Chapter 19.14 DEVELOPMENT STANDARDS

Chapter 19.14
DEVELOPMENT STANDARDS – DESIGN REQUIREMENTS

Sections:

19.14.010 Purpose.

19.14.020 Applicability and interpretations.

19.14.030 Lot segregations – Zero lot line development.

19.14.040 Cottage housing developments.

19.14.050 Site and building design standards.

19.14.060 Downtown signs and other features.

19.14.070 Commercial, multiple-family, townhome, and group residences – Vehicular access and parking location.

19.14.080 Waterfront overlay.

19.14.085 Repealed.

19.14.090 Design standards for gas stations, convenience stores, car washes and similar uses.

19.14.095 Small lot single-family dwelling development standards.

19.14.100 On-site recreation – Space required.

19.14.110 On-site recreation – Play areas required.

19.14.120 On-site recreation – Maintenance of recreation space or dedication.

19.14.130 On-site recreation – Fee in-lieu of recreation space.

19.14.140 On-site recreation – Acceptance criteria for fee in-lieu of recreation space.

19.14.150 Storage space and collection points for recyclables.

19.14.160 Fences.

19.14.170 Fence variance requests.

19.14.180 Special limitations in the R-12-28 zones.

19.14.190 Special limitations in the business and commercial zones.

19.14.200 Special limitations in the industrial zones.

19.14.210 Duplex performance and design standards.

19.14.010 Purpose.

This chapter applies to new commercial, multifamily residential and high density (8+ du/acre) single-family development. The purpose of this chapter 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. 2786 § 1, 2009; Ord. 2572 § 2, 2005).

19.14.020 Applicability and interpretations.

(1) Applicability.

(a) These design standards apply to all new planned residential developments (PRD) in any zone, multifamily structures in any zone, and commercial and residential development within the following zones: general commercial (GC), community business (CB), neighborhood business (NB), downtown commercial (DC), mixed use (MU), high density multiple-family (R-28), medium density multiple-family (R-18), low density multiple-family (R-12), high density single-family, small lot (R-8).

(b) The standards specified in the following sections shall be applied by the city to individual building permits for single-family residences, MMC 19.14.095; duplexes, MMC 19.14.210; and accessory uses, MMC 19.08.030(2)(16); 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.

(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) 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. 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. The following resources can be used in interpreting the guidelines: Residential Development Handbook for Snohomish County Communities (prepared for Snohomish County Tomorrow by Makers, Inc.), Site Planning and Community Design for Great Neighborhoods (Frederick D. Jarvis, 1993), and City Comforts (David Sucher, 1996).

(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

(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. 2662 § 2, 2006; Ord. 2631 § 9, 2006; Ord. 2572 § 2, 2005).

19.14.030 Lot segregations – Zero lot line development.

In any PRD overlay zone, interior setbacks may be modified during subdivision or short subdivision 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 or short plat shall show the approximate location of buildings proposed to be placed in a standard setback area. (Ord. 2131, 1997).

19.14.040 Cottage housing developments.

(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 the following areas: residentially zoned properties in Downtown Planning Area 1; single-family zones where properties are encumbered by at least 35 percent critical areas and associated buffers; and single-family zoned parcels adjacent, including across the street in some cases, to multifamily, commercial and industrial zoned parcels, as a transition to multi-family, commercial and industrial uses.

(3) Accessory dwelling units shall not he permitted in cottage housing developments.

(4) Density and Minimum Lot Area.

(a) Cottage housing developments shall contain a minimum of four cottages arranged on at least two sides of a common open space or configuration as otherwise approved by the director, with a maximum of 12 cottages per development.

(b) On a lot to be used for a cottage housing development, existing detached single-family residential structures, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be increased. Such nonconforming dwelling units shall be included in the maximum permitted cottage density.

(c) Cottage housing developments shall be allowed a density not to exceed two times the base density allowed in the underlying zone.

(5) Height Limit and Roof Pitch.

(a) The height limit permitted for structures in cottage housing developments shall be 18 feet.

(b) The ridge of pitched roofs with a minimum slope of six to 12 (6:12) may extend up to 28 feet. The ridge of pitched roofs with a minimum slope of four to 12 (4:12) may extend up to 23 feet. All parts of the roof above 18 feet shall be pitched.

(6) Lot Coverage and Floor Area.

(a) The maximum lot coverage permitted for buildings in cottage housing developments shall not exceed 40 percent and the maximum total lot coverage shall not exceed 60 percent.

(b) The maximum main floor area is 800 square feet.

(c) The total floor area of each cottage shall not exceed either 1.5 times the area of the main level or 1,200 square feet, whichever is less. Enclosed space in a cottage located either above the main level and more than 12 feet above finished grade, or below the main level, shall be limited to no more than 50 percent of the enclosed space of the main level, 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).

(d) Attached garages shall be included in the calculation of total floor area.

(e) Areas that do not count as total floor area are:

(i) Unheated storage space located under the main floor of the cottage.

(ii) Attached roofed porches.

(iii) Detached garages or carports.

(iv) Spaces with the ceiling height of six feet or less measured to the exterior walls, such as a second floor area under the slope of a roof.

(f) 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 duration of city cottage regulations.

(7) Yards.

(a) Front Yards. The front yard for cottage housing developments shall be 10 feet.

(b) Rear Yards. The minimum rear yard for a cottage housing development shall be 10 feet. If abutting an alley the rear yard setback may be reduced to five feet.

(c) Side Yards. The minimum required side yard for a cottage housing development shall be five feet. When there is a principal entrance along a side facade, the side yard shall be no less than 10 feet along that side for the length of the pedestrian route. This 10-foot side yard shall apply only to a height of eight feet above the access route.

(d) Interior Separation for Cottage Housing Developments. There shall be a minimum separation of six feet between principal structures. 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.

(8) Required Open Space.

(a) Quantity of Open Space. A minimum of 400 square feet per unit of landscaped open space is required. This quantity shall be allotted as follows:

(i) A minimum of 200 square feet per unit shall be private usable open space (setbacks and common open space shall not be counted as private open space); and

(ii) A minimum of 150 square feet per dwelling unit shall be provided as common open space. (Setbacks and private open space shall not be counted as common open space.)

(b) Critical areas and buffers shall not be counted as open space.

(c) Each house shall abut its private open space. A fence or hedge not to exceed three feet may separate private open space from common open space.

(9) Development Standards. Cottages shall be oriented around and have their main entry from the common open space.

(a) Private usable open space shall be provided in one contiguous area with a minimum area of 200 square feet. No horizontal dimension of the open space shall be less than 10 feet and shall be oriented toward the common open space, as much as possible.

(b) Required common open space shall be provided at ground level in one contiguous parcel. Each cottage shall abut the common open space, and the common open space shall have cottages abutting at least two sides.

(d) Each cottage unit shall have a covered porch or entry of at least 60 square feet with a minimum dimension of six feet on any side.

(e) Secondary entrances facing a street or sidewalk shall have a five-by-five foot porch.

(f) Separation of Identical Building Elevations. Units of identical elevation types must be separated by at least two different elevations. This will result in at least three different elevation plans per cluster. No two adjacent structures shall be built with the same building size or orientation (reverse elevations do not count as different building elevations), facade, materials, or colors.

(g) Variety in Building Design. A variety of building elements and treatments of cottages and accessory structures must be incorporated. Structures must include articulation, change in materials or texture, windows, or other architectural feature as shown in the city’s design standards. No blank walls are allowed.

(h) 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.

(10) Parking shall be:

(a) Located on the cottage housing development property.

(b) Located in clusters of not more than five adjoining spaces.

(d) Parking is allowed between or adjacent to structures only when it is located toward the rear of the principal structure and is served by an alley or private driveway.

(e) Off-street parking requirements are as follows:

(i) Units under 700 square feet: one space per unit;

(ii) Units between 700 and 1,000 square feet: 1.5 spaces per unit; and

(iii) Units over 1,000 square feet: two spaces per unit.

At least one parking stall per dwelling will be enclosed or covered.

(f) Access to parking shall be from the alley when property 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.

(g) Not located in the front yard.

(11) Covered parking areas should be located so their visual presence is minimized, and associated noise or other impacts do not intrude into public spaces. These areas should also maintain the single-family character along public streets.

(a) For shared detached garages, the design of the structure must be similar and compatible to that of the dwelling units within the development.

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

(c) The design of carports must include rooflines similar and compatible to those of the dwelling units within the development.

(12) Screening Requirements.

(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) Common waste and other storage receptacles shall not be placed in the front yard setback area.

(c) Common waste and other storage receptacles shall be architecturally screened and/or screened with landscaping so as to mask their appearance to residents, adjacent property owners, and the public rights-of-way.

(13) 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 following criteria are met:

(a) The site is constrained due to unusual shape, topography, easements or sensitive areas.

(b) The modification is consistent with the objectives of this chapter.

(c) The modification will not result in a development that is less compatible with neighboring land uses. (Ord. 2742, 2008; Ord. 2131, 1997).

19.14.050 Site and building design standards.

(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 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, commercial and multiple-family developments, whereas only subsections (2) and (3) 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 commercial developments of over 12,000 square feet in building area, multifamily development of 10 or more units, and planned residential developments.

(2) Relationship of Building(s) 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.

(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 ROW.

(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.

(v) Provide for businesses that require outdoor display oriented to the street, such as nurseries and auto sales, to have such display be raised and clearly marked.

(b) The development shall create a well-defined streetscape to allow for the safe movement of pedestrians. Whenever possible, building setbacks shall be minimized and parking and drive-through passageways shall be relegated to the side and rear of buildings.

(c) 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.

(3) Relationship of Building(s) 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.

(b) Harmony in texture, lines and masses is encouraged.

(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 19.16 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 19.16 MMC) and 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.

(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, when used, shall be part of the architectural concept. Lighting shall enhance the building design and adjoining landscaping. It should provide adequate lighting to ensure safety and security; enhance and encourage evening activities; and when warranted by the adjoining streetscape theme, provide a distinctive character to the area. In addition, the following shall be addressed:

(i) The site plan shall identify lighting equipment and standards. Uplighting on trees and provisions for seasonal lighting are encouraged.

(ii) Accent lighting on architectural and landscape features is encouraged to add interest and focal points.

(iii) Parking area lighting shall not exceed 25 feet in height and shall be shielded to minimize glare and spillage into the surrounding community.

(5) Building Scale Standards. All elements of building design should form an integrated development, harmonious in scale, line, and mass to ensure that buildings are based on human scale (i.e., the relationship of the size of the building’s features to the people that use the building). Design elements should also ensure that large buildings reduce their apparent mass and bulk on elevations visible from streets or pedestrian routes through such methods as facade modulation and architectural detailing, roof treatment, colors, materials, and other special features.

(a) Integration. Large buildings should integrate features along their facades visible from the public right-of-way and pedestrian routes and entries to reduce the apparent building mass and achieve an architectural scale consistent with other nearby structures.

(b) Facade Modulation. Building facades visible from public streets and public spaces should be stepped back or projected forward at intervals to provide a minimum of 40 percent facade modulation. The minimum depth of modulation should be one foot, and the minimum width should be five feet.

(c) Articulation. Buildings should be articulated to reduce the apparent scale of buildings. Architectural details that are used to articulate the structure may include color, arrangement of facade elements, or change in building materials.

(i) Tripartite Articulation. Buildings should provide tripartite building articulation (building top, middle, and base) to provide pedestrian-scale and architectural interest.

(d) Window Treatments. Buildings should provide ample articulated window treatments in facades visible from streets and public spaces for architectural interest and human scale. Windows should be articulated with mullions, recesses, awnings, etc., as well as applying complementary articulation around doorways and balconies.

(e) Architectural Elements. The mass of long or large scale buildings can be made more visually interesting by incorporating architectural elements, such as arcades, balconies, by windows, dormers, and/or columns.

(f) Rooflines. A distinctive roofline can reduce perceived building height and mass, increase compatibility with smaller scale and/or residential development, and add interest to the overall design of the building.

(i) Rooflines with alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval are encouraged.

(ii) Roofs that incorporate a variety of vertical dimensions such as multi-planed and intersecting rooflines are encouraged.

(iii) Flat-roofed designs should include architectural details such as cornices and decorative facings to provide interest to the roofline.

(g) When there is a change in the building plane, a change in the building materials, colors or patterns should also be considered.

(h) Landscaping. The landscape plan should provide a trellis, tree or other landscape feature within each interval.

(i) Upper Story Setback. Setting back upper stories helps to reduce the apparent bulk of a building and promotes human scale.

(j) Small-Scale Additions. In retail areas, small-scale additions to a structure can reduce the apparent bulk by articulating the overall form. Clustering smaller uses and activities around entrances on street-facing facades also allows for small retail or display spaces that are inviting and add activity to the streetscape.

(6) Building Details, Materials, and Colors.

(a) The building should provide visual interest, distinct design qualities, and promote compatibility and improvement within surrounding neighborhoods and community development through effective architectural detailing and the use of traditional building techniques and materials.

(b) Design Criteria.

(i) Building materials and building techniques should be of high durability and high quality. For commercial and residential uses, the use of brick is encouraged on walls or as accents on walls. Large areas of rough-cut wood, wide rough-cut lap siding, or large areas of T-111, plywood, or similar materials are prohibited. Vinyl siding is prohibited on the ground floor of commercial buildings.

(ii) Buildings should be enhanced with appropriate details. The following elements are examples of techniques used on buildings to provide detail:

(A) Ornate rooflines, including use of ornamental molding, entablature, frieze, or other roofline devices.

(B) Overhead weather protection along sidewalks.

(C) Detailed treatment of windows and doors, including use of decorative lintels, sills, glazing, door design, molding or framing details around all windows and doors located on facades facing or adjacent to public streets or parks. Window treatment should be sized as follows:

1. Windows should not have individual glass panes with dimensions greater than five feet by seven feet.

2. Windows should be surrounded by trim, molding and/or sill at least four inches wide. Commercial buildings with no trim or molding should have window frames at least two inches wide.

3. Individual window units should be separated from adjacent window units by at least six inches of the building’s exterior finish material.

(7) Public or Private Open Space. Where feasible and appropriate, larger (over 10 acres) commercial and residential developments should incorporate open spaces into the site design to provide community gathering space and neighborhood meeting areas. These areas should provide outdoor spaces for relaxing, eating, socializing, and recreating. The following standards apply to these outdoor areas:

(a) Plazas and Gathering Places.

(i) Areas should be sized between 5,000 and 10,000 square feet.

(ii) Plazas and gathering places should be able to serve as a center for daily activities.

(iii) Paving should be unit-pavers or concrete with special texture, pattern, and/or decorative features.

(iv) Pedestrian amenities should be provided, including features such as seating, plants, drinking fountains, artwork, and such focal points as sculptures or water features.

(v) Lighting fixtures should be approximately 10 to 15 feet above the surface. The overall lighting in the plaza should average at least two foot-candles.

(b) Open Spaces and Project Details. The listed literature resources in MMC 19.14.020(2)(a) provide smaller scale concepts for integrating public gathering places and open spaces into the project design.

(8) Site Design Utilizing Crime Prevention Throrugh 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. (Ord. 2786 § 2, 2009; Ord. 2631 § 10, 2006; Ord. 2572 § 2, 2005).

19.14.060 Downtown signs and other features.

The following standards are intended to encourage more attractive human scale signage and other features for new developments in the downtown neighborhood, Planning Area 1 of the city of Marysville comprehensive plan:

(1) Signage will be consistent with Chapter 19.20 MMC, Sign Code, as amended. In addition, the following signs and sign elements are prohibited:

(a) Pole-mounted signs unless consistent with the comprehensive design plan permit criteria set forth in MMC 19.20.220;

(b) Signs employing moving or flashing lights; and

(2) Public and Directional Signs.

(a) Public and directional signs may include directional signage and street name markers, pedestrian trail markers, project tenant directories, kiosks, theme elements, and miscellaneous exterior site signage.

(b) Directional signage shall be required to direct traffic to public parking.

(3) Building plans should include panels, raceways, etc., where attached signs are to be located.

(4) Freestanding signs must include the same architectural elements as the adjacent buildings.

(5) Miscellaneous structures, art, and street furniture located on private property, public ways, and other public property shall be designed to be part of the architectural concept of the design and landscape. Materials shall be compatible with buildings, scale shall be appropriate, colors shall be in harmony with buildings and surroundings, and proportions shall be to scale. (Ord. 2572 § 2, 2005).

19.14.070 Commercial, multiple-family, townhome, and group residences – Vehicular access and parking location.

(1) On sites abutting an alley, commercial, apartment, townhome and all group residences 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 encouraged.

(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 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. 2151 § 12, 1997; Ord. 2131, 1997).

19.14.080 Waterfront overlay.

(1) The Ebey Slough is a broad, tidally influenced channel that runs southeasterly towards the Sunnyside neighborhood and west to Puget Sound and creates a waterfront corridor that forms the southern boundary of the downtown subarea plan. This corridor is the waterfront overlay zone.

(a) A new waterfront boat launch will be operational in 2005, located at the southwest corner of First Street and State Avenue. This will create a waterfront destination within the downtown that will be the site of community festivals, gatherings and recreation.

(b) Maximizing public shoreline access and views is paramount in future development of this area.

(2) In order to maximize the appeal of the Ebey Slough waterfront corridor as set forth in subsection (1) of this section, the following standards shall be incorporated into all new development within the waterfront overlay:

(a) Landscaping can be formal or informal in style; however, plantings should frame vistas and emphasize views, where applicable.

(b) Buildings with upper floors containing windows and/or balconies overlooking the Ebey Slough waterfront are strongly encouraged.

(c) Pedestrian amenities shall be provided, such as seating, plants, drinking fountains, distinctive paving, artwork, and such focal points as sculpture or water feature.

(d) Pedestrian-oriented spaces are encouraged along the pedestrian connections and near key building entries. They can be small to large widening of walking space, landscaped areas, areas for outdoor dining, or small play areas. In addition, the following standards apply to pedestrian oriented space:

(i) Lighting fixtures should be approximately 10 to 15 feet above the surface and may be building mounted.

(ii) The spaces must have visual and pedestrian access (including barrier-free access) to abutting and public streets or pathways.

(iii) Walking surfaces should be either approved unit pavers or colored and textured concrete.

(iv) At least one linear foot of seating area (at least 16 inches deep) or one individual seat per 60 square feet of plaza area or open space should be included (seating can include benches, low walls, stairs, or ledges).

(v) Landscaping that does not act as a visual barrier is encouraged.

(vi) Buildings abutting pedestrian-oriented space must have pedestrian-oriented facades (see building orientation standards below).

(e) Buildings should provide an attractive pedestrian environment; enhance the character of the streetscapes within and surrounding the area; enhance the use and safety of open spaces by fronting onto them; and provide attractive building facades adjacent to parking lots. In addition, the following standards apply to buildings within the waterfront overlay:

(i) Secondary entrances along corridors are strongly encouraged.

(ii) Since buildings will front the community open space and trails, exposing side and rear walls of new buildings to public view, these sides should be designed and/or screened to provide an attractive streetscape or walking entry to the waterfront.

(iii) Kiosks and pedestrian walkways shall be integrated into the site design as appropriate.

(f) In order to encourage a safe environment for pedestrians to move throughout the planning area and separation of pedestrian and vehicular traffic and to create a varied and rich environment to encourage people to explore the area on foot, the following standards shall apply to public open space, sidewalks, and pathways within the waterfront overlay:

(i) All public open spaces, sidewalks, and pathways shall meet ADA standards.

(ii) Sidewalks should be separated from the roadway by planting strips with street trees wherever possible. Planting strips should generally be at least five feet in width and include evergreen shrubs no more than four feet in height and/or ground cover and canopy-type broadleaf trees placed an average of 25 feet on center.

EXCEPTIONS:

(A) Where space is limited, planting strips less than five feet in width may be permitted by the city;

(B) Street trees placed in tree grates may be more desirable than planting strips in key pedestrian areas.

(iii) Acceptable sidewalk widths may range from four to 10 feet depending on adjacent uses and anticipated pedestrian activity. Refer to city engineering design and development standards for appropriate sidewalk widths on designated roads and arterials.

(iv) Pedestrian crosswalks shall be provided at all intersections.

(v) The addition of texture to the ground plane of key sidewalks and pathways with unit pavers, bricks, tiles, or public artwork is encouraged.

(vi) Pathways should be at least 10 feet in width.

(vii) Pedestrian amenities, including landscaping and seasonal flowers, benches, lighting, and/or artwork, shall be provided along pathways to create visual interest. (Ord. 2572 § 2, 2005).

19.14.085 Building facade modulation for multiple-family buildings.

Repealed by Ord. 2572. (Ord. 2228 § 2, 1999; Ord. 2187 § 2, 1998).

19.14.090 Design standards for gas stations, convenience stores, car washes and similar uses.

(1) All structures (primary building, screening walls, canopy, canopy supports, signs, dumpster enclosures, etc.) should match architecturally.

(2) Pad buildings and landscaping should match the surrounding shopping center.

(3) Architectural interest and detail should be provided on all sides of building.

(4) Quality roofing materials (mission tile, concrete tile, standing seam metal, etc.) should be used on all visible pitched roofs.

(5) Excessively straight and unvarying rooflines should be “broken” by using offsets, varying heights, stepping, or different orientations to produce a more interesting roofline.

(6) The exterior building material should be continued along the base of the store front windows at a minimum height of 20 inches.

(7) A three-foot wide strip of foundation landscaping shall be provided along at least 50 percent of the building’s frontage.

(8) 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.”

(9) Vehicular and pedestrian cross-access should be provided with adjacent commercial properties.

(10) Pad development sites should “share” driveways with the surrounding shopping center when reasonable to do so.

(11) 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.

(12) A three-foot masonry screen wall, earth berm, or combination shall be provided along all street frontages.

(13) Refuse containers shall be screened with a six-foot masonry wall on three sides.

(14) Automobile service and wash bays visible from the public street shall be screened with a six-foot masonry wall.

(15) Service activity areas (automotive, tire, etc.) should be oriented away from residential uses.

(16) Signage shall be an integral design element of a project and compatible with the exterior architecture with regard to location, scale, color and lettering.

(17) 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.

(18) No commercial signage should occupy the pump island area. All directional signs should be architecturally integrated.

(19) Gasoline price signs should be architecturally integrated with other signs or structures. (Ord. 2572 § 2, 2005).

19.14.095 Small lot single-family dwelling development standards.

The provisions of this section apply to building permits for single-family dwellings on lots having an area less than 7,000 square feet and single-family dwellings when multiple single-family dwellings are on a single lot, excluding accessory dwelling units; review will be done through the building permit process.

(1) It is the intent of these development standards that single-family dwellings on small lots 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 minimum dimensions of six feet by six feet; if the lot is less than 5,000 square feet the entry feature area shall be at least 60 square feet with no dimension less than six feet.

The director may approve any 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.

(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.

(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.

(a) Auto courts are only allowed in a PRD.

(b) Auto courts provide ingress and egress to a cluster of no more than six dwellings and access from a nonarterial street. Auto court design must be consistent with the city’s design guidelines for auto courts.

(c) Auto courts shall be no less than 20 feet in width; provided, that if emergency services access is required, the driving surface dimensions will comply with emergency vehicle access requirements.

(d) Auto courts shall be no greater than 150 feet in length, unless acceptable emergency vehicle turnaround is provided and designed so vehicles will not back onto public streets.

(e) Driveway length may be reduced to between three feet and six feet for garages when at least two parking spaces are provided for the unit in addition to the garage. The additional parking must be conveniently located to the dwelling.

(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 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. Driveway cuts shall not exceed 16 feet in width.

(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 roof lines, 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.

(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. Duplexes must be designed to architecturally blend with the surrounding single-family dwellings and not be readily discernible as a duplex but appear to be a single-family dwelling. (Ord. 2662 § 2, 2006; Ord. 2423 § 1, 2002).

19.14.100 On-site recreation – Space required.

(1) Except when fees in lieu of commonly owned recreation space are provided pursuant to MMC 19.14.110 through 19.14.140, multiple-family developments in the R-12-28, P/I, or mixed use zones shall provide outdoor or active recreation space, or a combination thereof, in accordance with the following chart:


Type of dwelling unit	Outdoor open space	Active 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

(2) Any recreation space located outdoors shall:

(a) Be of a grade and surface suitable for recreation;

(b) Be on the site of the proposed development;

(d) Have no dimensions less than 30 feet (except trail segments);

(e) In an apartment or townhome development, have a street roadway or parking area frontage along 10 to 50 percent of the recreation space perimeter (except trail segments); and

(f) Be centrally located and accessible and convenient to all residents within the development.

(3) 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.

(4) Active recreation facilities may include, but are not limited to, exercise rooms, sport courts, swimming pools, tennis courts, game rooms, or community centers. Outdoor open space shall not include areas devoted to parking or vehicular access, and should be one continuous tract. (Ord. 2631 § 11, 2006; Ord. 2298 § 17, 1999; Ord. 2131, 1997).

19.14.110 On-site recreation – Play areas required.

(1) All apartment, and townhome development, excluding senior citizen apartments, shall provide tot/children play areas within the recreation space on-site, except when facilities are available within 1/4 mile that are developed as public parks or playgrounds and are accessible without the crossing of arterial streets.

(2) If any play apparatus is provided in the play area, the apparatus shall meet Consumer Product Safety Standards for equipment, soft surfacing and spacing, and shall be located in an area that is:

(a) At least 400 square feet in size with no dimension less than 20 feet; and

(b) Adjacent to main pedestrian paths or near building entrances;

19.14.120 On-site recreation – Maintenance of recreation space or dedication.

(1) Unless the recreation space is dedicated to city of Marysville pursuant to subsection (2) of this section, maintenance of any 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) Recreation space may be dedicated as a public park when the following criteria are met:

(a) The dedicated area is at least 1.5 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;

19.14.130 On-site recreation – Fee in-lieu of recreation space.

Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of providing on-site open space or recreation when a proposed development is located within 1,000 feet of an existing or proposed recreational facility. (Ord. 2131, 1997).

19.14.140 On-site recreation – Acceptance criteria for fee in-lieu of recreation space.

City of Marysville 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 19.14.120(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. 2131, 1997).

19.14.150 Storage space and collection points for recyclables.

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.

(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. 2131, 1997).

19.14.160 Fences.

(1) The maximum height of fences are as follows:

(a) Residential Zones on Nonarterial Streets.

(i) Front yard – Four feet solid or six feet if entirely open-work fence.

(ii) Side yard – Six feet.

(iii) Rear yard – Six feet.

(b) Residential Zones on Arterial Streets.

(i) Front yard – Six feet; provided, that the top two feet are constructed as an open-work fence.

(ii) Side yard – Six feet.

(iii) Rear yard – Six feet.

(d) Industrial Zones. All yards – 10 feet.

(2) The planning director shall have authority to administratively grant a variance to increase the maximum height of side and rear yard fences in residential zones to eight feet. The planning 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. Each variance shall be considered on a case-by-case basis, and shall not be construed as setting precedent for any subsequent application. The decision of the planning director on a variance application shall be final, subject to appeal to the city hearing examiner, pursuant to the procedures in Chapter 15.11 MMC. Appeals shall be filed within 14 days of the written decision of the planning director. The following information will be considered in review of the variance request:

(a) The fence is designed and constructed so that is does not cause a public safety hazard by obstructing visibility of pedestrians or motorists using streets, driveways or sidewalks.

(b) The applicant can demonstrate to the satisfaction of the planning director, or designee, that the increased fence height will not adversely affect adjacent property owners or obstruct view corridors.

(c) The applicant provides written notification to immediately adjoining property owners of the height and location of the proposed fence.

(d) Fences greater than six feet in height are required to obtain a city building permit.

(3) When a protective fence is located on top of a rockery within the required setback area, any portion of the fence above a height of six feet shall be an open-work fence.

(4) No barbed or razor-wire fence shall be located in any residential zone or any commercial zone, except for the confinement of livestock.

(5) 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.

(6) 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.

(7) 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.

(8) There shall be no setback requirements for fences and freestanding walls in side yards or rear yards. In front yards solid fences and freestanding walls, between four and six feet in height, shall be set back at least 20 feet from the street right-of-way; provided, that for a corner lot the 20-foot setback shall only apply to the street which provides primary access to the lot. 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. 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. For special rules relating to fences and walls near fire hydrants, see MMC 14.03.050(2) and the Uniform Fire Code. (Ord. 2422 § 1, 2002; Ord. 2131, 1997).

19.14.170 Fence variance requests.

In considering a request for a modification of the fence requirements outlined in MMC 19.14.160, the hearing examiner shall consider the following factors:

(1) 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;

(2) The proposed fence will not infringe upon or interfere with utility and/or access easements or covenant rights or responsibilities;

(3) 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. (Ord. 2131, 1997).

19.14.180 Special limitations in the R-12-28 zones.

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. 2131, 1997).

19.14.190 Special limitations in the business and commercial zones.

(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. 2642 § 1, 2006; Ord. 2131, 1997).

19.14.200 Special limitations in the industrial zones.

(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, 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. 2131, 1997).

19.14.210 Duplex performance and design standards.

In addition to the regulations set forth in MMC 19.40.070 through 19.14.090, all new duplexes located within any residential zone shall meet the following standards and regulations:

(1) Bulk and Setback Variation. Each duplex structure shall have horizontal or vertical variation within each dwelling unit’s front building face and between the front building faces of all adjacent units/structures to provide visual diversity to the duplex structures and individual identity to duplex units. Upon building permit or conditional use permit (if required) application, a plot plan of the entire structure in which each unit is located shall be provided by the builder to show compliance with this requirement. The planning director shall review and approve or deny the building design which may incorporate variations in roof lines, setbacks between adjacent buildings or lots, and other structural variations. Where the applicant and the planning director are not able to reach agreement on the provisions of the final building design, the dispute shall be submitted to the hearing examiner in accordance with the procedures established in MMC Title 15, Development Code Administration.

(2) Building Plans. The same building plan cannot be utilized on consecutive lots. “Flip-flopping” of plans is not permitted; provided, that upon demonstration to the planning director that the alteration of building facades would provide comparable visual diversity and individual identity to the duplexes 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.

(3) Landscaping. At the time of application for a building permit or conditional use permit (if required), the developer shall submit landscaping plans for, at a minimum all front and side setbacks and common open space areas associated with the building for which permit application is made. Landscaping shall consist of two native trees per unit, planted in the front yard, which are at least one and one-half inch in caliper for deciduous or six feet in height for evergreen trees, plus a mixture of trees, shrubs and groundcover 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.

(4) Orientation. Building orientation should be utilized as a method to provide visual diversity and individual identity to the duplex structures; provided, that where physical or economic considerations make such orientation impractical, this provision shall not apply. (Ord. 2131, 1997).