) shall apply;
(3) Recreational vehicles and tiny houses with wheels utilized as a primary residence are permitted subject to the utility requirements set forth in MMC 22C.230.070(8);
(4) An existing mobile/manufactured home park may be enlarged or increased in density; provided, the proposed enlargement or increase in density meets the standards set forth in MMC 22C.230.050 through 22C.230.070;
(5) Insignia mobile homes may be installed in established mobile/manufactured home parks; provided, that all mobile homes supported by piers shall be fully skirted;
(6) The placement of new accessory structures and replacement mobile homes shall comply with Chapter 22E.010 MMC, Critical Areas Management. (Ord. 3164 § 10, 2020; Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter shall be to ensure that recreational vehicle parks are located, developed and occupied in accordance with standards and regulations which will protect the health, safety, general welfare and convenience of the occupants of such parks and the citizens of the city of Marysville. (Ord. 2852 § 10 (Exh. A), 2011).
(1) No recreational vehicle shall be occupied overnight unless the same is parked inside an approved recreational vehicle park. An exception to this rule may be granted for temporary use of a recreational vehicle under the authority of a permit issued by the city that specifically sets forth the limitations of the recreational vehicle’s use and the period of time it may be used.
(2) Any person occupying a recreational vehicle overnight in any park, on any street, or on any city owned parking lot or city owned property, improved or unimproved, is subject to the penalties set forth in Chapter 7.05 MMC.
(3) No recreational vehicle shall be occupied for commercial purposes anywhere in the city of Marysville. An exception to this rule may be granted for temporary uses as defined in Chapter 22C.110 MMC, subject to strict compliance with the requirements of said section.
(4) No recreational vehicle shall be used as a permanent place of abode, or dwelling, for indefinite periods of time. Occupancy in a park for more than 180 days in any 12-month period shall be conclusively deemed to be permanent occupancy. Any action toward removal of wheels of a recreational vehicle, except for temporary purposes of repair, or placement of the unit on a foundation, is hereby prohibited.
(5) No external appurtenances, such as carports, cabanas or patios, may be attached to any recreational vehicle while it is in a park.
(6) No space within a recreational vehicle park shall be rented for any purpose other than those expressly allowed by this chapter.
(7) No person, company or corporation shall establish or modify a recreational vehicle park without first complying with the provisions of this chapter. (Ord. 3345 § 2 (Exh. B), 2025; Ord. 2852 § 10 (Exh. A), 2011).
Recreational vehicle parks may only be established on property within the city of Marysville which meets the following criteria:
(1) Recreational vehicle parks shall be allowed in all zones of the city except single-family and multiple-family residential zones.
(2) The minimum site area of a park shall be 10 acres. The maximum site area of a park, or combination of adjacent parks, shall be 15 acres. Parks shall be considered to be “adjacent” to one another unless they are separated by an unrelated land use, and not merely by a public or private street, easement or buffer strip.
(3) After development, the conditions of the soil, ground water level, drainage, and topography shall not create hazards to the property or to the health or safety of the occupants.
(4) Property under the jurisdiction of the Shoreline Management Act shall be excluded from development of recreational vehicle parks if it is designated as being in the natural environment.
(5) Parks shall be located with direct access to a major arterial or state highway and with appropriate frontage thereon to permit appropriate design of entrances and exits. No entrance or exit from a park shall be permitted through a residential district, nor require movement of traffic from the park through a residential district. (Ord. 2852 § 10 (Exh. A), 2011).
A recreational vehicle park shall be allowed only upon the issuance of a conditional use permit by the hearing examiner and city council. The owner, operator and occupants of a recreational vehicle park shall develop and use the park in strict compliance with the conditions imposed by the permit. The agency issuing the permit shall maintain continuing jurisdiction for the review and enforcement of said conditions. (Ord. 2852 § 10 (Exh. A), 2011).
Prior to occupancy of a recreational vehicle park, the owner shall obtain a permit from the Snohomish Health District and comply with all rules, regulations and requirements of said district. Said permit must be kept current at all times, subject to the park being closed. The rules, regulations and requirements of the health district shall be construed as being supplements to the provisions of this chapter. (Ord. 2852 § 10 (Exh. A), 2011).
A site plan shall be submitted with all applications for a recreational vehicle park. Said site plan shall be subject to review, modification, approval or denial by the agency issuing the permit. An approved final site plan shall constitute an integral part of the permit for the recreational vehicle park, and shall be binding upon the owner of the property, its successors and assigns. All development within the recreational vehicle park shall be consistent with the final site plan. Such plans may be modified or amended at the request of an owner upon receiving administrative approval by the community development director; provided, that if said modification or amendment affects the external impacts of the recreational vehicle park, or is determined by the community development director to be substantial in nature, then such modification or amendment shall be resubmitted to the hearing examiner as a conditional use permit application pursuant to MMC 22G.010.340. (Ord. 2852 § 10 (Exh. A), 2011).
All required site improvements and other conditions of the permit and final site plan shall be met prior to occupancy of any site by a recreational vehicle; provided, that completion may be accomplished by phases if approved by the community development director and security for performance in accordance with the provisions of Chapter 22G.040 MMC and acceptable to the community development director is received by the city. The community development director may also require security for maintenance for a period up to five years in accordance with the provisions of Chapter 22G.040 MMC. (Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this section is to establish minimum design standards for recreational vehicle parks.
(1) Density. The number of recreational vehicles permitted in a park shall not exceed a density of 20 units per gross acre. The agency issuing the permit may limit density further to ensure compatibility with the surrounding areas.
(2) Campsite Size. Each individual recreational vehicle site shall be not less than 800 square feet in size.
(3) Access Points. Entrances and exits to the park shall be designed for safe and convenient movement of traffic into and out of the park and to minimize friction with free movement of traffic on adjacent streets. All traffic into and out of the park shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached. No material impediment to visibility shall be created or maintained which obscures the view of an approaching driver in the right lane of the street within 100 feet of the intersection with the park entrance.
(4) Parking. At least one parking space shall be provided on each site. At least one parking space for each 20 sites shall be provided for visitor parking in the park.
(5) Internal Park Roads. All internal park roads shall be privately owned and maintained. They shall be constructed to all-weather standards, as approved by the city engineer. Park roads shall have a minimum improved width as follows:
(a) One-way road, no parking: 11 feet;
(b) One-way road with parking on one side, or two-way road with no parking: 18 feet;
(c) Two-way road with parking on one side: 27 feet;
(d) Two-way road with parking on both sides: 34 feet.
(6) Open Space/Recreational Facilities. A minimum of 20 percent of the site shall be set aside and maintained as open space for the recreational use of park occupants. Such space and location shall be accessible and usable by all residents of the park for passive or active recreation. Parking spaces, driveways, access streets, and storage areas are not considered to be usable open space. The percentage requirement may be reduced if substantial and appropriate recreational facilities (such as recreational buildings, swimming pool or tennis courts) are provided.
(7) Setbacks. No recreational vehicle site shall be closer than 35 feet from any exterior park property line abutting upon a major arterial, shoreline, or residential zone, or 20 feet from any other exterior park property line. Permanent structures within a park shall have minimum front and rear yards of 20 feet each, and minimum side yards of 10 feet each.
(8) Landscaping/Screening.
(a) The park shall provide visual screening and landscaping as required in perimeter setback areas and open space. Landscaping may consist of suitable ground cover, shrubs and trees; provided, that they are installed prior to the first occupancy of the park and are of such species and size as would normally fulfill a screening function within five years of being planted. Site development shall be sensitive to the preservation of existing vegetation;
(b) Along the exterior site boundary, a minimum 20-foot-wide screen landscaped to the L1 standards shall be provided (see Chapter 22C.120 MMC, Landscaping and Screening). It shall be designed and maintained to be aesthetically pleasing, and functional for site screening and noise buffering;
(c) Where needed to enhance aesthetics or to ensure public safety, recreational vehicle parks shall be enclosed by a fence, wall, earth mound or by other designs which will complement the landscape and assure compatibility with the adjacent environment;
(d) All trees, flowers, lawns and other landscaping features shall be maintained by the park management in a healthy growing condition at all times.
(9) Signs. Signs and advertising devices shall be prohibited in recreational vehicle parks except:
(a) If the park is visible from Interstate 5, one on-site identification sign complying with the standards of the State Highway Signage Code;
(b) One identifying sign at each entrance of the park, which may be indirectly lit, but not flashing. Said sign shall comply with Chapter 22C.160 MMC;
(c) Directional and information signs for the convenience of occupants of the park in compliance with Chapter 22C.160 MMC.
(10) Utilities. Electricity shall be provided to each recreational vehicle site. All utility lines in the park shall be underground and shall be approved by the agency or jurisdiction providing the service.
(11) Storm Drainage. Storm drainage control facilities shall be subject to approval by the city engineer and shall comply with the city’s storm sewer code.
(12) Public Facilities. Recreational vehicle parks shall provide the following public facilities in such quantity, size and location as is approved by the agency issuing the conditional use permit:
(a) A water distribution system connected to the city’s water utility;
(b) A water station for filling recreational vehicle water storage tanks;
(c) Restroom facilities containing showers and toilets connected to the city’s sewer utility, the minimum number of which shall be one commode and one shower for each 20 recreational vehicle sites;
(d) A sanitary waste station for emptying sewage holding tanks of recreational vehicles;
(e) Refuse containers for solid waste in adequate quantity shall be rented from and serviced by the city of Marysville garbage utility. Park garbage shall be picked up daily by park personnel, who shall also maintain the park free of any uncontrolled garbage. (Ord. 2852 § 10 (Exh. A), 2011).
Management headquarters, recreational facilities, restrooms, dumping stations, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to operation of a recreational vehicle park are permitted as accessory uses to the park. In addition, grocery stores and convenience shops shall be permitted as accessory uses in the discretion of the agency issuing the conditional use permit, subject to the following restrictions:
(1) Such establishments and the parking areas primarily related to their operations shall not occupy more than five percent of the gross area of the park.
(2) Such establishments shall present no visible evidence from any street outside the park of their commercial character which would attract customers other than occupants of the park.
(3) The structures housing such facilities shall not be located closer than 50 feet to any public street and shall not be directly accessible from any public street, but shall be accessible only from a street within the park. (Ord. 2852 § 10 (Exh. A), 2011).
(1) The owner of a recreational vehicle park shall be responsible for the development and maintenance of the park in strict conformity with the binding site plan, the conditional use permit, and all applicable laws and ordinances. Each park shall have an on-site manager available 24 hours per day, seven days per week.
(2) A written management plan shall be submitted for approval as a part of the conditional use permit process. It shall include, at a minimum, the proposed management structure, proposed park rules and regulations, and proposed methods to enforce occupancy limitations and other requirements of this chapter. (Ord. 2852 § 10 (Exh. A), 2011).
The purpose of this chapter is to:
(1) Establish clear regulations for the siting and design of wireless communication facilities consistent with federal regulations.
(2) Promote the health, safety, and general welfare of the public by regulating the siting of WCFs.
(3) Minimize impacts of WCFs and small cell wireless facilities on surrounding areas by establishing standards for location, structural integrity, and compatibility.
(4) Encourage the location and co-location of wireless communication equipment on existing structures.
(5) Minimize visual, aesthetic, public safety, and environmental and wildlife effects.
(6) Accommodate the growing need and demand for wireless communication services.
(7) Provide WCFs, small cell wireless facilities, and associated infrastructure a regulatory process that ensures that wireless communication providers are able to serve the city and its residential, educational, public safety and all other commercial users, as well as visitors, who use wireless services as well as providing consumers a choice of providers that compete on the basis of cost with continuous improvements in quality, reliability, and innovation.
(8) Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless services or to prohibit or have the effect of prohibiting personal wireless services.
(9) Encourage orderly development in a preferred hierarchy using concealed technologies.
(10) Encourage the development of WCFs and small cell wireless on a competitively neutral basis.
(11) Ensure compliance with the time frames outlined in 47 U.S.C. Sections 253(c) and 332(a), and Chapter 35.99 RCW, as amended. (Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011).
(1) If a conflict arises between this chapter and the provisions of another chapter regarding wireless communication facilities, this chapter shall govern.
(2) Facilities regulated by this chapter include the construction, modification, and placement of all WCFs, FCC-regulated amateur radio antennas, dish antennas, and any antennas used for MMDS or wireless cable, and wireless service facilities (i.e., cellular phone service, PCS – personal communication services, wireless paging services, wireless internet services, etc.). Wireless services shall be subject to the following regulations to the extent that such requirements:
(a) Do not unreasonably discriminate among providers of functionally equivalent services;
(b) Do not have the effect of prohibiting personal wireless services within the city of Marysville. (Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011).
The following are exempt from the provisions of this chapter:
(1) Amateur radio antennas operated by a federally licensed amateur radio operator as part of the amateur or business radio service are exempt from the provisions of this chapter, except MMC 22C.250.040 and 22C.250.090.
(2) Citizen band or two-way radio antenna including any mast.
(3) Satellite earth stations (satellite dishes) that are one meter (39.37 inches) or less in diameter in all residential districts and two meters or less in all other zoning districts and which are not greater than 20 feet above grade in residential districts and 35 feet above grade in all other zoning districts.
(4) A temporary wireless communications facility, for the purposes of:
(a) Providing coverage of a special event such as news coverage or sporting event, subject to approval by the city, except that such facility must comply with all federal and state requirements. Said wireless communications facility may be exempt from the provisions of this chapter up to one week prior and one week after the special event;
(b) Evaluating the technical feasibility of a particular site for placement of a WCF; or
(c) Providing emergency communications during a natural disaster or other emergencies which may threaten the public health, safety and welfare.
(5) In the event a building permit is required for any emergency repair, notification in writing to the director of community development shall occur within 24 hours of identification of the needed repair, and filing of the building permit application shall be done in compliance with the city’s adopted building code. (In the event a building permit is required for nonemergency maintenance, reconstruction, repair or replacement, filing of the building permit application shall be required prior to the commencement of such nonemergency activities.)
(6) Antenna modifications, provided there is no increase in the height of the antenna support structure; and provided, that the size of the replaced antennas is not increased.
(7) The siting of wireless service facilities is categorically exempt from the State Environmental Policy Act (SEPA) if the proposed facilities meet the requirements established in WAC 197-11-800(25) and MMC 22E.030.090(3)(a), as adopted or otherwise amended. (Ord. 3125 § 4 (Exh. C), 2019; Ord. 2988 § 1, 2015; Ord. 2852 § 10 (Exh. A), 2011).
The following table summarizes the types of proposal and required land use approvals. All proposals are subject to the siting hierarchy requirements of this chapter.
Amateur Radio Antennas | Combined on Existing WCF | Concealed Attached WCF | Concealed Co-location | Flush- or Nonflush-Mounted Antenna on Existing Antenna Support Structure | New Concealed Antenna Support Structure | Small Wireless Facility | WCF Consolidation |
|---|---|---|---|---|---|---|---|
P2 | P1 C | P1, 3 C | P1 C | P1 C | C | P4 | C |
P – Permitted Use. The use is allowed subject to the requirements of this code.
C – Conditional Use Permit. The use is allowed subject to the conditional use review procedures and requirements of this code.
Notes:
1. If the proposal does not extend the height of a structure outside the public right-of-way by more than 40 feet, and the structure is in compliance with the maximum allowed WCF height for the zone, it is demonstrated that the proposal is consistent with any previous relevant approval conditions.
2. Amateur radio antennas are permitted subject to MMC 22C.250.090.
3. Concealed attached WCFs proposed within the public right-of-way are subject to MMC 22C.250.070(3).
4. Small wireless facilities are permitted within public right-of-way in all zones subject to the standards outlined in this chapter. Small wireless facilities are not subject to MMC 22C.250.050 through 22C.250.080.
(Ord. 3129 § 3 (Exh. B), 2019; Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011).
In addition to any information required for CUP, ROW permit, or building permit review, an application for new WCFs or modifications to WCFs that require city approval shall provide the following information:
(1) A site plan showing existing and proposed WCFs, access, base station, ancillary structures, warning signs, fencing, landscaping and any other items necessary to illustrate compliance with the development standards of this chapter.
(2) A stamped statement by a state of Washington registered professional engineer that the support structure shall comply with EIA/TIA-222-G (as amended), and the allowable wind speed for the applicable zone in which the facility is located, and that describes the general structural capacity of any proposed WCF(s), including:
(a) The number and type of antennas that can be accommodated;
(b) The basis for the calculation of capacity; and
(c) A written statement that the proposal complies with all federal guidelines regarding interference and ANSI standards as adopted by the FCC, including but not limited to nonionizing electromagnetic radiation (NIER) standards.
Some or all of the requirements listed in this subsection may be waived for applications for attachments to utility poles, provided a letter is submitted from the appropriate utility agency accepting responsibility for design of the structure.
(3) A report by the applicant that includes a description of the proposed WCF, including height above grade, justification for the proposed height of the structure and evaluation of alternative designs which might result in lower heights, materials, color, lighting, and information demonstrating compliance with siting hierarchy.
(4) Where a permit for an attachment or co-location is required, the application shall also include the following information:
(a) The name and address of the operator(s) of proposed and existing antennas on the site;
(b) The height of any proposed antennas;
(c) Manufacture, type, and model of such antennas;
(d) Frequency, modulation, and class of service; and
(e) A description of the wireless communication service that the applicant intends to offer to provide or is currently offering or providing within the city.
(5) A detailed visual simulation of the wireless communication facility shall be provided along with a written report from the applicant, including a map showing all locations where an unimpaired signal can be received for that facility (propagation map).
(6) If applicable, approved franchise agreement, or completed franchise agreement application and related fees.
(7) Other information as the director of community development may reasonably require.
(8) Fees for review as established by the city’s most current fee resolution.
The community development director may release an applicant from having to provide one or more of the pieces of information on this list upon a finding that in the specific case involved said information is not necessary to process or make a decision on the application being submitted. (Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011).
Siting of antenna or support structures shall adhere to the siting hierarchy of this section. The order of ranking for antenna or antenna support structures, from highest to lowest, shall be 1, 2, 3, 4. Where letters (a, b) are present, a is preferable to b. Where a lower ranking alternative is proposed, the applicant must submit relevant information including but not limited to an affidavit by a licensed radio frequency engineer demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher ranking options are not technically feasible or justified given the location of the proposed wireless communications facility and network need.
Example: A new facility meeting the definition of a concealed consolidated WCF is proposed; the applicant demonstrates that the new facility cannot be sited under hierarchy (1)(a) through (1)(b). The applicant then demonstrates the new facility cannot be sited under hierarchy 2. The applicant then moves to hierarchy 3 and is able to propose a site.
1 | Co-location with existing antenna support structure: a. That requires no increase in pole or structure height. b. That requires an increase in pole or structure height, which shall comply with MMC 22C.250.080(3). |
2 | New concealed antenna support structure or concealed consolidation: • On developed, improved sites in nonresidential zoning districts; or • On publicly owned land. Concealed attached WCF: • Within public parks, public open spaces, and on other publicly owned land; or • Within public rights-of-way; or • Within nonresidential zoning districts or residential zoning districts on lots not used for single-family residential or middle housing purposes. |
3 | Concealed consolidations: a. In nonresidential zoning districts. b. In residential zoning districts on lots not used for single-family residential or middle housing purposes. |
4 | New concealed antenna support structure: a. In nonresidential zoning districts. b. In residential zoning districts on lots not used for single-family residential or middle housing purposes. |
The community development director may allow the siting of a facility in a location at a lower position in the hierarchy without demonstration that higher ranking options are not technically feasible or justified, provided the applicant demonstrates that the proposed facility location would result in a lesser visual/aesthetic impact and better meets the purposes of this chapter. (Ord. 3366 § 91 (Exh. MMMM), 2025; Ord. 3352 § 94 (Exh. MMMM), 2025; Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011).
(1) Co-located or combined facilities shall comply with the following requirements:
(a) Co-location of antennas onto existing antenna support structures meeting the dimensional standards of this chapter are permitted outright. Antenna mounts shall be flush-mounted onto existing antenna support structure, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area. Furthermore, an antenna shall only extend vertically above the uppermost portion of the structure to which it is mounted or attached as follows:
(i) Not more than 20 feet on a nonresidential structure; and
(ii) Not more than 15 feet on a multifamily structure.
(b) Co-location of antennas onto a new antenna support structure constructed after May 1, 2006, shall be concealed.
(c) At the time of installation, the WCF base station and ancillary structures shall be brought into compliance with any applicable landscaping requirements.
(d) A co-located or combined WCF, its new base station, and any new ancillary structures shall be subject to the setbacks of the underlying zoning district.
(e) When a co-located or combined WCF is to be located on a nonconforming building or structure, then it shall be subject to the nonconformance provisions of Chapter 22C.100 MMC.
(2) Concealed attached WCFs outside of the public ROW shall comply with the following requirements:
(a) Concealed antennas shall reflect the visual characteristics of the structure to which they are attached and shall be designed to architecturally match the facade, roof, wall, or structure on which they are affixed so that they blend with the existing structural design, color, and texture. This shall include the use of colors and materials, as appropriate. When located on structures such as buildings or water towers, the placement of the antenna on the structure shall reflect the following order of priority in order to minimize visual impact:
(i) A location as close as possible to the center of the structure; and
(ii) Along the outer edges or side-mounted; provided, that in this instance, additional means such as screens should be considered and may be required by the department on a case-by- case basis; and
(iii) When located on the outer edge or side-mounted, be placed on the portion of the structure less likely to be seen from adjacent lands containing, in descending order of priority, existing residences, public parks and open spaces, and public roadways.
(b) The top of the concealed attached WCF shall not be more than 40 feet above the existing or proposed nonresidential building or structure, or more than 15 feet above a residential building. Maximum height must be consistent with MMC 22C.250.080(3).
(c) Feed lines shall be contained within a principal building or encased and the encasement painted to blend and match the design, color, and texture of the facade, roof, wall, or structure to which they are affixed.
(3) Concealed attached WCFs proposed within the public right-of-way shall comply with the following requirements:
(a) An existing pole may be extended or replaced with a new pole, provided the original pole height may be increased by no more than the sum of the height of the wireless antenna(s) and necessary equipment, plus the minimum vertical separation distance as required by the utility agency.
(b) The pole must serve the original purpose and, if replaced, must be of similar appearance and composition as adjacent utility poles. The community development director may authorize the utilization of a composition material other than that of adjacent poles if it can be demonstrated that the utility’s engineering requirements necessitate that the different material be utilized.
(c) Antennas shall be flush-mounted.
(d) Field changes necessary in order to meet other utility agency requirements shall be reviewed and approved by the city prior to structure installation.
(4) Concealed antenna support structures shall comply with the following requirements:
(a) Upon application for a new concealed antenna support structure, the applicant shall provide a map showing all existing antenna support structures or other suitable nonresidential structures located within one-quarter mile of the proposed structure with consideration given to engineering and structural requirements.
(b) No new antenna support structure shall be permitted if an existing structure suitable for attachment of an antenna or co-location is located within one-quarter mile, unless the applicant demonstrates that the existing structure is physically or technologically unfeasible, or is not made available for sale or lease by the owner, or is not made available at a market rate cost, or would result in greater visual impact. The burden of proof shall be on the applicant to show that a suitable structure for mounting of antenna or co-location cannot be reasonably or economically used in accordance with these criteria.
(c) In residential districts, new concealed antenna support structures shall only be permitted on lots whose principal use is not single-family residential or middle housing, including but not limited to schools, churches, synagogues, fire stations, parks, and other public property.
(d) To the extent that there is no conflict with the color and lighting requirements of the Federal Communications Commission and the Federal Aviation Administration for aircraft safety purposes, new antenna support structures shall be concealed as defined by this title and shall be configured and located in a manner to have the least visually obtrusive profile on the landscape and adjacent properties.
New concealed antenna support structures shall be designed to complement or match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture and designed to blend with existing surroundings to the extent feasible. This shall be achieved through the use of compatible colors and materials, and alternative site placement to allow the use of topography, existing vegetation or other structures to screen the proposed concealed antenna support structure from adjacent lands containing, in descending order of priority: existing residences, public parks and open spaces, and public roadways.
(e) At time of application the applicant shall file a letter with the department, agreeing to allow co-location on the tower. The agreement shall commit the applicant to provide, either at a market rate cost or at another cost basis agreeable to the affected parties, the opportunity to co-locate the antenna of other service providers on the applicant’s proposed tower to the extent that such co- location is technically and structurally feasible for the affected parties.
(f) All new concealed antenna support structures up to 60 feet in height shall be engineered and constructed to accommodate no less than two antenna arrays. All concealed antenna support structures between 61 feet and 100 feet shall be engineered and constructed to accommodate no less than three antenna arrays. All concealed antenna support structures between 101 and 140 feet shall be engineered and constructed to accommodate no less than four antenna arrays.
(g) Those providing for co-location shall also submit a plan for placement of base station equipment for potential future providers and/or services provided by additional antenna arrays.
(h) Grading shall be minimized and limited only to the area necessary for the new WCF.
(5) Consolidation of WCFs shall comply with the following requirements; consolidation of two or more existing WCFs may be permitted pursuant to the provisions of this chapter, including a CUP and consideration of the following:
(a) WCF consolidation shall reduce the number of WCFs.
(b) If a consolidation involves the removal of WCFs from two or more different sites and if a consolidated WCF is to be erected on one of those sites, it shall be erected on the site that provides for the greatest compliance with the standards of this chapter.
(c) Consolidated WCFs shall be concealed.
(d) All existing base stations and ancillary equipment shall be brought into compliance with this chapter.
(e) New WCFs approved for consolidation of an existing WCF shall not be required to meet new setback standards so long as the new WCF and its base station and ancillary structures are no closer to any property lines or dwelling units than the WCF and base station and ancillary structures being consolidated. For example, if a new WCF is replacing an old one, the new one is allowed to have the same setbacks as the WCF being removed, even if the old one had nonconforming setbacks.
(f) If the consolidated WCF cannot meet the setback requirements, it shall be located on the portion of the parcel on which it is situated which, giving consideration to the following, provides the optimum practical setback from adjacent properties:
(i) Topography and dimensions of the site;
(ii) Location of any existing structures to be retained. (Ord. 3366 § 92 (Exh. NNNN), 2025; Ord. 3352 § 95 (Exh. NNNN), 2025; Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011).
(1) All WCFs shall:
(a) Be designed and constructed to present the least visually obtrusive profile.
(b) Use colors such as gray, blue, or green that reduce visual impacts unless otherwise required by the city of Marysville, the FAA, or the FCC.
(c) Flush-mounted antennas when feasible. Nonflush-mounted antennas are allowed only upon written demonstration by the applicant that flush mounting is not feasible.
(2) Base Stations.
(a) Base stations that are not located underground shall not be visible from public views.
(b) New base stations and ancillary structures shall be designed to complement or match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture and designed to blend with existing surroundings to the extent feasible. This shall be achieved through the use of compatible colors and building materials of existing buildings or structures on the property, and alternative site placement to allow the use of topography, existing vegetation or other structures to screen the base station and ancillary structures from pedestrian views. Where feasible, one building with multiple compartments shall be constructed to serve the total number of anticipated co-location tenants. If the applicant can demonstrate that one building is not feasible or practical due to site design or other constraints, then a site plan shall be provided to demonstrate how all potential base stations and ancillary structures will be accommodated within the vicinity of the WCF.
(3) Height Standards. The height of the antenna support structure shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower or, if higher, to the top of the highest antenna or piece of equipment attached thereto. The height of any WCF shall not exceed the heights provided in the table below.
Zone | Maximum Height |
|---|---|
GC, DC, DTC, CB, NB, GI, LI, MU, PI, WR-CB, WR-MU, MS, F | 140 feet |
R-4.5, R-6.5, R-8, WR-R-4-8, R-12, R-18, WR-R-6-18, R-28, FR, MMF, MH1, MH2 | 80 feet |
Open Space and Recreation | 140 feet |
Notes:
(1) New antenna support structures must comply with MMC 22C.250.070(4)(e) through (g).
(2) Increases to the height of an existing antenna support structure are permitted, provided:
(a) It is consistent with all conditions of the CUP authorizing the use and subsequent approvals thereafter;
(b) The existing conditions and the proposed changes are not in violation of the MMC;
(c) It is necessary to accommodate an actual co-location of the antenna for additional service providers or to accommodate the current provider’s antenna required to utilize new technology, provide a new service, or increase capacity;
(d) Height increases are limited to no more than 40 feet above the height of the existing antenna support structure unless explicitly allowed in the CUP;
(e) A nonconformance shall not be created or increased, except as otherwise provided by this chapter;
(f) A detailed certification of compliance with the provisions of this section is prepared, submitted, and approved.
(4) Setback Requirements.
(a) Antenna support structures outside of the right-of-way shall have a setback from property lines of 10 feet from any property line and 50 feet or one foot setback for every one foot in height from any residentially zoned property, whichever provides the greatest setback.
(b) Base stations shall be subject to the setback requirements of the zone in which they are located.
(c) The department shall consider the following criteria and give substantial consideration to on-site location; setback flexibility is authorized when reviewing applications for new antenna support structures and consolidations:
(i) Whether existing trees and vegetation can be preserved in such a manner that would most effectively screen the proposed tower from residences on adjacent properties;
(ii) Whether there are any natural landforms, such as hills or other topographic breaks, that can be utilized to screen the tower from adjacent residences;
(iii) Whether the applicant has utilized a tower design that reduces the silhouette of the portion of the tower extending above the height of surrounding trees.
(5) Landscaping and Fencing Requirements.
(a) All ground-mounted base stations and ancillary structures shall be enclosed with an opaque fence or fully contained within a building. In all residential zones, or a facility abutting a residential zone, or in any zone when the base station and ancillary structures adjoin a public right-of-way, the fence shall be opaque and made of wood, brick, or masonry. In commercial or industrial zones, if a chain-link fence is installed, slats shall be woven into the security fence. Required fencing shall be of sufficient height to screen all ground equipment and shall be subject to MMC 22C.010.380 and 22C.020.330. The city shall have the authority to determine the type of enclosure and materials required based upon review of existing site and surrounding conditions.
(b) Landscaping shall be done in accordance with Chapter 22C.120 MMC.
(c) When a fence is used to prevent access to a WCF or base station, any landscaping required shall be placed outside of the fence.
(d) Landscaping provisions may be modified in accordance with MMC 22C.120.190.
(6) Lighting Standards. Except as specifically required by the FCC or FAA, WCFs shall not be illuminated, except lighting for security purposes that is compatible with the surrounding neighborhood. Any lighting required by the FAA or FCC must be the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable to minimize the potential attraction to migratory birds. Dual lighting standards (white blinking light in daylight and red blinking light at dusk and nighttime) are required and strobe light standards are prohibited unless required. The lights shall be oriented so as not to project directly onto surrounding residential property, and consistent with FAA and FCC requirements.
(7) Signage. Commercial messages shall not be displayed on any WCF. The only signage that is permitted upon an antenna support structure, base station, or fence shall be informational, and for the purpose of identifying the antenna support structure (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable). If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the antenna support structure, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast letters (minimum letter height of four inches) the following: “HIGH VOLTAGE – DANGER.”
(8) Sounds. Maximum permissible sound levels to intrude into the real property of another person from a wireless communication facility shall not exceed 45 dB(A). In the case of maintenance, construction, and emergencies, these sound levels may be exceeded for short durations as required by the specific circumstance. (Ord. 3295 § 11 (Exh. K), 2023; Ord. 3260 § 13 (Exh. M), 2023; Ord. 3193 § 23, 2021; Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011).
Amateur radio antennas and support structures are subject to the following:
(1) Maximum height shall be 75 feet, measured pursuant to the definition of WCF height.
(2) Antennas or antenna support structures shall not be permitted in any setback area or within any front yard area. (Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22C.250.120).
Small wireless deployment includes small wireless facilities and small wireless networks. The following provisions establish design and concealment standards for small wireless deployments; provided, however, that any small wireless or small wireless network component that is not exempt under law or ordinance from critical areas, SEPA, or shoreline review shall comply with the applicable requirements set forth in Chapter 22E.010 MMC, Critical Areas Management, Chapter 22E.030 MMC, State Environmental Policy Act (SEPA), and Chapter 22E.050 MMC, Shoreline Management Master Program.
(1) Existing and Replacement Utility Poles and Structures in Areas Other Than the Design District and Underground Districts. Eligible small wireless facilities permitted under the provisions of a franchise approval shall be considered to have satisfied the design and concealment standards when installed on utility poles and structures within the public right-of-way.
(2) Small Wireless Deployments on Existing Utility Poles Not Approved Pursuant to a Franchise. Small wireless deployments on existing utility poles that have not been approved as an exhibit to the franchise or as a minor deviation thereto shall comply with the provisions of MMC 22C.250.130 and must seek approval pursuant to a permit issued as provided in this chapter.
(3) Replacement Utility Pole – Street Lighting. With the express permission of the city, a replacement utility pole or a new utility pole may take the form of a new streetlight standard except where prohibited by MMC 22C.250.130(5). The design of the streetlight standard shall be in accordance with adopted city construction standards when located outside of the design district or underground district. Replacement utility poles/streetlight standards located within the design district shall conform to the adopted streetscape design standard for the design district. Wherever technologically feasible, all equipment and cabling shall be internal to the replacement street lighting standard.
(4) Undergrounded Areas. In areas where utilities have been undergrounded, a service provider or infrastructure company desiring to locate any aboveground infrastructure in support of a small wireless deployment shall submit a concealment element plan in accordance with the provisions of MMC 22C.250.130(6). (Ord. 3129 § 3 (Exh. B), 2019; Ord. 3125 § 4 (Exh. C), 2019).
In addition to any information required for a right-of-way permit, the following information shall be provided by all applicants for a small wireless permit:
(1) The application shall provide a site plan with specific locational information that includes GIS coordinates of all proposed small wireless facilities and specify where the small wireless facilities will utilize existing, replacement or new poles, towers, existing buildings and/or other structures. Ground-mounted equipment, conduit, junction boxes and fiber and electrical connections necessary for and intended for use in the deployment shall also be specified regardless of whether the additional facilities are to be constructed by the applicant or leased from a third party. Detailed schematics and visual renderings of the small wireless facilities, including engineering and design standards, shall be provided by the applicant. The application shall have sufficient detail to identify:
(a) The location of overhead and underground public utility, telecommunication, cable, water, sewer drainage and other lines and equipment in the rights-of-way along the proposed route;
(b) The specific trees, structures, improvements, facilities, lines and equipment, and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate and a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or areas to be disturbed during construction.
(c) Compliance with the aesthetic design concealment requirements of MMC 22C.250.130.
(2) The applicant must show written approval from the owner of any pole or structure for the installation of its small wireless facilities on such pole or structure. Such written approval shall include approval of the specific pole, engineering and design standards from the pole owner, unless the pole owner is the city. Submission of the lease agreement between the owner and the applicant is not required. For city-owned poles or structures, the applicant must obtain a lease from the city prior to, or concurrent with, the small wireless permit application and must submit as part of the application the information required in the lease for the city to evaluate the usage of a specific pole.
(3) If the application is for a new or replacement light pole, then the applicant must provide a photometric analysis.
(4) The applicant can batch multiple small wireless facility sites in one application. The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area.
(5) Any application for a small wireless facility located in the right-of-way adjacent to a parcel zoned for residential use shall demonstrate that it has considered all of the following:
(a) Whether a small wireless facility is currently installed on an existing pole in front of the same residential parcel. If a small wireless facility exists, then the applicant must demonstrate that no technically feasible alternative location exists that is not in front of the same residential parcel.
(b) Whether the proposed small wireless facility can be screened from residential view by choosing a pole location that is not directly in front of a window or views. Within residential zones, small wireless facilities shall be located between property lines as depicted in Figures 1 and 2 below.
Figure 1
Small Cell Locations Between Property Lines and Trees.
Figure 2
(6) Any application for a small wireless permit that contains an element not exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 22E.030 MMC. Further, any application proposing small wireless facilities in shoreline management zones (pursuant to Chapter 22E.050 MMC) or in critical areas (pursuant to Chapter 22E.010 MMC) must indicate that the application is exempt or comply with the review processes in said codes.
(7) The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the small wireless facilities will comply with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the small wireless facility will operate. If facilities that generate RF radiation necessary to the small wireless facility are to be provided by a third party, then the small wireless permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions on the entire installation. The applicant may provide one emissions report for the entire small wireless deployment if the applicant is using the same small wireless facility configuration for all installations within that batch, or may submit one emissions report for each subgroup installation identified in the batch.
(8) The applicant shall provide proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed.
(9) A professional engineer licensed by the state of Washington shall certify in writing, under his or her seal, that both construction plans and final construction of the small wireless facilities and structure or pole and foundation are designed to withstand wind and seismic loads as established by the International Building Code. Further, the construction drawings shall depict all existing proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 250 feet from the proposed site. The construction drawings shall also include the applicant’s plan for electric and fiber utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small wireless facility.
(10) A traffic control plan as required by the city’s engineering design and development standards, and MMC Title 12.
(11) The small wireless facilities permit shall include those elements that are outlined in the city’s right-of-way permit application to allow the applicant to proceed with the build-out of the small wireless facility deployment.
(12) Recognizing that small wireless facility technology is rapidly evolving, the director is authorized to adopt and publish standards for the technological and structural safety of city-owned structures and to formulate and publish application questions for use when an applicant seeks to attach to city-owned structures. (Ord. 3125 § 4 (Exh. C), 2019).
(1) Design Districts. Design districts are hereby established for the following master plan areas and subareas of the city: downtown master plan area, East Sunnyside-Whiskey Ridge subarea, 88th Street master plan area, Lakewood Neighborhood master plan area, and Smokey Point master plan area. The boundaries of the design districts shall coincide with the boundaries of the above-referenced master plan areas and subareas as depicted in the respective master plan or subarea plan. The design districts create a well-coordinated, cohesive, and aesthetically pleasing experience within each respective district. The areas designated in the Marysville engineering design and development standards, and the rights-of-way of the streets within these master plan areas and subareas, are designated as design districts for the purpose of the application of the provisions of this chapter.
(2) Any applicant who desires to place a small wireless facility in a design district must first establish that the applicant cannot locate the small wireless facility outside of the design district. Applications for small wireless facilities in a design district may be approved if the applicant demonstrates that due to technical infeasibility the applicant cannot locate the proposed small wireless facility on an existing or replacement pole within 500 feet of the proposed site and outside of the design district.
(3) Applications for small wireless facilities within the design districts are subject to an administrative land use review, and the proposed small wireless facility will only be permitted if it receives approval for a concealment element design consistent with MMC 22C.250.130(6)(c).
Furthermore, wireless facilities within the design districts must comply with the design and construction standards established in the Marysville engineering design and development standards relating to streetlights to the extent reasonably applicable or adaptable to a proposed facility. (Ord. 3125 § 4 (Exh. C), 2019).
Small wireless facility deployments shall conform to the following design standards:
(1) Small wireless facilities attached to existing or replacement nonwooden light poles and other nonwooden poles in the right-of-way or nonwooden poles outside of the right-of-way shall conform to the following design criteria:
(a) Antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is otherwise technically infeasible, or is incompatible with the pole design, then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the pole or flush-mounted to the pole, meaning no more than six inches off of the pole, and must be the minimum size necessary for the intended purpose, not to exceed the volumetric dimensions of small wireless facilities. If the equipment enclosure is permitted on the exterior of the pole, the applicant is required to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs.
(b) The furthest point of any antenna or equipment enclosure from the face of a pole shall be the minimum distance needed to comply with the requirements of the pole owner, electrical codes, and antenna tilt.
(c) All conduit, cables, wires and fiber must be routed internally in the light pole. Full concealment of all conduit, cables, wires and fiber is required within mounting brackets, shrouds, canisters, or sleeves if attaching to exterior antennas or equipment.
(d) An antenna on top of an existing pole may not extend more than six feet above the height of the existing pole and the diameter may not exceed 16 inches, measured at the top of the pole, unless the applicant can demonstrate that more space is needed. The antennas shall be integrated into the pole design so that it appears as a continuation of the original pole, including being colored or painted to match the pole, and shall be shrouded or screened to blend with the pole, except for canister antennas which shall not require separate shrouding or screening. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole.
(e) Any replacement pole shall substantially conform to the design of the pole it is replacing or the neighboring pole design standards utilized within the contiguous right-of-way.
(f) The height of any replacement pole may not extend more than 10 feet above the height of the existing pole or the minimum additional height necessary; provided, that the height of the replacement pole cannot be extended further by additional antenna height.
(g) The diameter of a replacement pole shall comply with the city’s setback and sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25 percent increase of the existing nonwooden pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the base of the pole, and shall comply with the requirements in subsection (5)(d) of this section.
(h) The use of the pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed.
(2) Wooden Pole Design Standards. Small wireless facilities located on wooden poles shall conform to the following design criteria:
(a) The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities.
(b) A pole extender may be used instead of replacing an existing pole but may not increase the height of the existing pole by more than 10 feet, unless a further height increase is required and confirmed in writing by the pole owner and such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A “pole extender” as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.
(c) Replacement wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the city.
(d) Antennas, equipment enclosures, and all ancillary equipment, boxes, and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached.
(e) Antennas shall not be mounted more than 12 inches from the surface of the wooden pole.
(f) Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna enclosure shall not be more than three cubic feet in volume.
(g) A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in subsection (2)(a) of this section. A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches, measured at the top of the pole, and shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole.
(h) The furthest point of any antenna or equipment enclosure from the face of a pole shall be the minimum distance needed to comply with the requirements of the pole owner, electrical codes, and antenna tilt.
(i) An omnidirectional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket.
(j) All related equipment mounted on wooden poles, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit, shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required and is confirmed in writing by the pole owner.
(k) Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground-mounted pursuant to subsection (5)(a) of this section. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed 28 cubic feet. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs.
(l) An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so; provided, that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, does not exceed 28 cubic feet. The unified enclosure may not be placed more than six inches from the surface of the pole, unless a further distance is required and confirmed in writing by the pole owner. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs; provided, that such location does not interfere with the operation of the banners or signs.
(m) The visual effect of the small wireless facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible.
(n) The use of the wooden pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed.
(o) The diameter of a replacement pole shall comply with the city’s setback and sidewalk clearance requirements and shall not be more than a 25 percent increase of the existing utility pole measured at the base of the pole.
(p) All cables and wires shall be routed through conduits along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduits shall be minimized to the number technically necessary to accommodate the small wireless facility.
(3) Small wireless facilities attached to existing buildings shall conform to the following design criteria:
(a) Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building’s architectural theme.
(b) The interruption of architectural lines or horizontal or vertical reveals is discouraged.
(c) New architectural features, such as columns, pilasters, corbels, or other ornamentation that conceals antennas, may be used if they complement the architecture of the existing building.
(d) Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building.
(e) Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited.
(f) Small wireless facilities shall be painted and textured to match the adjacent building surfaces.
(4) Small wireless facilities mounted on cables strung between existing utility poles shall conform to the following standards:
(a) Each strand-mounted facility shall not exceed three cubic feet in volume;
(b) Only one strand-mounted facility is permitted per cable between any two existing poles;
(c) The strand-mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than five feet from the pole, unless a greater distance is technically necessary or is required by the pole owner for safety clearance;
(d) No strand-mounted device shall be located in or above the portion of the roadway open to vehicular traffic;
(e) Ground-mounted equipment to accommodate a strand-mounted facility is not permitted except when placed in preexisting equipment cabinets;
(f) Pole-mounted equipment shall comply with the requirements of subsections (1) and (3) of this section;
(g) Such strand-mounted devices must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand); and
(h) Strand-mounted facilities are prohibited on nonwooden poles.
(5) General Requirements.
(a) Ground-mounted equipment in the rights-of-way is prohibited, unless such facilities are placed underground or the applicant can demonstrate that pole-mounted or undergrounded equipment is technically infeasible. If ground-mounted equipment is necessary, then the applicant shall submit a concealment element plan. Generators located in the rights-of-way are prohibited.
(b) No equipment shall be operated so as to produce noise in violation of Chapter 6.76 MMC.
(c) Small wireless facilities are not permitted on city-owned light poles or traffic signal poles unless denial of the siting could be a prohibition or effective prohibition of the applicant’s ability to provide telecommunications service in violation of 47 U.S.C. Sections 253 and 332.
(d) Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), city construction and sidewalk clearance standards, city ordinance, and state and federal laws and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement or new pole must be physically possible, comply with applicable traffic warrants, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health or safety.
(e) Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole.
(f) No signage, message or identification other than the manufacturer’s identification or identification required by governing law is allowed to be portrayed on any antenna or equipment enclosure. Any permitted signage shall be located on the equipment enclosures and be of the minimum amount possible to achieve the intended purpose (no larger than four by six inches); provided, that signs are permitted as concealment element techniques where appropriate.
(g) Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of a concealment element plan.
(h) Side arm mounts for antennas or equipment must be the minimum extension necessary and for wooden poles may be no more than 12 inches off the pole and for nonwooden poles no more than six inches off the pole.
(i) The preferred location of a small wireless facility on a pole is the location with the least visible impact.
(j) Antennas, equipment enclosures, and ancillary equipment, conduit and cable shall not dominate the structure or pole upon which they are attached.
(k) Except for locations in the right-of-way, small wireless facilities are not permitted on any property containing a residential use in the residential zones.
(l) The city may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights-of-way when assessing proposed siting locations so as to not adversely affect the visual character of the city. This provision shall not be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant.
(m) These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape.
(6) New Poles in the Rights-of-Way for Small Wireless Facilities and All Installations in the Design Districts.
(a) New poles within the rights-of-way are permitted only if the applicant can establish that:
(i) The proposed small wireless facility cannot be located on an existing utility pole or light pole, on an electrical transmission tower, or on a site outside of the public rights-of-way such as a public park, public property, building, transmission tower, or in or on a nonresidential use in a residential zone whether by roof- or panel-mount or separate structure;
(ii) The proposed small wireless facility receives approval for a concealment element design, as described in subsection (6)(c) of this section;
(iii) The proposed small wireless facility also complies with the Shoreline Management Act, Growth Management Act, and SEPA, if applicable; and
(iv) No new poles shall be located in a critical area or associated buffer required by the city’s critical areas ordinance (Chapter 22E.010 MMC), except when determined to be exempt pursuant to said ordinance.
(b) An application for a new pole is subject to an administrative land use review and approval.
(c) The concealment element design shall include the design of the screening, fencing, or other concealment technology for a tower, pole, or equipment structure and for all related transmission equipment or facilities associated with the proposed small wireless facility, including but not limited to fiber and power connections.
(i) The concealment element design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the rights-of-way, including similar height to the extent technically feasible. If the proposed small wireless facility is placed on a replacement pole in the design districts, then the replacement pole shall be of the same general design as the pole it is replacing, unless the public works and community development directors otherwise approve a variation due to aesthetic or safety concerns. Any concealment element design for a small wireless facility on a decorative pole should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the decorative pole. Other concealment methods include, but are not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color, and texture as the surface against which the installation will be seen or on which it will be installed, landscape design, or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wire lines are installed internally in the structure. Further, applicant designs should, to the extent technically possible, comply with the generally applicable design standards adopted herein.
(ii) If the director has already approved a concealment element design either for the applicant or another small wireless facility along the same public right-of-way or for the same pole type, then the applicant shall utilize a substantially similar concealment element design, unless it can show that such concealment element design is not physically or technologically feasible or that such deployment would undermine the generally applicable design standards.
(d) Even if an alternative location is established pursuant to MMC 22C/250.120(2), the director may determine that a new pole in the right-of-way is in fact a superior alternative based on the impact to the city, the concealment element design, the city’s comprehensive plan, and the added benefits to the community.
(e) Prior to the issuance of a permit to construct a new pole or ground-mounted equipment in the right-of-way, the applicant must obtain a site-specific agreement from the city to locate such new pole or ground-mounted equipment. This requirement also applies to replacement poles where the overall height of the replacement pole and the proposed small wireless facility is more than 60 feet.
(f) These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections of the streetscape.
Examples of unacceptable and acceptable small wireless facilities:
Figure 3
Figure 4
(Ord. 3129 § 3 (Exh. B), 2019; Ord. 3125 § 4 (Exh. C), 2019).
(1) Review. The following provisions relate to review of applications for a small wireless facility permit:
(a) In any zone, upon application for a small wireless permit, the city will permit small wireless deployment on existing or replacement utility poles conforming to the city’s generally applicable development and design standards, adopted pursuant to MMC 22C.250.130, except as provided in subsection (2) of this section.
(b) Vertical clearance shall be reviewed by the public works director or designee to ensure that the small wireless facilities will not pose a hazard to other users of the rights-of-way.
(c) Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner’s express written consent.
(2) Community Development Department. The following requires particular review by the community development department:
(a) Small wireless deployment in areas designated as a design district pursuant to MMC 22C.250.120, which will be reviewed for compliance with MMC 22C.250.130(6);
(b) New non-city-owned poles, which will be reviewed for compliance with MMC 22C.250.130(6);
(c) Replacement poles deviating from the pole design standards adopted pursuant to MMC 22C.250.130, as such replacement poles must seek authorization pursuant to MMC 22C.250.160.
(3) Eligible Facilities Requests. The design approved in a small wireless facility permit shall be considered concealment elements and such facilities may only be expanded upon an eligible facilities request described in MMC 22C.250.200 when the modification does not defeat the concealment elements of the small wireless facility.
(4) Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 U.S.C. Sections 253 and 332 and other applicable statutes, regulations, and case law. Applicants for franchises and the small wireless facility permits shall be treated in a competitively neutral and nondiscriminatory manner with other service providers, utilizing supporting infrastructure that is functionally equivalent; that is, service providers whose facilities are similarly situated in terms of structure, placement, or cumulative impacts. Small wireless facility permit review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services.
(5) Final Decision. Any decision by the director shall be final and not be subject to administrative appeals.
(6) Public Comment. The city shall provide notice of a complete application for a small wireless facility permit on the city’s website, with a link to the application. The notice shall include an email contact and telephone number for the applicant to answer citizen inquiries. The applicant is encouraged to host informational meetings for the public regarding the deployment. The city shall post meeting notices, if any, for informational meetings on its website. These meetings are for the public’s information and are neither hearings nor part of any land use appeal process.
(7) Withdrawal. Any applicant may withdraw an application submitted pursuant to MMC 22C.250.110 at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or by their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the director’s decision, then reimbursement of fees submitted in association with said application shall be prorated to withhold the amount of city costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the director’s decision, there shall be no refund of all or any portion of such fee.
(8) Supplemental Information. Failure of an applicant to provide additional information as requested pursuant to MMC 22C.250.110(12) by the community development director within 60 days of notice by the director shall be deemed a denial of that application, unless an extension period has been requested of, and approved by, the director. (Ord. 3125 § 4 (Exh. C), 2019).
(1) The grantee of any permit shall comply with all of the requirements within the small wireless permit.
(2) Small wireless facilities shall apply for and be issued a right-of-way use permit to install such small wireless facilities in accordance with the standard requirements of the city for use of the right-of-way.
(3) Post-Construction Record Drawings. Within 30 days after construction of the small wireless facility, the grantee shall provide the city with record drawings of the small wireless facilities demonstrating compliance with the permit and site photographs.
(4) Permit Time Limit. Construction of the small wireless facility must be completed within one year after the approval date by the city. The grantee may request one extension, to be limited to three months, if the applicant cannot construct the small wireless facility within the original one-year period.
(5) Site Safety and Maintenance. The grantee must maintain the small wireless facilities in safe and working condition. The grantee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site. (Ord. 3129 § 3 (Exh. B), 2019; Ord. 3125 § 4 (Exh. C), 2019).
(1) The community development director may authorize minor deviations designated by the applicant in an application for a small wireless permit, from the dimensional design and concealment techniques referenced in the exhibits to the franchise or the design standards.
(2) Deviations in the height, dimension or volume of small wireless facilities which are necessary to conform the facilities to the requirements of the pole owner, to provide adequate safety clearances or to address similar technical issues may be approved as minor deviations; provided, that the deviations do not cause the facility to exceed the height and volumetric limitations contained in the definition of a small wireless facility. Replacement of components of an existing, approved small wireless facility which do not exceed the volumetric limitations contained in the definition of a small wireless facility may also be approved as a minor deviation; provided, however, in each instance the modified facilities do not defeat the concealment requirements set by the city’s generally applicable aesthetic, design and concealment standards or a concealment plan approved pursuant to this chapter.
(3) The decision of the director to approve a small wireless permit with a minor deviation, if any, shall be final and is not subject to review under city code.
(4) A small wireless facility permit shall not be required for routine maintenance and repair of a small wireless facility within the rights-of-way or for the replacement of an antenna or equipment of similar size, weight, and height; provided, that such replacement does not defeat the concealment elements used in the original deployment of the small wireless facility, does not impact the structural integrity of the pole, and does not require pole replacement. Further, a small wireless facility permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facility. However, routine maintenance, repair, or replacement shall comply with Chapter 12.02A MMC and the Marysville engineering design and development standards (EDDS), including the general standards applicable to the use of the rights-of-way described in MMC Title 12. (Ord. 3125 § 4 (Exh. C), 2019).
(1) The issuance of a small wireless permit grants authority to construct small wireless facilities in the rights-of-way in a consolidated manner to allow the applicant, in most situations, to avoid the need to seek duplicative approval by both the public works and the community development departments. If the applicant requires a new franchise to utilize the right-of-way, the franchise approval may be consolidated with the small wireless facility permit review if requested by the applicant. As an exercise of police powers pursuant to RCW 35.99.040(2), the small wireless facility permit is not a right-of-way use permit, but instead a consolidated public works and land use permit, and the issuance of a small wireless facility permit shall be governed by the time limits established by federal law for small wireless facilities.
(2) The general standards applicable to the use of the rights-of-way described in MMC Title 12 and the Marysville engineering design and development standards shall apply to all small wireless facility permits. (Ord. 3125 § 4 (Exh. C), 2019).
Congress and the Federal Communications Commission (FCC) have, pursuant to the authority granted by 47 U.S.C. Sections 253(c) and 332(a), required local governments to act on wireless communication facility applications within a reasonable period of time and have established time limits or “shot clocks” for local review. The Washington State Legislature has also adopted similar limitations under the provisions of Chapter 35.99 RCW. Accordingly, the city adopts the following time limits for review of applications for eligible facility requests, small wireless permits, and other approvals for service providers of telecommunication services. (Ord. 3125 § 4 (Exh. C), 2019).
The city shall make every reasonable effort to comply with the requirements of 47 CFR Sections 1.40001 and 1.6003 and the presumptively reasonable time periods for review established therein and identified in the table below:
Facility Type | Time Frame for Review (commences at submittal) | Days to Determine Application Completeness |
|---|---|---|
Eligible Facilities Modification | 60 days | 30 days |
Small Wireless Facility (SWF) on Existing Structure | 60 days | 10 days |
Small Wireless Facility (SWF) on New Structure | 90 days | 10 days |
Wireless Communication Facility Co-location, excluding SWF | 90 days | 30 days |
Wireless Communication Facility – Nonco-location (e.g., new tower, pole, structure), excluding SWF | 150 days | 30 days |
(Ord. 3125 § 4 (Exh. C), 2019).
(1) Application Review.
(a) Application. The community development director or designee shall prepare and make publicly available an application form that shall be limited to the information necessary for the city to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification.
(b) Type of Review. Upon receipt of an application for an eligible facilities request pursuant to this chapter, the director shall review such application to determine whether the application qualifies as an eligible facilities request.
(c) Time frame for review shall be as outlined in MMC 22C.250.190.
(d) Determination That Application is Not an Eligible Facilities Request. If the director determines that the applicant’s request does not qualify as an eligible facilities request, the director shall deny the application. To the extent additional information is necessary, the director may request such information from the applicant to evaluate the application under other provisions of this chapter and applicable law.
(2) Failure to Act. In the event the director fails to approve or deny a request for an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
(3) Remedies. Both the applicant and the city may bring claims related to Section 6409(a) of the Spectrum Act to any court of competent jurisdiction. (Ord. 3125 § 4 (Exh. C), 2019).
A substantial change is a modification that substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
(1) For towers other than towers in the public right-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;
(2) For towers other than towers in the public right-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(3) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public right-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;
(4) It entails any excavation or deployment outside the current site;
(5) It would defeat the concealment elements of the eligible support structure; or
(6) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above. (Ord. 3125 § 4 (Exh. C), 2019).
A decision of the community development director or designee made in accordance with this chapter, including assessment of fees as provided herein, shall be considered a final administrative land use decision. (Ord. 3125 § 4 (Exh. C), 2019).
(1) Each permit granted pursuant to this chapter shall contain a condition which requires the permittee to reimburse the city for all direct and indirect expenses reasonably incurred in connection with the modification, amendment, or transfer of the permit.
(2) Each permittee shall be required to reimburse the city for all direct and indirect expenses not otherwise covered by permit application fees reasonably incurred while reviewing, inspecting, and supervising the construction, installation, and/or maintenance of a WCF authorized by a permit granted pursuant to this chapter.
(3) Costs incurred by the city in response to any emergency at the WCF shall be included within the reimbursable expenses set forth in this section. (Ord. 3125 § 4 (Exh. C), 2019).
Each permittee shall maintain its WCF or small wireless facilities in a good and safe condition and preserve its original appearance and concealment, disguise, or camouflage elements incorporated into the design at the time of approval and in a manner which complies with all applicable federal, state, and local requirements. Such maintenance shall include, but not be limited to, such items as painting, repair of equipment, and maintenance of landscaping. (Ord. 3125 § 4 (Exh. C), 2019).
All licensed carriers shall demonstrate that the WCF or small wireless facilities comply with FCC regulations by submitting a copy of the nonionizing electromagnetic radiation (NIER) report with any WCF permit application and a revised NIER report with any update of facilities that increases NIER. (Ord. 3125 § 4 (Exh. C), 2019).
(1) Each licensed carrier shall submit manufacturer’s specification sheets of the equipment to be deployed to demonstrate compliance with state and city noise regulations. The carrier shall conduct tests, if necessary, to demonstrate compliance with all applicable local regulations regarding the noise emissions of the WCF. All such tests shall be performed by or under the supervision of a qualified acoustical consultant competent to perform such tests and interpret the data gathered.
(2) Where determined necessary by the community development director, all licensed carriers shall submit a report, certified by a qualified acoustical consultant, setting forth the observed noise levels at the property line of the property upon which the WCF is located. The report shall account for background noise and other noise sources and demonstrate the noise levels emitted by the WCF, including any air conditioning or ventilation equipment contained therein.
(3) Compliance reports shall be required when necessary to address existing or ongoing noise concerns.
(4) The city may retain a technical expert in environmental noise measurement to verify the noise measurements and certification. The cost of such a technical expert shall be borne by the licensed carrier.
(5) This section shall not apply to any WCF that does not contain air conditioning equipment. (Ord. 3129 § 3 (Exh. B), 2019; Ord. 3125 § 4 (Exh. C), 2019).
All WCFs shall be protected from unauthorized use through appropriate means approved by the director on a case-by-case basis consistent with the purpose of protecting the public health, safety, and welfare. (Ord. 3125 § 4 (Exh. C), 2019).
The city may retain the services of an independent technical expert such as a registered professional electrical engineer accredited by the state of Washington who holds a federal communications general radio telephone operator license. The engineer will provide technical evaluation of permit applications for WCFs or small cell wireless facilities. The applicant shall pay all the costs of said review. (Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22C.250.090).
Whenever the city encounters radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one or more WCFs, the following steps shall be taken:
(1) Upon notification by the city to WCF service providers potentially interfering with public safety communications equipment, the providers shall cooperate and coordinate with the city and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety “Best Practices Guide,” released by the FCC in February 2001, including the “Good Engineering Practices,” as may be amended or revised by the FCC from time to time.
(2) If any WCF owner fails to cooperate with the city in complying with the owner’s obligations under this section, or if the FCC makes a determination of radio frequency interference with the city public safety communications equipment, the owner who fails to cooperate and/or the owner of the WCF which caused the interference shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the city for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the jurisdiction to determine the source of the interference. For the purposes of this subsection, “failure to cooperate” shall include failure to initiate any response or action as described in the “Best Practices Guide” within 24 hours of the city’s notification. (Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22C.250.100).
(1) Discontinuance or Abandonment. Any WCF that is not operated for a period of 12 months shall be considered abandoned, and the owner of such WCF shall remove the WCF within 90 days of receipt of notice from the governing authority notifying the owner of such abandonment. If such WCF is not removed within said 90 days, the governing authority may remove the WCF at the owner’s expense. An extension may be requested and granted for up to 12 months by the community development director if good cause is shown, the WCF is maintained, and conditions would not be detrimental to the public health, safety, or general welfare. If there are two or more users of a single WCF, then this provision shall not become effective until all users cease using the WCF. (Ord. 3125 § 4 (Exh. C), 2019; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22C.250.110).
In addition to the remedies and process set forth in Chapter 22I.010 MMC, a permit issued pursuant to this chapter may be revoked for the following reasons:
(1) Construction and/or maintenance operation of a WCF or small wireless facilities at an unauthorized location;
(2) Construction or operation of a WCF or small wireless facilities in violation of any of the terms and conditions of this chapter or the conditions attached to the permit;
(3) Misrepresentation or lack of candor by or on behalf of an applicant, permittee, or wireless communications service provider in any application or written or oral statement upon which the city substantially relies in making the decision to grant, review or amend any permit pursuant to this chapter;
(4) Abandonment of a WCF as set forth in this chapter;
(5) Failure to relocate or remove facilities as required in this chapter; or
(6) Failure to promptly cure a violation of the terms or conditions of the permit. (Ord. 3125 § 4 (Exh. C), 2019).
In the event that the city believes that grounds exist for revocation of a permit, the permittee shall be given written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the permittee a reasonable period of time not exceeding 30 calendar days to furnish evidence:
(1) That corrective action has remedied the violation or noncompliance;
(2) That rebuts the alleged violation or noncompliance; and/or
(3) That it would be in the public interest to impose some penalty or sanction less than revocation. (Ord. 3125 § 4 (Exh. C), 2019).
(1) In the event that a permittee fails to provide evidence reasonably satisfactory to the city as provided in MMC 22C.250.320, the city shall refer the apparent violation or noncompliance to the hearing examiner. The city shall provide the permittee with notice as described in MMC 22G.010.110 and 22G.010.120, and a reasonable opportunity to be heard concerning the matter and a public hearing shall be conducted.
(2) The hearing examiner shall provide a decision as outlined in MMC 22G.060.110.
(3) In making its decision, the hearing examiner shall apply the following factors:
(a) Whether the misconduct was egregious;
(b) Whether substantial harm resulted;
(c) Whether the violation was intentional;
(d) Whether there is a history of prior violations of the same or other requirements;
(e) Whether there is a history of overall compliance; and
(f) Whether the violation was voluntarily disclosed, admitted or cured. (Ord. 3125 § 4 (Exh. C), 2019).
The purpose of this section is to support local business owners, stimulate economic vitality, and protect public health and safety associated with the operation of mobile food vending units. (Ord. 3206 § 2, 2022).
Mobile food vendors operating on private property shall provide the city with the following information:
(1) All mobile food vendors shall require a business license per Chapter 5.02 MMC.
(2) A site plan depicting the following:
(a) Vehicle ingress and egress;
(b) Location of the mobile food vending unit, signs, and accessory equipment such as tables and canopies, if any; and
(c) Site conditions including property lines, parking, and buildings.
(3) Photograph of the mobile food vending unit, proposed signs, and any accessory equipment.
(4) Copy of Snohomish health district permit.
(5) Evidence of current Washington State vehicle registration.
(6) The mobile food vendor must obtain a signed agreement between the property owner and the mobile food vendor allowing use of the property for the mobile food business including written permission from the property owner for employees of the mobile food vendor to use the property owner’s restroom. Portable restrooms are not permitted on site.
(7) Certificate of public liability insurance in an amount not less than $500,000 for injuries, including those resulting in death, resulting from any one occurrence, and on account of any one accident.
(8) Property damage insurance of not less than $25,000 for damages on account of any one accident or occurrence. (Ord. 3206 § 2, 2022).
The following general regulations apply to mobile food vendors:
(1) Mobile food vending units shall be temporary in nature, and may not operate from the same property more than three days of any calendar week, or 12 days per month.
(2) The hours of operation for mobile vending are limited to 7:00 a.m. to 11:00 p.m.
(3) No portion of the mobile food vending unit may be used as sleeping quarters.
(4) All attachments to the mobile food vending unit including, but not limited to, signs, lights, overhangs and awnings, shall be maintained in a manner that does not create a hazard to pedestrians, customers or vehicles.
(5) Mobile food vendors shall not obstruct sidewalks, streets, access points, fire lanes, or parking lot circulation by either the location of the mobile food vending unit or its accessories.
(6) The mobile food vendor shall comply with Chapter 16.12 MMC, National Electrical Code and Washington Cities Electrical Code, for electrical service to the mobile food vending unit. Electrical lines shall not be located overhead or on the ground in any location to which the public has access.
(7) All mobile food vending units shall obtain fire district approval prior to operating in the city and shall comply with all fire district standards.
(8) Trash and Other Waste.
(a) The mobile food vendor shall leave the site clean and vacant each day, including picking up all trash and litter within 100 feet of the mobile food vending unit.
(b) Trash receptacles not intended for customer use shall be screened from public view and securely covered.
(c) The mobile food vendor shall install and maintain an adequate grease trap in the mobile food vending unit.
(d) Grease shall be properly disposed of per adopted Washington State health regulations.
(e) Wastewater generated by the mobile food vending unit shall be disposed of in a proper manner and documented. (Ord. 3206 § 2, 2022).
(1) Mobile food vending units shall be prohibited in the following areas:
(a) Any residential zones and abutting rights-of-way.
(b) City rights-of-way.
(c) Private streets.
(d) Parking areas unless it can be demonstrated that the minimum parking requirements are met on each site.
(e) Mobile food vending units may be allowed within the prohibited areas in subsections (1)(a) through (c) of this section if approved as part of a special event permit, or when approved to be located on a city-owned property.
(2) Mobile food vending may be allowed on city-owned properties approved pursuant to either city contract, or a special event permit per Chapter 5.46 MMC and MMC 22C.260.050.
(3) Mobile food vending units shall be located at least 100 feet from an existing eating and drinking place except when the legal owner of the eating and drinking place provides written permission for the vending unit to be located closer. Distance shall be measured using the shortest possible straight line from the closest edge of the mobile food vending unit to the closest edge of the restaurant building.
(4) Mobile food vending units are allowed on private properties in commercial, industrial, recreation and public institutional zones. Mobile food vendors are subject to the following requirements:
(a) One portable pop-up tent that does not exceed 120 square feet or up to three tables with beach type umbrellas may be permitted accessory to the mobile food vending unit. No cooking shall take place under the tent. Umbrellas and canopies must be removed at the end of the day.
(b) The mobile food vending unit may not diminish required off-street parking for another use.
(c) The mobile food vending unit shall conform to the standard front setback for the zoning district.
(d) All temporary signage associated with the mobile food vending unit shall be limited to 10 square feet. (Ord. 3206 § 2, 2022).
Mobile food vendors may operate on private and public properties as part of an approved special event permit, subject to the following:
(1) Management of vendors, such as vendor selection, booth location and products offered, shall be the responsibility of the event sponsor. Through the special event permit process, the city may regulate the location of vendors to protect the health, safety and general welfare of the public and ensure that the event does not adversely affect the ability of the city to perform its duties and functions.
(2) The event sponsor shall be responsible for ensuring that the vendors who prepare food or beverages on or off site, and who intend to sell or serve food or beverage items to the public, have the required insurance policy as required by the city’s current insurance provider. Said insurance shall list the city of Marysville as additional insured and will include the endorsement of said policy.
(3) The event sponsor shall be responsible for ensuring that all food vendors have the necessary permits from the Snohomish health district or other applicable state or county regulatory agency. (Ord. 3206 § 2, 2022).
A mobile food vendor, permitted pursuant to this chapter, may have its license revoked, suspended, or denied subject to MMC 5.02.130 if the city finds:
(1) The vendor has violated or failed to meet the terms of this chapter or other applicable sections of the municipal code or conditions of approval; or
(2) The mobile food vending unit operation is detrimental to the surrounding businesses or to the public due to either appearance or conditions of the unit. (Ord. 3206 § 2, 2022).
This chapter provides standards so that clean energy sources can be encouraged while ensuring compatibility of the energy system with the principal use of the property and minimizing adverse impacts on surrounding properties. (Ord. 2870 § 3, 2011).
Solar panels or arrays are permitted as an accessory use to commercial and residential uses subject to the following conditions:
(1) The solar panel or array must not be located within a required setback, or on a structure within a required setback;
(2) Solar panels or arrays may extend above the base height for the zone; provided, that they are mounted at the minimum height necessary to generate usable energy;
(3) The solar panel or array shall not cause excessive glare or reflections so as to constitute a hazard to pedestrians and/or vehicular traffic;
(4) Any installation of a solar panel or array shall comply with any and all applicable provisions of the International Building Code, International Residential Code, International Fire Code, and National Electrical Code;
(5) The solar panel, array, and/or accessory components located on the ground shall be located in the side or rear yards in residential zones, and screened with a minimum six-foot-tall, sight-obscuring fence in both residential and commercial zones. The community development director may waive or modify the screening requirement under the following circumstances:
(a) The screening will render the solar system ineffective and there are no suitable alternative locations on site to locate the solar system where screening is feasible; or
(b) Where abutting uses will not be adversely affected by an unscreened solar system due to existing physical improvements, physiographic features, landscaping and/or other factors.
(6) No interconnected solar energy system shall be installed unless evidence has been submitted to the city that the utility company has been informed of the customer’s intent to install an interconnected customer-owned, solar energy system. Off-grid systems shall be exempt from this requirement. (Ord. 2870 § 3, 2011).
The purpose of this chapter is to:
(1) Provide for a needed community service while ensuring that adequate public facilities are available to the residents of enhanced services facilities; and
(2) Promote compatibility with surrounding land uses. (Ord. 3196 § 4 (Exh. B), 2021).
The standards in this chapter apply to any “enhanced services facility,” as defined in Chapter 22A.020 MMC. (Ord. 3196 § 4 (Exh. B), 2021).
At least 15 days prior to filing an application with the city to establish an enhanced services facility, the owner and/or sponsor shall mail written notice to owners of contiguous properties and to the community development department of their intention to establish the facility. The notice shall list the name and contact information for the owner or sponsor, in order to provide neighboring property owners the opportunity to contact them with questions, and include a description of the proposed facility, its location, and proposed number of residents. The owner or sponsor shall address questions or concerns from neighboring property owners to the extent possible in the management plan required by MMC 22C.280.040. When the formal application for the enhanced services facility is received, notice shall be provided in accordance with MMC 22G.010.090. (Ord. 3196 § 4 (Exh. B), 2021).
The owner or sponsor of the facility shall provide the community development director with a management plan for the facility addressing the following:
(1) How the facility can appropriately meet the assessed needs of potential residents through appropriate staffing and best management practices;
(2) Potential impacts on nearby residential uses and proposed methods to mitigate those impacts;
(3) Facility management, including 24-hour contact information for persons responsible to resolve concerns pertaining to the facility, and procedures for updating neighbors with changes in contact information;
(4) Staffing, supervision and security arrangements appropriate to the facility; and
(5) A communications plan for providing information to the surrounding neighborhood. (Ord. 3196 § 4 (Exh. B), 2021).
(1) Figure 1 in this section identifies properties eligible for enhanced services facilities.
Figure 1.
Click for high-resolution PDF
(Ord. 3196 § 4 (Exh. B), 2021).
(1) The facility shall obtain all necessary licenses, certificates and approvals from state and federal agencies.
(2) The facility shall serve only individuals who do not pose a direct threat and a significant risk to others, and who have been assessed as medically and psychiatrically stable.
(3) No more than one enhanced services facility shall be permitted per site.
(4) Enhanced services facilities shall be limited to not more than 16 residents.
(5) No enhanced services facilities shall be located within one-quarter mile of any other.
(6) No enhanced services facility shall be located within 300 feet of an existing day care or school. Existing day cares or schools are those that were established on or prior to the effective date of Ordinance 3196 adopted October 11, 2021. (Ord. 3196 § 4 (Exh. B), 2021).
The purpose of this chapter is to:
(1) Establish reasonable standards to allow and establish a review process for the location, siting and operation of emergency housing and shelters as defined in MMC 22A.020.060; and
(2) Protect public health and safety of the residents and broader community by requiring safe operation of the facilities. (Ord. 3205 § 9, 2022).
(1) The standards in this chapter apply to emergency housing and emergency shelters, as defined in MMC 22A.020.060.
(2) This chapter does not include regulations for temporary transitory accommodations, transitional housing or permanent supportive housing. (Ord. 3205 § 9, 2022).
(1) At least 15 days prior to filing an application with the city to establish an emergency housing or emergency shelter facility, the owner and/or sponsor shall mail written notice to owners within 600 feet of the boundaries of the proposed site and to the community development director of their intention to establish the facility. The notice shall list the name and contact information for the owner and/or sponsor, if any, in order to provide neighboring property owners the opportunity to contact them with questions, and include a description of the proposed facility, its location, and proposed number of residents. The owner or sponsor shall address questions or concerns from neighboring property owners, to the extent possible, in the operations/management plan required by MMC 22C.290.040(5). When the formal application for the supportive housing facility is received, notice of application shall be provided in accordance with MMC 22G.010.090.
(2) Permit applications for an emergency housing or emergency shelter facility must be made on forms prescribed by the city. (Ord. 3205 § 9, 2022).
(1) Emergency housing and emergency shelter facilities shall comply with MMC Title 16, Building.
(2) If provided, exterior lighting must be directed downward and glare must be contained within the facility site to limit the impact on neighboring properties. Additional lighting may be provided if requested by neighboring properties.
(3) The sponsor and/or property owner shall ensure compliance with Washington State laws and regulations, the Marysville Municipal Code (MMC), and Snohomish health district regulations.
(4) Parking requirements shall be in accordance with Chapter 22C.130 MMC, Parking and Loading. No on-street parking shall be allowed.
(5) An operations plan must be provided by the sponsor and/or property owner at the time of application that addresses the following elements to the satisfaction of the city:
(a) Name and contact information for key staff;
(b) Roles and responsibilities of key staff;
(c) Site/facility management, including a security and emergency plan;
(d) Site/facility maintenance;
(e) 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;
(f) Provision of human and social services, including staffing plan and outcome measures;
(g) Outreach with surrounding property owners and residents and ongoing good neighbor policy; and
(h) Procedures for maintaining accurate and complete records;
(i) Additional information as requested by the community development director to ensure current best practices for emergency housing and indoor emergency shelters are used.
(6) A description of transit, pedestrian, and bicycle access from the subject site to services must be provided at time of application by the sponsor and/or the property owner.
(7) On-site supervision must be provided at all times, unless it can be demonstrated through the operations plan that this level of supervision is not warranted for the population being housed. Details related to on-site supervision, such as the persons/positions identified for on-site supervision and shift schedule, are required.
(8) Sponsors and/or owners shall either:
(a) Demonstrate experience providing similar services to people experiencing homelessness; or
(b) Provide certifications or academic credentials in an applicable human service field;
(c) Should a sponsor and/or managing agency not have any of the preceding qualifications, additional reasonable measures may be required to minimize risk to both residents of the supportive housing facility and the broader community.
(9) Sponsors and/or owner shall demonstrate a stable funding source for the facility and any on-site or off-site human and social services offered as part of the operations plan.
(10) The sponsor and/or managing agency shall designate points of contact and provide contact information (24-hour accessible phone contact) to the Marysville police department (MPD).
(11) Facilities shall not be located closer than 600 feet to an elementary school, middle school, or high school. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing school and the closest property line of the proposed facility.
(12) In residential zones, no more than one adult bed per 200 square feet of floor area is allowed per facility.
(13) Residents shall have access to the following services on site; if not provided on site, transportation shall be provided to each service:
(a) For all facilities, medical services, including mental and behavioral health counseling.
(b) For emergency housing facilities, access to resources on obtaining permanent housing and access to employment and education assistance.
(c) For emergency shelter facilities, substance abuse assistance.
(14) In residential zones, social services for people experiencing homelessness must be provided off site. Direct intake of residents at the site is not allowed, unless approved by the city with additional details provided in the operations plan.
(15) Trash receptacles must be provided in multiple locations throughout the facility and site. A regular trash patrol in the immediate vicinity of the site must be provided.
(16) All functions associated with the facility, including adequate waiting space, must take place within a building or on the site proposed to house the facility.
(17) The number of toilets and other hygiene facilities required for each facility will be determined by the community development director on a case-by-case basis in consultation with the Snohomish health district after a review of factors such as the potential number and composition of residents.
(18) Facilities serving more than five residents shall have dedicated space for residents to meet with service providers.
(19) Residents and staff must comply with all Snohomish health district requirements related to food donations.
(20) No children under the age of 18 are allowed to stay overnight in the facility, unless accompanied by a parent or guardian, or unless the facility is licensed to provide services to this population. If a child under the age of 18 without a parent or guardian present attempts to stay in a facility not specifically licensed for providing housing to youth, the sponsor and/or managing agency shall immediately contact Child Protective Services and actively endeavor to find alternative housing for the child.
(21) For health and safety reasons, the sponsor and/or managing agency shall perform background checks and obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information.
(22) Level 1 sex offenders may be permitted in the facility, following the registration requirements. Level 2 and Level 3 sex offenders are prohibited from the facility. Should the sponsor and/or managing agency become aware of a current or prospective facility resident who is an unregistered sex offender, it shall immediately contact the Marysville police department. The sponsor and/or managing agency shall provide notice to prospective residents that the sponsor and/or managing agency will report any current or prospective resident who is an unregistered sex offender to the Marysville police department.
(23) The sponsor or managing agency shall coordinate with the homelessness service providers for referrals to their program and with other providers of facilities and services for people experiencing homelessness to encourage access to all appropriate services for their residents. (Ord. 3205 § 9, 2022).
The purpose of this chapter is to apply the design standards and guidelines in the Lakewood neighborhood master plan, as adopted by Ordinance No. 3053, as legally required standards for all new construction in the Lakewood neighborhood master plan area (“MPA”). It is also the purpose of this chapter to:
(1) Encourage the realization and creation of a desirable and aesthetic environment in the Lakewood neighborhood MPA;
(2) Encourage and promote development which features amenities and excellence in site planning, streetscape, building design and contribution to community charm;
(3) Encourage creative approaches to the use of land and related physical developments;
(4) Provide clear objectives for those embarking on the planning and design of projects in the Lakewood neighborhood;
(5) Increase awareness of design considerations among the citizens of the Lakewood neighborhood; and
(6) Bring the range of uses together by individual site plans that will:
(a) Demonstrate how the elements of the site relate to the street front;
(b) Provide for compatibility with adjacent land uses;
(c) Provide protection or mitigation of natural features;
(d) Enhance street fronts and street corners;
(e) Promote public safety;
(f) Incorporate service areas and storm water facilities in a nonobtrusive manner; and
(g) Provide convenient pedestrian and vehicle circulation connecting on-site activities with adjacent pedestrian routes and streets. (Ord. 3265 § 3 (Exh. A), 2023).
(1) Applicability.
(a) The design guidelines set forth in the Lakewood neighborhood master plan, as adopted by Ordinance No. 3053, shall apply to all new construction in the Lakewood neighborhood MPA, as depicted in Figure 1.
(b) The design guidelines shall be legally required standards, which shall be applied by the city to all development approvals and permits in the Lakewood neighborhood MPA.
(c) The following activities shall be exempt from these standards and guidelines:
(i) Construction activities which do not require a building permit;
(ii) Interior remodels of existing structures;
(iii) Modifications or additions to existing multifamily, commercial, industrial, office and public properties when the modification or addition:
(A) Constitutes less than 10 percent of the existing horizontal square footage of the use or structure; and
(B) Constitutes less than 10 percent of the existing building’s exterior facade.
(d) Where the standards in this chapter conflict with other standards outlined in MMC Title 22, Unified Development Code, the director shall determine which regulation applies based on which is more in the public interest and more consistent with the comprehensive plan.
(2) Interpreting and Applying the Design Standards.
(a) These standards capture the community visions and values as reflected in the comprehensive plan’s neighborhood planning areas. The city’s community development director retains full authority to determine whether a proposal meets these standards.
(b) Within these standards, certain words are used to indicate the relative importance and priority the city places upon a particular standard.
(i) The words “shall,” “must,” “will,” and “is/are required,” or words with their equivalent meaning, mean that the development proposal must comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance; or
(B) The development proposal meets the intent of the standards in some other manner.
(ii) The word “should,” or words with its equivalent meaning, means that the development proposal will comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance;
(B) The development proposal meets the intent of the standards in some other manner; or
(C) There is convincing evidence that applying the standard would not be in the public interest.
(iii) The words “is/are encouraged,” “can,” “consider,” “help,” and “allow,” or words with their equivalent meaning, mean that the action or characteristic is allowed and will usually be viewed as a positive element in the city’s review.
(c) 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.(Ord. 3265 § 3 (Exh. A), 2023).
The Lakewood neighborhood MPA encompasses planning area no. 11, as identified in Section 4, Land Use Element, of the Marysville Comprehensive Plan, and is generally bounded by the Burlington Northern Santa Fe railroad on the west, the city’s urban growth area boundary north of 172nd Street NE, Interstate 5 on the east, and 140th Street NE on the south. Near 172nd Street NE, the planning area extends across the railroad to include Lakewood schools. At the south tip of Lakewood, the area again extends west of the railroad, as identified in Figure 1:

Figure 1 – Map of the Lakewood Neighborhood Master Plan Area
(Ord. 3265 § 3 (Exh. A), 2023).
(1) Applicability.
(a) 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.
(b) The site and building design standards of this section apply to multifamily and townhome developments, whereas only subsections (2) and (4) of this section apply to single-family developments.
(2) Relationship of Buildings to Site and Street Front and Open Space.
(a) The site shall be oriented and designed to create an attractive street edge and accommodate pedestrian access. The following provisions apply:
(i) The street edge shall be defined with buildings, landscaping or other features.
(ii) Primary building entrance(s) shall face the street unless it is not feasible due to parcel size, topography, environmental conditions, or other factors as determined by the director, and alternate design elements are incorporated into the facade which enliven the streetscape. Alternatively, for multifamily projects, building entries that face onto a courtyard which is oriented towards the street are acceptable. Multifamily residential buildings that face common open space shall also provide a prominent building entry facing the street conforming to subsection (8) of this section.
(iii) Buildings with individual ground floor entries should face the street and/or common open space to the extent possible. Alternatively, for multifamily projects, configurations where entries face onto a courtyard or open space that is oriented to the street are acceptable.
(iv) Buildings shall provide windows that face the street to provide “eyes on the street” for safety. To meet this requirement, at least 15 percent of the facade facing the street shall be occupied by transparent windows or doors. See Figure 2.
Figure 2 – Illustration of facade transparency requirements which enhance safety and the relationship to the street front
(v) Provide for a sidewalk at least five feet wide if there is not space in the public right-of-way.
(vi) Provide building entries that are accessed from the sidewalk. These pathways must be separated from parking and drive aisles and must not cross a parking lot.
(vii) Unless the building is immediately adjacent to the public ROW, the yard or open space between the street and the building front shall be landscaped. At least 20 percent of the landscaped area shall be trees and shrubs.
(viii) Private ground floor living spaces directly facing a public ROW and within 60 feet of the street shall be screened with planting (shrubs and trees) at least two feet high.
(b) The development shall create a well defined streetscape to allow for the safe movement of pedestrians.
(c) For multifamily residences, no more than 50 percent of the total public street front may be occupied by parking 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 pedestrian-oriented streets. If none are designated, then only one street frontage. Parking lots shall not be located at the intersection of public streets.
(d) For properties facing 172nd Street NE, buildings shall be set back sufficiently to provide space for the public multi-use pathway, storm water management, landscaping, utilities, or other multi-use trails as determined by the director. Additionally, all residential buildings should be set back at least 20 feet from the public multi-use pathway and be landscaped with a mix of trees, shrubs, and ground cover. At least 50 percent of the landscaping must be trees and shrubs. The public trail should be distinguished from a semi-private yard with a short fence, hedge, or retaining wall (maximum four feet in height). The director may exempt the development from providing street trees if they are provided by the public improvement package.
(e) Relationship to Common Open Spaces or Designated Pedestrian Streets. The following applies to residential buildings facing common open spaces.
(i) For residences that do not have ground floor living spaces (e.g., that have a ground floor garage facing the park), there should be at least a five-foot planting strip along the base of the building with shrubs and small trees planted to form a continuous screen at least six feet tall (three years after planting) along the building facade. The residence must have upper story windows or a balcony facing the open space, and there must be no blank walls facing the open space on any floor, except the ground floor when screened with the plantings as noted above (see Figure 3).
Figure 3 – Planting requirements for residences without a ground floor living space fronting a common open space
(ii) For residences with ground floor living spaces facing the open space, the building must feature at least one of the public/private space transition elements described below:
(A) Deck or Porch Option. Provide at least a 60-square-foot porch or deck raised at least one foot above grade. The porch or deck must be at least six feet wide, measured perpendicular to the house face. (The deck may be recessed into the house floor plan so that the deck extends out from the house less than six feet). A low fence, rail or planting, two feet to four feet high, is recommended. A porch roof or weather protection is optional. (See Figure 4).
Figure 4 – Deck or porch option for residence/common open space transition
(B) Private Open Space Option. Provide at least a 10-foot-wide private open space along the face of the residence. The space may be paved or landscaped but must be delineated with a fence or planting two to four feet high. (See Figure 5).
Figure 5 – Private open space option for residence/common open space transition
(C) Landscaped Area. Provide a landscaped area at least eight feet wide along the face of the building. The plantings must reach three feet high within three years after planting.
(D) Raised Ground Floor. If the residence’s ground floor is at least three feet above the grade adjacent to the building, then the landscaped area in subsection (2)(e)(ii)(C) of this section, may be reduced to four feet wide.
(E) Other transition design measure that adequately protects the privacy and comfort of the residential unit and the attractiveness and usefulness of the common open space at least as effectively as subsections (2)(e)(ii)(A) through (2)(e)(ii)(D) of this section, as determined by the city.
(F) A combination of the options described above; e.g., the residence could feature a smaller deck plus some additional private open space.
Figure 6 – Note how the porches and the landscaping elements provide a graceful and inviting entrance transition from the public space to the private realm
(3) Relationship of Buildings and Site to Adjoining Area.
(a) Where adjacent buildings and neighborhoods are consistent with the comprehensive plan and desired community character, new buildings and structures should achieve the visual continuity between the proposed and existing development building setbacks, placement of structures, location of pedestrian/vehicular facilities and spacing from adjoining buildings.
(b) Solar access of the subject and adjacent properties should be considered in building design and location.
(c) Attractive landscape transition to adjoining properties shall be provided.
(d) Public and quasi-public buildings and structures shall be consistent with the established neighborhood character.
(4) Landscape and Site Treatment.
(a) 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:
(i) The landscape plan shall demonstrate visual screening from parking areas.
(ii) The landscape plan shall provide some physical separation between vehicular and pedestrian traffic.
(iii) Where feasible, the landscape plan shall integrate natural approaches to storm water management, including featured low impact development techniques.
(iv) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.
(v) Screening of outdoor service yards and other places which tend to be unsightly shall be accomplished by use of walls, fencing, planting, berms or combinations of these.
(vi) Landscaping should be designed to create definition between public and private spaces.
(vii) Where feasible, the landscape plan shall coordinate the selection of plant material to provide a succession of blooms, seasonal color, and a variety of textures.
(viii) The landscape plan shall provide a transition in landscaping design between adjacent sites, within a site, and from native vegetation areas in order to achieve greater continuity.
(ix) The landscape plan shall use plantings to highlight significant site features and to define the function of the site, including parking, circulation, entries, and open spaces.
(b) Street Landscaping. Where the site plan includes streetscape plantings, the following guidelines apply:
(i) Sidewalks and pathways should be separated from the roadway by planting strips with street trees wherever possible. Street trees, at least two-inch caliper, with spacing averaging no more than 30 feet on center, shall be provided, species as approved by the director.
(ii) Planting strips should generally be at least five feet in width. Evergreen shrubs should be no more than four feet in height and/or ground cover in accordance with the city of Marysville landscape standards (Chapter 22C.120 MMC) and Marysville administrative landscaping guidelines.
(iii) Street trees placed in tree grates may be more desirable than planting strips in pedestrian areas where space is limited.
(iv) Use of trees and other plantings with special qualities (e.g., spring flowers and/or good fall color) are strongly encouraged.
(c) 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:
(i) All publicly accessible areas shall be lighted with average minimum and maximum levels as follows:
(A) Minimum (for low or nonpedestrian and vehicular traffic areas) of one-half foot candle;
(B) Moderate (for moderate or high volume pedestrian areas) of one to two foot candles; and
(C) Maximum (for high volume pedestrian areas and building entries) of four foot candles.
(ii) Lighting shall be provided at consistent levels, with gradual transitions between maximum and minimum levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and dark areas shall be avoided.
(iii) Parking lot lighting shall be subject to the provisions set forth in MMC 22C.130.050(3)(d).
(iv) Pedestrian-scale lighting (light fixtures no taller than 15 feet) is encouraged in areas with high anticipated pedestrian activity. All fixtures over 15 feet in height shall be fitted with a full cut-off shield, be dark sky rated, and mounted no more than 25 feet above the ground with lower fixtures preferable so as to maintain a human scale. Lighting shall enable pedestrians to identify a face 45 feet away in order to promote safety.
(v) Light levels at the property line should not exceed 0.1 foot candles (fc) adjacent to business properties, and 0.05 foot candles adjacent to residential properties. All building lights shall be directed onto the building itself and/or the ground immediately adjacent to it. The light emissions should not be visible above the roofline of the building. Light fixtures other than traditional cobra heads are encouraged.
(vi) Limited uplighting on trees and provisions for seasonal lighting are acceptable.
(vii) Limited accent lighting on architectural and landscape features is encouraged to add interest and focal points.
(5) Site Design Utilizing Crime Prevention Through Environmental Design (CPTED) Principles. Development that is subject to this section shall incorporate the following CPTED strategies into building design and site layout:
(a) 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.
(b) 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.
(c) 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.
(d) Examples of ways in which a proposal can comply with CPTED principles are outlined in the CPTED guidelines for project design and review, prepared by the city.
(6) Building Design – Human-Scale Standards. The human-scale standards are intended to encourage the use of building components that relate to the size of the human body, and to add visual interest to buildings. “Human scale” addresses the relationship between a building and the human body. Generally, buildings attain a good human scale when they feature elements or characteristics that are sized to fit human activities, such as doors, porches, and balconies. A minimum of four of the following human-scale building elements shall be incorporated into the new development:
(a) 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;
(b) Bay windows or other window treatments that extend out from the building face;
(c) At least 150 square feet of pedestrian-oriented space for each 100 lineal feet of building facade;
(d) Individual windows, generally less than 16 square feet per pane and separated from the windows by at least a six-inch molding;
(e) Porches of at least 100 square feet in area;
(f) Spatially defining building elements, such as a trellis, overhang, canopy, or other element, that define space that can be occupied by people;
(g) Upper story setbacks, provided one or more of the upper stories are set back from the face of the building at least six feet;
(h) Smaller building elements near the entry of pedestrian-oriented street fronts of large buildings;
(i) Landscaping components that meet the intent of these standards; and/or
(j) 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.
Figure 7 – An example of balconies that have been integrated into the architecture of the building
(7) Building Design – Architectural Scale. The architectural scale standards are intended to encourage compatibility of structures with nearby structures, to help the building fit in with its context, and to add visual interest to buildings.
(a) Vertical Facade Modulation. All new residential buildings shall provide modulation (measured and proportioned inflection or setback in a building’s facade) on facades facing a street, common open space, public area, or common parking area as follows:
(i) Buildings with facades that are 30 feet or longer shall provide vertical modulation of the exterior wall that extends through all floors; provided, that where horizontal modulation is used, different stories may be modulated at different depths.
(ii) The minimum modulation depth shall be three feet and the minimum modulation width for each modulation shall be 10 feet. On facades that are 100 feet or longer, the minimum depth of modulation shall be five feet and the minimum width for each modulation shall be 20 feet.
(iii) The minimum modulation depth identified in subsection (7)(a)(ii) of this section may be reduced to two feet if tied to a change in color or building materials, and/or roofline modulation as defined in subsection (7)(c) of this section.
(iv) The director may consider departures from these standards, provided the proposed treatment meets or exceeds the intent of these standards.
(b) Facade Articulation. All new residential buildings shall include three of the following articulation features at intervals of no more than 30 feet along all facades facing a street, common open space, public area, and common parking areas:
(i) Repeating distinctive window patterns at intervals of no more than 30 feet (see Figure 8 below for an example).
(ii) Horizontal modulation (upper level step-backs, see Figure 9). To qualify for this measure, the minimum horizontal modulation shall be five feet.
(iii) Balconies that are recessed or projected from the facade at least 18 inches and integrated with the building’s architecture as determined by the director.
(iv) Change of building materials.
(v) Articulation of the building’s top, middle, and bottom. This typically includes a distinctive ground floor or lower floor design, consistent articulation of middle floors, and a distinctive roofline (see Figures 8 and 9).
(c) Roofline Modulation. Roofline modulation can be used in order to articulate the structure.
(i) In order to qualify as an articulation element in subsection (7)(b) of this section or in this subsection, the roofline shall meet the following modulation requirement:
(A) For flat roofs or facades with horizontal eaves, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of the wall) when combined with vertical building modulation techniques described in subsection (7)(a) of this section. Otherwise, the minimum vertical dimension of roofline modulation is the greater of four feet or 0.2 multiplied by the wall height.
(B) Buildings with pitched roofs must include a minimum slope of 5:12 and feature modulated roofline components at the interval required per the applicable standard above.
Figure 8 – Note the repeating distinct window patterns and the articulation of the building’s top, middle and bottom
Figure 9 – An example of articulating a building’s top, middle, and bottom by utilizing brick on the ground floor, defined window patterns and articulation treatments on upper floors, and a distinctive roofline
Figure 10 – Example of good articulation for a multifamily building
(8) Building Design – Entrances. The intent of the building entrances standards is to ensure that buildings are inviting and accessible, and to encourage pedestrian activity. The principal building entrances of all buildings shall feature the following improvements, unless the director determines an alternate technique better addresses the intent of these standards:
(a) Weather cover (e.g., porch or canopy) that is at least four feet deep and at least 32 square feet in footprint measured horizontally must be provided for the primary entrance(s) to residential units. Figures 11 and 12 demonstrate this requirement.
(b) 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.
(c) Townhouse Entrances. Townhouse 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 12 for an example of what is desired and Figure 13 for an example of what is unacceptable.

Figure 11 – Weather protection that articulates the front facade is provided

Figure 12 – Ground floor residential units directly accessible to the street with landscaping defining the entry

Figure 13 – An example of unacceptable townhouse design where there is no landscaping adjacent to the entries

Figure 14 – An example of acceptable townhouse design
(9) Building Design – Details. The building design details standards are intended to ensure that buildings have design interest at all observable distances and to enhance the architecture of multifamily buildings. At closer distances, the most important aspects of a building are its design details, texture of materials, quality of its finishes, and small, decorative elements. Multifamily building facades shall incorporate five architectural details, except that if the option in subsection (9)(e) of this section is used, only four architectural details are required. Chosen details shall be compatible with the chosen architectural character of the building. Detail options include:
(a) Distinctive porch design with unique design and use of materials.
(b) Distinctive windows and doors with molding/framing details that go beyond the requirements of subsection (10) of this section.
(c) Landscaped trellises or other decorative element that incorporates landscaping near the building entry or entries.
(d) Light fixtures with a diffuse visible light source, such as a non-glare globe or “acorn,” or a decorative shade or mounting for each building entry on the facade.
(e) Brick or stonework covering more than 10 percent of the facade.
(f) Building materials that add visual interest, including:
(i) Individualized patterns or continuous wood details.
(ii) Decorative moldings, brackets, wave trim or lattice work.
(iii) Decorative brick or stonework (may be in addition to the brick or stonework credits noted above if they are arranged in a decorative manner that adds visual interest to the facade).
(iv) Other materials with decorative or textural qualities as approved by the director. The applicant must submit architectural drawings and material samples for approval.
(g) Varied roofline design, including multiple gables and/or dormers or other design that adds distinct visual interest.
(h) Distinctive railings, grill work, or terraced landscape beds integrated along the facade of the building.
(i) Unique balcony design, such as a distinctive geometry and configuration.
(j) Other details that meet the intent of the standards as approved by the director.
Figure 15 – This building uses brick for more than 10 percent of the facade, a decorative mix of materials and colors, decorative entries, and decorative windows to add visual interest
(10) Window Design for Residential Uses. Building facades shall employ techniques to recess or project individual windows above the ground floor at least two inches from the facade, or incorporate window trim at least four inches in width that features color that contrasts with the base building color. Exceptions will be considered by the director where buildings employ other distinctive windows or facade treatments that add visual interest to the building.

Figure 16 – Acceptable and unacceptable window treatments
(11) Building Materials. The building materials standards are intended to encourage the use of a variety of high-quality, durable materials that will enhance the visual image of the city; provide visual interest and distinct design qualities; and promote compatibility and improvement within surrounding neighborhoods through effective architectural detailing and the use of traditional building techniques and materials. The following standards apply:
(a) Building exteriors shall be constructed from high-quality, durable materials. Building materials such as masonry, stone, lap-siding and wood are encouraged.
(b) 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:
(i) Plywood siding (including T-111 or similar plywood). Board and batten is an exception.
(ii) Corrugated fiberglass.
(iii) Noncorrugated and highly reflective sheet metal.
(iv) Chain link fencing; provided, that the director may approve chain link fencing when it is integrated into the overall site design (chain link fencing is also allowed for temporary purposes such as a construction site, or as a gate for a refuse enclosure).
(c) If used, metal siding and concrete block shall conform to the standards in the commercial and mixed use standards outlined in MMC 22C.065.220(10).
(d) If used, sheet materials and residential siding used for building extensions shall be of the highest quality, as approved by the director.
(e) All exterior materials are subject to approval by the director. Submit material samples to the director for approval.
(12) Blank Walls. The blank wall standards are intended to: reduce the visual impact of large, undifferentiated walls; reduce the apparent size of large walls through the use of various architectural and landscaping treatments; enhance the character and identity of the city; and ensure that all visible sides of buildings provide visual interest. Blank walls visible from a public street, sidewalk, trail, interior pathway, or parking lot are prohibited.
(a) A wall (including building facades and other exterior building walls, retaining walls, and fences) is defined as a blank wall if:
(i) A ground floor wall or portion of a ground floor wall over four feet in height has a horizontal length greater than 15 feet and does not include a transparent window or door; or
(ii) Any portion of a ground floor wall having a surface area of 400 square feet or greater does not include a transparent window or door.
(b) 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:
(i) Incorporate transparent windows or doors;
(ii) Install a vertical trellis in front of the wall with climbing vines or plant materials sufficient to obscure or screen at least 60 percent of the wall’s surface within three years. For large blank wall areas, the trellis must be used in conjunction with other treatments described below;
(iii) Provide a landscaped planting bed at least five feet wide, or a raised planter bed at least two feet high and three feet wide in front of the wall. Plant materials must be able to obscure or screen at least 60 percent of the wall’s surface within three years;
(iv) Provide artwork (mosaic, mural, sculpture, relief, etc.) over at least 50 percent of the blank wall surface; and/or
(v) Other method as approved by the director. For example, landscaping or other treatments may not be necessary on a wall that employs high-quality building materials (such as brick) and provides desirable visual interest.
Figure 17 – Blank wall treatments
Figure 18 – Terraced planting beds effectively screen a large blank wall
(13) Pedestrian Circulation. All multifamily and mixed-use development shall provide a network of pedestrian pathways that connect all residences to sidewalks, in accordance with the following design standards:
(a) For safety and access, landscaping shall not block visibility to and from a path, especially where it approaches a roadway or driveway.
(b) Pedestrian walks shall be separated from structures at least three feet by landscaping. The director may consider other treatments to provide attractive pathways. Examples include sculptural, mosaic, bas-relief artwork, or other decorative treatments that meet the guidelines’ intent. (Figure 17 provides one example.)
(c) Where the walkway is adjacent to ground level dwellings with windows facing the path, provide at least 15 feet of separation between the window and the path.
Figure 19 – An example of an attractive pedestrian connection through a multifamily development
(Ord. 3265 § 3 (Exh. A), 2023).
Multiple-family, townhomes, and group residences shall be subject to the vehicular access and parking standards set forth in MMC 22C.010.300. (Ord. 3265 § 3 (Exh. A), 2023).
The provisions of this section apply to building permits for single-family dwellings and middle housing, excluding accessory dwelling units and cottage housing; review will be done through the building permit process.
(1) It is the intent of these development standards that single-family dwellings and middle housing be compatible with neighboring properties, friendly to the streetscape, and in scale with the lots upon which they are to be constructed. The director is authorized to promulgate guidelines, graphic representations, and examples of housing designs and methods of construction that do or do not satisfy the intent of these standards.
(2) All residential development shall be designed to front onto streets. Configurations where dwelling units and/or residential lots back up to any street are prohibited. For example, new subdivisions along a street could be configured so that lots fronting on the street feature alley access in the rear or other shared driveway access as approved by the city on the side of the lots. Lot configurations where side yards face the street are acceptable.
(3) Entry. Where lots front on a public street, the house shall have doors and windows which face the street. Houses must have a distinct entry feature such as a porch or weather-covered entryway with an entry feature that is at least 60 square feet with no dimension less than six feet. Where lots front on a common open space or pathway, the requirements for orientation are the same as for a public street.
The director may approve a street orientation or entryway with dimensions different than specified herein; provided, the entry visually articulates the front facade of the dwelling so as to create a distinct entryway, meets setback requirements, provides weather cover, has a minimum dimension of four feet, and is attached to the home.
(4) Alleys.
(a) 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.
(b) The minimum driveway length may be reduced to between six and zero feet for garages when the following conditions are met:
(i) An alley is provided for access;
(ii) At least one off-street parking space, in addition to any provided in the garage, is provided to serve that dwelling unit and the stall(s) is conveniently located for that particular dwelling; and
(iii) The applicable total parking stall requirement is met.
(c) The rear yard setback may be reduced to zero feet to accommodate the garage.
(d) 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.
(e) Dwellings with a wall facing an alley must provide at least one window facing the alley to allow observation of the alley.
(5) Auto Courts. Auto courts shall comply with the standards set forth in the city’s engineering design and development standards. Where a consolidated road results in superior site design, circulation, safety or access management, auto courts may be required to be minimized and a consolidated public road provided.
(6) Facade and Driveway Cuts. If there is no alley access and the lot fronts on a public or private street, living space equal to at least 50 percent of the garage facade shall be flush with or projected forward of the garage, and the dwelling shall have entry, window and/or roofline design treatment which emphasizes the house more than the garage. Where materials and/or methods such as modulation, articulation, or other architectural elements such as porches, dormers, gables, or varied roofline heights are utilized, the director or designee may waive or reduce the 50 percent standard. Driveway cuts shall be no more than 80 percent of the lot frontage; provided, that the director or designee may waive the 80 percent maximum if materials and/or methods to deemphasize the driveway, such as ribbon driveways, grasscrete surface, or accent paving, are utilized.
(7) Privacy. Dwellings should be situated to respect the privacy of abutting homes and to create usable yard space for the dwelling(s). Windows should be placed to protect privacy. The review authority shall have the discretion to establish setback requirements that are different than may otherwise be required in order to accomplish these objectives.
(8) Individual Identity. Home individuality shall be achieved by the following:
(a) Avoiding the appearance of a long row of homes by means such as angling houses, varied street setbacks, and varied architectural design features.
(b) 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.
(c) 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.
(d) Side facades visible from streets or shared accesses shall have siding variation 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.
(9) Landscaping. Landscaping of a size and type consistent with the development must be provided to enhance the streetscape. Landscaping will enhance privacy for dwellings on abutting lots and provide separation and buffering on easement access drives. Landscaping shall consist of two native trees per unit, planted in the front yard, which are at least one and one-half inches in caliper for deciduous or six feet in height for evergreen trees, plus a mixture of trees, shrubs and ground cover as appropriate to the site. All required landscaping shall be installed in accordance with the plans prior to issuance of an occupancy permit. Where applicable, street frontage landscaping shall comply with the city’s streetscape plan.
(10) Duplexes and Middle Housing. Duplexes and middle housing must be designed to architecturally blend with the surrounding single-family dwellings and not be readily discernible as a duplex or middle housing but appear to be a single-family dwelling, or must comply with the individual identity provisions in subsection (8) of this section where distinct units are proposed (e.g., side-by-side duplex or townhouse units). (Ord. 3366 § 65 (Exh. MMM), 2025; Ord. 3352 § 68 (Exh. MMM), 2025; Ord. 3265 § 3 (Exh. A), 2023).
On-site open space shall be provided for multifamily developments as outlined in MMC 22C.010.320. (Ord. 3366 § 65 (Exh. MMM), 2025; Ord. 3265 § 3 (Exh. A), 2023).
Townhouse and other ground based multifamily shall provide open space as set forth in MMC 22C.010.330. (Ord. 3265 § 3 (Exh. A), 2023).
Maintenance and dedication of open space standards are set forth in MMC 22C.010.340. (Ord. 3265 § 3 (Exh. A), 2023).
Provisions for the city to allow a payment in lieu of providing on-site open space or recreation space are set forth in MMC 22C.010.350. (Ord. 3265 § 3 (Exh. A), 2023).
Developments shall provide storage space for the collection of recyclables as set forth in 22C.010.370. (Ord. 3265 § 3 (Exh. A), 2023).
(1) Purpose. The fence standards promote the positive benefits of fences without negatively affecting the community or endangering public or vehicle safety. Fences can create a sense of privacy, protect children and pets, provide separation from busy streets, and enhance the appearance of property by providing attractive landscape materials. The negative effects of fences can include the creation of street walls that inhibit police and community surveillance, decrease the sense of community, hinder emergency access and the safe movement of pedestrians and vehicles, and create an unattractive appearance.
(2) Types of Fences.
(a) The standards apply to walls, fences, trellises, arbors and screens of all types whether open, solid, wood, metal, wire, masonry or other material.
(b) No barbed or razor-wire fence shall be permitted, except for the following:
(i) Public facilities, transmitter and transformer sites.
(ii) Government installations where security or public safety is required.
(c) No chain link fence is permitted in the front yard or between the residential building and a public right-of-way. Chain link fencing is not permitted adjacent to or within required common open space, except to confine play areas, sports courts, swimming pools, or other facilities where such enclosure is necessary.
(3) Height.
(a) Front Lot Line. Four feet, unless the director finds that a taller fence is required by code for safety.
(b) Side Lot Line. Six feet.
(c) Rear Lot Line. Six feet.
(d) In or Adjacent to Required Common Open Space. Four feet, unless the director determines that a taller fence is needed for public safety. The maximum height for fences along common open space areas shall be limited to six feet tall; provided, that the top two feet of the fence is constructed as an open-work fence. For developments where the front of the house is oriented towards an open space area, the director may limit the height increase further to ensure adequate surveillance of the open space area and the sense of community is maintained.
(e) 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.
(f) 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.
(4) Fence Exception.
(a) The director shall have authority to administratively grant an exception to the fence requirements outlined in this section. The director is authorized to issue exceptions in cases of special hardships, unique circumstances and practical difficulties. No exception shall be granted which would be detrimental to the public health, welfare or environment.
(b) In considering a request for a modification of the fence requirements outlined in subsections (1) through (3) of this section, the community development director shall consider the following factors:
(i) If the proposed fence is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks;
(ii) The proposed fence will not infringe upon or interfere with utility and/or access easements or covenant rights or responsibilities;
(iii) The increased fence height will not adversely affect adjacent property owners or reduce visibility of the property from the street. (Ord. 3265 § 3 (Exh. A), 2023).
The Lakewood neighborhood master plan places a high priority on being a “walkable” and accessible community. Frequent and attractive connections between destinations through a well-connected system of streets and pathways are required.
(1) Connectivity to Abutting Lands. The street system of proposed development shall be designed to connect with existing, proposed, and planned streets outside of the development. Wherever a proposed development abuts unplatted land or other land with the capability of being further subdivided, street stubs shall be provided to allow access to future abutting subdivisions and to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turn-around unless specifically exempted by the fire marshal, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.
(2) Continuation of Streets. Planned streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods and to facilitate emergency access and evacuation. Connections shall be designed to meet or exceed the block standards in subsection (3) of this section, and to avoid or minimize through traffic on local streets.
(3) Block Size. New development shall provide an integrated and connected network of streets to provide “direct” walking route options, orientation, a sense of place, and multiple travel route options. A street network dominated by long, irregular loop roads and cul-de-sacs is not appropriate. Blocks shall be designed to provide vehicular connections at intervals no greater than 600 feet and pedestrian access at intervals no greater than 300 feet (200 feet is preferred).

Figure 20 – Examples of appropriately scaled blocks that accommodate pedestrian connection no further apart than 300 feet
(4) Relationship Between Neighborhoods. “Gated communities” and other developments designed to appear as continuous walled-off areas disconnected and isolated from the rest of the community are prohibited. While privacy fences separating rear yards between homes are desirable for privacy, tall fences that back up to streets, reduce the number of “eyes on the street,” and make such streets feel less safe and welcoming are prohibited. New subdivisions should consider ways to integrate into the community rather than walling them off.
Figure 21 – Examples of well connected street network. Note that the “block lengths” show how street and pedestrian intervals are measured
(Ord. 3265 § 3 (Exh. A), 2023).
(1) Service Element Location and Design. All development shall provide a designated spot for service elements. Such elements shall meet the following requirements:
(a) Service areas (trash dumpsters, compactors, recycling areas, electrical panels, and mechanical equipment areas) shall be located to avoid negative visual, auditory (noise), olfactory, or physical impacts on the street environment and adjacent residentially zoned properties. The city may require evidence that such elements will not significantly impact neighboring properties or public areas. (For example, the city may require noise damping specifications for fans near residential zones.)
(b) Service areas must not be visible from the sidewalk and adjacent properties. Where the city finds that the only option for locating a service area is either visible from a public right-of-way or space or from an adjacent property, the area must be screened with either landscape or structural screening measures provided in Chapter 22C.120 MMC, Landscaping and Screening.
(c) The designated spot for service elements shall be paved with concrete.
(d) Appropriate enclosure of the common trash and recycling elements shall be required, as determined by the director. Requirements and considerations:
(i) A six-foot fence constructed of concrete block or brick enclosing trash and recycling receptacles is required. Coordination with the current franchise hauler is required. The sides and rear of the enclosure must be screened with L1, L2, L3, or L4 landscaping (as defined in MMC 22C.120.110) at least five feet deep in visible locations as determined by the director to soften the views of the screening element and add visual interest.
(ii) Proximity to adjacent residential units will be a key factor in determining appropriate service element treatment.
(iii) Preferably, service enclosures are integrated into the building itself.
Figure 22 – Locate service elements to reduce impacts on the residential and pedestrian environment
Figure 23 – Trash receptacle and recyclables screening example
(2) Utility Meters, Electrical Conduit, and Other Service Utility Apparatus. These elements shall be located and/or designed to minimize their visibility to the public. If such elements are mounted in a location visible from the street, pedestrian pathway, common open space, or shared auto courtyards, they shall be screened with vegetation or by architectural features.
Figure 24 – Exposed utility meters like this will not be allowed
Figure 25 – Landscaping helps to minimize the negative visual impacts of utility meters
(3) Roof-mounted mechanical equipment must be located and screened by a parapet, or other primary building element, so the equipment is not visible within 150 feet of the structure when viewed from the ground level of adjacent properties. Match the color of roof-mounted equipment with the exposed color of the roof to minimize visual impacts when equipment is visible from higher elevations nearby.
Figure 26 – Examples of how to screen roof-mounted mechanical equipment
(4) Locate and/or shield noise producing mechanical equipment such as fans, heat pumps, etc., so that noise reaching the adjacent properties is less than 50 dBA. If required by the director, the applicant must demonstrate that this standard is achieved by providing equipment specifications and/or calculations of noise impacts. (Ord. 3265 § 3 (Exh. A), 2023).
Existing developments that do not conform to the development standards of this chapter are subject to the standards of Chapter 22C.100 MMC, Nonconforming Situations. (Ord. 3265 § 3 (Exh. A), 2023).
The standards pertaining to the required number of auto parking spaces, bicycle parking spaces, parking lot placement, parking lot setbacks and internal parking lot pedestrian connections are stated in Chapter 22C.130 MMC, Parking and Loading. (Ord. 3265 § 3 (Exh. A), 2023).
The sign standards are stated in Chapter 22C.160 MMC, Signs. (Ord. 3265 § 3 (Exh. A), 2023).
Landscaping and screening standards are set forth in Chapter 22C.120 MMC, Landscaping and Screening. (Ord. 3265 § 3 (Exh. A), 2023).
Planned residential developments are subject to the standards set forth in Chapter 22G.080 MMC, Planned Residential Developments. (Ord. 3265 § 3 (Exh. A), 2023).
In any PRD, interior setbacks may be modified during subdivision or short subdivision review as set forth in MMC 22C.010.270. (Ord. 3265 § 3 (Exh. A), 2023).
Cottage housing developments are allowed on residentially zoned properties in the Lakewood neighborhood master plan area subject to the standards set forth in MMC 22C.010.280. (Ord. 3265 § 3 (Exh. A), 2023).
(1) Applicability.
(a) 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.
(b) The site and building design standards of this section apply to institutional and commercial development.
(2) Relationship and Orientation of Buildings to Site and Street Front.
(a) The site shall be planned to create an attractive street edge and accommodate pedestrian access. Examples of ways that a development meets the requirements of this provision are to:
(i) Define the street edge with buildings, landscaping or other features (see Figure 27).
(ii) Provide for building entrances that are visible from the street.
(iii) Provide a sidewalk at least six feet wide, or as approved by the city engineer, if there is not space in the public right-of-way.
(iv) Provide building entries that are accessed from the sidewalk. These access ways must be separated from the parking and drive aisles. If access traverses the parking lot, then it should be raised and/or clearly marked while accommodating green storm water infrastructure.
(b) The development shall create a well defined streetscape to allow for the safe movement of pedestrians. New development must provide sidewalks as identified in the Lakewood neighborhood master plan, or otherwise approved by the city engineer, and street trees, at least two-inch caliper with spacing averaging no more than 30 feet on center, as approved by the director.
(c) Commercial and mixed use buildings must be oriented towards at least one street. For sites that front multiple streets, commercial and mixed use buildings are encouraged to orient towards both streets; provided, that priority shall be given to pedestrian-oriented streets, and to streets that are more visible and/or provide a better opportunity for increased pedestrian activity.
(d) Commercial and mixed use building facades facing the street or parking lots must have transparent windows or door covering at least 75 percent of the ground floor facade between four to eight feet above the level of the sidewalk. Exceptions may be considered by the director; provided, that the proposed building configuration and design enhances the pedestrian environment.
(e) No parking spaces may be located between the building’s facade and any designated pedestrian-oriented street (as identified in the Lakewood neighborhood master plan), or when the building is not sited on a pedestrian-oriented street, located between the building’s facade 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 factors as determined by the director. Where the property fronts on more than one public street, this provision applies to only one street frontage.
(f) Parking lots may not be located on corner locations adjacent to public streets unless no feasible on-site alternative exists.
(g) For large commercial and mixed use sites (over two acres) that feature multiple buildings, developments shall configure buildings to create focal points for pedestrian activity on the site. However, no more than 50 percent of the street frontage may be occupied by vehicular access or parking. Exceptions: An increased percentage of parking or vehicular access along the street front may be allowed where the configuration allows the development to better meet the intent of these standards. For example, if the configuration allows for a centralized plaza surrounded by a concentration of retail uses, an increase in the percentage of parking along the street front would be allowed. Exceptions are subject to approval by the director.

Figure 27 – Examples of building that provide a well defined streetscape
(h) Pedestrian Circulation Where Facades Face Parking Areas. Building entrances must face the street in the MU zones and on designated pedestrian-oriented streets. In the GC and CB zones where a building’s main commercial entrance faces onto a parking area rather than the street, provide wide pathways adjacent to the facades of retail and mixed-use buildings. Pathways along the front facade of mixed-use and retail buildings 100 feet or more in length (measured along the facade) that are not located adjacent to a street must be at least 12 feet wide with eight feet minimum unobstructed width and include the following:
(i) Trees, as approved by the director, must be placed at an average of 30 feet on center and placed in grates. Breaks in the tree coverage will be allowed near major building entries to enhance visibility. However, no less than one tree per 60 lineal feet of building facade must be provided.
(ii) Street tree pits may be included in a planting strip, provided the strip does not impede pedestrian movement and has at least eight feet of clearance.
(iii) If the pits are not in a planted strip, tree grates shall be provided at each pit and at least 24 square feet of pavers or porous pavements situated around the pits to allow air and water into the tree root space (see subsection (4)(b) of this section related to planting strips).
(iv) Lighting must conform to subsection (3)(d) of this section.
(i) Pedestrian-Oriented Facades.
(i) Commercial and mixed use buildings facing pedestrian-oriented streets indicated in Figure 17 of the Lakewood neighborhood master plan shall front directly on the back of sidewalk or a pedestrian-oriented space adjacent to the sidewalk and adhere to the following standards:
(A) Ground floor facades shall feature transparent window areas over at least 75 percent of the ground floor facade between two feet and eight feet above grade. The windows may look into the building’s interior or be configured as merchandise display windows. The building must be designed so that the windows satisfying the requirement for “pedestrian-oriented facades” do not look into service or storage areas or other unsightly rooms.
Figure 28 – An example of a pedestrian-oriented facade
(B) A primary building entry facing the streetfront. (See subsection (2)(j) of this section for entry enhancement requirements.)
(C) Weather protection at least five feet wide over at least 65 percent of the front facade.
(j) Pedestrian Weather Protection. In addition to weather protection along pedestrian-oriented facades, provide pedestrian weather protection in the front of commercial and mixed-use buildings fronting on parking areas serving that building, public spaces such as transit stops, building entries, along display windows, specifically:
(i) Weather protection at least six feet deep is required over the entries of all primary building, individual business, and individual residence. This may include a recessed entry, canopy, porch, marquee, or building overhang.
(ii) Canopies, awnings, or other similar weather protection features shall not be higher than 15 feet above the ground elevation at the highest point or lower than eight feet at the lowest point.
(iii) The color, material, and configuration of the pedestrian coverings shall be as approved by the director. Coverings with visible corrugated metal or corrugated fiberglass are not permitted unless approved by the director. Fabric and rigid metal awnings are acceptable.
(iv) Multitenant retail buildings are encouraged to use a variety of weather protection features to emphasize individual storefronts and reduce the architectural scale of the building. Figure 31 provides unacceptable and better examples.
Figure 29 – Provide weather protection over building entries

Figure 30 – Height standards for weather protection features

Figure 31 – The continuous canopy on top is monotonous and deemphasizes individual storefronts. The bottom example provides a variety of weather protection features and represents a more desirable example.
(3) Relationship of Buildings and Site to Adjoining Area. The development of new buildings should address impacts to neighborhood condition by complying to the following:
(a) Attractive landscape transition to adjoining properties shall be provided as directed by the director.
(b) Solar access of the subject and adjacent properties should be considered in building design and location. The director may require adjustments of the proposed site layout or special screening measures to accomplish this objective.
(4) Landscape and Site Treatment.
(a) 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:
(i) The landscape plan shall demonstrate visual screening from parking areas.
(ii) The landscape plan shall provide some physical separation between vehicular and pedestrian traffic.
(iii) Where feasible, the landscape plan shall integrate natural approaches to storm water management, including featured low impact development techniques.
(iv) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.
(v) Screening of outdoor service yards and other places which tend to be unsightly shall be accomplished by use of walls, fencing, planting, berms or combinations of these.
(vi) Landscaping should be designed to create definition between public and private spaces.
(vii) Where feasible, the landscape plan shall coordinate the selection of plant material to provide a succession of blooms, seasonal color, and a variety of textures.
(viii) The landscape plan shall provide a transition in landscaping design between adjacent sites, within a site, and from native vegetation areas in order to achieve greater continuity.
(ix) The landscape plan shall use plantings to highlight significant site features and to define the function of the site, including parking, circulation, entries, and open spaces.
(b) Street Landscaping. Where the site plan includes streetscape plantings, the following guidelines apply:
(i) Sidewalks and pathways should be separated from the roadway by planting strips with street trees wherever possible. Where there is on-street parking, provide an 18-inch-wide strip of pavement directly on the back of the curb to accommodate entry and exit from parked cars.
(ii) Planting strips should generally be at least five feet in width. Evergreen shrubs should be no more than four feet in height and/or ground cover in accordance with the city of Marysville landscape standards (Chapter 22C.120 MMC) and Marysville administrative landscaping guidelines.
(iii) Street trees placed in tree grates may be more desirable than planting strips in pedestrian areas where space is limited. Tree pits or planting areas that provide water for roots shall be at least 24 square feet in area.
(iv) Use of trees and other plantings with special qualities (e.g., spring flowers and/or good fall color) is strongly encouraged.
(v) Unless otherwise directed by the director, plant at least one street tree per 30 linear feet of street front.
(c) Plaza/Pedestrian Area Landscaping Within Shopping Centers and Mixed Use Site Plans.
(i) A range of landscape materials – trees, evergreen shrubs, ground covers, and seasonal flowers – shall be provided for color and visual interest.
(ii) Planters or large pots with small shrubs and seasonal flowers may be used to create protected areas within the plaza for sitting and people watching.
(iii) Creative use of plant materials, such as climbing vines or trellises, and use of sculpture groupings or similar treatments, is encouraged.
(iv) All landscaping plans shall be submitted during site plan review for approval.
(v) Also see MMC 22C.065.250, Nonresidential open space requirements.
(d) 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:
(i) All public areas shall be lighted with average minimum and maximum levels as follows:
(A) Minimum (for low or nonpedestrian and vehicular traffic areas) of one-half foot candle;
(B) Moderate (for moderate or high volume pedestrian areas) of one to two foot candles; and
(C) Maximum (for high volume pedestrian areas and building entries) of four foot candles.
(ii) Lighting shall be provided at consistent levels, with gradual transitions between maximum and minimum levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and dark areas shall be avoided.
(iii) Parking lot lighting shall be subject to the provisions set forth in MMC 22C.130.050(3)(d).
(iv) Pedestrian-scale lighting (light fixtures no taller than 15 feet) is encouraged in areas with high anticipated pedestrian activity. All fixtures over 15 feet in height shall be fitted with a full cut-off shield, be dark sky rated, and mounted no more than 25 feet above the ground with lower fixtures preferable so as to maintain a human scale. Lighting shall enable pedestrians to identify a face 45 feet away in order to promote safety.
(v) Light levels at the property line should not exceed 0.1 foot candles (fc) adjacent to business properties, and 0.05 foot candles adjacent to residential properties.
All building lights shall be directed onto the building itself and/or the ground immediately adjacent to it. The light emissions should not be visible above the roofline of the building. Light fixtures other than traditional cobra heads are encouraged.
(vi) Limited accent lighting on trees and provisions for seasonal lighting is acceptable.
(vii) Limited accent lighting on architectural and landscape features is encouraged to add interest and focal points.
Also see MMC 22C.065.250, Nonresidential open space requirements.
(5) Site Design Utilizing Crime Prevention Through Environmental Design (CPTED) Principles. Development that is subject to this section shall incorporate the following CPTED strategies into building design and site layout:
(a) 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.
(b) 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.
(c) 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.
Examples of ways in which a proposal can comply with CPTED principles are outlined in the CPTED Guidelines for Project Design and Review, prepared by the city.
(6) Building Design – Human-Scale Standards. The human-scale standards are intended to encourage the use of building components that relate to the size of the human body and to add visual interest to buildings. “Human scale” addresses the relationship between a building and the human body. Generally, buildings attain a good human scale when they feature elements or characteristics that are sized to fit human activities, such as doors, porches, and balconies. A minimum of four of the following human-scale building elements shall be incorporated into the new development:
(a) Balconies in upper stories, at least one balcony per upper floor on the facades facing streets, provided they are integrated into the architecture of the building;
(b) Bay windows or other window treatments that extend out from the building face;
(c) At least 150 square feet of pedestrian-oriented space for each 100 lineal feet of building facade;
(d) Upper floor individual windows, generally less than 32 square feet per pane and separated from the windows by at least a six-inch molding;
(e) Spatially defining building elements, such as a trellis, overhang, canopy, or other element, that define space that can be occupied by people;
(f) Ground floor brick facades;
(g) Smaller building elements near the entry of pedestrian-oriented street fronts of large buildings (see Figure 32);
(h) Special details near the entrance, such as downtown lighting, artworks, or special materials;
(i) 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.
Figure 32 – Illustrating a variety of human- scale components on a building
Figure 33 – Illustrating a variety of human-scale components on a building
Figure 34 – Example of smaller building elements near the entry of large buildings
(7) Building Design – Architectural Scale. Note:
• Architectural scale is the perceived height and bulk of a building relative to that of neighboring buildings. A building has “good architectural scale” if its visual size is relatively similar to its neighbors.
• Modulation is a stepping back or projecting forward of portions of a building face, within specified intervals of building width and depth, as a means of breaking up the apparent bulk of a structure’s continuous exterior walls.
• Articulation is visually breaking up a building facade into intervals by including repetitive features, such as broken rooflines, chimneys, entrances, distinctive window patterns, street trees, and modulation.
(a) All new buildings over three stories or over 5,000 square feet in gross building footprint or with facades longer than 100 feet measured horizontally shall provide at least three modulation and/or articulation features as described below along any facade that is visible from a street, residential zone or pedestrian pathway. In addition, there must be an entry at least every 60 feet.
(b) Horizontal Building Modulation. The depth of the modulation must be at least two feet when tied to a change in the roofline and at least five feet in other situations. Balconies may be used to qualify for this option, provided they have a floor area of at least 40 square feet, are integrated with the architecture of the building, and project at least two feet from the building facade.
Figure 35 – Mixed-use building with modulation to increase its interest and human scale
(c) Modulated Roof Line. Buildings may qualify for this option by modulating the roof line of all facades visible from a street, park, or pedestrian pathway consistent with the following standards:
(i) For flat roofs or facades with a horizontal fascia or parapet, change the roofline so that no unmodulated segment of roof exceeds 60 feet. Minimum vertical dimension of roof line modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of wall);
(ii) For gable, hipped, or shed roofs, a slope of at least three feet vertical to 12 feet horizontal; or
(iii) Other roof forms such as arched, vaulted, dormer, or saw-toothed may satisfy this design standard if the individual segments of the roof with no change in slope or discontinuity are less than 60 feet in width (measured horizontally).
(d) Repeating distinctive window patterns at intervals less than the articulation interval.
(e) Providing a porch, patio, deck, or covered entry for each articulation interval.
(f) Changing the roofline by alternating dormers, stepped roofs, gables, or changing roof textures on certain features such as metal roofs on towers and dormers to reinforce the modulation or articulation interval.
(g) Changing materials with a change in building plane.
(h) Providing lighting fixtures, trellises, trees, or other landscape feature within each interval.
(i) The director may increase or decrease the 60-foot interval for modulation and articulation to better match surrounding structures or to implement an adopted subarea plan.

Figure 36 – Example of well-articulated building. Note how awnings, window divisions, pilaster columns, and cornice line all serve to divide up the facade into smaller segments without disrupting the unity of the overall design.

Figure 37 – This development uses a variety of roof forms, heights, and variations in roof textures by using metal hip roofs, different weather protection features, changing building materials and colors, and a modest amount of horizontal building modulation to reduce the overall architectural scale into smaller “storefront” components.

Figure 38 – Good examples of prominent pedestrian entries for large-scale retail uses; note height change, vertical modulation, use of building materials, colors, and detailing to add interest and emphasis
(8) Building Corners. The building corners standards are intended to architecturally accentuate building corners at street intersections, to create visual interest, and to increase activity, where appropriate. All new buildings located within 15 feet of a property line at the intersection of streets are required to employ one or more of the following design elements or treatments to the building corner facing the intersection:
(a) Provide at least 100 square feet of pedestrian-oriented space between the street corner and the building(s). To qualify for this option, the building(s) must have direct access to the space;
(b) Provide a corner entrance to building lobby, atrium, pedestrian pathway, or interior court.
(c) Include a corner architectural element such as:
(i) Bay window or turret.
(ii) Roof deck or balconies on upper stories.
(iii) Building corner setback “notch” or curved facade surfaces.
(iv) Sculpture or artwork, either bas-relief, figurative, or distinctive use of materials.
(v) Change of materials.
(vi) Corner windows.
(vii) Special lighting.
(d) Special treatment of the pedestrian weather protection canopy at the corner of the building; and/or
(e) Other similar treatment or element approved by the director.
(f) Parking lots are not allowed directly fronting the intersection of two streets.
The director may allow exceptions where no other site configuration is possible.
Figure 39 – Corner building treatment
Figure 40 – Decorative use of windows, change of materials, and special lighting create a statement at this corner location
(9) Building Design Details. The building design details standards are intended to ensure that buildings have design interest at all observable distances; to enhance the character and identity of the city; and to encourage creative design. At closer distances, the most important aspects of a building are its design details, texture of materials, quality of its finishes, and small, decorative elements. All new commercial buildings and individual storefronts shall include at least one detail element from each of the three categories below. Other mixtures of detail elements will be considered provided they meet the intent of these standards. The applicant must demonstrate how the amount, type, and mix of details meet the intent of these standards. For example, a large building with multiple storefronts will likely need more than one decorative sign, transom window, and decorative kickplate to meet the intent of these standards.
Building details used to meet this standard may also be used to satisfy other applicable requirements, such as for subsection (6) of this section, Building Design – Human Scale Standards.
(a) Window and/or Entry Treatment. Special treatment of windows and doors, other than standard metal molding/framing details, around all ground floor windows and doors, decorative glazing, or door designs.
(i) Display windows divided into a grid of multiple panes.
(ii) Transom windows.
(iii) Roll-up windows/doors.
(iv) Other distinctive window treatment that meets the intent of the standards and guidelines.
(v) Recessed entry.
(vi) Distinctive door.
(vii) Arcade.
(viii) Landscaped trellises or other decorative element that incorporates landscaping near the building entry.
(ix) Other decorative entry treatment that meets the intent of these standards.
(b) Distinct Facade Attachments.
(i) Weather protection element such as a steel canopy, decorative cloth awning, or retractable awning.
(ii) Custom hanging, sculptural, or hand-crafted sign(s).
(iii) Building-mounted light fixtures with a diffuse visible light source or unusual fixture.
(iv) Special railings, grill work, or landscape guards.
(c) Building Materials and Other Facade Elements.
(i) Use of distinctive building materials such as decorative masonry, shingle, tile, brick, or stone.
(ii) Individualized patterns or continuous wood details, such as fancy butt shingles (a shingle with the butt end machined in some pattern, typically to form geometric designs), decorative moldings, brackets, trim or lattice work, ceramic tile, stone, glass block, carrera glass, or similar materials. The applicant must submit architectural drawings and material samples for approval.
(iii) Varied rooflines, such as an ornamental molding, entablature, frieze, or other roofline device visible from the ground level. If the roofline decoration is in the form of a linear molding or board, then the molding or board must be at least eight inches wide.
(iv) Artwork on the building such as a mosaic mural, bas-relief sculpture, light sculpture, water sculpture, or other similar artwork. Painted murals or graphics on signs or awnings do not qualify.
(v) Kickplate, pier, belt course, or other similar facade element.
(vi) Special building elements, such as pilasters, entablatures, wainscots, canopies, or marquees, that exhibit nonstandard designs.
(vii) Other details that meet the intent of the standards and guidelines as determined by the director.
(viii) Elements referenced above must be distinct “one-of-a-kind” elements or unusual designs that require a high level of craftsmanship as determined by the director.
Figure 41 – The building provides a number of details that enhance the pedestrian environment, including decorative lighting, planter boxes, decorative awnings, historical plaques, and decorative facade elements
(10) Building Materials. The building materials standards are intended to encourage the use of a variety of high-quality, durable materials that will enhance the visual image of the city; provide visual interest and distinct design qualities; and promote compatibility and improvement within surrounding neighborhoods through effective architectural detailing and the use of traditional building techniques and materials. The following standards apply:
(a) Building exteriors shall be constructed from high-quality, durable materials. Building materials such as concrete, masonry, tile, stone and wood are encouraged.
(b) Metal siding, when used for walls that are visible from a public street, public park or open space, pathway, or pedestrian route must:
(i) Have visible corner moldings and trim and incorporate masonry, stone, or other durable permanent materials within two feet of the ground level;
(ii) Incorporate multiple siding materials or facade articulation (see subsection (7) of this section, Building Design – Architectural Scale) when the facade is wider than 40 feet;
(iii) Alternative standards may be approved by the director; provided, that the design quality and permanence meet the intent of this section.
(c) Concrete masonry units (CMU) or cinder block walls, when used for walls that are visible from a street, public park or open space, or pedestrian route, shall be architecturally treated in one or more of the following ways:
(i) Use in conjunction with other permitted exterior materials.
(ii) Use of a combination of textured surfaces such as split face or grooved to create distinct banding or other design.
(iii) Use of other masonry types, such as brick, glass block, or tile, in conjunction with concrete blocks.
(iv) Use of decorative coursing to break up blank wall areas.
(v) Use of matching colored mortar where color is an element of architectural treatment for any of the options above.
(vi) Other treatment approved by the director.
(d) Exterior insulation and finish system (EIFS) and similar troweled finishes must:
(i) Be trimmed in wood or masonry, and should be sheltered from extreme weather by roof overhangs or other methods in order to avoid deterioration. Weather-exposed horizontal surfaces must be avoided.
(ii) Be limited to no more than 50 percent of the facade area.
(iii) Incorporate masonry, stone, or other durable material for the first two feet above ground level.
(e) Prohibited materials 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:
(i) Highly tinted or mirrored glass (except stained glass) covering more than 10 percent of the exterior of any building, or located at the ground level along the street.
(ii) Corrugated fiberglass.
(iii) Plywood siding, including T-111 and similar siding. Board and batten is an exception.
(iv) Noncorrugated and highly reflective sheet metal.
(v) Any sheet materials, such as wood or metal siding, with exposed edges or unfinished edges, or made of nondurable materials as determined by the director.
(vi) Chain link fencing.
Figure 42 – The use of different building materials, window treatments, and roofline brackets add to the visual interest of this building

Figure 43 – This storefront effectively combines EIFS and concrete block with wood trim and metal detailing
(11) Blank Walls.
(a) The blank wall standards are intended to: reduce the visual impact of large, undifferentiated walls; reduce the apparent size of large walls through the use of various architectural and landscaping treatments; enhance the character and identity of the city; and ensure that all visible sides of buildings provide visual interest. Blank walls visible from a public street, sidewalk, trail, interior pathway, or parking lot are prohibited. A wall (including building facades and other exterior building walls, retaining walls, and fences) is defined as a blank wall if:
(i) A ground floor wall or portion of a ground floor wall over four feet in height has a horizontal length greater than 15 feet and does not include a transparent window or door; or
(ii) Any portion of a ground floor wall having a surface area of 400 square feet or greater does not include a transparent window or door.
(b) 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:
(i) Incorporate transparent windows or doors and/or display windows;
(ii) Install a vertical trellis in front of the wall with climbing vines or plant materials sufficient to obscure or screen at least 60 percent of the wall’s surface within three years. For large blank wall areas, the trellis must be used in conjunction with other treatments described below;
(iii) Provide a landscaped planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the wall. Plant materials must be able to obscure or screen at least 60 percent of the wall’s surface within three years;
(iv) Provide artwork (mosaic, mural, sculpture, relief, etc.) over at least 50 percent of the blank wall surface; and/or
(v) Other method as approved by the director. For example, landscaping or other treatments may not be necessary on a wall that employs high-quality building materials (such as brick) and provides desirable visual interest.
Figure 44 – Blank wall treatments
Figure 45 – Terraced planting beds effectively screen a large blank wall
(12) Building Entrances. The intent of the building entrances standards is to ensure that buildings are inviting and accessible, that entrances are easy to locate, and that pedestrian activity is encouraged.
(a) Primary Building Entrances. The principal building entrances of all buildings shall feature the following improvements, unless the director determines an alternate solution better addresses the guideline’s intent:
(i) Weather Protection. Weather protection at least five feet deep and at least eight feet above ground level is required over the primary entrance to all commercial buildings. Entries may satisfy this requirement by being set back into the building facade.
(ii) Lighting. Pedestrian entrances must be lit to at least three foot candles but not more than four foot candles as measured on the ground plane for commercial buildings.
(iii) Visibility and Accessibility. Building entrances must be prominent and visible from the surrounding streets and must be connected by a walkway to the public sidewalk. Pedestrian pathways from public sidewalks to primary entrances or from parking lots to primary entrances shall be accessible, conforming to federal and state Americans with Disabilities Act requirements, and shall be clearly delineated.
(iv) Transparency. Entries must feature glass doors, windows, or glazing (window area) near the door so that the visitor and occupant can view people opening the door from the other side.
(b) Secondary Public Access for Commercial Buildings. Buildings with “secondary” entrances off of a parking lot shall comply with the following measures to enhance secondary public access (applies only to entries used by the public):
(i) Weather protection at least three feet deep and at least eight feet above the ground is required over each secondary entry.
(ii) Two or more of the design elements must be incorporated within or adjacent to the secondary entry:
(A) A transparent window or door to allow visibility into the building;
(B) A landscape bed, trellis, or other permanent landscape element adjacent to the entry;
(C) Architectural treatments that add visual interest to the entry;
(D) Outdoor dining or pedestrian-oriented space;
(E) Decorative lighting; or
(F) Other design elements that meet the intent of these standards as determined by the director.

Figure 46 – A distinct, weather-protected primary building entrance
Figure 47 – Examples of secondary public entrances. Note the planters, signage, and awnings
(Ord. 3265 § 3 (Exh. A), 2023).
Commercial, apartment, townhome and all group residence developments shall comply with the vehicular access and parking location standards set forth in MMC 22C.020.260. (Ord. 3265 § 3 (Exh. A), 2023).
Gas stations, convenience stores, car washes and similar uses are subject to the design standards set forth in MMC 22C.020.265. (Ord. 3265 § 3 (Exh. A), 2023).
(1) New developments with nonresidential uses on sites with a total site area greater than one acre must provide “pedestrian-oriented open space” equal to at least one percent of the ground floor nonresidential building footprint plus one percent of the “site area.” The open space may be in the form of “pedestrian-oriented open space” (see subsection (2)(b) of this section), garden, play area or other open space feature that serves both as a visual amenity and a place for human activity. Portions of sidewalks that are wider than 12 feet and which meet the standards of pedestrian-oriented open space may be counted toward this requirement. For this specific guideline, “site area” includes all land needed for the nonresidential portion of the project including parking, service areas, access and required landscaping. The intent of this guideline is to provide for some outdoor space for activities or amenities that enhance the commercial activities, such as outdoor eating areas, display areas, seating, etc.
(2) Pedestrian-Oriented Open Space. Where “pedestrian-oriented open space” is provided, including but not limited to areas required in these standards, design the open space according to the following criteria. If sidewalks are wider than the required minimum width, the additional sidewalk width may be counted as pedestrian-oriented open space.
(a) Required Pedestrian-Oriented Open Space Features.
(i) Visual and pedestrian access (including ADA-compliant access) into the site from a street, private access road, or nonvehicular courtyard.
(ii) Paved walking surfaces of either concrete or approved unit paving.
(iii) Lighting must conform to these design standards.
(iv) Spaces must be located in or adjacent to areas with significant pedestrian traffic to provide interest and security, such as adjacent to or visible from a building entry.
(v) Landscaping components that add visual interest and do not act as a visual barrier. This could include planting beds, potted plants, or both.
(b) Desirable Pedestrian-Oriented Open Space Features.
(i) Pedestrian amenities, such as a water feature, site furniture, artwork, drinking fountains, kiosks, or other similar features.
(ii) At least two feet of seating area (a bench or ledge at least 16 inches deep and appropriate seating height) or one individual seat per 60 square feet of plaza area or open space.
(iii) Adjacent buildings with transparent window and doors covering 75 percent of the facade between two feet and eight feet above the ground level.
(iv) Consideration of the sun angle at noon in the design of the space.
(v) Pedestrian weather protection, alcoves, seating, or other features along building edges to allow for outdoor seating areas and a planted buffer.
(c) A pedestrian-oriented open space must not have:
(i) Asphalt or gravel pavement.
(ii) Adjacent parking areas or service areas (e.g., trash areas) that are not separated with landscaping.
(iii) Adjacent chain-link fences.
(iv) Adjacent “blank walls” without “blank wall treatment.”
(v) Outdoor storage that does not contribute to the pedestrian-oriented environment. (Ord. 3265 § 3 (Exh. A), 2023).
The on-site open space and recreation space standards are intended to provide usable, accessible, and inviting open space for residents that enhances residential areas. Multifamily residential uses in the mixed use zone shall provide open space equivalent to at least 20 percent of the building’s gross floor area; vertical mixed use developments (where commercial and multifamily uses are contained in the same building) shall not be subject to this requirement; provided, that at least 80 percent of the ground floor is exclusively dedicated to commercial uses and residential uses shall be limited to walls not oriented or located along the street. The required area may be satisfied with one or more of the elements listed below:
(1) Common open space accessible to all residents shall count for up to 100 percent of the required open space. This includes landscaped courtyards or decks, gardens with pathways, children’s play areas, or other multipurpose recreational and/or green spaces. Special requirements and recommendations for common spaces include the following:
(a) Space shall be large enough to provide functional leisure or recreational activity area per the director. For example, long narrow spaces less than 20 feet wide rarely, if ever, can function as usable common open space.
(b) Consider space as a focal point of development.
(c) Open space, particularly children’s play areas, shall be visible from dwelling units and positioned near pedestrian activity.
(d) Space shall feature paths, plantings, seating, lighting and other pedestrian amenities to make the area more functional and enjoyable.
(e) Individual entries shall be provided onto common open space from adjacent ground floor residential units. Small, semiprivate open spaces for adjacent ground floor units that maintain visual access to the common area are strongly encouraged to enliven the space.
(f) Separate common space from ground floor windows, streets, service areas and parking lots with landscaping and/or low-level fencing, where desirable.
(g) Space shall be oriented to receive sunlight, facing east, west, or (preferably) south, when possible.
(h) Required setbacks, landscaping, driveways, parking, or other vehicular use areas shall not be counted toward the common open space requirement.
(i) Rooftops or rooftop decks shall not be considered as common open space for the purpose of calculating minimum open space area; provided, that the director may consider rooftops or rooftop decks as common open space where usable open space amenities are provided and available to all residents.
(j) Outdoor open space shall not include areas devoted to parking or vehicular access.
(2) The following amenities may be used to satisfy up to 50 percent of the open space requirement. A combination of these amenities may be provided in different ratios; provided, that (i) the total credit for any combination of the following amenities may not exceed 50 percent of the open space requirement, and (ii) the amount of the amenity provided is sufficient to achieve the purpose of the amenity as determined by the director:
(a) Individual balconies that provide a space usable for human activity. To qualify, the balconies shall be at least 36 square feet and have no dimension less than six feet.
(b) Natural areas that function as an amenity to the development, subject to the following requirements and recommendations:
(i) The natural area shall be accessible to all residents. For example, safe and attractive trails provided along or through the natural area where they could serve as a major amenity to the development.
(ii) Steep slopes, wetlands, or similar unbuildable areas shall not be counted in the calculations for required open space unless they provide a visual amenity for all units, as determined by the director.
(c) Storm water retention areas if the facility has natural looking edges, natural vegetation, and no fencing except along the property line. The design of such areas shall go well beyond functional storm water requirements per the director in terms of the area involved and the quality of landscaping and resident amenities. The side slope of the storm water facilities shall not exceed a grade of 1:3 (one vertical to three horizontal) unless slopes are existing, natural, and covered with vegetation.
(3) Children’s play equipment and recreational activity space for children and/or teens that include parent seating areas are required in residential complexes with 20 or more units. Exceptions: age-restricted senior citizen housing; mixed use developments (combined commercial and residential in same building); developments reserved for student housing; infill lots within the downtown master plan area; and developments located within a quarter mile of safe walking distance to a public park that features a play area.
(4) Active recreation facilities may be provided, subject to the following:
(a) Active recreation facilities may include, but are not limited to, exercise rooms, sports courts, swimming pools, tennis courts, game rooms, or community centers; and
(b) Indoor recreation areas may be credited towards the total recreation space requirement, when the city determines that such areas are located, designed and improved in a manner which provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors.
(5) Minimum Total Open Space. In addition to subsections (1) and (2) of this section, all multifamily development shall include at least 30 percent of the total lot area as landscaped open space. The landscaped open space shall not include any area used for vehicle circulation or parking, but may include residential open space areas, areas in required building setbacks, play areas, natural areas, and critical areas. (Ord. 3265 § 3 (Exh. A), 2023).
Townhouse and other ground-based multifamily shall provide open space as set forth in MMC 22C.020.280. (Ord. 3265 § 3 (Exh. A), 2023).
Maintenance and dedication of open space standards are set forth in MMC 22C.010.340. (Ord. 3265 § 3 (Exh. A), 2023).
Provisions for the city allowing a payment in lieu of providing on-site open space or recreation space are set forth in MMC 22C.020.300. (Ord. 3265 § 3 (Exh. A), 2023).
(1) Service Element Location and Design. All development shall provide a designated spot for service elements. Such elements shall meet the following requirements:
(a) Service areas (loading docks, trash dumpsters, compactors, recycling areas, electrical panels, and mechanical equipment areas) shall be located to avoid negative visual, auditory (noise), olfactory, or physical impacts on the street environment and adjacent residentially zoned properties. The city may require evidence that such elements will not significantly impact neighboring properties or public areas. (For example, the city may require noise damping specifications for fans near residential zones.)
(b) Exterior loading areas for commercial uses shall not be located within 20 feet of a single-family residentially zoned property, unless the director finds such a restriction does not allow feasible development. In such cases, the areas and drives will be separated from the residential lot by a masonry wall at least eight feet high. Internal service areas may be located across the street from a single family residential zone.
(c) Service areas must not be visible from the sidewalk and adjacent properties. Where the city finds that the only option for locating a service area is either visible from a public right-of-way or space or from an adjacent property, the area must be screened with either landscape or structural screening measures provided in Chapter 22C.120 MMC, Landscaping and Screening.
(d) The designated spot for service elements shall be paved with concrete.
(e) Appropriate enclosure of the common trash and recycling elements shall be required, as determined by the director. Requirements and considerations:
(i) A six-foot fence constructed of concrete block or brick enclosing trash and recycling receptacles is required. Coordination with the current franchise hauler is required. The sides and rear of the enclosure must be screened with L1, L2, L3, or L4 landscaping (as defined in MMC 22C.120.110) at least five feet deep in visible locations as determined by the director to soften the views of the screening element and add visual interest.
(ii) Proximity to adjacent residential units will be a key factor in determining appropriate service element treatment.
(iii) Preferably, service enclosures are integrated into the building itself.
(2) Utility Meters, Electrical Conduit, and Other Service Utility Apparatus. These elements shall be located and/or designed to minimize their visibility to the public. If such elements are mounted in a location visible from the street, pedestrian pathway, common open space, or shared auto courtyards, they shall be screened with vegetation or by architectural features.
(3) Roof-mounted mechanical equipment must be located and screened by a parapet, or other primary building element, so the equipment is not visible within 150 feet of the structure when viewed from the ground level of adjacent properties. Match the color of roof-mounted equipment with the exposed color of the roof to minimize visual impacts when equipment is visible from higher elevations nearby.
(4) Locate and/or shield noise-producing mechanical equipment such as fans, heat pumps, etc., so that noise reaching the adjacent properties is less than 50 dBA. If required by the director, the applicant must demonstrate that this standard is achieved by providing equipment specifications and/or calculations of noise impacts. (Ord. 3265 § 3 (Exh. A), 2023).
(1) Purpose. The fence standards promote the positive benefits of fences without negatively affecting the community or endangering public or vehicle safety. Fences provide separation from busy streets and sewer service areas, define vehicle areas, and enhance the appearance of property by providing attractive landscape materials. The negative effects of fences can include the creation of street walls that inhibit police and community surveillance, decrease the sense of community, hinder emergency access and the safe movement of pedestrians and vehicles, and create an unattractive appearance.
(2) Types of Fences.
(a) The standards apply to walls, fences, trellises, arbors and screens of all types whether open, solid, wood, metal, wire, masonry or other material.
(b) No barbed or razor-wire fence shall be permitted, except for the following:
(i) Industrial zones.
(ii) Confinement of livestock.
(iii) Public facilities, transmitter and transformer sites.
(iv) Government installations where security or public safety is required.
(v) Automobile holding yards and similar businesses if required under state law.
(3) Height.
(a) Business and Commercial Zones. All yards: eight feet.
(b) Industrial Zones. All yards: 10 feet.
(c) When a protective fence is located on top of a rockery, any portion of the fence above a height of eight feet shall be an open-work fence.
(d) 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.
(e) 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.
(f) 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.
(4) Setbacks.
(a) Front Lot Line.
(i) Solid fences greater than four feet in height shall be set back at least 20 feet from the street right-of-way, unless they are used to screen service areas or unsightly areas.
(ii) No fence taller than four feet above grade shall be located between a street and a building’s front facade or entrance.
(b) Side lot line: No setback requirement.
(c) Rear lot line: No setback requirement.
(d) For special rules relating to fences and walls near fire hydrants, see MMC 14.03.050(2) and the International Fire Code.
(5) Fence Exemptions.
(a) The director shall have authority to administratively grant an exception to the fence requirements outlined in this section. The director is authorized to issue exceptions in cases of special hardships, unique circumstances and practical difficulties. No exception shall be granted which would be detrimental to the public health, welfare or environment.
(b) 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:
(i) If the proposed fence is designed and constructed so that it does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks;
(ii) The proposed fence will not infringe upon or interfere with utility and/or access easements or covenant rights or responsibilities;
(iii) The increased fence height will not adversely affect adjacent property owners or reduce visibility of the property from the street. (Ord. 3265 § 3 (Exh. A), 2023).
Where lighted signs and illuminated areas are permitted, such illuminating devices shall be shaded and/or directed so as not to visibly create a nuisance to any property in a residential zoning classification. (Ord. 3265 § 3 (Exh. A), 2023).
(1) Site Lighting Levels. All publicly accessible areas shall be lighted with average minimum and maximum levels as follows:
(a) Minimum for low or nonpedestrian and vehicular traffic areas – one-half foot candle;
(b) Minimum for moderate or high volume pedestrian areas – one to two foot candles; and
(c) Maximum (for high volume pedestrian areas and building entries) – up to four foot candles.
(2) Light Quality and Shielding.
(a) Parking area lighting fixtures shall be full cut-off; dark sky rated and mounted no more than 20 feet about the ground, with lower fixtures preferable so as to maintain a human scale.
(b) Exterior lighting must comply with MMC 22C.065.220(4)(d).
(3) Architectural Lighting. The lighting of building features, artwork, and special landscape elements may be allowed, subject to the findings of the director that the light causes no significant adverse impact. (Ord. 3265 § 3 (Exh. A), 2023).
The Lakewood neighborhood master plan places a high priority on being a “walkable” and accessible community. Frequent and attractive connections between destinations through a well connected system of streets and pathways are required.
(1) Connectivity to Abutting Lands. The street system of proposed development shall be designed to connect with existing, proposed, and planned streets outside of the development. Wherever a proposed development abuts unplatted land or other land with the capability of being further subdivided, street stubs shall be provided to allow access to future abutting subdivisions and to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turn-around unless specifically exempted by the fire marshal, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.
(2) Continuation of Streets. Planned streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods and to facilitate emergency access and evacuation. Connections shall be designed to meet or exceed the block standards in subsection (3) of this section, and to avoid or minimize through traffic on local streets.
(3) Block Size. New development in mixed-use zones shall provide an integrated and connected network of streets to provide “direct” walking route options, orientation, a sense of place, and multiple travel route options. A street network dominated by long, irregular loop roads and cul-de-sacs is not appropriate. Blocks shall be designed to provide vehicular connections at intervals no greater than 600 feet and pedestrian access at intervals no greater than 300 feet (200 feet is preferred).
(4) Pedestrian Access Ways. Internal paths, such as an access way in the middle of a block, are encouraged to provide pedestrian access at intervals no greater than 300 feet to improve pedestrian mobility. Such access ways shall conform to all of the following standards:
(a) Width. Pedestrian access ways shall be located within dedicated public rights-of-way or private easements allowing public access with a minimum dimension of 10 feet in width;
(b) Design. Pedestrian access ways shall be constructed to sidewalk standards for local access roads or be designed as a multi-use trail per direction in the nonmotorized transportation systems plans outlined in the Lakewood neighborhood master plan and 2015 Transportation Element of the Marysville comprehensive plan. Also see Chapter 3 of the city of Marysville engineering design and development standards (EDDS). Alternative designs may be considered where significant environmental constraints are present;
(c) Safety. The access way shall incorporate design treatments that avoid a “tunnel effect” in the corridor and create a potential safety problem. Design solutions could involve the width, length, and/or the alignment of the corridor, height of fences adjacent to the corridor, lighting treatments, and/or the proposed landscaping along the corridor;
(d) Accessibility. Pedestrian access ways shall conform to applicable ADA requirements, except where not required by applicable ADA rules and regulations;
(e) Landscaping. The city may require landscaping to buffer pedestrians from adjacent vehicles and land uses. Plantings shall emphasize drought tolerant and low maintenance materials and shall maintain adequate visibility for safety; and
(f) Where pedestrian access ways are privately owned, they shall be operated and maintained by the developer until: (i) the declaration and covenants for plat are recorded, and (ii) a property owners, business, or homeowners organization has been established which shall be legally responsible for the operation and maintenance of the pedestrian access way. (Ord. 3265 § 3 (Exh. A), 2023).
Existing developments that do not conform to the development standards of this chapter are subject to the standards of Chapter 22C.100 MMC, Nonconforming Situations. (Ord. 3265 § 3 (Exh. A), 2023).
The standards pertaining to the required number of auto parking spaces, bicycle parking spaces, parking lot placement, parking lot setbacks and internal parking lot pedestrian connections are stated in Chapter 22C.130 MMC, Parking and Loading. (Ord. 3265 § 3 (Exh. A), 2023).
The sign standards are stated in Chapter 22C.160 MMC, Signs. (Ord. 3265 § 3 (Exh. A), 2023).
The landscaping and screening standards are stated in Chapter 22C.120 MMC, Landscaping and Screening. (Ord. 3265 § 3 (Exh. A), 2023).
(1) All decorative street light installations shall be Philips Lumec Renaissance Series color BRTX (textured bronze) or approved equal, and shall include the following, or latest model:
(a) Philips Lumec Renaissance Series fixture product number RN20-(90 or 135)W80LED-ACDR-LE3R-240-BRTX.
(b) Philips Lumec pole product number SSM8V-25-BRTX including pole, access door, plant support, decorative cover, ballast module, ballast tray, weld cover, base cover and GFCI receptacle.
(c) Philips Lumec Renaissance Series mounting arm product number NMIA-RNA-BRTX.
(d) Philips Lumec Renaissance Series pedestrian scale lighting may also be required and shall be determined based upon projects details specific to the location pedestrian sidewalk and/or multi-use path design. This product may include a standalone decorative pole with fixture or a decorative arm and fixture mounted on the decorative street light pole.
(2) Decorative street light standards shall be furnished and installed in accordance with the methods and materials noted in the applicable standard plans, preapproved plans, or special design plans. All welds shall comply with the latest AASHTO Standard Specifications for Support of Highway Signs, Luminaires, and Traffic Signals. Welding inspection shall comply with Section 6-03.3(25)A, Welding Inspection.
(3) All decorative street light standards shall meet the following:
(a) All poles and arms shall be round tapered steel.
(b) All lamps and electrical components shall be accessible without tools.
(c) Optical systems shall be IP66 rated.
(d) Luminaires shall incorporate LED lamps with an L70 rated LED lamp and driver life of 100,000 hours or greater.
(e) LED lamps shall have a color temperature of 4000K (+/- 350K).
(f) Decorative street light standards, luminaire arms, banner arms (if required), decorative bases, and visible mounting hardware shall be of the color BRTX (textured bronze) with a powder coating.
(g) Bolts shall be per manufacturer recommendation and installed per the plans and specifications.
(h) All poles shall have a hand hole for access to the tray-mounted ballasts.
(i) All standards shall be rated to withstand 100 MPH steady wind with a gust factor of 1.3.
(j) Bolt circle allowed shall be 11 inches at 13 inches.
(k) All poles and luminaire arms shall incorporate decorative elements identical to or similar to those shown within the plans.
(4) Every other (a minimum of 50 percent of installed) decorative street light standard shall meet the following:
(a) Have a 120-volt, built-in duplex GFCI receptacle outlet installed at the top of the pole. The GFCI receptacle outlet circuit shall be placed on a 20-amp minimum circuit. The GFCI receptacle outlets shall be inspected utilizing a standard off-the-shelf GFCI receptacle tester, prior to project completion, by the contractor in the presence of the city signal technician or city electrical inspector. GFCI outlets which fail the test shall be replaced by the contractor and retested by the contractor in the presence of the city signal technician or city electrical inspector.
(b) Have banner arms permanently mounted at a height of 20 feet and banner arms mounted to an adjustable clamp assembly at a height of 12 feet. Banner arms shall be 36 inches long and have a three-inch ball at the end.
(c) Banner arm mounts and duplex GFCI receptacle outlets shall be oriented 180 degrees from the steel arms of the luminaire.
(5) Decorative street light standards shall be engineered by the pole manufacturer. Drawings shall be stamped by a licensed structural engineer with current valid State of Washington stamp. The foundation shall be engineered by a licensed structural engineer using pole manufacture data and project supplied soils testing report. Engineered/stamped plans by a currently licensed structural engineer shall be submitted to the project engineer. Foundation work and pole manufacture shall not commence until engineered plans have been approved by the project engineer. All poles shall be circular in cross-section.
(6) After delivering the standards to the job site and before they are installed, they shall be stored in a place that will not inconvenience the public. All standards shall be installed in compliance with Washington State Utility and Electrical Codes.
(7) Factory approved touch-up paint of color BRTX (textured bronze) in the quantity of one unopened gallon shall be supplied to the city prior to project completion.
Figure 48 – Decorative street lighting required in the Lakewood neighborhood
(Ord. 3265 § 3 (Exh. A), 2023).
The purpose of this chapter is to apply design standards and guidelines in the East Sunnyside – Whiskey Ridge subarea, adopted by Ordinance No. 2696, as required standards for all new construction. It is also the purpose of this chapter to:
(1) Encourage the realization and creation of a desirable and aesthetic environment in the East Sunnyside – Whiskey Ridge subarea;
(2) Encourage and promote development which features amenities and excellence in site planning, streetscape, building design and contribution to community aesthetic appeal;
(3) Encourage creative approaches to the use of land and related physical developments;
(4) Minimize incompatible and unsightly surroundings and visual blight which prevent orderly community development;
(5) Allow a mixture of complementary land uses that may include housing, retail, offices, and commercial services, in order to create economic and social vitality and encourage the linking of vehicle trips;
(6) Develop commercial and mixed use areas that are safe, comfortable and attractive to pedestrians;
(7) Support the use of streets as public places that encourage pedestrian and bicycle travel;
(8) Reduce opportunities for crimes against persons and property;
(9) Minimize land use conflicts and adverse impacts;
(10) Provide roadway and pedestrian connections between residential and commercial areas;
(11) Provide public places and open space networks to create gateways, gathering places, and recreational opportunities that enhance the natural and built environment. (Ord. 3230 § 2 (Exh. A), 2022).
(1) Applicability.
(a) The design guidelines set forth in this chapter shall apply to all new construction in the East Sunnyside – Whiskey Ridge subarea.
(b) The design guidelines shall be legally required standards, which shall be applied by the city to all development approvals and permits in the East Sunnyside – Whiskey Ridge subarea.
(c) The following activities shall be exempt from these standards:
(i) Construction activities which do not require a building permit;
(ii) Interior remodels of existing structures;
(iii) Modifications or additions to existing multifamily, commercial, industrial, office and public properties when the modification or addition:
(A) Constitutes less than 10 percent of the existing horizontal square footage of the use or structure; and
(B) Constitutes less than 10 percent of the existing building’s exterior facade.
(d) Where these standards in this chapter conflict with other standards outlined in MMC Title 22, Unified Development Code, the director shall determine which regulation applies based on which is more in the public interest and more consistent with the comprehensive plan.
(2) Interpreting and Applying the Design Standards.
(a) These standards capture the community visions and values as reflected in the comprehensive plan’s neighborhood planning areas. The director retains full authority to determine whether a proposal meets these standards.
(b) Within these standards, certain words are used to indicate the relative importance and priority the city places upon a particular standard.
(i) The words “shall,” “must,” and “is/are required,” or words with their equivalent meaning, mean that the development proposal must comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance; or
(B) The development proposal meets the intent of the standards in some other manner.
(ii) The word “should,” or words with its equivalent meaning, means that the development proposal will comply with the standard unless the director finds that:
(A) The standard is not applicable in the particular instance;
(B) The development proposal meets the intent of the standards in some other manner; or
(C) There is convincing evidence that applying the standard would not be in the public interest.
(iii) The words “is/are encouraged,” “can,” “consider,” “help,” and “allow,” or words with their equivalent meaning, mean that the action or characteristic is allowed and will usually be viewed as a positive element in the city’s review.
(c) The project proponent may submit proposals that, in their opinion, 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. (Ord. 3230 § 2 (Exh. A), 2022).
The purpose of this article is to:
(1) Implement the East Sunnyside – Whiskey Ridge subarea plan goals and policies through land use regulations.
(2) Provide an efficient and compatible relationship of land uses and zones. (Ord. 3230 § 2 (Exh. A), 2022).
The Easy Sunnyside – Whiskey Ridge subarea regulations in this chapter comprise zoning classifications and regulations which are unique to the subarea, except where other regulations in this title are adopted by reference.
(Ord. 3366 § 66 (Exh. NNN), 2025; Ord. 3352 § 69 (Exh. NNN), 2025; Ord. 3230 § 2 (Exh. A), 2022).
Figure 2-1 illustrates the location and boundaries of East Sunnyside-Whiskey Ridge area for reference.
Figure 2-1
Click for high-resolution PDF
Click for high-resolution PDF.
(Ord. 3331 § 11 (Exh. K), 2024; Ord. 3230 § 2 (Exh. A), 2022).
To provide pedestrian-oriented streets where development faces the street. (Ord. 3230 § 2 (Exh. A), 2022).
All residential developments shall be designed to front onto streets. Configurations where dwelling units and/or residential lots back up any street are prohibited except for those lots adjacent to State Route 9.
Figure 3-1. Homes along an arterial served by alley access in the rear.
For example, new subdivisions along 83rd Avenue NE could be configured so that lots fronting on the street feature alley access in the rear or other shared driveway access as approved by the city on the side of the lots. Lot configurations where side yards face the street are acceptable. See standard MMC 22C.070.220(2) for related fence requirements along side yards. (Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To arrange and orient buildings in a way that encourages pedestrian activity in the neighborhood.
(b) To enhance the visual character and definition of streets within the neighborhood.
(c) To encourage interaction among neighbors.
(d) To increase privacy for residential uses located near the street.
(e) To take advantage of special opportunities to create a composition of buildings and open spaces.
Figure 4-1. Pedestrian-oriented facade example.
(2) Standards and Guidelines.
(a) Storefronts. Buildings with nonresidential uses on the ground floor may be placed at the edge of the sidewalk, provided they feature a pedestrian-oriented facade, per subsection (2)(b) of this section.
(b) Pedestrian-Oriented Facades. To meet the definition of a pedestrian-oriented facade, a facade must include the following elements:
(i) The primary pedestrian entrance shall be located on this facade.
(ii) The ground floor facade between two and eight feet above the ground shall contain a minimum of 75 percent transparent window area.
(iii) Weather protection at least five feet in depth and at least eight feet above the ground along a minimum of 75 percent of the facade.
Figure 4-2. Pedestrian-oriented facade requirements.
(c) Commercial and Mixed Use Buildings. Such buildings shall be located and oriented towards the street. To meet this requirement, the building entries and windows must face the street. Specific provisions and exceptions include:
(i) Parking lots shall not be located between the building and the street.
(ii) Building facades facing the street must have transparent windows or doors covering at least 25 percent of the ground floor facade between four and eight feet above the level of the sidewalk. Departures will be considered by the director provided the proposed building configuration and design enhances the pedestrian environment of the neighborhood.
(iii) For sites that front on more than one public street, the buildings are encouraged to orient to both streets. Priority shall be given to 87th Avenue NE or other streets that are more visible and/or provide a better opportunity for increased pedestrian activity.
(iv) For large sites (over two acres) featuring multiple buildings, developments shall configure buildings to create focal points for pedestrian activity on the site. However, no more than 50 percent of the 87th Avenue NE frontage may be occupied by vehicular access or parking. Exceptions: An increased percentage of parking or vehicular access along the street front may be allowed where the configuration allows the development to better meet the intent of the standards and guidelines. For example, if the configuration allows for a centralized plaza surrounded by a concentration of retail uses, an increase in the percentage of parking along the street front would be allowed.
(v) Development fronting on Soper Hill Road and 35th Street NE may be exempted from this requirement.
(vi) Where unique topographical or environmental conditions make conformance difficult or undesirable, the director shall allow alternative building placement and/or orientation, provided the overall development meets the intent of the standards and guidelines.
For all departures or exemptions noted above, the development shall incorporate design features that add visual interest to the pedestrian environment, maintain visual continuity along the streets and enhance pedestrian access.

Figure 4-3. For large sites featuring multiple buildings, no more than 50 percent of the primary public street frontage may be occupied by vehicular access or.
(d) Front Setbacks for Multifamily Buildings. Ground floor multifamily residential uses and residential buildings shall be set back at least 10 feet from the sidewalk.
(e) Multifamily Building Location and Orientation. Multifamily residential buildings shall be located and oriented towards streets and not parking lots or adjacent properties. Specifically:
(i) Parking lots shall not be located between the building and the street.
(ii) The primary building entry shall face the street. Alternatively, building entries that face onto a courtyard which is oriented towards the street are acceptable.
Figure 4-4. Multifamily building oriented towards the street.
(iii) Buildings with individual ground floor entries should face the street to the extent possible. Again, configurations where entries face onto a courtyard or open space that is oriented to the street are acceptable.
(iv) Buildings shall also provide windows that face the street to provide “eyes on the street” for safety. To meet this requirement, at least 15 percent of the facade shall be occupied by transparent windows or doors. See Figure 4-5 for clarification on how transparency requirements are calculated.

Figure 4-5. Facade transparency requirements.
(v) Departures will be considered by the director provided they meet the intent of the standards and guidelines. For example, alternative configurations may be more desirable to take advantage of special views or special environmental features.

Figure 4-6. Good and bad multifamily development configurations.
(Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To enhance the character and identity of the area.
(b) To enhance the pedestrian environment at street corners.

Figure 4-7. This example includes both a building located towards the street corner and a small pedestrian-oriented space.
(2) Standards and Guidelines for Street Corner Treatment.
(a) Street corner developments are subject to the city’s site distance standards.
(b) All development proposals located at street corner sites in the community business and mixed use zones shall include at least one of the design treatments described below (in order of preference):
(i) Locate a building towards the street corner (within 15 feet of the corner property line).
(ii) Provide pedestrian-oriented space (as defined in MMC 22C.070.100(2)(c)) at the corner leading directly to a building entry or entries.
Figure 4-8. Street corner building example.
If subsection (2)(b)(i) or (ii) of this section is not feasible or desirable per the director, consider the following options:
(iii) Install substantial landscaping (at least 30 feet by 30 feet or 900 square feet of ground surface area with trees, shrubs, and or ground cover). The space may include a special architectural element, such as a trellis, to add identity or demarcation of the area. Such an architectural element may have a sign incorporated into it (as long as such sign does not identify an individual business or businesses);
(iv) Other treatments will be considered, provided they meet the intent of the standards and guidelines as determined by the director.

Figure 4-9. This street corner successfully combines landscaping with architectural elements. Signage demarcates the area, not an individual store.
(Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To provide a variety of accessible and inviting pedestrian-oriented areas to attract shoppers to commercial areas and enrich the pedestrian environment.
(b) To create usable, accessible, and inviting open spaces for residents.
(c) To create open spaces that enhance the residential setting.

Figure 4-10. Pedestrian-oriented spaces are a critical element of successful commercial and mixed use developments.
(2) Standards and Guidelines.
(a) Developments are subject to Chapter 22D.020 MMC, Parks, Recreation, Open Space and Trail Impact Fees and Mitigation, until otherwise noted.
(b) Open Space for Nonresidential Uses. Nonresidential uses shall provide pedestrian-oriented space, defined in subsection (2)(c) of this section, in conjunction with new development according to the formula below.
(i) Requirement. Two percent of the applicable site plus one percent of the nonresidential building floor area (excluding structured parking areas).
(ii) Applicable site refers to that portion of a property or properties that is proposed for development.
(iii) For the purposes of this section, all required sidewalks and walkways shall not count as pedestrian-oriented space. However, the director may allow those portions of sidewalks or walkways widened beyond minimum requirements to count towards the required pedestrian-oriented space as long as such space meets the definition of pedestrian-oriented space.

Figure 4-11. An illustration of how much pedestrian-oriented space would be required for a typical grocery story served by surface parking.
(c) Pedestrian-Oriented Spaces. These are predominantly hard-surfaced plaza- or courtyard-type spaces provided with commercial and mixed use buildings.
(i) To qualify as a pedestrian-oriented space, an area shall have:
(A) Pedestrian access to the abutting structures from the street, private drive, or a nonvehicular courtyard.
(B) Paved walking surfaces of either concrete or approved unit paving.
(C) Pedestrian-scaled lighting (no more than 15 feet in height) at a level averaging at least two foot-candles throughout the space. Lighting may be on-site or building-mounted lighting.
(D) At least two linear feet of seating area (bench, ledge, etc.) or one individual seat per 60 square feet of plaza area or open space (up to 50 percent of seats may be movable).
(E) Be sited in areas with significant pedestrian traffic to provide interest and security, such as adjacent to a building entry.
(F) Landscaping components that add seasonal interest to the space. The following features are encouraged in pedestrian-oriented space and may be required by the director for a space to meet the intent of the standards and guidelines.
Figure 4-12. Pedestrian-oriented space in front of a grocery store.

Figure 4-13. Pedestrian-oriented space in a shopping.
(ii) The following features are encouraged in pedestrian-oriented space and may be required by the director for a space to meet the intent of the standards and guidelines:
(A) Pedestrian amenities, such as a water feature, drinking fountain, tables, and/or distinctive paving or artwork.
(B) A pedestrian-oriented building facade on some or all buildings facing the space.
(C) Consideration of the sun angle at noon and the wind pattern in the design of the open space.
(D) Transitional zones along building edges to allow for outdoor eating areas and a planted buffer.

Figure 4-14. Examples of pedestrian-oriented spaces.
(iii) The following features are prohibited within pedestrian-oriented space:
(A) Asphalt or gravel pavement.
(B) Adjacent unscreened parking lots.
(C) Adjacent chain link fences.
(D) Adjacent blank walls.
(E) Adjacent unscreened dumpsters or service areas.
(F) Outdoor storage or retail sales that do not contribute to the pedestrian.

Figure 4-15. Pedestrian-oriented space example.

Figure 4-16. Large example of pedestrian- oriented space.
(d) Multifamily Open Space. Multifamily residential uses shall provide open space equivalent to at least 20 percent of the building’s livable floor area. The required area may be satisfied with one or more of the elements listed below:
(i) Common open space accessible to all residents shall count for up to 100 percent of the required open space. This includes landscaped courtyards or decks, gardens with pathways, children’s play areas, or other multipurpose recreational and/or green spaces. Special requirements and recommendations for common spaces include the following:
(A) Space shall be large enough to provide functional leisure or recreational activity per the director. For example, long narrow spaces (less than 20 feet wide) rarely, if ever, can function as usable common space.
(B) Consider space as a focal point of development.
(C) Space (particularly children’s play areas) shall be visible from dwelling units and positioned near pedestrian activity.
(D) Space shall feature paths, plantings, seating, lighting and other pedestrian amenities to make the area more functional and enjoyable.
(E) Individual entries shall be provided onto common open space from adjacent ground floor residential units. Small, semi-private open spaces for adjacent ground floor units that maintain visual access to the common area are strongly encouraged to enliven the space.
Figure 4-17. A residential courtyard providing semi-private patio spaces adjacent to individual units.
(F) Separate common space from ground floor windows, streets, service areas and parking lots with landscaping and/or low-level fencing, where desirable.
Figure 4-18. Common open space for a townhouse development.
(G) Space should be oriented to receive sunlight, facing east, west, or (preferably) south, when possible.
(H) Required setbacks, landscaping, driveways, parking, or other vehicular use areas shall not be counted toward the common space requirement.
(I) Rooftop decks shall not be considered as common open space for the purpose of calculating.
Figure 4-19. A courtyard for a mixed use development providing an amenity to residents and the adjacent coffee shop.
(ii) Individual balconies may be used to meet up to 50 percent of the required open space. To qualify as open space, balconies shall be at least 35 square feet, with no dimension less than four feet, to provide a space usable for human activity.
Figure 4-20. Balconies provide private, usable open space for residents.
(iii) Natural areas that function as an amenity to the development may count for up to 50 percent of the required open space, subject to the following requirements and recommendations:
(A) The natural area shall be accessible to all residents. For example, safe and attractive trails provided along or through the natural area where they could serve as a major amenity to the development.
(B) Steep slopes, wetlands, or similar unbuildable areas shall not be counted in the calculations for required open space unless they provide a visual amenity for all units, as determined by the director.
(iv) Stormwater retention areas may be counted for up to 50 percent of the required open space 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 stormwater requirements per the director in terms of the area involved and the quality of landscaping and resident amenities. The side slope of the stormwater facilities shall not exceed a grade of 1:3 (one vertical to three horizontal) unless slopes are existing, natural, and covered with vegetation.
(v) Children’s play equipment and recreational activity space for children and/or teens and parent seating areas are encouraged in residential complexes with 20 or more units. Exceptions: age-restricted senior citizen housing, developments located within one-quarter mile of a public park that features a play area, mixed use developments, and developments reserved for student housing.
Figure 4-21. Children’s play area incorporated into a multifamily development.
(e) Townhouse, Middle Housing, and Ground-Based Multifamily Open Space. Townhouses, middle housing, and ground-based multifamily residential units with individual exterior entries must provide at least 200 square feet of private open space per dwelling unit adjacent to, and directly accessible from, each dwelling unit. This may include private balconies, individual rear yards, landscaped front yards, and covered front porch areas. Exception: Common open space designed per subsection (2)(d)(i) of this section may substitute for up to 50 percent of each unit’s required private or semi-private open space on a square foot per square foot basis.
Figure 4-22. These townhouses provide balconies and semi-private yard space.

Figure 4-23. Example townhouse configuration with a combination of private open spaces adjacent to units and larger common open space accessible to all units.
(Ord. 3366 § 67 (Exh. OOO), 2025; Ord. 3352 § 70 (Exh. OOO), 2025; Ord. 3230 § 2 (Exh. A), 2022).
(1) Since the community business and mixed use zones provide for a wide range of use types, design treatments along the side and rear yards will be critical in ensuring compatibility between developments. Thus the following standards and guidelines are intended to provide clear objectives (intent statements) and a tool box of options to choose the appropriate design treatment for the specific situation.
(2) Intent.
(a) To provide for compatibility between uses.
(b) To encourage coordinated development between compatible uses.
(c) To provide for a visual and physical separation of residential uses from commercial uses, where desired.
(d) To maximize privacy for residential uses.
(e) To allow for sufficient solar access to residential uses located along a side or rear yard.
(3) Standards and Guidelines.
(a) Side and Rear Setbacks.
(i) Community Business and Mixed Use Zones.
(A) Zero feet for windowless fire walls up to 20 feet in height.
(B) Fifteen feet for all other buildings up to 35 feet in height. One foot of additional setback is required for each foot of height over 35 feet.
(C) Reduced setbacks will be considered provided the design treatment meets the intent of the standards and guidelines with respect to the subject property and current or vested uses on the adjacent property.
(ii) Other Zones.
(A) Fifteen feet for all other buildings up to 35 feet in height. One foot of additional setback is required for each foot of height over 35 feet.
(B) Reduced setbacks will be considered provided the design treatment meets the intent of the standards and guidelines with respect to the subject property and current or vested uses on the adjacent property.
(b) Solar Access and Privacy.
(i) Buildings or portions thereof containing dwelling units whose solar access is only from the applicable side of the building (facing towards the side property line) shall be set back from the applicable side or rear property lines at least 15 feet. See Figure 4-24.
(ii) Transparent windows shall occupy no more than 10 percent of any facade within 15 feet of the side or rear property line.
(iii) Balconies or rooftop decks within 15 horizontal feet of a side property line must utilize opaque guard rails to minimize privacy impacts to adjacent properties.
(iv) Departures may be granted to the above standard provided the design treatment meets the intent of the standards and guidelines with respect to the subject property and current or vested uses on the adjacent property. Where the adjacent property is undeveloped or underdeveloped (as determined by the director), the proposed departure treatment should not hinder permitted development opportunities on said adjacent property.

Figure 4-24. Side yard setback standards and guidelines for multifamily buildings depend on their dwelling units’ solar access.
(c) Side and Rear Yard Buffer Requirements. All developments shall incorporate one or more of the following design options:
(i) Provide Landscaping Type L1 (see MMC 22C.120.110) at least 10 feet deep along side and rear property lines where adjacent to residential zoned land.
(ii) Provide Landscaping Type L2 or L3 (see MMC 22C.120.110) at least 10 feet deep along side and rear property lines where a visual separation of uses is desired. The width of the planting strip may be reduced to five feet if used in conjunction with a screen fence approximately six feet tall.

Figure 4-25. Side and rear yard design treatment options.
(iii) Other treatments that meet the intent of the standards and guidelines as approved by the director. Factors that must be considered in determining the appropriate treatment include views, applicable uses, connectivity, and desired level of privacy. Some options include:
(A) Shared pathway along or adjacent to the property line with landscaping. This is a desirable configuration that can enhance pedestrian circulation and provides an efficient use of space. This treatment requires a recorded agreement with applicable adjacent property owner(s).
(B) Tall privacy fence or hedge (up to six feet tall). This is most applicable for commercial uses adjacent to multifamily uses – where the fence does not negatively impact views from the street or nearby properties.
(C) Low screen fence or hedge (up to three feet tall). This may be a more attractive option where a taller fence might provide negative visual impacts.
(D) Where allowed in the specific zoning district, buildings sited up to the property line may be acceptable provided material, color, and/or textural changes to the building wall are included that add visual interest to the wall. (Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To create a safe, convenient, and efficient network for vehicular circulation and parking.
(b) To enhance access to the area from the surrounding neighborhood.
(c) To upgrade the appearance of interior access roads.
(d) To minimize negative impacts of driveways on the streetscape and pedestrian environment.
(2) Standards and Guidelines.
(a) Vehicular Circulation Network. Developments shall provide a safe and convenient network of vehicular circulation that connects to the surrounding road/access network and provides the opportunities for future connections to adjacent parcels, where desirable and applicable.
(b) Internal Access Roads. Commercial and mixed use developments of large sites (more than five acres) are encouraged to design interior access roads to look and function more like public streets. This includes planting strips and street trees on both sides, sidewalks on one or both sides, and perpendicular parking on one or both sides. These features may be required by the director based on the nature of adjacent uses and anticipated pedestrian activity.
Figure 5-1. Internal access road designed to look and function like a public street. Note on-street parking, lighting, street trees, and sidewalks.
(Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To provide flexibility in how developments accommodate parking.
(b) To maintain active pedestrian environments along streets by placing parking lots primarily in back of buildings.
(c) To ensure safety of users of parking areas, increase convenience to businesses, and reduce the impact of parking lots wherever possible.
(d) To physically and visually integrate parking garages with other uses.
(e) To reduce the overall impact of parking garages when they are located in proximity to the designated pedestrian environment.
(2) Standards and Guidelines.
(a) The standards pertaining to the required number of auto parking spaces, bicycle parking spaces, parking lot placement, parking lot setbacks and internal parking lot pedestrian connections are stated in Chapter 22C.130 MMC, Parking and Loading.
(b) On-Street Parking Spaces. On-street parking spaces adjacent to commercial uses shall count towards off-street parking requirements.
(c) Shared Parking. Shared parking between and among uses is encouraged and shall be permitted in accordance with Chapter 22C.130 MMC. Coordination between different uses and property owners to provide for shared structured parking facilities is encouraged.
(d) Parking Lots at Intersections. Parking lots shall not be located adjacent to intersections. Exceptions may be granted by the director where alternative design treatments, such as special landscaping and architectural components adjacent to the street corner, enhance the visual character of the street and the pedestrian environment and where the project meets all other applicable design standards and guidelines.
(e) Parking Structure Standards.
(i) Parking structures adjacent to 87th Avenue shall provide space for ground-floor commercial uses along street frontages for a minimum of 75 percent of the frontage width.
(ii) Parking structures adjacent to streets and not featuring a pedestrian-oriented facade shall be set back at least 10 feet from the sidewalk and feature landscaping between the sidewalk and the structure. This shall include a combination of evergreen and deciduous trees, shrubs, and groundcover. Alternative measures shall be considered, provided the treatment meets the intent of the standards and guidelines.
(iii) Parking garage entries shall be designed and sited to complement, not subordinate, the pedestrian entry. If possible, locate the parking entry away from the primary street, to either the side or rear of the building.
(iv) Parking within the building should be enclosed or screened through any combination of landscaping berms, walls, decorative grilles, or trellis work with landscaping. Facade openings that resemble windows can be attractive and are permitted at the ground and upper levels.
(v) Parking garages visible from a street shall be designed to be complementary with adjacent buildings on site. This can be accomplished by using similar building forms, materials, fenestration patterns, and/or details to enhance garages.
(vi) An unbroken series of garage doors is not permitted on any street frontage.

Figure 5-2. A good example of a parking garage entrance for a mixed use development.

Figure 5-3. A good parking garage example with landscaping elements to screen cars and provide visual interest.
(Ord. 3366 § 68 (Exh. PPP), 2025; Ord. 3352 § 71 (Exh. PPP), 2025; Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To provide safe, convenient, and comfortable pedestrian circulation.
(b) To enhance the character and identity of the area.
(c) To promote walking, bicycling, and transit use.
(2) Standards and Guidelines.
(a) Sidewalk Design. Developments shall utilize appropriate sidewalk widths, materials, designs, and construction standards and guidelines to enhance pedestrian access and complement city life. Specifically:
(i) Sidewalks shall be constructed per the city’s engineering design and development standards (EDDS), unless otherwise directed by these design standards and guidelines.
(ii) Sidewalk widths shall follow the streetscape design standards and the city’s EDDS.
Outdoor business activities are permitted within the public right-of-way only if additional public sidewalk is provided greater than the required width. No business activities are allowed in the minimum required width. Also see Figure 6-1 for other sidewalk width considerations.
(iii) Sidewalk materials, colors, and textures shall be determined by the director, based on the following:
(A) Whiskey Ridge streetscape design plan.
(B) City’s engineering design and development standards.

Figure 6-1. Appropriate sidewalk widths.
(b) Internal Pedestrian Walkways.
(i) Internal pathways along the front facade of mixed use and retail buildings 100 feet or more in length (measured along the facade) that are not located adjacent to a street must be at least 12 feet wide with eight feet minimum unobstructed width and include the following:
(A) Street trees, as approved by the director, should be placed at an average of 30 feet on-center and placed in grates (except where trees are placed in planting strips). Breaks in the tree coverage will be allowed near major building entries to enhance visibility.
However, no less than one tree per 60 lineal feet of building facade must be provided.

Figure 6-2. Design standards for internal walkways along storefronts and a photo example.
(B) Planting strips may be used between any vehicle access or parking area and the pathway; provided, that the required trees are included and the pathway is at least eight feet in width and the combined pathway and planting strip is at least 14 feet in width.
Figure 6-3. Pathway/landscaping requirements adjacent to nonpedestrian-oriented facades.
(C) Pedestrian-scaled lighting may be used as a substitute to the required street trees subject to director approval, provided they are used at the same intervals.
(ii) For all other interior pathways, the applicant shall successfully demonstrate that the proposed walkway is of sufficient width to accommodate the anticipated number of users. See Figure 6-1 for considerations.
(iii) Pedestrian walks shall be separated from structures by at least three feet of landscaping, except where the adjacent building features a pedestrian-oriented facade. The director shall consider alternative treatments to provide attractive pathways. Examples include the use of planter boxes and/or vine plants on walls, sculptural, mosaic, bas-relief artwork, or other decorative wall treatments that meet the intent of the standards and guidelines.

Figure 6-4. A good example of wall design treatment that would qualify for a departure from subsection (2)(b)(iii) of this section.
(Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To create a network of linkages for pedestrians to improve safety and convenience and enhance the pedestrian environment.
(2) Standards and Guidelines.
(a) Pedestrian Access. All buildings shall have clear pedestrian access to the sidewalk. Where a use fronts two streets, access shall be provided from the road closest to the main entrance, preferably from both streets. Buildings with entries not facing the street should have a clear and obvious pedestrian access way from the street to the entry.
(b) Parking Lot Pathways. A paved walkway or sidewalk shall be provided for safe walking areas through parking lots greater than 175 feet long (measured either parallel or perpendicular to the street front). Walkways shall be provided for every three parking aisles or a distance of less than 175 feet shall be maintained between paths (whichever is more restrictive). Such access routes through parking areas shall be separated from vehicular parking and travel lanes by use of contrasting paving material, which may be raised above the vehicular pavement. Speed bumps may not be used to satisfy this requirement. Trees and pedestrian-scaled lighting (maximum 15 feet in height) shall be used to clearly define pedestrian walkways or other pedestrian areas within the parking area.
Figure 6-5. Parking lot pathway requirements.

Figure 6-6. Parking lot pathway example.
(Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To create attractive spaces that unify the building and street environments that are inviting, comfortable, and safe for pedestrians.
(b) To ensure visibility for pedestrians and automobiles.
(2) Standards and Guidelines.
(a) Lighting Standards and Guidelines. Provide appropriate lighting levels in all areas used by pedestrians or automobiles, including building entries, walkways, parking areas, circulation areas, and other open space areas.
New developments shall provide site lighting that meets the following design criteria through implementing measures such as:
(i) All public areas shall be lighted with average minimum and maximum levels as follows:
(A) Minimum (for low or nonpedestrian and vehicular traffic areas) of one-half foot-candles;
(B) Moderate (for moderate or high volume pedestrian areas) of one to two foot-candles; and
(C) Maximum (for high volume pedestrian areas and building entries) of four foot-candles.
(ii) Lighting shall be provided at consistent levels, with gradual transitions between maximum and minimum levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and dark areas shall be avoided.
(iii) Parking lot lighting fixtures shall be nonglare and mounted no more than 25 feet above the ground, with lower fixtures preferable so as to maintain a human scale. Requests for higher lighting fixtures may be considered with the approval of the director. All fixtures over 15 feet in height shall be fitted with a full cut-off shield.
(iv) Pedestrian-scaled lighting (light fixtures no taller than 15 feet) is encouraged in areas with high anticipated pedestrian activity. Lighting shall enable pedestrians to identify a face 45 feet away in order to promote safety.
(v) Lighting should not be permitted to trespass onto adjacent private parcels nor shall light source (luminaire) be visible at the property line. All building lights shall be directed onto the building itself and/or the ground immediately adjacent to it. The light emissions should not be visible above the roofline of the building. Light fixtures other than traditional cobra heads are encouraged. (Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To make building entrances convenient to locate and easy to access.
(b) To enhance the pedestrian environment along streets.
(2) Standards and Guidelines.
(a) Visible Entries. Primary building and business entrances shall be prominent, visible from surrounding streets or pedestrian-oriented space, and connected by a walkway to the public sidewalk. Also see MMC 22C.070.080 for related provisions.

Figure 7-1. Prominent building entrance example.
(b) Weather Protection. Weather protection at least five feet deep and proportional to the distance above ground level shall be provided over the primary entry of all businesses and nonresidential buildings. Weather protection for the primary entry of residential units shall be at least three feet deep.
(c) ADA Requirements. Pedestrian pathways from public sidewalks to primary entrances, or from parking lots to primary entrances, shall be accessible, conforming to federal and state Americans with Disabilities Act requirements, and shall be clearly delineated.
(d) 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.
(e) 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 Figures 7-2 and 7-3 for good and bad examples.

Figure 7-2. Ground floor residential units directly accessible to the street with landscaping at the entry.

Figure 7-3. A bad townhouse example with no landscaping adjacent to the entry.
(f) Secondary Public Access. Whereas these design standards and guidelines encourage businesses to front on streets rather than parking lots, a large number of customers will likely use the secondary entry off of the parking lot. Such businesses that have secondary public access shall comply with the following measures to enhance secondary public access (applies only to entries used by the public):
(i) Weather protection at least three feet deep is required over each secondary entry.
(ii) Two or more of the following design elements shall be incorporated within or adjacent to the secondary entry:
(A) A transparent window or door to allow visibility into the business;
(B) A landscaping bed, trellis, or other permanent landscaping element adjacent to the entry;
(C) Decorative architectural treatments that add visual interest to the entry;
(D) Outdoor dining area or pedestrian-oriented space;
(E) Decorative lighting; or
(F) Other design elements that meet the intent of the standards and guidelines per the director.

Figure 7-4. Front (left) and back (right) entrances of a retail building sited adjacent to a public street. While the sidewalk entrance is designed as the primary entrance, the back entry includes weather protection and use of decorative building materials to enhance this secondary entry.
(Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To promote architecture that contributes to the character and identity of the neighborhood.
(b) To reduce the scale of large buildings and add visual interest.
(c) To provide minimum floor-to-ceiling heights for ground floor commercial spaces appropriate to accommodate a full range of retail uses.
(2) Standards and Guidelines.
(a) No Franchise or Corporate Architecture. Architecture that is defined predominately by corporate identity features (and difficult to adapt to other uses) is prohibited. For example, some fast food franchises have very specific architectural features that reinforce their identity. Besides diluting the neighborhood’s identity with corporate (and, therefore, generic) identities, these buildings are undesirable because they are not adaptable to other uses when the corporate franchises leave.

Figure 7-5. Generic franchise and corporate architecture is not allowed.

Figure 7-6. Examples from other communities where a fast food franchise’s architecture was modified to fit into the context of the community.
(b) Building Facades. All facades of a building shall be given equal design consideration. Some flexibility may be given by the director for alley or other facades that are not visible from streets, parks, parking lots, or other uses.
(c) Streetfront Articulation. All nonresidential building facades fronting directly on a street must include at least two of the following articulation features at intervals no greater than 30 feet.
(i) Use of window and/or entries that reinforce the pattern of small storefront spaces.
(ii) Use of weather protection features that reinforce the pattern of small storefronts. For example, for a business that occupies three lots, use three separate awnings to break down the scale of the storefronts. Alternating colors of the awnings may be useful as well.
(iii) Change of roofline.
(iv) Change in building material or siding style.
(v) Other methods that meet the intent of the standards and guidelines.
Figure 7-7. For commercial buildings built up to the sidewalk, provide facade articulation features at no more than 30-foot intervals.
(d) Facade Articulation for All Other Nonresidential Buildings Not Covered in Subsection (2)(c) of This Section. All nonresidential building facades fronting on a street or containing a pedestrian entrance must include at least three of the following articulation features at intervals no greater than 70 feet.
(i) Use of window and/or entries that reinforce the pattern of small storefront spaces.
(ii) Vertical building modulation. The minimum depth and width of modulation shall be two and four feet, respectively (preferably tied to a change in roofline, building material or siding style).
(iii) Use of weather protection features that reinforce the pattern of small storefronts.
(iv) Change of roofline.
(v) Change in building material or siding style.
(vi) Providing lighting fixtures, trellis, tree, or other landscape feature within each interval.
(vii) Articulation of the building’s top, middle, and bottom for multistory commercial buildings. This typically includes a distinctive ground floor or lower floor design, consistent articulation of middle floors, and a distinctive roofline.
(viii) Other methods that meet the intent of the standards and guidelines.
(ix) Exception: Alternative articulation methods will be considered by the director provided such treatment meets the intent of the standards and guidelines. For example, use of high quality building materials (such as brick or stone) with attractive detailing may allow a building to meet the intent of the standards using greater articulation intervals. Also, where the articulated features are more substantial in terms of effectively breaking up the facade into smaller components, then a greater distance between architectural intervals may be acceptable.

Figure 7-8. Example of building articulation.

Figure 7-9. This building utilizes a number of methods to reduce its perceived bulk.

Figure 7-10. An example of clearly articulating a building’s top, middle, and bottom by utilizing a combination of storefront elements on the ground floor, defined window patterns and articulation treatments on upper floors, and a distinctive roofline and/or top floor.
(e) Roofline Modulation.
(i) In order to qualify as an articulation element in subsection (2)(c), (d), or (e) of this section, the roofline shall meet the following modulation requirements:
(A) For flat roofs or facades with horizontal eave, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of the wall) when combined with vertical building modulation techniques described in this subsection (2)(e). Otherwise, the minimum vertical dimension of roofline modulation is the greater of four feet or 0.2 multiplied by the wall height.
(B) Buildings with pitched roofs must include a minimum slope of 5:12 and feature modulated roofline components at the interval required per the applicable standard above.
(ii) For large-scale retail uses (with at least 50,000 square feet of floor area and facades greater than 150 feet in width), the storefront shall integrate a prominent entry feature combining substantial roofline modulation with vertical building modulation and a distinctive change in materials and/or colors. The minimum vertical dimension of roofline modulation is the greater of six feet or 0.3 multiplied by the wall height (finish grade to top of the wall). The director will consider alternative treatments provided they meet the intent of the standards and guidelines.

Figure 7-11. Roofline modulation standards.

Figure 7-12. Good examples of prominent pedestrian entries for large-scale retail uses. Note height change, vertical modulation, use of building materials, colors, and detailing to add interest and emphasis.
(f) Facade Articulation – Multifamily Residential Buildings and Residential Portions of Mixed Use Buildings. All residential buildings and residential portions of mixed use buildings shall include at least three of the following articulation features at intervals of no more than 30 feet along all facades facing a street, common open space, and common parking areas:
(i) Repeating distinctive window patterns at intervals of no more than 30 feet. See Figure 7-14 for an example.
(ii) Vertical building modulation. Minimum depth and width of modulation is two feet and four feet, respectively, if tied to a change in color or building material and/or roofline modulation as defined in subsection (2)(e) of this section. Otherwise, minimum depth of modulation is 10 feet and minimum width for each modulation is 15 feet. Balconies may not be used to meet modulation option unless they are recessed or projected from the facade at least 18 inches and integrated with the building’s architecture as determined by the director.
Figure 7-13. An example of balconies integrated with the architecture of the building.
(iii) Horizontal modulation (upper level step-backs). To qualify for this measure, the minimum horizontal modulation shall be five feet.
(iv) Articulation of the building’s top, middle, and bottom. This typically includes a distinctive ground floor or lower floor design, consistent articulation of middle floors, and a distinctive roofline. (See Figures 7-10 and 7-14.)
Figure 7-14. Note the repeating distinctive window patterns and the articulation of the buildings top, middle, and bottom.

Figure 7-15. Example of good articulation for a multifamily building.
(g) Maximum Facade Width. The maximum facade width (the facade includes the apparent width of the structure facing the street and includes required modulation) of multifamily residential buildings and residential floors of mixed use buildings is 120 feet. Buildings exceeding 120 feet in width along the street front shall be divided by a modulation of the exterior wall, so that the maximum length of a particular facade is 120 feet. Such modulation shall be at least 20 feet or deeper and extend through all residential floors.
For large-scale retail uses, prominent entry features required in subsection (2)(e)(ii) of this section may also be used to meet this requirement.
The director may consider departures from this guideline, provided the proposed treatment meets the intent of the standards and guidelines. See Figure 7-16 for a good example of an attractive treatment that meets the intent.
Figure 7-16. The prominent vertical element of this building effectively breaks up the perceived scale of the building and adds visual interest.

Figure 7-17. Requirements for facade length.
(h) Minimum Floor-to-Ceiling Height for Commercial Uses. In order to ensure the ground floor of structures has adequate height to function efficiently for retail uses, spaces intended for commercial uses shall provide a minimum 13-foot floor-to-finished-ceiling height. (Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To encourage the incorporation of design details and small-scale elements into building facades that are attractive at a pedestrian scale.
(b) To create visual interest and increased activity at public street corners.
(2) Standards and Guidelines.
(a) Details Toolbox for Commercial Buildings. All commercial buildings shall be enhanced with appropriate details. All new buildings shall employ at least one detail element from each of the three categories below. Other mixtures of detail elements will be considered provided they meet the intent. The applicant must demonstrate how the amount, type, and mix of details meet the intent of the standards and guidelines. For example, a large building with multiple storefronts will likely need more than one decorative sign, one transom window, and one decorative kick-plate to meet the intent of the standards and guidelines.
Figure 7-18. Decorative use of building materials, lighting, signage, and landscaping creates a statement at this corner location.
(i) Window and/or entry treatment:
(A) Display windows divided into a grid of multiple panes.
(B) Transom windows.
(C) Roll-up windows/doors.
(D) Other distinctive window treatment that meets the intent of the standards and guidelines.
(E) Recessed entry.
(F) Decorative door.
(G) Arcade.
(H) Landscaped trellises or other decorative element that incorporates landscaping near the building entry.
(I) Other decorative entry treatment that meets the intent of the standards and guidelines.
Figure 7-19. This building would meet the details guideline by using a decorative entry element, building materials, and lighting.
(ii) Decorative facade attachments:
(A) Decorative weather protections element such as a steel canopy, decorative cloth awning, or retractable awning.
(B) Decorative, custom hanging sign(s).
(C) Decorative building-mounted light fixtures.
(iii) Decorative facade attachments:
(A) Decorative weather protections element such as a steel canopy, decorative cloth awning, or retractable awning.
(B) Decorative, custom hanging sign(s).
(C) Decorative building-mounted light fixtures.
(iv) Decorative elements referenced above must be distinct “one-of-a-kind” elements or unusual designs that require a high level of craftsmanship as determined by the director.
(b) Details Toolbox for Multifamily Buildings. All multifamily buildings shall be enhanced with appropriate details. Each of the types of details listed below are worth one point unless otherwise noted. Multifamily building facades must achieve the equivalent of four points worth of architectural details. Chosen details must be compatible with the chosen architectural style. Detail options:
(i) Decorative porch design with distinct design and use of materials.
(ii) 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.
(iii) Landscaped trellises or other decorative element that incorporates landscaping near the building entry or entries.
(iv) 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.
(v) Brick or stonework covering more than 10 percent of the facade (two points).
Figure 7-20. This building uses brick for more than 10 percent of the facade, a decorative mix of materials and colors, decorative entries, and decorative windows to add visual interest.
(vi) Decorative building materials that add visual interest, including:
(A) Individualized patterns or continuous wood details.
(B) Decorative moldings, brackets, wave trim or lattice work.
(C) Decorative brick or stonework (may be in addition to the brick or stonework credits noted above if they are arranged in a decorative manner that add visual interest to the facade).
(D) Other materials with decorative or textural qualities as approved by the director. The applicant must submit architectural drawings and material samples for approval.
(vii) Decorative roofline design, including multiple gables and/or dormers or other design that adds distinct visual interest.
(viii) Decorative railings, grill work, or terraced landscape beds integrated along the facade of the building.
(ix) Decorative balcony design, such as distinctive railings.
(x) Other details that meet the intent of the standards and guidelines as approved by the director.

Figure 7-21. Acceptable and unacceptable window treatments.
(c) Window Design for Residential Uses. Building facades shall employ techniques to recess or project individual windows above the ground floor at least two inches from the facade or incorporate window trim at least four inches in width that features color that contrasts with the base building color. Exceptions will be considered by the director where buildings employ other distinctive window or facade treatment that adds visual interest to the building.
(d) Blank Wall Standards/Treatments. Blank walls visible from a public street, sidewalks, trails, interior pathways, or customer parking lots are prohibited. A wall (including building facades and other exterior building walls, retaining walls, and fences) is defined as a blank wall if:
(i) A ground floor wall or portion of a ground floor wall over four feet in height has a horizontal length greater than 15 feet and does not include a transparent window or door; or
(ii) Any portion of a ground floor wall having a surface area of 400 square feet or greater does not include a transparent window or door.
Figure 7-22. Blank wall treatments.
(iii) Design treatments to eliminate blank walls can include:
(A) Transparent windows or doors.
(B) Display windows.
(C) Landscape planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the wall. Such planting areas shall include planting materials that are sufficient to obscure or screen at least 60 percent of the wall’s surface within three years.
(D) Installing a vertical trellis in front of the wall with climbing vines or plant materials sufficient to obscure or screen at least 60 percent of the wall’s surface within three years. For large areas, trellises should be used in conjunction with other blank wall treatments.
(E) Other methods such as murals or special building material treatments that meet the intent of the standards and guidelines as approved by the director.
Figure 7-23. Blank wall treatment example.
(Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To encourage high-quality building materials that enhance the character of the area.
(b) To discourage poor materials with high lifecycle costs.
(c) To encourage the use of materials that reduce the visual bulk of large buildings.
(d) To encourage the use of materials that add visual interest to the neighborhood.
(2) Standards and Guidelines.
(a) Quality Building Materials. Building exteriors should be constructed from high quality, durable materials. Building materials such as concrete, masonry, tile, stone, and wood are encouraged.

Figure 7-24. An example of concrete block effectively used with EIFS and metal awnings.
(b) Prohibited Materials. 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:
(i) Plywood siding (including T-111 or similar plywood). Board and batten is an exception.
(ii) Highly tinted or mirrored glass (except stained glass) as more than 10 percent of the building facade.
(iii) Corrugated fiberglass.
(iv) Chain link fencing (except for temporary purposes such as a construction site or as a gate for a refuse enclosure).
(v) Crushed colored rock/crushed tumbled glass.
(vi) Noncorrugated and highly reflective sheet metal.
(c) Special Standards and Guidelines for Concrete Blocks. Concrete masonry units (CMU) or cinder blocks, when used for walls that are visible from a street, public park or open space, or pedestrian route, shall be architecturally treated in one or more of the following ways:
(i) Use in conjunction with other permitted exterior materials.
(ii) Use a combination of textured surfaces such as split face or grooved to create distinct banding or other design.
(iii) Use of other masonry types such as brick, glass block, or tile in conjunction with the concrete or concrete blocks.
(iv) Use of decorative coursing to break up blank wall areas.
(v) Use matching colored mortar where color is an element of architectural treatment for any of the options above.
(d) Special Standards and Guidelines for Metal Siding. When used for walls that are visible from a street, public park or open space, or pedestrian route, buildings shall have visible corner moldings and trim and incorporate masonry, stone, or other durable permanent material within two feet of the ground level. Facades wider than 40 feet that employ metal siding shall incorporate multiple colors and/or be incorporated with other siding materials.
Figure 7-25. This building features metal siding with visible corner trim and concrete block closer to the ground level.
(e) Special Standards for Exterior Insulation and Finish System (EIFS) and Other, Similar Troweled Finishes. Such finishes must be trimmed in wood or masonry and should be sheltered from extreme weather by roof overhangs or other methods and are limited to no more than 30 percent of the facade area. Weather-exposed horizontal surfaces must be avoided. Masonry, stone, or other durable permanent material is required for the first two feet above ground level.
(f) Storefront Color Palette. A storefront’s palette should be no more than three colors; one base color, one trim color, and one accent color. Encourage trim and accent colors that contrast with the base color. Specifically, darker base colors with white trim work particularly well. However, lighter base colors can effectively be combined with dark trim colors. (Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To enhance the character of the neighborhood.
(b) To screen visual impacts of parking lots from streets.
(c) To encourage the use of attractive and drought-tolerant plant materials native to the coastal regions of the Pacific Northwest.
(d) To encourage attractive landscaping that reinforces the architectural and site planning concepts in response to site conditions and contexts.
(e) To promote tree retention and the protection of existing native vegetation.
(2) Standards and Guidelines.
(a) Parking Lots Located Adjacent to Public Streets and Major Internal Roadways. These lots shall be partially screened with landscaping planting strips (per subsection (2)(d) of this section) at the following widths:
(i) Thirty feet for community business-zoned properties along arterials.
(ii) Twenty feet for all other parking lot associated with nonresidential uses.
(iii) Ten feet for residential properties.
(iv) The director may approve and condition reduced planter widths provided the design meets the intent of the standards and guidelines. For example, reduced widths may be allowed provided the landscaped area is supplemented with architectural features that help to define the street edge and maintain visual continuity along the street. Examples could include a decorative low wall made of stone or masonry that is used in conjunction with landscaping, and/or use of a landscaped trellis or architectural columns. For each method, it is important to maintain visibility at eye level (between three and eight feet above the ground) between the street into the parking lot for safety.

Figures 8-1 and 8-2. Landscape design and materials add color and identity to these developments.
(b) Internal Parking Lot Landscaping. Internal parking lot landscaping shall comply with MMC 22C.120.130.
(c) Foundation Planting. All street-facing elevations must have landscaping along any exposed foundation. The foundation landscaping must meet the following standards:
(i) The landscaped area must be at least three feet wide.
(ii) There must be at least one three-gallon shrub for every three lineal feet of foundation.
(iii) Ground cover plants must fully cover the remainder of the landscaped area.
(d) Arrangement of Plants. Projects are encouraged to use informal arrangement of plants installed in a variety of treatments that will enhance building designs, screen unwanted views, and enhance views and vistas. A formal arrangement may be acceptable if it has enough variety in layout and plants. Contiguous, long, unbroken, straight rows of a single plant should be avoided where possible.

Figure 8-3. Exposed foundations like this should be landscaped with shrubs and other plantings for screening.
(Ord. 3230 § 2 (Exh. A), 2022).
(1) Intent.
(a) To minimize the negative visual impacts of fences on the street and pedestrian environment.
(b) To screen the potential negative impacts of service and storage elements (e.g., waste receptacles, loading docks).
(c) To encourage thoughtful siting of service and storage elements that balance the functional needs with the desire to screen its negative impacts.
(2) Standard and Guidelines.
(a) Maximum Wall Height Along Public Streets or Sidewalks.
(i) The maximum height of solid (more than 50 percent opaque) freestanding walls, fences, or hedges in any front yard or other location between the street and the facade shall be three and one-half feet unless a taller wall is required, per the director, to mitigate significant noise and traffic impacts.
(ii) The maximum height of any decorative wall or fence which allows visibility (no more than 50 percent opaque), such as a wrought iron or split rail fences, shall be six feet. Such fences shall be set back from the sidewalk at least three feet to allow for landscaping elements to soften the view of the fence.
(iii) In development configurations where side yards abut a street, fences taller than three and one-half feet shall be set back at least five feet from the sidewalk to allow for landscaping to soften the view of the fence. Provisions for long term maintenance of this landscaping shall be addressed on the plat.
Figure 8-4. Trash receptacle screening example.
(b) Prohibited Fence Materials. Barbed wire, razor wire, electric and other dangerous fences are prohibited.
(c) Prohibited Development/Fence Configurations. Developments shall avoid configurations that have uses that back up against a street. Where unavoidable, fences between a street and any use shall be limited to three and one-half feet in height. Developments adjacent to SR 9 are exempt from this requirement.
(d) Service Element Location and Design. All developments shall provide a designated spot for service elements (refuse and disposal). Such elements shall meet the following requirements:
(i) Service elements shall be located to minimize the negative visual, noise, odor, and physical impacts to the street environment, adjacent (on and off-site) residents or other uses, and pedestrian areas.
(ii) The designated spot for service elements shall be paved with concrete.
(iii) Appropriate enclosure of the common trash and recycling elements shall be required, as determined by the director. Requirements and considerations:
(A) A six-foot fence constructed of concrete block or brick enclosing trash and recycling receptacles is required. Coordination with the current franchise hauler is required. The sides and rear of the enclosure must be screened with Type L1, L2, L3, or L4 landscaping (as defined in MMC 22C.120.110) at least five feet deep in visible locations as determined by the director to soften the views of the screening element and add visual interest.
(B) Proximity to adjacent residential units will be a key factor in determining appropriate service element treatment.
(C) Preferably, service enclosures are integrated into the building itself.
Figure 8-5. Locate service elements to minimize impacts on the pedestrian environment.
(e) Utility Meters, Electrical Conduit, and Other Service Utility Apparatus. These elements shall be located and/or designed to minimize their visibility to the public. If such elements are mounted in a location visible from the street, pedestrian pathway, common open space, or shared auto courtyards, they shall be screened with vegetation or by architectural features.

Figure 8-6. Exposed utility meters like this will not be allowed.

Figure 8-7. Landscaping helps to minimize the negative visual impacts of utility meters.
(f) Rooftop Mechanical Equipment. All rooftop mechanical equipment shall be organized, proportioned, detailed, screened, landscaped (with decks or terraces) and/or colored to be an integral element of the building and minimize visual impacts from the ground level of adjacent streets and properties. For example, screening features should utilize similar building materials and forms to blend with the architectural character of the building. (Ord. 3230 § 2 (Exh. A), 2022).
The purpose of this chapter is to help implement the vision for downtown Marysville as provided in the adopted Marysville downtown master plan. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) New Construction. This chapter will be used to evaluate development projects or improvement plans proposed for properties within the Marysville downtown boundaries, including the zoning classifications listed in MMC 22C.080.105 and mapped in Figure 22C.080.110.
(2) Additions and Improvements. Three different thresholds have been established to determine how the regulations herein are applied to such projects.
(a) Level I improvements include all exterior remodels, building additions, and/or site improvements that affect the exterior appearance of the building/site, and/or cumulatively increase the gross floor area on a site less than 50 percent within three years of the date of permit issuance. The requirement for such improvements is only that the proposed improvements meet the regulations and do not lead to further nonconformance with the regulations.
For example, if a property owner decides to replace a building facade’s siding, then the siding shall meet the applicable exterior building material regulations, but elements such as building articulation would not be required.
(b) Level II improvements include all improvements that cumulatively increase the gross floor area on a site by 50 to 100 percent, within three years of the date of permit issuance. All regulations that do not involve repositioning the building or reconfiguring site development shall apply to Level II improvements.
For example, if a property owner of an existing business in the DC zone wants to build an addition equaling 75 percent of the current building’s footprint, then the following elements shall apply:
(i) The location and design of the addition/remodel shall be consistent with the block frontage design regulations (see Article IV of this chapter, which addresses building frontages, entries, parking lot location, and street setback landscaping). For such developments seeking additions to buildings where off-street parking location currently does not comply with applicable parking location regulations, building additions are allowed provided they do not increase any current nonconformity and generally bring the project closer into conformance with the regulations.
(ii) Comply with applicable through-block connection, trail, and off-street parking regulations (see Article III of this chapter) that are associated with the addition. The through-block connection provisions would apply where such addition is located in the immediate area of such features shown in Figure 22C.080.220.A.
(iii) Comply with applicable block frontage regulations (see Article IV of this chapter) that are associated with the addition. The block frontage provisions would apply when such an addition is located adjacent to a particular designated block frontage shown in Figure 22C.080.305.
(iv) Comply with the site planning design regulations (see Article V of this chapter) associated with proposed site and building improvements.
(v) Comply with the applicable building design regulations (see Article VI of this chapter), except architectural scale and materials provisions related to the existing portion of the building where no exterior changes are proposed.
(c) Level III improvements include all improvements that cumulatively increase the gross floor area on a site by more than 100 percent within three years of the date of permit issuance. Such developments shall conform to all applicable regulations, except in a case where there are multiple buildings on one site, and only one building is being enlarged. In that scenario, improvements to the additional buildings are not required, but conformance with all other regulations apply. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
Most sections within this chapter include the following elements:
(1) Purpose statements, which are overarching objectives.
(2) Requirements use words such as “shall” and “is/are required,” signifying required actions.
(3) Guidelines use words such as “should” or “is/are recommended,” signifying desired, but voluntary, measures.
(4) Departures are provided for specific regulations. They allow alternative designs provided the director determines the design meets the purpose of the requirements and guidelines and other applicable criteria. See MMC 22C.080.030 for related procedures associated with departures.
(5) This chapter contains some specific regulations that are easily quantifiable, while others provide a level of discretion in how they are complied with. In the latter case, the applicant shall demonstrate to the director, in writing, how the project meets the purpose of the standard or regulations. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Overview and Purpose. This chapter provides for a number of specific departure opportunities to development regulations. The purpose is to provide applicants with the option of proposing alternative design treatments provided such departures meet the “purpose/intent” of the particular regulation and any additional departure criteria established for the particular departure opportunity.
(2) Applicability. Departure opportunities are available only where noted for specific regulations, including those standards that precede the “➲” symbol or capital letter “DEPARTURE” reference.
(3) Procedures. Permit applications that include departure requests go through the standard review procedures in this chapter for the application type.
(4) Approval Criteria. Project applicants shall successfully demonstrate to the director how the proposed departure meets the purpose(s) of the regulation and other applicable departure criteria that applies to the specific regulation.
(5) Documentation. The director shall document the reasons for approving all departures (to be maintained with project application records) to ensure consistency in decision-making by the city. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
Where provisions of this chapter conflict with provisions in any other section of the Marysville Municipal Code (MMC), this chapter prevails unless otherwise noted. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
The purpose of Article II is to:
(1) Implement the Marysville downtown master plan goals and policies through land use regulations.
(2) Provide an efficient and compatible relationship of land uses and zones. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
The downtown Marysville subarea regulations in this chapter comprise zoning classifications and regulations which are unique to the subarea, except where other regulations in this title are adopted by reference.
(1) Downtown Core (DC). The downtown core zone encourages high density residential mixed use and office mixed use. Other commercial uses and multifamily residential are allowed. No active ground floor required except on designated streets.
(2) Main Street (MS). The Main Street zone protects and enhances the character of Marysville’s historic retail core. This zone encourages high-activity uses like restaurants, entertainment, and shops, and residential above the ground floor. New buildings should feature an active ground floor use. Parking is not required for some uses in small commercial buildings.
(3) Flex (F). This zone encourages a mix of uses, including artisan, workshops, small light industrial/manufacturing (indoors), commercial, and residential above a ground-floor commercial use.
(4) Flex Residential (FR). This zone encourages a mix of uses including artisan, workshops, small light industrial/manufacturing (indoors), commercial, and allows “missing middle” housing and low-rise apartments.
(5) Midrise Multifamily (MMF). This zone encourages dense multifamily housing. Small commercial uses are allowed for properties abutting Third and Fourth Streets, but are limited to a ground floor element of a mixed use building for other properties within this zone.
(6) Middle Housing 1 (MH1). This zone encourages small infill housing, especially “missing middle” housing. The zone protects the fine-grained, residential character of historic neighborhoods.
(7) Middle Housing 2 (MH2). This zone encourages infill housing, especially “missing middle” housing and low-rise apartments. Commercial is not allowed except as a ground floor element of a mixed use building located along an arterial street, and is limited to uses that serve the immediate needs of the neighborhood. (Ord. 3331 § 12 (Exh. L), 2024; Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
Figure 22C.080.110 illustrates the location and boundaries of downtown’s zones for reference.
Figure 22C.080.110
Click for high-resolution PDF
(Ord. 3331 § 13 (Exh. M), 2024; Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Interpretation of Permitted Use Table. The permitted use table in this section determines whether a use is allowed in a zone. The name of the zone is located on the vertical column and the use is located on the horizontal row of these tables.
(a) Permitted Use (P). If the letter “P” appears in the box at the intersection of the column and the row, the use is permitted in the zone. These uses are allowed if they comply with the development standards and other standards of this chapter.
(b) Conditional Use (C). If the letter “C” appears in the box at the intersection of the column and the row, the use is allowed subject to the conditional use review process and approval criteria as stated in Chapter 22G.010 MMC, conditional use approval criteria for that use, the development standards and other standards of this chapter.
(c) Use Not Permitted ( ). Where no symbol appears in the box at the intersection of the column and the row, the use is not permitted in that zone, except for certain temporary uses.
(d) For uses containing a superscript letter (X), refer to the applicable condition in the “Additional Provisions” column to the right.
(e) Additional Provisions. The references, notes, and/or standards in the “Additional Provisions” column apply to all such permitted uses, except for those that apply to particular zones as noted in subsection (1)(d) of this section.
(f) For uses containing a superscript letter (Y) or (Z), refer to the “Notes” that are at the top of the “Nonresidential Uses” section.
(g) Unclassified Uses. See MMC 22A.010.070.
(2) Permitted Use Table. Table 22C.080.120 provides the list of permitted uses in downtown Marysville zones.
(Ord. 3366 § 69 (Exh. QQQ), 2025; Ord. 3352 § 72 (Exh. QQQ), 2025; Ord. 3331 § 14 (Exh. N), 2024; Ord. 3295 § 10 (Exh. J), 2023; Ord. 3205 § 7, 2022; Ord. 3196 § 3 (Exh. A), 2021; Ord. 3191 § 6 (Exh. B), 2021).
(1) Opiate substitution treatment program facilities permitted within commercial zones are subject to Chapter 22G.070 MMC, Siting Process for Essential Public Facilities.
(2) 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. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021. Formerly 22C.080.150).
(1) Purpose. To promote forms of development that reinforce and/or enhance the desired character of the downtown Marysville zones.
(2) Dimensional Regulations Table. The table below addresses the form and intensity of development specific to individual downtown Marysville zones. The zone is located on the vertical columns and the form/intensity measure being addressed is located on the horizontal rows.
(Ord. 3331 § 15 (Exh. O), 2024; Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose.
(a) To promote the functional and visual compatibility between developments, particularly between zones of different intensity.
(b) To protect the privacy of residents on adjacent properties.
(2) Side and Rear Setback Standards. Table 22C.080.150(2) sets forth a range of minimum side and rear yard setbacks in all subarea zones between zero and 15 feet. The provisions in the table below clarify specific setback requirements:
(3) Special Setback/Building Height Standards for Sites Abutting Residential Zones. For sites directly abutting or across an alley from a residential zoning district with a height limit that is at least 20 feet less than the subject zone, the following standards apply:
(a) Setbacks. A minimum 15-foot building setback is required in applicable residential zones. Where the zone edge occurs on an alley right-of-way, no setback is required.
(b) Building Height Restrictions. From the required setback, the maximum allowable building height increases at a 45-degree angle inward from the maximum height limit of the adjacent residential zone up to the maximum height of the applicable zone.
Figure 22C.080.150(2)
Illustrating minimum side and rear yard setbacks to an abutting residential zoning district
(4) Light and Air Access and Privacy Near Interior Side and Rear Property Lines. Buildings or portions thereof containing multifamily dwelling units whose only solar access (windows) is from the applicable side or rear of the building (facing towards the side or rear property line) shall be set back from the applicable side or rear property lines at least 15 feet. See Figure 22C.080.150(3). For building elevations taller than four stories, floors above the fourth floor shall be set back at least 20 feet from the applicable side or rear property lines. Note: These standards do not apply to side or rear property lines where adjacent to a street, access corridor, or easement where no building may be developed.
DEPARTURES will be allowed where it is determined that the proposed design will not create a compatibility problem in the near and long term based on the unique site context.
Figure 22C.080.150(3)
Light/air access and privacy standards for multifamily residential buildings along side and rear property lines.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021. Formerly 22C.080.410).
The purpose of Article III is to:
(1) Expand and enhance downtown Marysville’s circulation network and streetscape design that support the envisioned pedestrian-friendly mixed use development within the subarea.
(2) Emphasize a “complete streets” approach to street improvements within downtown Marysville. This involves designing and operating streets to enable safe and convenient access and travel for all users including pedestrians, bicyclists, transit riders, and people of all ages and abilities, as well as freight and motor vehicle drivers, and to foster a sense of place in the public realm with attractive design amenities.
(3) Clarify the nature, extent, and location of required street and circulation improvements. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
Downtown Marysville streetscape classifications and regulations are set forth in Chapter 3 of the Engineering Design and Development Standards. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
Figure 22C.080.220(1) illustrates the configuration of several “through-block connections” intended to enhance pedestrian circulation in the area, while also providing an option for vehicular access to on-site parking, functioning as a design amenity to new development, and breaking up the massing of buildings on long blocks. Specific regulations:
(1) Required Connections and Public Access Easement. If an applicant owns a lot containing a proposed through-block connection, within it or along the edge of the property, the applicant shall provide such through-block connections in conjunction with their project development as a public right-of-way, or public access easement, as approved by the city engineer. Exception: For uses that require large building footprints, restricted security access, or other unique requirements for restricting access, the director may approve alternatives to designated through-block connections provided the proposed design maximizes pedestrian and vehicular connectivity on and/or around the site and the designs maximize opportunities for connectivity and contribution to a network.
Figure 22C.080.220(1)
Downtown Marysville planned through-block connections.
(2) Alignment. Specific alignments for the through-block connections will be developed during the development review process for applicable sites.
(3) Accessibility. Through-block connections shall be accessible to the public at all times and may take a variety of forms, depending on the block size and use mix, as specified in subsection (6) of this section.
(4) Design Departures. Adjustments to the through-block connection regulations in subsection (6) of this section may be approved by the city as a departure, pursuant to MMC 22C.080.030, provided the design:
(a) Creates a safe and welcoming pedestrian route.
(b) Provides an effective transition between the shared lane or path and adjacent uses (e.g., enhances privacy to any adjacent ground-level residential units).
(c) Functions as a design amenity to the development.
(5) Cantilever Design. Buildings may project or cantilever into minimum required easement areas on building levels above the connection provided a 13-foot, six-inch vertical clearance is maintained or as otherwise required for emergency access.
(6) Through-Block Connection Types. Unless otherwise noted in Figure 22C.080.305, required through-block connections may take any of the following forms. A combination of designs set forth above may be used for each connection.
(a) Street. Functions like a public street and features traditional curb and gutters.
(i) Applicability. The “street” design is required for the Columbia Avenue through-block connection and may be applied to any through-block connection within the subarea, as determined by the city engineer.
(ii) Roadway improvements, channelization, site access and lighting plans shall be required to be reviewed and approved by the city engineer.
(b) Woonerf Design. A “woonerf” is a shared lane where both vehicles and pedestrians share the space.
(i) Applicability. The “woonerf” or shared lane may apply to any through-block connection within the subarea.
(ii) Forty-foot minimum public access easement.
(iii) Twenty-foot-wide two-way shared travel lane featuring concrete, unit paving, or other similar decorative and durable surface material. Asphalt is prohibited.
(iv) Ten-foot minimum landscaping strips with L3 landscaping per MMC 22C.120.110 on each side of the shared lane. Curbs and/or raised planter walls may be included in the required landscaping area.
(v) Where such through-block connection is integrated along the edge of a development, a minimum easement of 20 feet is required for the shared travel lane.
(vi) Woonerf design connections are subject to block frontage regulations in MMC 22C.080.355.
Figure 22C.080.220(6)(b)(i) illustrates the cross-section for minimum regulations for the woonerf design.
Figure 22C.080.220(6)(b)(ii) illustrates regulations for scenarios where a through-block connection is located on the edge of a site, where its development likely will be phased in as the adjacent properties redevelop.
(c) Landscaped Passageway Design.
(i) Applicability. Optional design when vehicular access to the site is provided elsewhere on the site.
(ii) Thirty-foot-minimum public access easement.
(iii) Eight- to 16-foot walking path. Eight to 10-foot paths are appropriate in a residential context, whereas the wider path is more desirable where active ground level uses with outdoor seating/dining areas.
(iv) Seven- to 11-foot minimum landscaping strips (with L3 landscaping per MMC 22C.120.110) on each side of the walking path. Raised planter walls may be included in the required landscaping area.
(v) Where such through-block connection is integrated along the edge of a development, a minimum easement of 15 feet is required for the subject walking path and landscaping. Adjustments to the walking path and landscaping widths and configurations are allowed provided the design effectively balances the following objectives:
(A) Creates a safe and welcoming pedestrian route.
(B) Provides an effective transition between the walking path and adjacent uses (e.g., enhances privacy to any adjacent ground-level residential units).
(C) Functions as a design amenity to the development.
(vi) Landscaped passageway design connections are subject to block frontage regulations in MMC 22C.080.355.
Figure 22C.080.220(6)(c)
Cross-section of minimum regulations and examples of a pedestrian access corridor.

(d) Urban Passage Design.
(i) Applicability. Optional design when vehicular access to the site is provided elsewhere on the site and active ground-level uses are provided along frontages.
(ii) Sixteen-foot minimum public access easement.
(iii) Urban passage design connections are subject to block frontage regulations in MMC 22C.080.360.
Figure 22C.080.220(6)(d)
Urban passage examples.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
The provisions herein supplement the off-street parking provisions in Chapter 22C.130 MMC, Parking and Loading. Where there is a conflict, the provisions herein apply.
(1) Tandem Parking. Tandem parking is allowed for individual dwelling units, and may be used to meet minimum parking standards.
(2) Minimum Number of Parking Spaces Required. The minimum number of parking spaces for all zones and use categories is stated in Table 22C.080.230.
(a) The number of parking spaces is computed based on the uses on the site. When there is more than one use on a site, the required parking for the site is the sum of the required parking for the individual uses. If the parking calculation used to determine parking requirements results in a fraction greater than or equal to one-half, parking shall be provided equal to the next highest whole number.
(b) Special cases are indicated by the term “director decision,” in which case parking requirements shall be established by the director. For determination by the director, the applicant shall supply one of the following:
(i) Documentation regarding actual parking demand for the proposed use.
(ii) Technical studies prepared by a qualified professional relating to the parking need for the proposed use.
(iii) Documentation of parking requirements for the proposed use from other comparable jurisdictions.
(iv) For unclassified uses, refer to MMC 22C.130.030(2)(i).
(c) Parking may be waived by the director for expansion of existing commercial uses requiring less than 10 spaces.
(d) For commercial uses requiring more than 10 spaces, the director may approve a 50 percent parking reduction if the applicant can demonstrate that adequate on-street parking facilities exist within 400 feet of the proposed use. In approving a parking reduction, the director may require improvement of existing, or dedicated, right-of-way to meet the intent of the downtown master plan by providing improved parking, walkways and access.
(e) Some developments within one-quarter mile of frequent transit may be eligible for a parking minimum exception or reduction per House Bill 1923, modified by House Bill 2343.
(Ord. 3366 § 70 (Exh. RRR), 2025; Ord. 3352 § 73 (Exh. RRR), 2025; Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
The purpose of Article IV is:
(1) To achieve the envisioned character of downtown Marysville as set forth in the goals and policies of the Marysville downtown master plan.
(2) To enhance pedestrian environments by emphasizing activated ground-level block frontage designs for commercial, mixed use, and multifamily developments.
(3) To minimize potential negative impacts of off-street parking facilities on the streetscape in strategic areas.
(4) To promote good visibility between buildings and the street for security for pedestrians and to create a more welcoming and interesting streetscape.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Application of Map and Block Frontage Standards. New development fronting on all streets in downtown Marysville is subject to applicable standards in this article based on the block frontage designation of the street.
(2) Sites with proposed new active ground floor or pedestrian friendly block frontage designations: New development shall integrate no less than 75 percent of the length of applicable active ground floor and/or pedestrian friendly block frontages illustrated in Figure 22C.080.305. The alignment of active ground floor and pedestrian-friendly block frontages may be adjusted during the development review process provided the configuration meets the goals and policies of the Marysville downtown master plan. For example, if a site includes approximately 100 lineal feet of an active ground floor designated block frontage and 200 lineal feet of pedestrian-friendly block frontage, the new development shall integrate at least 75 lineal feet of active ground floor block frontage compliant development and at least 150 lineal feet of pedestrian-friendly block frontage compliant development. Developments may exceed the amount of active ground floor and pedestrian-friendly block frontages illustrated in Figure 22C.080.305.
Figure 22C.080.305
Downtown Marysville block frontage designations map.
Click for high-resolution PDF
Click for high-resolution PDF
(Ord. 3331 § 16 (Exh. P), 2024; Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
Some block frontage designations contain distinct minimum facade transparency standards. The purpose of these standards is to maintain “eyes on the street” for safety and create welcoming pedestrian environments. Table 22C.080.310 includes details on how they are measured.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose. Active ground floor block frontages are the most vibrant and active shopping and dining areas within the subarea. Blocks designated as active ground floor block frontages (as shown in Figure 22C.080.305) include continuous storefronts placed along the sidewalk edge with small-scale shops and many business entries.
Figure 22C.080.320(1)
Active ground floor block frontage vision and key standards.
(2) Standards. All development on sites with an active ground floor block frontage designation shall comply with the standards in Table 22C.080.320(2):
(3) DEPARTURE Criteria. Departures from the standards in Table 22C.080.320 that feature the ➲ symbol will be considered per MMC 22C.080.030 provided the alternative proposal meets the purpose of the standards and the following criteria:
(a) Retail Space Depth. Reduced depths of up to 25 percent of the applicable block frontage will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted retail uses.
(b) Facade Transparency. The minimum percentage of facade transparency may be reduced by up to 40 percent if the facade design provides visual interest to the pedestrian and mitigates the impacts of blank walls.
(c) Weather Protection. The reduced extent (to no less than 50 percent of block frontages) or width of weather protection features (to no less than four feet in width) will be considered provided the designs are proportional to architectural features of the building and building design trade-offs (elements that clearly go beyond minimum building design standards in this chapter) meet the purpose of the standards. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose. Landscaped block frontages (as shown in Figure 22C.080.305) emphasize landscaped street setbacks, clear pedestrian connections between the building and the sidewalk, and minimized surface parking lots along the frontages.
Figure 22C.080.330(1)
Landscaped frontage vision.
(2) Standards. All development on sites containing a landscaped block frontage designation shall comply with the standards in Table 22C.080.330(2). The standards herein also apply to all multifamily and nonresidential development in downtown residential zones:
(3) DEPARTURE Criteria. Departures to the pedestrian-friendly block frontage standards in Table 22C.080.330(2) that feature the ➲ symbol will be considered per MMC 22C.080.030 provided the alternative proposal meets the purpose of the standards and the following criteria:
(a) Building Placement. Reduced setbacks (down to a minimum of eight feet) will be considered where the ground floor is elevated a minimum average of 30 inches (required when the ground floor setback is less than 10 feet) and design treatments that create an effective transition between the public and private realm are incorporated. For example, a stoop design or other similar treatments that utilize a low fence or retaining wall, and/or hedge along the sidewalk may provide an effective transition (see Figure 22C.080.330(3) for examples).
(b) Facade Transparency. The minimum percentage of facade transparency may be reduced by up to 50 percent if the facade design provides visual interest to the pedestrian and mitigates the impacts of blank walls.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose. Pedestrian-friendly block frontages (as shown in Figure 22C.080.305) allow flexibility to integrate either a storefront or a landscaped frontage in a pedestrian-friendly configuration.
Figure 22C.080.340(1)
Pedestrian-friendly frontage vision.
(2) Standards. Developments or portions thereof choosing to integrate a storefront design shall conform to active ground floor block frontage standards set forth in MMC 22C.080.320. Other frontage designs shall meet the landscaped block frontage standards set forth in MMC 22C.080.330, with only the following modifications in Table 22C.080.340(2):
(3) DEPARTURE Criteria. Departures to the pedestrian-friendly block frontage standards in Table 22C.080.340(2) that feature the ➲ symbol will be considered per MMC 22C.080.030 provided the alternative proposal meets the purpose of the standards and the following criteria:
(a) Building Placement. Reduced setbacks (down to a minimum of eight feet) will be considered where the ground floor is elevated a minimum average of 30 inches (required when the ground floor setback is less than 10 feet) and design treatments that create an effective transition between the public and private realm. For example, a stoop design or other similar treatments that utilize a low fence or retaining wall, and/or hedge along the sidewalk may provide an effective transition (see Figure 22C.080.340(3) for examples).
(b) Facade Transparency. The minimum percentage of facade transparency may be reduced by up to 50 percent if the facade design provides visual interest to the pedestrian and mitigates the impacts of blank walls..
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose. Undesignated block frontages (as shown in Figure 22C.080.305) should provide visual interest at all observable scales and meet the design objectives for the subarea.
(2) Applicability. All undesignated block frontages are subject to the standards of this section. These block frontages are provided greater flexibility with regard to the design of development frontages.
These block frontages include a combination of side streets (where most uses often front on other adjacent streets) or other streets where greater flexibility in the frontage standards is desired. While there is greater flexibility in the amount of transparency of facades, and the location of surface and structured parking, design parameters are included to ensure that landscaping and other design elements help to mitigate the potential impacts of parking lots and blank walls along these streets.
DEPARTURES will be considered pursuant to MMC 22C.080.030.
(3) Standards. Undesignated block frontages shall comply with the standards in Table 22C.080.350(3).
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Applicability. These standards apply to those block frontages along through-block connections designed with woonerf and landscaped passageway designs as set forth in MMC 22C.080.220. Exception: Those through-block connections with other applied block frontage designations.
(2) Purpose. Woonerf and landscaped passageway frontage standards provide eyes-on-the-pathway to create a safe and welcoming through-block connection while preserving the privacy of any adjacent ground-level residential units.
(3) Standards.
(a) Building elevations facing a woonerf or landscaped passageway through-block connection shall feature at least 10 percent window transparency. ➲
(b) Where ground-level residential uses are within five feet of a shared lane or pathway, at least one of the following design features shall be integrated to enhance the safety and privacy of adjacent residential units:
(i) Windows shall be placed at least six vertical feet above the access corridor.
(ii) A combination of landscaping, planter walls, and/or elevated ground floor (at least one foot above access corridor grade) that meets the purpose of the standards.
(c) Where nonresidential ground-level uses abut an access corridor, at least 25 percent of the applicable building elevation between four and eight feet above the ground-floor surface elevation shall be transparent. ➲
(d) Weather protection at least three feet deep shall be provided over individual residential and commercial tenant entries and at least five feet deep for shared residential and professional office entries facing the subject through-block connection. Exception: For residential uses, weather protection is required only for the unit’s primary entrance.
Figure 22C.080.355
Woonerf and landscaped passageway frontage design examples.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Applicability. These standards apply to those block frontages along through-block connections designed with urban passage designs.
(2) Purpose. To promote the development of pedestrian-friendly passages lined with active uses.
(3) Standards.
(a) Dwelling units and surface/ground-level parking directly adjacent to an urban passage are prohibited (lobbies and common/amenity areas, however, are allowed).
(b) Ground-level building elevations facing an urban passage through-block connection shall feature at least 40 percent window transparency (applied to storefront transparency area per MMC 22C.080.310). ➲
(c) Weather protection at least three feet deep shall be provided over individual commercial tenant entries and at least five feet deep for shared residential and professional office entries facing the subject through-block connection. Recessed entries are encouraged.
Figure 22C.080.360
Urban passage frontage examples.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
Where a property fronts onto more than one street, each building frontage shall comply with the standards for the block frontage upon which it fronts, with the following clarifications:
(1) Where a conflict exists between frontage standards, the director will apply the standards of a block frontage pursuant to the following order of preference:
(a) Active ground floor;
(b) Pedestrian-friendly;
(c) Landscaped; then
(d) Undesignated.
Subsections (2) and (3) of this section clarify how the order of preference works for particular frontage elements.
(2) Entrances. For corner sites, entrances on both streets are encouraged, but only one entrance is required. For corner sites with frontage on a primary block frontage on one side, an entrance shall be placed on the primary block frontage side or facing the corner. For corner sites with a mix of designations that do not include a primary block frontage, the entry shall be placed in the order of preference identified in subsection (1) of this section.
DEPARTURES may be considered provided the location and design of the entry and block frontage treatments are compatible with the character of the area and enhance the character of the street.
(3) Transparency. For corner sites, at least one block frontage shall meet the applicable transparency standards (based on the order of preference above). For the second block frontage, the director may approve a reduction in the minimum amount of transparency by 50 percent. For street corners with the same designations on both frontages, buildings shall employ the full transparency on the dominant frontage (based on the frontage width or established neighborhood pattern). (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Description/Purpose. The high-visibility street corner requirements apply to those sites designated as such in Figure 22C.080.305. The purpose is to accentuate designated street corners with high visibility to the public.
(2) Standards. At least one of the following special features shall be included (Figure 22C.080.380(2) illustrates acceptable examples):
(a) Corner plaza.
(b) Cropped building corner with a special entry feature.
(c) Decorative use of building materials at the corner.
(d) Distinctive facade massing or articulation.
(e) Sculptural architectural element.
(f) Other decorative elements that meet the purpose of the standards.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
The purpose of Article V is to:
(1) Promote thoughtful layout of buildings, parking areas, and circulation, service, landscaping, and amenity elements.
(2) Enhance downtown Marysville’s visual character.
(3) Promote compatibility between developments and uses.
(4) Integrate usable open space into new developments.
(5) Enhance the function and resilience of developments. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose.
(a) To create usable open space that is suitable for leisure or recreational activities for residents.
(b) To create open space that contributes to the residential setting.
(2) Applicability. Residential open space meeting the standards of this section is required for all new:
(a) Multifamily development.
(b) Mixed use development with residential units.
(c) Senior housing and other age-restricted facilities.
(d) Townhouses; provided, that only subsections (3)(b) and (5)(c) and (d) of this section and the applicable provisions in Table 22C.080.410 shall apply.
(3) Amount Required. Applicable developments shall be required to provide residential open space equal to a minimum of:
(a) One hundred square feet per dwelling unit for studio and one-bedroom dwellings.
(b) One hundred fifty square feet per multifamily dwelling unit for dwellings with two or more bedrooms, or per townhouse dwelling unit.
(4) Types.
(a) The following table illustrates the types of residential open spaces that may be used to meet the requirements in subsections (2) and (3) of this section:
(b) Large Multiphase Developments Under Single Ownership. Each phase of development shall meet the minimum residential open space requirements herein. Developments have the option to integrate a surplus of usable on-site open space in early phases and apply the surplus space towards meeting the requirements for subsequent phases, provided all applicable standards are met.
(5) Residential Open Space Design Standards.
(a) Common Internal Open Space. “Common internal open space” refers to spaces that are internal to a development and accessible to all tenants of a development, but may not be accessible to the general public. Exception: For mixed use buildings with commercial and residential uses, the common internal open spaces only need to be accessible to all dwelling units within the building. Common internal open spaces can include landscaped courtyards or decks, terraces, entrance plazas, gardens with pathways, children’s play areas, pools, and water features. Accessible areas with native vegetation and areas used for storm water retention, infiltration, or other multipurpose recreational and/or green spaces that meet the design criteria herein may qualify as common internal open space.
Common Internal Open Space Design Standards.
(i) The space shall be accessible to all residents of the development.
(ii) Common internal open space shall be located in accessible areas that are visible from one or more units within the development.
(iii) Required setback areas shall not count as common internal open space unless the design of the space meets the standards herein.
(iv) Common internal open space shall feature no dimension less than 15 feet in order to provide functional leisure or recreational activity (unless otherwise noted herein). Wider minimum dimensions are required perpendicular to building elevations containing windows of dwelling units whose only solar access is from the applicable building wall. Specifically:
(A) Twenty feet minimum dimension for such elevations up to three stories tall.
(B) Twenty-five feet minimum dimension for such elevations four stories tall.
(C) Thirty feet minimum dimension for such elevations five or more stories tall.
(v) Common internal open space shall feature paths or walkable lawns, landscaping, seating, lighting, and play structures, sports courts, or other pedestrian amenities to make the area more functional and enjoyable for a range of users.
(vi) Common internal open space shall be separated from ground level windows, streets, service areas and parking lots with landscaping, fencing, and/or other acceptable treatments that enhance safety and privacy for both the common internal open space and dwelling units.
(vii) When possible, the space should be oriented to receive sunlight, face east, west or preferably south.
(viii) Stairways and service elements located within or on the edge of common internal open space shall not be included in the open space calculations.
(ix) Shared porches may qualify as common internal open space provided they are at least eight feet in depth and 96 square feet in total area.
(x) Stormwater management elements and LID BMPs, like rain gardens, may be integrated into the design of the space and may occupy up to 25 percent of the minimum required space. Where multiple common internal open spaces are included within a development, this standard applies to all such space combined, to allow flexibility in the design of individual spaces.
(xi) Any children’s play areas integrated as a part of a common internal open space shall meet the standards of subsection (5)(f) of this section.
(b) Common Rooftop Decks. Such spaces are a type of common internal open space located on the top of buildings or intermediate levels (e.g., upper-floor building facade stepback areas) and are available to all residents. Examples of amenities include cooking and dining areas, seating areas, gardening areas, water features, and pet play areas. Design standards:
(i) The space shall be accessible to all residents of the development. Rooftop decks in mixed use buildings shall not be accessible to commercial tenants, employees, or customers (separate rooftop decks for commercial use are allowed but do not count as a residential open space).
(ii) Space shall feature hard surfacing and provide amenities such as weather protection elements, gas firepits, seating areas, and other features that encourage year-round use.
(iii) Space shall integrate landscaping elements that enhance the character of the space and encourage its use.
(iv) Space shall incorporate features that provide for the safety of residents, such as enclosures, railings, and appropriate lighting levels.
(v) Space shall feature no dimension less than 15 feet in order to provide functional leisure or recreational activity (unless otherwise noted herein).
(vi) When possible, the space should be oriented to receive sunlight, face east, west or preferably south.
(vii) Stairways and service elements located within or on the edge of common rooftop decks shall not be included in the open space calculations.
(viii) Any children’s play areas integrated as a part of a common rooftop deck shall meet the standards of subsection (5)(f) of this section.
Figure 22C.080.410(5)(b)
Common rooftop deck examples.
(c) Private Ground-Level Open Space. This space is adjacent and directly accessible to the subject unit. Examples include yards, stoops, and porches. Design standards:
(i) Such open spaces shall be enclosed by a fence and/or hedge at least 32 inches in height to qualify, but no higher than 42 inches when adjacent to a street, through-block connection, or publicly accessible area such as a public park or plaza.
(ii) Private unenclosed covered porches that face a street or a publicly accessible common area may qualify as open space provided they are at least 54 square feet in area, with no dimension less than six feet.
(iii) Ground-level private open space in excess of minimum requirements in subsection (5)(c)(ii) of this section shall not be used in the calculations for determining the minimum usable open space requirements for other units in the development per subsection (3) of this section.
Figure 22C.080.410(5)(c)
Private ground-level outdoor space examples.
(d) Private Balconies. This space is adjacent and directly accessible to the subject unit. Design standards for private balconies are the following:
(i) Private balconies in mixed use, multifamily developments should be at least partially recessed into the building facade, when provided, and integrated into the building design to provide protection from the weather.
(ii) Balconies shall be at least 36 square feet in area with no dimension less than six feet to qualify as open space.
(iii) Individual balconies in excess of minimum requirements in subsection (5)(d)(ii) of this section shall not be used in the calculations for determining the minimum usable open space requirements for other units in the development per subsection (3) of this section.
Figure 22C.080.410(5)(d)
Private balcony examples.
(e) Common Indoor Recreation Areas. Examples include multipurpose entertainment space, fitness center, movie theatre, kitchen, library, workshop, conference room, or similar amenities that promote shared use and a sense of community. Design standards for common indoor recreation areas are the following:
(i) The space shall be accessible to all residents of the development.
(ii) The space shall be located in a visible area, such as near an entrance, lobby, elevator bank, or high-traffic corridors.
(iii) Space shall be designed specifically to serve interior recreational functions and not merely be leftover unrentable space used to meet the open space requirement. Such space shall include amenities and design elements that will encourage use by residents.
(iv) Common indoor recreation areas may qualify as private internal common area provided they are at least 250 square feet in area.
Figure 22C.080.410(5)(e)
Common indoor recreation area examples.
(f) Children’s Play Areas. Any children’s play areas integrated as a part of a publicly accessible or common internal open space shall meet all the following (in addition to the design criteria listed above):
(i) Required children’s play areas shall be at least 400 square feet.
(ii) Measures necessary to protect children’s safety from vehicular traffic shall be included, such as low fencing or landscaping to provide a physical barrier around the perimeter.
(iii) Shade and rest areas for supervision shall be provided through the use of deciduous landscaping, architectural elements, or other means.
(iv) Natural, creative play elements should be provided. For instance, ground slides from one level to another, tricycle tracks, swings hung from arbors or trees, paths that meander and are of varying materials and widths, water that can be manipulated, outdoor rooms made from landscape or rocks, and berms and hills.
(v) Play areas shall be designed for a variety of ages, activities, and motor skills.
(vi) Play areas shall be located in areas that are highly visible to residents. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021. Formerly 22C.080.420).
(1) Purpose.
(a) To require the thoughtful integration of pedestrian-oriented spaces into commercial and mixed use developments.
(b) To enhance the design character and livability of downtown by creating vibrant spaces that accommodate active and passive activities, such as dining, resting, people watching, and recreational activities.
(2) Applicability. The standards herein apply to developments in the downtown core zone for sites containing buildings with at least 10,000 square feet of nonresidential floor area.
(3) Required Size of Space. Provide pedestrian-oriented space equal to at least two percent of the development site and meeting the design requirements of subsections (4) and/or (5) of this section. The required area may be consolidated in a single space or multiple spaces.
Figure 22C.080.420(3)
Required size of pedestrian-oriented space.
(4) Pedestrian-Oriented Space Design Standards.
(a) Required Features.
(i) The space shall abut a public sidewalk or other major internal pedestrian route and be designed to function as a focal point and gathering spot.
(ii) The space shall be ADA compliant and generally level with the adjacent sidewalk or internal pedestrian route. Steps, ramps and grade changes may be acceptable provided the outdoor space is designed to be visually and physically accessible from the adjacent sidewalk or internal pedestrian route and the space meets all other standards herein.
(iii) The space shall feature no dimension less than 15 feet in order to provide functional leisure or recreational activity. Exception: Portions of sidewalk area widened beyond minimum standards may qualify as pedestrian-oriented space provided storefronts abut the sidewalk.
(iv) The space shall be publicly accessible from 6:00 a.m. to 10:00 p.m.
(v) Large spaces (greater than 5,000 square feet) shall be designed to be multifunctional to accommodate a variety of uses and activities.
(vi) The space shall be framed on at least two sides by buildings that are oriented towards the space (via entries and generous facade transparency). Exception: Widened sidewalks that qualify as pedestrian-oriented space as set forth in subsection (4)(a)(iii) of this section only need to be framed on one side (by a storefront). Departures will be considered for unique configurations or designs that meet the purpose of the standards.
(vii) Paved walking surfaces of either concrete or approved unit paving are required. Form-in-place pervious concrete paving is allowed. Gravel surface areas may be allowed for special seating areas.
(viii) Except for natural areas or storm water infrastructure that contribute to the pedestrian environment, pedestrian amenities shall be integrated into the space. Examples include site furniture, artwork, drinking fountains, shade structures, kiosks, or other similar features that complement the space and encourage use of the space by a variety of users.
(ix) Lighting is required and integral to the design of the space for (A) safety and security, (B) intended activities or events, and (C) creating a distinct and inviting atmosphere. Lighting shall conform to MMC 22C.080.450.
(x) Except for natural areas or storm water infrastructure that contributes to the pedestrian environment (see subsection (4)(a)(xv) of this section), at least one individual seat per 30 square feet of plaza area or open space is required. At least 50 percent of the required seating shall be built-in seating elements, while provisions for moveable seating may be used for the remaining percentage. Two feet of seating area on a bench or ledge at least 16 inches deep at an appropriate seating height qualifies as an individual seat. Reductions of up to 50 percent will be allowed for the integration of specialized open spaces that meet the purpose of the standards herein.
(xi) Landscaping components that add visual interest and do not act as a visual barrier. This could include trees, planting beds, raised planters, and/or potted plants, or both.
(xii) Permanent weather protection along at least 50 percent of building edges (associated with nonresidential uses) at least six feet deep with horizontal clearance between eight and 15 feet.
(xiii) The space shall be proportional to the intended function and adjacent uses. For example, such spaces should not look or feel empty, barren, or too big when not in use.
(xiv) The space shall include design elements that appeal to the senses. Examples include the sound of water, the smell of plants, and/or the heat of fire. Sensory experiences may vary with the season, with water being present in the summer and a fire lit in the winter.
(xv) Storm water management elements and LID BMPs, like rain gardens, may be integrated into the design of the space and may occupy up to 25 percent of the required space. Where multiple publicly accessible open spaces are included within a development, this standard applies to all such space combined, to allow flexibility in the design of individual spaces.
(xvi) Rules of conduct similar to those for public parks may be posted.
(b) Prohibited Features.
(i) Large expanses of uninterrupted paving or paving without pattern.
(ii) Service and utility areas or venting of mechanical systems.
(iii) Long, narrow space with limited access.
(iv) Space providing vehicular access. Exception: Woonerf-style shared access lanes may be allowed (counted at 50 percent discount) provided through traffic is minimal and the design of access feature is well-integrated into the design of the larger space.
(v) Asphalt paving.
(vi) Adjacent chain-link fences.
(vii) Adjacent blank walls without blank wall treatment (MMC 22C.080.540).
(viii) Outdoor storage.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021. Formerly 22C.080.430).
(1) Purpose.
(a) To improve the pedestrian and bicycling environment by making it easier, safer, and more comfortable to walk or ride among businesses, residences, to streets and sidewalks, to transit stops, and connections throughout the city.
(b) To enhance access to on- and off-site open space areas and pedestrian/bicycle paths.
(2) Access to Sidewalk. All buildings shall feature pedestrian connections to a sidewalk per applicable block frontage standards in Article IV of this chapter.
(3) Internal Circulation.
(a) For sites with multiple buildings, pedestrian paths connecting businesses and residential entries on the same development site shall be provided. Routes that minimize walking distances shall be utilized to the extent practical.
(b) Sites with Residential Units. Provide direct pedestrian access between all ground-related unit entries and a public street or to a clearly marked pathway network or open space that has direct access to a public street. Residential developments shall provide a pedestrian circulation network that connects all main entrances on the site to other areas of the site, such as:
(i) Parking areas.
(ii) Recreational areas.
(iii) Common outdoor spaces.
(iv) Any pedestrian amenities.
For townhouses or other residential units fronting the street, the sidewalk may be used to meet this standard. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021. Formerly 22C.080.440).
(1) Purpose.
(a) To minimize adverse visual, odor, and noise impacts of mechanical equipment, utility cabinets and service areas at ground and roof levels.
(b) To provide adequate, durable, well-maintained, and accessible service and equipment areas.
(c) To protect residential uses and adjacent properties from impacts due to location and utilization of service areas.
(2) Location of Ground Related Service Areas and Mechanical Equipment. Service areas (loading docks, trash dumpsters, compactors, recycling areas, electrical panels, and mechanical equipment areas) shall be located for convenient service access while avoiding negative visual, auditory, olfactory, or physical impacts on the streetscape environment, pedestrian-oriented spaces, uses within the development, and adjacent residentially zoned properties. Specifically:
(a) Dumpsters shall be set back a minimum of five feet from side property lines, 10 feet from rear property lines (except when an alley is present) and 10 feet from front property lines; or be located to minimize visibility from any street, pedestrian walkway, or public park. Where the director finds that the only option for locating a service area is an area visible from a street, internal pathway or pedestrian area, or from an adjacent property, the area shall be screened with structural and landscaping screening measures provided in subsection (3) of this section.
(b) Dumpster storage areas shall be sized to accommodate the minimum dumpster sizes and necessary access (as required by the applicable utility provider) for garbage, recycling, and composting.
(3) Screening of Ground Related Service Areas and Mechanical Equipment. Service elements are encouraged to be integrated within the structure. Where they are not provided within the structure, the following standards apply:
(a) Where screening of ground-level service areas is required, the following applies:
(i) A structural enclosure shall be constructed of masonry, architectural concrete, heavy-gauge metal, or decay-resistant material that is also used with the architecture of the main building. The director may allow materials other than those used for the main building if the finishes are similar in color and texture or if the proposed enclosure materials are more durable than those for the main structure. The walls shall be sufficient to provide full screening from the affected roadway, pedestrian areas or adjacent use. The enclosure may use overlapping walls to screen dumpsters and other materials.
(ii) Gates shall be made of heavy-gauge, site-obscuring material. Chain link or chain link with slats is not an acceptable material for enclosures or gates.
(iii) Where the interior of a service enclosure is visible from surrounding buildings, an opaque or semi-opaque horizontal cover or screen shall be used to mitigate unsightly views. The horizontal screen/cover should be integrated into the enclosure design (in terms of materials and/or design). See Figure 22C.080.440(3) for examples.
(iv) Collection points shall be located and configured so that the enclosure gate swing does not obstruct pedestrian or vehicular traffic, or does not require that a hauling truck project into any public right-of-way. Ensure that screening elements allow for efficient service delivery and removal operations.
(v) The service area shall be paved.
(b) The sides and rear of service enclosures shall be screened with landscaping at least five feet wide in locations visible from the street, parking lots, and pathways to soften views of the screening element and add visual interest.
DEPARTURES to the provisions of subsections (3)(a) and (b) of this section will be considered provided the enclosure and landscaping treatment meet the purpose of the standards and add visual interest to site users.
(c) Where loading docks are sited along block frontages (only allowed when no other reasonable options are available as determined by the director), they shall be designed to minimize impacts on the pedestrian environment. Standards:
(i) Configure loading docks/bays to minimize their frontage length along blocks.
(ii) Integrate architectural and/or landscaping design features to screen loading dock elements and add visual interest to pedestrians along adjacent sidewalks. See blank wall treatment provisions of MMC 22C.080.540 for standards and examples.
(4) Utility Meters, Electrical Conduit, and Other Service Utility Apparatus. These elements shall be located and/or designed to minimize their visibility to the public. Project designers are strongly encouraged to coordinate with applicable service providers early in the design process to determine the best approach in meeting these standards. If such elements are mounted in a location visible from the street, pedestrian pathway, shared open space, adjacent use, or shared auto courtyards, they shall be screened with vegetation and/or integrated into the building’s architecture.
(5) Location and Screening of Roof-Mounted Mechanical Equipment.
(a) All rooftop mechanical equipment, including air conditioners, heaters, vents, and similar equipment, shall be effectively integrated (from design standpoint) or screened from public view both at grade and from nearby higher buildings with the exception of solar panels and roof-mounted wind turbines. Screening shall be located so as not to interfere with operation of the equipment.
(b) Rooftop mechanical equipment and associated screening features shall be set back from the exterior building walls by at least 10 feet. Exceptions may be made where the screening element is designed to help meet one or more building design standards in Article VI of this chapter.
(c) For rooftop equipment, all screening devices shall be well-integrated into the architectural design through such elements as parapet walls, false roofs, roof wells, clerestories, or equipment rooms. Screening walls or unit-mounted screening is allowed but less desirable. Wood shall not be used for screens or enclosures. Louvered designs are acceptable if consistent with building design style. Perforated metal is not permitted.
(d) The screening materials shall be of material requiring minimal maintenance and shall be as high as the equipment being screened.
(e) Locate and/or shield noise-producing mechanical equipment such as fans, heat pumps, etc., to minimize sounds and reduce impacts at property lines of adjacent properties.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021. Formerly 22C.080.450).
(1) Purpose.
(a) To ensure that lighting contributes to the character of the streetscape and does not disturb adjacent developments and residences.
(b) To protect against light pollution, thereby reclaiming the ability to view the night sky and helping to preserve the quality of life and scenic value of this desirable visual resource throughout the region and nearby natural open spaces.
(c) To help protect and enhance human health and wellness and wildlife habitation and migration by minimizing light pollution and its impact on all forms of life.
(d) To promote lighting practices and systems to conserve energy, decrease dependence on fossil fuels, and limit greenhouse gas emissions.
(e) To ensure that sufficient lighting can be provided where needed to promote safety and security on public and private property, and to allow for reasonable lighting for outdoor activities.
(f) To provide attractive lighting that supports and enhances the urban environment, emphasizes architectural elements, and encourages pedestrian activity and wayfinding beyond daylight hours, especially during the long nights of Pacific Northwest winters.
(2) Applicability. All outdoor lighting outside of public rights-of-way shall comply with the provisions herein. This includes, but is not limited to, new lighting, replacement lighting, additions and alterations, or any other lighting whether attached to buildings, poles, structures, the earth, or any other location.
(a) Exemptions.
(i) Lighting solely for signs.
(ii) Underwater lighting.
(iii) Temporary and seasonal cord-and-plug portable lighting.
(iv) Construction or emergency lighting.
(v) Outdoor rope and string lights for outdoor seating and gathering areas.
(3) General Standards. Exterior lighting shall be integrated as both a functional safety element and a design element that enhances the character and use of the site and building, while minimizing negative impacts on uses on and off the site.
(a) All luminaires shall be fully shielded and shall not emit light into the upper hemisphere around the luminaire or onto adjacent properties and structures, either through exterior full cut-off shields or through optics within the fixture. Support and mounting systems for luminaires shall not allow post-installation adjustments that could defeat compliance with this requirement.
(b) On-site lighting elements throughout and surrounding the site should be complementary, including pedestrian pathway, accent and parking lot lighting, lighting of adjacent developments and the public right-of-way.
(c) Except as provided in this section, outdoor lighting is encouraged to follow the intensity, technology, and other recommendations of the International Dark Sky Association and the Illuminating Engineering Society.
Figure 22C.080.450(3)
Examples of appropriate light shielding.
(4) Height.
(a) Freestanding lighting fixtures in parking lots shall not exceed 20 feet in height. Lighting fixtures on the top level of parking garages shall not exceed 12 feet in height.
(b) Pedestrian scale lighting shall not exceed 15 feet in height.
(c) Building-mounted exterior lighting shall not be placed at any point greater than 20 feet above the adjacent grade, except the height limit is 14 feet when within 100 feet of a single-family zone. This standard does not apply to fully recessed lights, such as when mounted on the underside of a gas station fueling canopy or building roof overhang.
Figure 22C.080.450(4)
Examples of site lighting.
(5) Lighting Levels.
(a) All public areas shall be lighted with average minimum and maximum levels as follows:
(i) Minimum (for low or nonpedestrian and vehicular traffic areas) of one-half foot candle.
(ii) Moderate (for moderate or high volume pedestrian areas) of one to two foot candles.
(iii) Maximum (for high volume pedestrian areas and building entries) of four foot candles.
(b) Lighting shall be provided at consistent levels, with gradual transitions between maximum and minimum levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and dark areas shall be avoided.
(c) Light levels at the property line should not exceed 0.1 foot candles (fc) adjacent to business properties, and 0.05 foot candles adjacent to residential properties.
(6) Parking Lot Lighting. Lighting parking lots shall be appropriate to create adequate visibility at night and evenly distributed to increase security. Lighting shall be located so that trees within the parking lot do not obscure the operation of the light fixture.
(7) Lighting Color (Chromaticity). The correlated color temperature of all outdoor lighting shall be 3,500 Kelvin maximum or lower (refer to American National Standards Institute’s publication C78.377 for guidance on LED lighting). Exceptions may be made for architectural floodlighting, accent lighting, or outlining.
Figure 22C.080.450(7)
Kelvin temperature chart.
(8) Exterior Lighting Controls. Automated control systems, such as energy management systems, photoelectric switches, motion sensors and astronomic timer switches, shall be used to meet the hours of operation requirements and the technical and energy efficiency requirements of the applicable Washington State Energy Code. Exceptions:
(a) Egress lighting as required by the building code.
(b) Lighting required for accessibility.
(c) Lighting required by statute, law, or ordinance to operate all night.
(d) A manual override at each exit door is allowed regardless of automatic control device.
(e) Seasonal holiday lighting and event lighting.
(9) Prohibited Lighting.
(a) Dynamic lighting.
(b) Luminaires exceeding 500,000 peak candelas and/or 500,000 lumens.
(c) Laser lighting.
(d) Any lighting of critical areas.
(e) Any lighting that may be confused with warning signals, emergency signals, or traffic signals.
(f) Mercury, low pressure sodium, or other light sources in public areas that can impede or distort the perception of actual colors.
(g) Blinking, flashing, intermittent, and/or moving lights unless specifically allowed elsewhere in the Marysville Municipal Code.
(h) Lighting permanently attached to trees. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021. Formerly 22C.080.460).
Article VI provides direction for the design of buildings consistent with the goals and policies of the downtown Marysville plan. See the individual “purpose” statements for each section in this chapter. (Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
Special building design standards in this article apply to the three-block stretch of Third Street, between Alder Avenue and 47th Avenue NE to reinforce the area’s historic/traditional character:
(1) MMC 22C.080.510(2)(a)(ii), regarding facade articulation standards.
(2) MMC 22C.080.510(5), regarding pitched rooflines.
Figure 22C.080.505
Map of Third Street character area.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose. To employ facade articulation techniques that reduce the perceived scale of large buildings and add visual interest from all observable scales.
(2) Facade Articulation. All applicable buildings shall include facade articulation features at maximum specified intervals to create a human-scaled pattern. These standards apply to building elevations facing streets (public and private), parks, zone edges, and through-block connections (except alley designs).
(a) Maximum Facade Articulation Intervals.
(i) Residential elevations: The width of the dwelling units inside the building (e.g., if the units are 25 feet wide, the facade articulation shall be 25 feet wide). This includes residential portions of mixed use buildings.
(ii) Third Street character area: 25 feet.
(iii) Storefronts: 30 feet. This refers to all ground-level elevations along active ground-floor designated block frontages.
(iv) Other ground-level elevations: 40 feet.
(v) Office buildings and other upper-level nonresidential elevations in the DC and flex zones: 60 feet.
(b) Articulation Features. At least three of the following articulation features shall be employed for all buildings in compliance with the maximum specified facade articulation intervals. Exception: Nonresidential buildings in the flex zone shall include at least two articulation features.
(i) Use of a window fenestration pattern.
(ii) Use of weather protection features.
(iii) Use of vertical piers/columns (applies to all floors of the facade, excluding upper level stepbacks).
(iv) Change in roofline per subsection (4) of this section.
(v) Change in building material and/or siding style (applies to all floors of the facade, excluding upper-level stepbacks).
(vi) Vertical elements such as a trellis with plants, green wall, art element that meet the purpose of the standard.
(vii) Providing vertical building modulation of at least 12 inches in depth if tied to a change in roofline per subsection (4) of this section or a change in building material, siding style, or color. Balconies may be used to qualify for this option if they are recessed or projected from the facade by at least 18 inches.
(viii) Other design techniques that effectively reinforce a pattern of articulated facades compatible with the building’s surrounding context.
DEPARTURES will be considered provided they meet the purpose of the standards and the design criteria below. For example, a departure may propose a design with only two articulation features instead of three and/or the articulation features exceed the maximum articulation interval.
(c) DEPARTURE Criteria Associated with Articulation Standards. Proposals shall meet the purpose of the standards. The following criteria will be considered in determining whether the proposed articulation treatment meets the purpose:
(i) Consider the type and width of the proposed articulation treatment and how effective it is in meeting the purpose given the building’s current and desired context (per Marysville downtown master plan).
(ii) Consider the applicable block frontage designation. Pedestrian-friendly or undesignated block frontages warrant more flexibility than active ground-floor block frontages.
(iii) Consider the size and width of the building. Smaller buildings (less than 120 feet wide) warrant greater flexibility than larger buildings.
(iv) Consider the quality of facade materials in concert with doors, windows, and other facade features and their ability to add visual interest to the street from a pedestrian scale and more distant observable scales.
(3) Maximum Facade Length. Building facades and other building elevations facing lower intensity residential zone edge shall include at least one of the following features to break up the massing of the building and add visual interest. This standard applies to building elevations longer than 120 feet in residential zones and the MS zone and 140 feet in the DC and flex zones.
(a) Provide vertical building modulation at least six feet deep and 15 feet long in the mixed use zones and at least eight feet deep and 20 feet long in the employment zones. For multistory buildings, the modulation shall extend through at least one-half of the building floors.
(b) Use of a contrasting vertical modulated design component featuring all of the following:
(i) Utilizes a change in building materials that effectively contrast from the rest of the facade.
(ii) Component is modulated vertically from the rest of the facade by an average of six inches.
(c) Facade employs building walls with contrasting articulation that make it appear like multiple distinct buildings. To qualify for this option, these contrasting facades shall employ all of the following:
(i) Different building materials and/or configuration of building materials.
(ii) Contrasting window design (sizes or configurations).
(d) DEPARTURES to subsections (3)(a) through (c) of this section will be considered provided the design meets the purpose of the standards. Supplemental consideration for approving alternative designs:
(i) Width of the facade. The larger the facade, the more substantial articulation/modulation features need to be.
(ii) Block frontage designation. Active ground-floor designated block frontages warrant the most scrutiny.
(iii) The type of articulation treatment and how effective it is in meeting the purpose given the building’s context.
(4) Roofline Modulation. Roofline modulation is encouraged and it can be used as one of the facade articulation features in subsections (2) and (3) of this section. In order to qualify as an articulation feature, rooflines shall employ one or more of the following:
(a) For flat roofs or facades with horizontal eave, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of the wall) when combined with vertical building modulation techniques described in subsections (2) and (3) of this section. Otherwise, the minimum vertical dimension of roofline modulation is the greater of four feet or 0.2 multiplied by the wall height.
(b) A pitched roofline or gabled roofline segment of at least 20 feet in width. Buildings with pitched roofs shall include a minimum slope of 5:12 and feature modulated roofline components at the interval required per the applicable standard above.
(c) A combination of the above.
DEPARTURES will be considered provided the roofline modulation design effectively reduces the perceived scale of the building and adds visual interest.
(5) Pitched Rooflines in the Third Street Character Area. Buildings in the Third Street character area shall employ gabled or hipped rooflines to reinforce the character and scale of the area.
Figure 22C.080.510(5)
Third Street character area – existing roofline examples.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose.
(a) To encourage the incorporation of design details and small-scale elements into building facades that are attractive at a pedestrian scale.
(b) To integrate window design that adds depth, richness, and visual interest to the facade.
(2) Facade Details – Nonresidential and Mixed Use Buildings. All building facades and other building elevations facing parks, pedestrian-oriented spaces, and containing primary building entrances shall be enhanced with appropriate details. All new buildings shall employ at least one detail element from each of the three categories below for each facade articulation interval (see MMC 22C.080.510(2)).
(a) Window and/or entry treatment, such as:
(i) Transom windows.
(ii) Roll-up windows/doors.
(iii) Recessed entry.
(iv) Decorative door.
(v) Other decorative or specially designed window, shading or entry treatment that meets the purpose of the standards.
(b) Building elements and facade details, such as:
(i) Custom-designed weather protection element such as a steel canopy, glass, or retractable awning. Custom-designed cloth awnings may be counted as a detail provided they are constructed of durable, high-quality material.
(ii) Decorative building-mounted light fixtures.
(iii) Bay windows, trellises, towers, and similar elements.
(iv) Other details or elements that meet the purpose of these standards.
(c) Building materials and other facade elements, such as:
(i) Use of decorative building materials/use of building materials. Examples include decorative use of brick, tile, or stonework.
(ii) Decorative kickplate, pilaster, base panel, or other similar feature.
(iii) Hand-crafted material, such as special wrought iron or carved wood.
(iv) Other details that meet the purpose of the standards.
DEPARTURES for facade detail standards of this subsection (2) will be considered provided the facade (at the overall scale and at the individual articulation scale) meets the purpose of the standards.
(3) Window Design Standards. All windows shall employ designs that add depth and richness to the building facade. At least one of the following features shall be included to meet this requirement:
(a) Recess windows at least one and one-half inches from the facade.
(b) Incorporate window trim (at least three inches wide) around windows.
(c) Incorporate other design treatments that add depth, richness, and visual interest to the facade.
(4) Cornice/Roofline Design. Buildings employing a flat roof shall employ a distinctive roofline that effectively provides an identifiable “top” to the building. This could include a traditional cornice line or a contemporary interpretation of a traditional cornice line.
(a) Such rooflines shall be proportional to the size and scale of the building.
(b) Understated cornice lines are permitted depending on the materials and design of the base and middle elements in reinforcing the base/middle/top configuration.
Figure 22C.080.520(4)(b) illustrates acceptable and unacceptable examples.
Rooftop solar units are permitted, provided the placement and design of units visible from the surrounding streetscape are carefully integrated into the overall design concept of the building.
(5) Articulated Building Entries. The primary building entrance for an office building, hotel, apartment building, public or community-based facility or other multistory commercial building shall be designed as a clearly defined and demarcated standout architectural feature of the building. Such entrances shall be easily distinguishable from regular storefront entrances on the building. Such entries shall be scaled proportional to the building. See Figure 22C.080.520(5) for good examples.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose.
(a) To encourage the use of durable, high quality, and urban building materials that minimize maintenance cost and provide visual interest from all observable vantage points.
(b) To promote the use of a distinctive mix of materials that helps to articulate facades and lends a sense of depth and richness to the buildings.
(c) To place the highest priority on the first floor in the quality and detailing of materials at the pedestrian scale.
(2) Special Conditions and Limitations for the Use of Certain Cladding Materials.
(a) Concrete block (a.k.a. concrete masonry unit or CMU) may be used as a secondary cladding material (no more than one-third of total facade cladding) on building elevations facing streets, parks, pedestrian-oriented spaces, and containing primary building entrances provided it is incorporated with other permitted materials.
DEPARTURES will be considered for alternative designs that use concrete block as the primary, but not the only, cladding material provided the design incorporates a combination of textures and/or colors to add visual interest. For example, combining split or rock-facade units with smooth blocks can create distinctive patterns. The figures below illustrate acceptable concrete block use/designs.
(b) Metal siding may be used on all building elevations provided it complies with the following standards:
(i) It shall feature visible corner molding and trim. Masonry, concrete, or other durable material shall be incorporated between the metal siding and the ground plane for all residential buildings and storefronts.
(ii) Metal siding shall be factory finished, with a matte, nonreflective surface.
DEPARTURES will be considered provided the material’s integration and overall facade composition meets the purpose of the standards.
(c) Standards for the Use of Exterior Insulation and Finish System (EIFS). Such material/finishes may be used when it complies with the following:
(i) For residential buildings, EIFS is limited to no more than 50 percent of the cladding for building elevations facing streets, parks, pedestrian-oriented spaces, and containing primary building entrances of the total facade area.
(ii) For nonresidential and mixed use buildings, EIFS is limited to no more than 25 percent of the cladding for building elevations facing streets, parks, pedestrian-oriented spaces, and containing primary building entrances of the total facade area.
(iii) EIFS shall feature a smooth or sand finish only.
(iv) EIFS shall be trimmed in wood, masonry, or other material and shall be sheltered from weather by roof overhangs or other methods.
(v) EIFS shall not be used on the ground floor of facades containing nonresidential uses.
DEPARTURES will be considered provided the material’s integration and overall facade composition meets the purpose of the standards.
(d) Cementitious wall board paneling/siding may be used on all building elevations provided it meets the following provisions:
(i) Cement board paneling/siding may not be used on ground-level facades containing nonresidential uses.
(ii) Where cement board paneling/siding is the dominant siding material, the design shall integrate a mix of colors and/or textures that are articulated consistent with windows, balconies, and modulated building surfaces and are balanced with facade details that add visual interest from the ground level and adjacent buildings.
DEPARTURES will be considered provided the material’s integration and overall facade composition meets the purpose of the standards.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).
(1) Purpose.
(a) To avoid untreated blank walls.
(b) To retain and enhance the character of downtown Marysville’s streetscapes.
(2) Blank Wall Definition. “Blank wall” means a ground-floor wall or portion of a ground-floor wall over 10 feet in height and a horizontal length greater than 15 feet and does not include a transparent window or door.
Figure 22C.080.540(2)
Blank wall definition.
(3) Blank Wall Treatment Standards. Untreated blank walls adjacent to a public street, pedestrian-oriented space, common outdoor space, or pedestrian pathway are prohibited. Methods to treat blank walls can include:
(a) Display windows at least 16 inches in depth to allow for changeable displays. Tack-on display cases (see Figure 22C.080.540(3)) do not qualify as a blank wall treatment.
(b) Landscape planting bed at least five feet deep or a raised planter bed at least two feet high and three feet deep in front of the wall with planting materials that are sufficient to obscure or screen at least 60 percent of the wall’s surface within three years.
(c) Installing a vertical trellis in front of the wall with climbing vines or plant materials.
(d) Installing a mural as approved by the director. Commercial advertisements are not permitted on such murals.
(e) Special building detailing that adds visual interest at a pedestrian scale. Such detailing shall use a variety of surfaces; monotonous designs will not meet the purpose of the standards.
For large visible blank walls, a variety of treatments may be required to meet the purpose of the standards.
(4) Firewalls. Firewalls along property lines are exempt from the above standards, but where they are visible to the public (from the adjacent street), they shall be designed to provide visual interest from all observable distances. Examples may include the use of varying materials, textures, and/or colors, the use of green or living walls, and/or the use of modulated building walls to form design patterns.
Murals are also encouraged as a firewall treatment. Murals are subject to approval by the director. Commercial advertisements are not permitted on such murals.
(Ord. 3295 § 10 (Exh. J), 2023; Ord. 3191 § 6 (Exh. B), 2021).