Chapter 19.08
PERMITTED USES

Sections:

19.08.010    Establishment of uses.

19.08.020    Interpretation of land use tables.

19.08.030    Residential land uses.

19.08.040    Recreation/cultural land uses.

19.08.050    General services land uses.

19.08.060    Government/business service land uses.

19.08.070    Retail/wholesale land uses.

19.08.080    Manufacturing land uses.

19.08.090    Resource land uses.

19.08.100    Regional land uses.

19.08.010 Establishment of uses.

The use of a property is defined by the activity for which the building or lot is intended, designed, arranged, occupied, or maintained. The use is considered permanently established when that use will be or has been in continuous operation for a period exceeding 60 days. A use which will operate for less than 60 days is considered a temporary use, and subject to the requirements of Chapter 19.44 MMC. All applicable requirements of this code, or other applicable state or federal requirements, shall govern a use located in the city of Marysville. (Ord. 2131, 1997).

19.08.020 Interpretation of land use tables.

(1) The land use tables in this chapter determine whether a specific use is allowed in a zone district. The zone district is located on the vertical column and the specific use is located on the horizontal row of these tables.

(2) If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that district, except for certain temporary uses.

(3) If the letter “P” appears in the box at the intersection of the column and the row, the use is allowed in that district subject to the review procedures specified in Chapter 19.52 MMC and the general requirements of the code.

(4) 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 procedures specified in Chapter 19.52 MMC and the general requirements of the code.

(5) 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 the code and the specific conditions indicated in the development condition with the corresponding number immediately following the land use table.

(6) 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 the code and the specific conditions indicated in the development condition with the corresponding number immediately following the table.

(7) All applicable requirements shall govern a use whether or not they are cross-referenced in a section. (Ord. 2131, 1997).

19.08.030 Residential land uses.

(1) Table.

Specific Land Use

RU

R 4.5-8

R 12-28

NB

CB

GC

DC

MU

BP

LI

GI

P/I

Dwelling Units, Types:

Single detached (22)

P18

P18

P18

Cottage housing

C7

C7

Duplex (22)

P

P11, C

P

Townhouse

P3

P

P17

P

Multiple-family

P

C9

P9, C15

P9, C15

P9, P17

P

Mobile home

P19

P19, C3

P19

P19

P19

P19

P19

P19

P19

P19

P19

Mobile home park

C

C14, P

P

Senior citizen assisted

C2

C2

P

C

P

Factory-built

P10

P10

P10

Guesthouse

P6

Caretaker’s quarters (8)

P

P

P

P

P

P

P

Group Residences:

Adult family home

P

P

P

P

P

P

P

P

P

Convalescent, nursing, retirement

C2

C2

C

P

P

P

P

P

Residential care facility

P

P

P

P

P

P

P

P

P

Accessory Uses:

Residential accessory uses (1) (12) (16)

P

P

P

Home occupation (5)

P

P

P20

P20

P20, P21

P20, P21

P20, P21

P20, P21

P21

P21

P21

Temporary Lodging:

Hotel/motel

P

P

P

P

P

P

P

P

Bed and breakfast guesthouse (4)

C

C13

P

Bed and breakfast inn (4)

C

P

P

P

P

(2) Development Conditions.

1.    Accessory dwelling units must comply with development standards in MMC 19.34.030, Accessory dwelling unit standards.

2.    Limited to three residents per the equivalent of each minimum lot size or dwelling units per acre allowed in the zone in which it is located.

3.    Only as part of a PRD development proposal, and subject to the same density as the underlying zone.

4.    Bed and breakfast guesthouses and inns are subject to the requirements and standards contained in Chapter 19.36 MMC, Bed and Breakfasts.

5.    Home occupations are subject to the requirements and standards contained in Chapter 19.32 MMC, Home Occupations.

6.    a. Guesthouses are not to be used as rental units or as a bed and breakfast;

    b. Only one guesthouse may be permitted per lot; and

    c. Each guesthouse shall be sited so that future division of the property will allow each structure to meet all bulk and dimensional requirements for the zone in which it is located.

7.    Subject to MMC cottage housing provisions, MMC 19.14.040.

8.    Limited to one dwelling unit for the purposes of providing on-site service and security of a commercial or industrial business.

9.    All units must be located above a street-level commercial use.

10.    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.

11.    Permitted outright in the R-8 and R-6.5 zones on minimum 7,200-square-foot lots. A conditional use permit is required for the R-4.5 zone, and the minimum lot size must be 12,500 square feet. Duplexes must comply with the comprehensive plan density requirements for the underlying land use designation.

12.    a. A garage sale shall comply with the following standards:

     i. 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.

     ii. 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.

    b. A garage sale complying with the above conditions shall be considered as being an allowable accessory use to all residential land uses. A garage sale violating one or more of the above conditions shall be considered as being a commercial use and will be disallowed unless it complies with all requirements affecting commercial uses.

13.    Limited to the R-6.5 and R-8 zones only.

14.    A conditional use permit is required in the low density multiple-family zone.

15.    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.

16.    Residential accessory structures must comply with development standards in MMC 19.34.020, Accessory structure standards.

17.    Permitted on the ground floor in the southwest sector of downtown vision plan area, as incorporated into the city of Marysville comprehensive plan.

18.    Manufactured homes must:

    a. Be no more than five years old, as evidenced by the date of manufacture recorded on the HUD data plate;

    b. 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;

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

19.    Mobile homes are only allowed in existing mobile home parks established prior to October 16, 2006.

20.    Home occupations are limited to home office uses in multifamily dwellings. No signage is permitted in townhouse or multifamily dwellings.

21.    Permitted in a legal nonconforming or conforming residential structure.

22.    No more than one single-family detached or duplex dwelling(s) is allowed per lot except in planned residential developments, Chapter 19.48 MMC, using the binding site plan process and designated, on the face of the BSP, for multiple single-family detached dwellings on a single parcel; or accessory dwelling units through the provisions of Chapter 19.34 MMC.

(Ord. 2776 § 2, 2009; Ord. 2742, 2008; Ord. 2662 § 1, 2006; Ord. 2639 § 1, 2006; Ord. 2631 § 3, 2006; Ord. 2626 § 4, 2006; Ord. 2575 § 1, 2005; Ord. 2463A § 1, 2003; Ord. 2433 § 1, 2002; Ord. 2410 § 1, 2002; Ord. 2151 § 5, 1997; Ord. 2131, 1997).

19.08.040 Recreation/cultural land uses.

(1) Table.

Specific Land Use

RU

R 4.5-8

R 12-28

NB

CB

GC

DC

MU

BP

LI

GI

REC

P/I

Park/Recreation:

Park

P1

P1

P1

P1

P

P

P

P

P

P

P

P1

P

Marina

P

P

C

P

Dock and boathouse, private, noncommercial

P6

P

P

P6

P

Recreational vehicle park

C2

C2

C

P

Boat launch, commercial or public

P

P

P

Boat launch, noncommercial or private

C7

P

P

P7

P

Community center

C

C

P

P

P

P

P

P

P

P

P

P

Amusement/Entertainment:

Theater

P

P

P

P

Theater, drive-in

C

Amusement and recreation services

P8

P8

P8

P9

P

P

C

Sports club

C

P

P

P

P

P

P

P

P

Golf facility (3)

C

C

P

P

P

P

P

P

C

Shooting range (4)

C

P5

P5

P5

Outdoor performance center

C

C

C

C

C

Riding academy

C

P

P

C

Cultural:

Library, museum and art gallery

C

C

C

P

P

P

P

P

P

P

P

C

P

Church, synagogue and temple

C

C

P

P

P

P

P

P

P

P

P

P

Dancing, music and art center

P

P

P

P

C

P

(2) Development Conditions.

1.    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.

2.    Recreational vehicle parks are subject to the requirements and conditions of Chapter 19.40 MMC.

3.    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.

4.    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.

5.    Only in an enclosed building.

6.    a. The height of any covered over-water structure shall not exceed 20 feet as measured from the line of ordinary high water;

    b. The total roof area of covered, over-water structures shall not exceed 1,000 square feet;

    c. The entirety of such structures shall have not greater than 50 percent of the width of the lot at the natural shoreline upon which it is located;

    d. No over-water structure shall extend beyond the average length of all 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.

7.    a. The city may regulate, among other factors, required launching depth, and length of docks and piers;

    b. Safety buoys shall be installed and maintained separating boating activities from other water-oriented recreation and uses where this is reasonably required for public safety, welfare and health; and

    c. All site improvements for boat launch facilities shall comply with all other requirements of the zone in which it is located.

8.    Excluding racetrack operation.

9.    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. (Ord. 2640 § 1, 2006; Ord. 2631 § 4, 2006; Ord. 2526 § 6, 2004; Ord. 2298 § 3, 1999; Ord. 2266 § 3, 1999; Ord. 2242, 1999; Ord. 2131, 1997).

19.08.050 General services land uses.

(1) Table.

Specific Land Use

RU

R 4.5-8

R 12-28

NB

CB

GC

DC

MU

BP

LI

GI

P/I

Personal Services:

General personal service

P

P

P

P

P

P

P

P

Dry cleaning plant

P

P

P

Dry cleaning pick-up station and retail service

P

P

P

P

P12

P

P

Funeral home/crematory

C1

C1

P

P

P

P13

P

P

P

Cemetery, columbarium or mausoleum

P10 C2

P10 C2

P10 C2

P10

P10

P10 C2

P

P

P

Day care I

P3

P3

P3

P

P

P

P

P4

Day care II

C16

C

P

P

P

P

P

P4

P4

Veterinary clinic

C

P

P

P

P

P

P

P

P

Automotive repair and service

P5

C, P15

P

P

P

P

Miscellaneous repair

P

P

P

P

Social services

C11

P

P

P

P

P

Stable

C

C

Kennel or cattery, hobby

P

C

C

Kennel, commercial and exhibitor/breeding

C

P

P

C

P

P

Civic, social and fraternal association

C

P

P

P

C

P

P

P

Club (community, country, yacht, etc.)

C

P

P

P

Health Services:

Medical/dental clinic

C

P

P

P

P

P

P

Hospital

C

P

P

P

C

C

Education Services:

Elementary, middle/junior high, and senior high (including public, private and parochial)

C

C

C

C

C

C

C

P

C

C