Chapter 18.16 SHORELINE MANAGEMENT MASTER PROGRAM

The city council hereby adopts the 2006 Shoreline Master Plan as an element of, and amendment to, the Marysville Growth Management Comprehensive Plan, subject to the modifications set forth in the Department of Ecology’s required changes, which are attached to the ordinance codified in this section as Attachment B. A copy of the comprehensive plan amendment, entitled the 2006 Shoreline Master Plan, is attached the ordinance codified in this section as Exhibit C and is hereby incorporated by this reference. (Ord. 2668 § 1, 2006).

18.16.020 Shoreline environment designation map.

Repealed by Ord. 2668. (Ord. 859 § 2, 1975).

18.16.030 Boundary interpretation.

Repealed by Ord. 2668. (Ord. 859 § 3, 1975).

18.16.040 Definitions.

Repealed by Ord. 2668. (Ord. 859 § 4, 1975).

18.16.050 Compliance required.

No developments shall be undertaken on the shorelines of the city except those which are consistent with the policies of this chapter and, after adoption or approval, as appropriate, the applicable guidelines, regulations, or master program. (Ord. 789 § 2, 1973).

18.16.060 Permit required.

No substantial development shall be undertaken on the shorelines of the city without first obtaining a permit from the city. (Ord. 789 § 3, 1973).

18.16.070 Permit – Fees.

All persons desiring such a permit shall make application by paying a fee as set out in Chapter 19.54 MMC and filing an application with the city planning department. (Ord. 2030 § 2, 1995; Ord. 1924 § 3, 1992; Ord. 1709, 1989; Ord. 1123 § 1, 1980; Ord. 1100 § 1, 1980; Ord. 789 § 4, 1973).

18.16.080 Application – Form.

Applications for permits shall be made on forms prescribed by the planning department, and shall contain the name and address of the applicant, a description of the development, the location of the development, and any other relevant information deemed necessary by the planning department. (Ord. 2030 § 3, 1995; Ord. 789 § 5, 1973).

18.16.090 Review process.

The planning department will review the substantial development permit proposals for consistency with:

(1) The legislative policies stated in RCW 90.58.020, the Shoreline Management Act;

(2) The Shoreline Management Master Program of the city of Marysville. (Ord. 2030 § 3, 1995; Ord. 1123 § 2, 1980; Ord. 789 § 6, 1973).

18.16.100 Notice publication.

Upon receipt of an application for a permit, the city shall cause notice of application to be published at least once a week for two consecutive weeks in a newspaper of general circulation within the city. The second notice shall be published not less than 30 days prior to action by the planning department. The city shall also cause notice of the application to be mailed to each property owner of record within 300 feet of the proposed development. The date of the mailing shall not be less than seven days in advance of the department action. (Ord. 2030 § 5, 1995; Ord. 1123 § 3, 1980; Ord. 1100 § 2, 1980; Ord. 789 § 7, 1973).

18.16.110 Decision.

In the event the planning director determines the substantial development is consistent with the above criteria, the planning director shall so state in written findings, and such shall be filed with the Department of Ecology. In the event the planning director determines the substantial development is inconsistent with the above criteria the application shall be denied. Decisions of the planning director may be appealed on written filing of an appeal by an aggrieved party. Appeals of administrative decisions by the planning director shall be heard by the hearing examiner in accordance with the manner prescribed in MMC 19.44.060(2) and Chapter 2.70 MMC. The hearing examiner’s decision shall be reviewed by the city council pursuant to MMC 2.70.130. (Ord. 2030 § 6, 1995; Ord. 789 § 8, 1973).

18.16.120 Subsequent hearing – Publication of notice.

Repealed by Ord. 2030. (Ord. 789 § 9, 1973).

18.16.130 Permit – Issuance.

In the event, however, no appeal is filed following the filing of the findings of the planning director, no public hearing is set, then the permit shall issue upon the terms and conditions hereinafter prescribed and as prescribed by the planning director. (Ord. 2030 § 8, 1995; Ord. 789 § 10, 1973).

18.16.140 Signing of permit.

The mayor and the city clerk shall sign the permit, and upon such the same shall be deemed issued. (Ord. 789 § 11, 1973).

18.16.150 Commencement of construction – Time lapse.

No one who is issued a permit hereunder shall be authorized to commence construction until 30 days have elapsed from the date that the permit is filed with the Washington State Department of Ecology, or until all review proceedings are terminated if such proceedings were initiated within said 30-day period. (Ord. 1123 § 4, 1980; Ord. 789 § 12, 1973).

18.16.155 Time requirements of permit.

The following time requirements shall apply to all substantial development, conditional use and variance permits:

(1) Construction or substantial progress toward construction of a project for which a permit has been granted must be undertaken within two years after the approval of the permit. Substantial progress toward construction shall include, but not be limited to, the letting of bids, making of contracts, purchase of materials involved in development, but shall not include development or uses which are inconsistent with the Shoreline Management Act or the city’s master program. In determining the running of the two-year period hereof, there shall not be included the time during which a development was not actually pursued by construction and the pendency of litigation reasonably related thereto made it reasonable not to so pursue; provided, that the city council may, in its discretion, extend the two-year time period for a reasonable time based on factors, including the inability to expeditiously obtain other governmental permits which are required prior to the commencement of construction.

(2) If a project for which a permit has been granted has not been completed within five years after the approval of the permit by the city, the city hearing examiner shall review the permit and, upon a showing of good cause, do either of the following:

(a) Extend the permit for one year; or

(b) Terminate the permit.

Provided, that the running of the five-year period shall not include the time during which a development was not actually pursued by construction and the pendency of litigation reasonably related thereto made it reasonable not to so pursue; provided further, that nothing herein shall preclude the city from issuing permits with a fixed termination date less than five years. (Ord. 2030 § 9, 1995; Ord. 1197 § 1, 1981).

18.16.160 Scope of chapter.

Nothing in this chapter shall authorize the issuance of a permit upon conditions or terms which are specifically contrary to the laws of the state of Washington. (Ord. 789 § 13, 1973).

18.16.170 Burden of proof.

All applicants for permits shall have the burden of proving that a proposed development is consistent with the criteria which must be met before the permit is issued. (Ord. 789 § 14, 1973).

18.16.180 Permit rescinded.

Any permit issued hereunder may be rescinded by the city council upon a finding that a permittee has not complied with the conditions of a permit, subject however to a hearing as hereinafter provided. (Ord. 789 § 15, 1973).

18.16.190 Rescission – Hearing.

Before such permit is rescinded by the council, the council shall set a date for a public hearing to determine whether the permittee has not complied with the conditions of the permit. This hearing will be held at such time as deemed appropriate by the council, and upon notice to the permittee by mailing such to permittee’s address as shown on the application, by posting one notice at the development, and by notice in a newspaper of general circulation within the city at least 10 days prior to the hearing. (Ord. 789 § 16, 1973).

18.16.200 Mayor’s authority.

The mayor shall have the authority to immediately stop any work under a permit which the mayor believes, in good faith, is not in compliance with the permit and is likely to cause immediate and irreparable harm. Upon such a stop order being issued, the permittee shall immediately cease and desist such portion of the development which is ordered stopped by the mayor, but may continue working on the other portions of the development. As soon as it is practical thereafter, a hearing will be held before the council of the city to determine whether the conditions of the permit were being violated, and if so, whether to cancel the permit or determine what other action should be taken. Notice of hearing shall be in the form and manner prescribed hereinabove as to a hearing on cancellation of a permit. (Ord. 789 § 17, 1973).

18.16.210 Conditional shoreline development permits – Generally.

Repealed by Ord. 2668. (Ord. 2030 § 10, 1995; Ord. 859 § 5, 1975).

18.16.220 Conditional shoreline development permits – Criteria.

Repealed by Ord. 2668. (Ord. 1197 § 3, 1981; Ord. 859 § 6, 1975).

18.16.230 Imposition of conditions.

Repealed by Ord. 2668. (Ord. 2030 § 11, 1995; Ord. 859 § 7, 1975).

18.16.235 Subsequent hearing – Publication of notice.

At the city council meeting following the filing of such findings by the hearing examiner, the city council, on its own initiative or on request of an aggrieved party, whether the applicant or any other individual, may set another hearing date by giving notice in the newspaper and by mail in the manner prescribed for the hearing examiner, and at such public hearing determine on the merits whether the development is consistent with the criteria referenced in MMC 18.16.210. If at such hearing the majority of the council determines that such development satisfies the criteria, then a permit shall issue upon the terms and conditions hereinafter prescribed and prescribed by the council. (Ord. 2030 § 12, 1995).

18.16.240 Compliance with conditions.

Repealed by Ord. 2668. (Ord. 2030 § 13, 1995; Ord. 859 § 8, 1975).

18.16.250 Variances – Generally.

Repealed by Ord. 2668. (Ord. 2030 § 14, 1995; Ord. 1123 § 5, 1980; Ord. 859 § 9, 1975).

18.16.260 Variances – Criteria.

Repealed by Ord. 2668. (Ord. 1197 § 4, 1981; Ord. 859 § 10, 1975).

18.16.265 Revisions to permit.

When an applicant seeks to revise a substantial development, conditional use or variance permit, the city planning department shall request from the applicant detailed plans and text describing the proposed changes in the permit. If the planning staff determines that the proposed changes are within the scope and intent of the original permit, the revision shall be automatically approved. “Within the scope and intent of the original permit” means the following:

(1) No additional over-water construction will be involved;

(2) Lot coverage and height may be increased a maximum of 10 percent from provisions of the original permit; provided, that revisions involving new structures not shown on the original site plan shall require a new permit;

(3) Landscaping may be added to a project without necessitating an application for a new permit:

(4) The use authorized pursuant to the original permit is not changed;

(5) No additional significant adverse environmental impact will be caused by the project revision.

If the revision, or the sum of the revision and any previously approved revisions, will violate the criteria specified above, the city shall require the applicant to apply for a new substantial development, conditional use or variance permit, as appropriate, in the manner provided for herein. (Ord. 1197 § 2, 1981).

18.16.270 Nonconforming uses.

Repealed by Ord. 2668. (Ord. 859 § 11, 1975).

18.16.275 Streamside protection zone.

(1) Establishment of Zone – Purpose. A streamside protection zone is established along both sides of all of the following streams, or segments thereof, within the city of Marysville: Washington State Department of Fisheries stream numbers 0044 (Quilceda Creek), 0068 (Allen Creek), 0068A, 0073 (Munson Creek), 0073A, 0074 (two tributaries), Ebey Slough.

The purpose of this zone is to provide a buffer area where natural vegetation will be preserved and development will be prohibited, thereby protecting the streams from unnatural modification or intrusion, erosion, siltation and pollution and promoting and preserving natural life cycles of fish and game in and around the streams. Furthermore, this zone will preserve access to the streams for the limited purpose of maintaining the natural characteristics of the streams by approved techniques, and for other limited purposes which will have no adverse environmental impact upon the streams. This zone shall be implemented as an overlay of municipal control and regulation which is applicable in all land use categories and environmental classifications.

(2) Definition of Zone. A streamside protection zone shall extend 25 feet upland from that point in the natural contour where the topography breaks for the streambeds near as may be determined. As a guide in interpreting the definition of this zone, all parties may refer to figure 4 found on page 79 of the 1981 Marysville Area Draft Comprehensive Plan, as prepared by Snohomish County. In any cases where a break in the natural contour lines cannot be determined, the streamside protection zone shall be measured from the ordinary high water mark, which is defined as follows: That mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition existed on June 1, 1971, or as it may naturally change thereafter; provided, that in any area where the ordinary high water mark cannot be found pursuant to this definition, it shall be the line of mean high water.

(3) Restrictions Within Zone. Within the streamside protection zone the following activities shall be prohibited:

(a) Construction of any structures, permanent or temporary, including fences;

(b) Construction of any on-site sewage disposal system, or other underground facilities except as provided in subsection (4) of this section;

(d) Grazing or keeping livestock;

(e) Storage, parking, dumping or disposing of any materials, natural or unnatural, including motor vehicles, refuse, garbage, cuttings from trees, lawns and gardens, and animal wastes;

(f) Landscaping, or cutting, removing, trimming or otherwise modifying any natural vegetation which serves the function of providing shade and protection for the streamside or is a source of food or habitat for fish or game;

(g) Relocation of the natural course of the stream, or modification of the flow characteristics thereof.

(4) Developments Allowed Within Zone. Notwithstanding the above, the following developments, land uses and activities are permitted within the streamside protection zone provided that a shoreline development permit, if applicable, is first obtained from the city:

(a) Public and private utility lines and appurtenances, including underground storm drainage facilities;

(b) Public and private roads, bridges and appurtenances;

(d) Activities and improvements which are necessary to maintain the natural characteristics of a stream;

(e) Unimproved trails for recreational purposes and other passive recreational uses;

(f) Public parks and recreational developments.

(5) Rehabilitation Required. The city shall require rehabilitation and replanting of natural protective vegetation within the streamside protection zone on all properties which become subject to the city’s regulatory jurisdiction in connection with applications for any of the following:

(a) Subdivision;

(b) Binding site plan;

(d) Planned residential development;

(e) Mobile home park;

(f) Building permit;

(g) Conditional use permit;

(h) Shoreline development permit.

(6) Variances. The city council shall have the authority to grant a variance from the restrictions contained in subsection (3) of this section pursuant to the procedures, filing fees and criteria specified in MMC 18.16.250 and 18.16.260 (omitting any references to the Department of Ecology). If a variance application is merged with a pending shoreline development permit application, the applicant shall pay the city a single fee of $1,000. No variance shall be granted which is inconsistent with the policies of the Shoreline Management Act of the state of Washington and the master program of the city of Marysville.

(7) Nonconforming Uses. Any uses, developments or activities existing within the streamside protection zone on the date the zone becomes applicable to the subject property, and which were in full compliance with all codes and regulations of the city or other applicable jurisdiction at the time, shall be regarded as nonconforming uses. The uses, developments and activities may be continued for a period of two years thereafter if properly repaired, maintained and actively utilized. At the end of said period, they shall be removed, at the owner’s cost, and the streamside protection zone shall be brought into conformity with this section; provided, that grazing or keeping livestock, landscaping, and permanent structures (excluding fences), which constitute nonconforming uses may continue beyond the two-year period in accordance with the terms and provisions of Chapter 19.40 MMC. No nonconforming use, development or activity within a streamside protection zone shall be replaced, expanded or intensified in any manner whatsoever.

(8) Exemption. All commercial and industrial uses, developments and activities which abut Ebey Slough and which exist within the streamside protection zone on the effective date of said zone, shall be exempt from the restrictions of the zone until one of the following occurs:

(a) The use, development or activity is terminated, discontinued or abandoned for a period of at least 12 consecutive months; or

(b) The improvements are destroyed or demolished to an extent where restoration costs would exceed 75 percent of the assessed value; or

(c) The use of the property is changed to a new occupancy classification under the Uniform Building Code. (Ord. 2030 § 15, 1995; Ord. 1350, 1984).

18.16.280 Violation – Penalty.

In addition to incurring civil liability, any person found to have willfully engaged in activities on the shorelines within the city in violation of the provisions of this chapter or any of the master programs, rules or regulations adopted pursuant thereto, shall be guilty of a misdemeanor, and shall be punished by fine not to exceed $300.00, or by imprisonment not to exceed 60 days, or by both such fine and imprisonment. (Ord. 789 § 19, 1973).