Chapter 19.12 DEVELOPMENT STANDARDS – DENSITY AND DIMENSIONS

Chapter 19.12
DEVELOPMENT STANDARDS – DENSITY AND DIMENSIONS

Sections:

19.12.010 Purpose.

19.12.020 Interpretation of tables.

19.12.030 Residential zones.

19.12.035 Superseded.

19.12.040 Resource and commercial/industrial zones.

19.12.050 Measurement methods.

19.12.060 Calculations – Allowable dwelling units.

19.12.070 Calculations – Site area used for density calculations.

19.12.080 Lot area – Prohibited reduction.

19.12.090 Lot area – Minimum lot area for construction.

19.12.100 Setbacks – Specific building or use.

19.12.110 Setbacks – Modifications.

19.12.120 Setbacks – From regional utility corridors.

19.12.130 Setbacks – From private roads or access easements.

19.12.140 Setbacks – From alleys.

19.12.150 Setbacks – Adjoining half-street or designated arterial.

19.12.160 Setbacks – Projections allowed.

19.12.170 Height – Exceptions to limits.

19.12.180 Lot divided by zone boundary.

19.12.190 Sight distance requirements.

19.12.200 Nonresidential land uses in residential zones.

19.12.210 Repealed.

19.12.220 Building setbacks – Dwellings above ground floor of commercial uses.

19.12.230 Repealed.

19.12.010 Purpose.

The purpose of this chapter is to establish requirements for development relative to residential density and basic dimensional standards, as well as specific rules for general application. The standards and rules are established to provide flexibility in project design, provide solar access, and maintain privacy between adjacent uses. (Ord. 2131, 1997).

19.12.020 Interpretation of tables.

(1) MMC 19.12.030 and 19.12.040 contain general density and dimension standards for the various zones and limitations specific to a particular zone(s). Additional rules and exceptions, and methodology are set forth in MMC 19.12.050 through 19.12.210.

(2) The density and dimension tables are arranged in a matrix format on two separate tables and are delineated into two general land use categories:

(a) Residential; and

(b) Commercial/industrial.

(3) Development standards are listed down the left side of both tables, and the zones are listed at the top. The matrix cells contain the minimum dimensional requirements of the zone. The parenthetical numbers in the matrix identify specific requirements applicable either to a specific use or zone. A blank box indicates that there are no specific requirements. If more than one standard appears in a cell, each standard will be subject to any applicable parenthetical footnote following the standard. (Ord. 2131, 1997).

19.12.030 Residential zones.

(1) Densities and Dimensions.


	R-4.5	R-6.5	R-8	R-12 (13)	R-18 (13)	R-28 (13)	WR-R4-8 (16)(17)	WR-R6-18 (13)(16)(17)
Density: Dwelling unit/acre (6)	4.5 du/ac	6.5 du/ac	8 du/ac	12 du/ac	18 du/ac	28 du/ac	4.5 du/ac	6 du/ac (detached sf) 10 du/ac (attached multifamily)
Maximum density: Dwelling unit/acre (1)	–	–	–	18 du/ac	27 du/ac	36 du/ac	8 du/ac	18 du/ac
Minimum street setback (3) (15)	20 ft (8)	20 ft (8)	20 ft (8)	20 ft	25 ft	25 ft	20 ft (8)	20 ft
Minimum side yard setback (3)	5 ft (10)	5 ft (10)	5 ft (10)	10 ft (10, 11, 12)	10 ft (10, 11, 12)	10 ft (10)	5 ft (10, 11, 12)	10 ft (10, 11, 12)
Minimum rear yard setback (3)	20 ft	20 ft	20 ft	25 ft	25 ft	25 ft	20 ft	25 ft
Base height	30 ft	30 ft	30 ft	35 ft (4)	45 ft (4)	45 ft (4)	30 ft	35 ft (4)
Maximum building coverage: Percentage (5)	35%	35%	50%	50%	50%	50%	50%	40%
Maximum impervious surface: Percentage (5)	45%	45%	50%	70%	70%	75%	50%	70%
Minimum lot area	5,000 sq. ft	5,000 sq. ft	4,000 sq. ft (14)	–	–	–	5,000 sf	–
Minimum lot area for duplexes (2)	12,500 sq. ft	7,200 sq. ft	7,200 sq. ft	–	–	–	7,200 sf	–
Minimum lot width (3)	60 ft	50 ft	40 ft	70 ft	70 ft	70 ft	40 ft	70 ft
Minimum lot frontage on cul-de-sac, sharp curve, or panhandle (14)	20 ft	20 ft	20 ft	–	–	–	20 ft	–

(2) Development Conditions.

1. a. The maximum density for R-12, R-18 and R-28 multiple-family zones may be achieved only through the application of residential density incentive provisions outlined in Chapter 19.26 MMC.

b. The maximum net density for the single-family zones is the same as the base density; provided, that for PRD developments the maximum density may be increased by up to 20 percent only through the application of residential density incentive provisions outlined in Chapter 19.26 MMC.

c. The maximum density for Whiskey Ridge subarea plan zones may be achieved only through the application of residential density incentive provisions outlined in Chapter 19.26 MMC.

2. The minimum lot sizes for duplexes apply to lots or parcels which existed on or before the effective date of the ordinance codified in this chapter. All new duplex lots created through the subdivision or short subdivision process shall be a minimum of 7,200 square feet in size, must include a “duplex disclosure,” and comply with the density requirements of the comprehensive plan (six units per acre for the R-4.5 zone and eight units per acre for the R-6.5, R-8, and WR-R4-8 zones).

3. These standards may be modified under the provisions for zero lot line and townhome developments.

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

b. Multiple-family developments, located outside of Planning Area 1, abutting or adjacent to areas zoned as single-family, or areas identified in the comprehensive plan as single-family, may have no more floors than the adjacent single-family dwellings, when single-family is the predominant adjacent land use.

5. Applies to each individual lot. Building coverage and impervious surface area standards for:

a. Regional uses shall be established at the time of permit review; or

b. Nonresidential uses in residential zones shall comply with MMC 19.12.200.

6. a. The densities listed for the single-family zones and Whiskey Ridge zones WR-R4-8 and WR-R6-18 are maximum net densities.

b. Mobile home parks shall be allowed a maximum density of eight dwelling units per acre, unless located in the R-4.5 or R-6.5 zones, in which case they are limited to the density of the underlying zone.

7. The standards of the R-4.5 zone shall apply if a lot is less than 15,000 square feet in area.

8. On a case-by-case basis, the street setback may be reduced to 10 feet; provided, that at least 20 linear feet of driveway is provided between any garage, carport, or other fenced parking area and the street property line, or the lot takes access from an alley. The linear distance shall be measured in a straight line from the nearest point of the garage, carport or fenced area to the access point at the street property line. In the case of platted lots, no more than two consecutive lots may be reduced to 10 feet.

9. Residences shall have a setback of at least 50 feet from any property line if adjoining an agricultural zone either within or outside the city limits.

10. For townhomes or apartment developments, the setback shall be the greater of:

a. Twenty feet along any property line abutting R-4.5 through R-8, and WR-R4-8 zones; or

b. The average setback of the R-4.5 through R-8 zoned and platted single-family detached dwelling units from the common property line separating said dwelling units from the adjacent townhome or apartment development, provided the required setback applied to said development shall not exceed 60 feet. The setback shall be measured from said property line to the closest point of each single-family detached dwelling unit, excluding projections allowed per MMC 19.12.160 and accessory structures existing at the time the townhome or apartment development receives approval by the city.

11. Townhome setbacks are reduced to zero on an interior side yard setback where the units have a common wall for zero lot line developments.

12. Townhome setbacks are reduced to five feet on side yard setbacks provided the buildings meet a 10-foot separation between structures.

13. Single-family detached units on individual lots within the R-12 through R-28, and WR-R6-18 zones shall utilize the dimensional requirements of the R-8 zone, except the base density.

14. Provided that the front yard setback shall be established as the point at which the lot meets the minimum width requirements. On a case-by-case basis, the street setback may be reduced to the minimum of 20 feet; provided, that the portion of the structure closest to the street is part of the “living area,” to avoid having the garage become the predominant feature on the lot.

15. Subject to MMC 19.06.580(2).

16. Required landscaping setbacks for developments on the north side of Soper Hill Road are 25 feet from the edge of sidewalk.

17. Projects with split zoning (two or more distinct land use zones) may propose a master site plan to density average at the zone edge or modify the zone boundaries using topography, access, critical areas, or other site characteristics in order to provide a more effective transition between land uses and zones. Approval is at the discretion of the community development director. (Ord. 2728 § 2, 2007; Ord. 2696 § 5, 2007; Ord. 2413 §§ 1, 2, 3, 2002; Ord. 2298 §§ 13, 14, 1999; Ord. 2151 § 10, 1997; Ord. 2145 §§ 5, 6, 1997; Ord. 2131, 1997).

19.12.035 Whiskey Ridge subarea plan zones.

Superseded by Ord. 2728. (Ord. 2696 § 5, 2007).

19.12.040 Resource and commercial/industrial zones.

(1) Densities and Dimensions.


Standards	NB	CB	GC	DC	MU (15)	BP	LI	GI	REC	P/I	WR-MU (18)	WR-CB (18)
Base density: Dwelling unit/acre	(8)	12	12	12	28 (1)	–	–	–	–	–	12	–
Maximum density: Dwelling unit/acre	–	None (16)	None (16)	None	34 (2)	–	–	–	–	–	18 (16)	–
Minimum street setback (4)	20 ft.	None (10)	None (10)	None (10)	None (10, 11)	None (10)	None (10)	None (10)	20 ft.	None (10, 11)	None (10, 11, 17)	None (10, 17)
Minimum interior setback	10 ft. side, 20 ft. rear	None (6)	None (6)	None (6)	5 ft. (12)	–	None (6) 50 ft (7)	None (6) 50 ft (7)	None (6)	None (6)	5 ft. (12, 19, 20)	None (6)
Base height (9)	25 ft.	55 ft.	35 ft.	85 ft.	45 ft., 65 ft. (13)	45 ft.	65 ft.	65 ft.	35 ft.	45 ft.	45 ft.	55 ft.
Maximum impervious surface: Percentage	75%	85%	85%	85%	85%, 75% (14)	75%	85%	85%	35%	75%	85%, 75% (21)	85%

(2) Development Conditions.

1. These densities are allowed only through the application of mixed use development standards.

2. These densities may only be achieved in the downtown portion of Planning Area 1 through the application of residential density incentives. See Chapter 19.26 MMC.

3. (Reserved).

4. Gas station pump islands shall be placed no closer than 25 feet to street front lines. Pump island canopies shall be placed no closer than 15 feet to street front lines.

5. (Reserved).

6. A 25-foot setback is required on property lines adjoining residentially designated property.

7. A 50-foot setback only required on property lines adjoining residentially designated property for industrial uses established by conditional use permits, otherwise no specific interior setback requirement.

8. Residential units are permitted if located above a ground-level commercial use.

9. Height limits may be increased when portions of the structure building which exceed the base height limit provide one additional foot of street and interior setback beyond the required setback for each foot above the base height limit.

10. Subject to sight distance review at driveways and street intersections.

11. A 20-foot setback is required for multiple-family structures outside of the downtown portion of Planning Area 1.

12. A 15-foot setback is required for (a) commercial or multiple-family structures on property lines adjoining single-family residentially designated property, and (b) a rear yard of a multi-story residential structure otherwise no specific interior setback requirement. Interior setbacks may be reduced where features such as critical area(s) and buffer(s), public/private right-of-way or access easements, or other conditions provide a comparable setback or separation from adjoining uses.

13. The 65-foot base height applies only to the downtown portion of Planning Area 1. The 45-foot base height applies to the southeast sector of the downtown vision plan area, as incorporated into the city of Marysville comprehensive plan.

14. The 85 percent impervious surface percentage applies to commercial developments, and the 75 percent rate applies to multiple-family developments.

15. Reduced building setbacks and height requirements may be approved on a case-by-case basis to provide flexibility for innovative development plans; provided, that variance requests which are greater than 10 percent of the required setback shall be considered by the hearing examiner.

16. Subject to the application of the residential density incentive requirements of Chapter 19.26 MMC.

17. Required landscaping setbacks for developments on the north side of Soper Hill Road are 25 feet from the edge of sidewalk.

18. Projects with split zoning (two or more distinct land use zones) may propose a site plan to density average or adjust the zone boundaries using topography, access, critical areas, or other site characteristics in order to provide a more effective transition.

19. Townhome setbacks are reduced to zero on an interior side yard setback where the units have a common wall for zero lot line developments.

20. Townhome setbacks are reduced to five feet on side yard setbacks provided the buildings meet a 10-foot separation between structures.

21. Eighty-five percent impervious surface percentage applies to commercial development area, and the 75 percent coverage applies to multiple-family development area. (Ord. 2728 § 2, 2007; Ord. 2696 § 5, 2007; Ord. 2631 § 8, 2006; Ord. 2575 § 1, 2005; Ord. 2266 § 5, 1999; Ord. 2151 §§ 7, 8, 1997; Ord. 2131, 1997).

19.12.050 Measurement methods.

The following provisions shall be used to determine compliance with this title:

(1) Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround or in the case of a substandard street, the setbacks shall be measured from the edge of the ultimate right-of-way section planned for the street, except as provided by MMC 19.12.150;

(2) Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation, five-foot (or less) wide pedestrian walkways or surface water retention/detention facilities. (Ord. 2131, 1997).

19.12.060 Calculations – Allowable dwelling units.

Permitted number of dwelling units shall be determined as follows:

(1) The maximum allowed number of dwelling units shall be computed by multiplying the net project area (in acres) by the applicable residential density.

(2) When calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows:

(a) Fractions of 0.50 or above shall be rounded up, provided this will not exceed the base density by more than 10 percent; and

(b) Fractions below 0.50 shall be rounded down. (Ord. 2526 § 10, 2004; Ord. 2151 § 11, 1997).

19.12.070 Calculations – Site area used for density calculations.

(1) All areas of a commercial site may be used in the calculation of allowed residential density.

(2) Sensitive areas and their buffers may be used for calculation of allowed residential density whenever two or more residential lots or dwelling units are created subject to the on-site transfer provisions outlined in MMC 19.24.360.

(3) The net project area of a multiple-family or single-family site may be used in the calculation of allowed residential density. (Ord. 2131, 1997).

19.12.080 Lot area – Prohibited reduction.

Any portion of a lot that was required to calculate and ensure compliance with the standards and regulations of this title shall not be subsequently subdivided or segregated from such lot. (Ord. 2131, 1997).

19.12.090 Lot area – Minimum lot area for construction.

Except as provided for in Chapter 19.48 MMC:

(1) In the R zones, a single-family dwelling may be established on an existing vacant lot, which cannot satisfy the bulk or dimensional requirements of this chapter, provided the following criteria are met:

(a) The lot was established by conveyance of record prior to 1970 and its dimensions have not been modified since said conveyance; or the lot was created by an approved plat and satisfied the bulk and dimensional requirements applicable at the time of its creation; and

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

(c) Development of the lot will comply with all bulk and dimensional regulations in this chapter relating to setbacks, maximum lot coverage and off-street parking, as such regulations exist on the date of application for development permits.

(2) In the RU zone:

(a) Construction shall not be permitted on a lot containing less than 5,000 square feet; and

(b) Construction shall be limited to one dwelling unit and residential accessory uses for lots greater than 5,000 square feet, but less than 12,500 square feet. (Ord. 2526 § 11, 2004; Ord. 2131, 1997).

19.12.100 Setbacks – Specific building or use.

When a building or use is required to maintain a specific setback from a property line or other building, such setback shall apply only to the specified building or use. (Ord. 2131, 1997).

19.12.110 Setbacks – Modifications.

The following setback modifications are permitted:

(1) When the common property line of two lots is covered by a building(s), the setbacks required by this chapter shall not apply along the common property line; and

(2) When a lot is located between lots having nonconforming street setbacks, the required street setback for such lot may be the average of the two nonconforming setbacks or 60 percent of the required street setback, whichever results in the greater street setback.

(3) When a base station or WCF equipment is proposed for placement on private property abutting ROW, the setback may be administratively reduced, provided the application demonstrates good cause for such reduction and adequate area for screening and landscaping is provided. (Ord. 2625 § 4, 2006; Ord. 2131, 1997).

19.12.120 Setbacks – From regional utility corridors.

(1) In subdivisions and short subdivisions, areas used as regional utility corridors shall be contained in separate tracts.

(2) In other types of land development permits, easements shall be used to delineate such corridors.

(3) All buildings and structures shall maintain a minimum distance of five feet from property or easement lines delineating the boundary of regional utility corridors, except for utility structures necessary to the operation of the utility corridor. (Ord. 2131, 1997).

19.12.130 Setbacks – From private roads or access easements.

Lots adjacent to a private road or access easements, serving two or more lots, shall provide the required front yard setback for the underlying zone. (Ord. 2131, 1997).

19.12.140 Setbacks – From alleys.

(1) Structures may be built to five feet of the property line abutting an alley, except as provided in subsection (2) of this section.

(2) Vehicle access points from garages, carports or fenced parking areas shall be set back a minimum of 10 feet from the lot line abutting an alley, except where the access point faces an alley with a right-of-way width of 10 feet, in which case the garage carport, or fenced parking area shall not be located within 20 feet from the rear lot line. No portion of the garage or the door in motion may cross the property line. (Ord. 2464 § 1, 2003; Ord. 2298 § 15, 1999; Ord. 2131, 1997).

19.12.150 Setbacks – Adjoining half-street or designated arterial.

In addition to providing the standard street setback, a lot adjoining a half-street or designated arterial shall provide an additional width of street setback sufficient to accommodate construction of the planned half-street or arterial. (Ord. 2131, 1997).

19.12.160 Setbacks – Projections allowed.

Projections may extend into required setbacks as follows:

(1) Fireplace structures including eaves and factory-built garden or bay windows may project into any setback, provided such projections are:

(a) Limited to two per facade,

(b) Not wider than 10 feet, and

(2) Uncovered porches and decks, including stairs, which exceed 30 inches above the finished grade may project:

(a) Eighteen inches into side setbacks, and

(b) Five feet into the front or rear setback;

(3) Uncovered porches and decks not exceeding 30 inches above the finished grade may project to the property line;

(4) Eaves may not project more than:

(a) Twenty-four inches into a side setback,

(b) Thirty-four inches into a front or rear setback, or

19.12.170 Height – Exceptions to limits.

The following structures may be erected above the height limits of MMC 19.12.030 and 19.12.040:

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

(2) Fire or parapet walls, skylights, chimneys, smokestacks, church steeples, and utility line towers and poles. (Ord. 2145 § 13, 1997; Ord. 2131, 1997).

19.12.180 Lot divided by zone boundary.

When a lot is divided by a zone boundary, the following rules shall apply:

(1) When a lot contains both residential and nonresidential zoning, the zone boundary between the zones shall be considered a lot line for determining permitted building height and required setbacks on the site;

(2) When a lot contains residential zones of varying density, any residential density transfer within the lot shall only be allowed from the portion with the lesser residential density to that of the greater residential density; and

(3) Uses on each portion of the lot shall only be those permitted in each zone pursuant to Chapter 19.08 MMC. (Ord. 2131, 1997).

19.12.190 Sight distance requirements.

Except for traffic control signs, the following sight distance provisions shall apply to all intersections and site access points:

(1) A sight distance triangle area per city standards shall contain no fence, berm, vegetation, on-site vehicle parking area, signs or other physical obstruction between 30 inches and eight feet above the existing street grade;

Note: The area of a sight distance triangle between 30 inches and eight feet above the existing street grade shall remain open.

(2) The planning director or city engineer may require modification or removal of structures or landscaping located in required street setbacks, if:

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

(b) No reasonable driveway relocation alternative for an adjoining lot is feasible. (Ord. 2292 § 11, 1999).

19.12.200 Nonresidential land uses in residential zones.

Except for utility facilities and uses listed in MMC 19.08.100, all nonresidential uses located in the RU or R zones shall be subject to the following requirements:

(1) Building coverage shall not exceed:

(a) Twenty percent of the site in the RU zone.

(b) Fifty percent of the site in the R-4.5 through R-8 zones.

(2) Impervious surface coverage shall not exceed:

(a) Thirty-five percent of the site in the RU zone.

(b) Seventy percent of the site in the R-4.5 through R-8 zones.

(3) Buildings and structures, except fences and wire or mesh backstops, shall not be closer than 30 feet to any property line, except as provided in subsection (4).

(4) A single detached dwelling unit allowed as accessory to a church or school shall conform to the setback requirements of the zone.

(5) Parking areas are permitted within the required setback area from property lines, provided such parking areas are located outside of the required landscape area.

(6) Sites shall abut or be accessible from at least one public street functioning at a level consistent with city of Marysville street design standards. New high school sites shall abut or be accessible from a public street functioning as an arterial per the city of Marysville design standards.

(7) The base height shall conform to height limitation of the zone in which the use is located. (Ord. 2131, 1997).

19.12.210 Building setbacks – Multiple-family dwellings and townhouse buildings.

Repealed by Ord. 2728. (Ord. 2131, 1997).

19.12.220 Building setbacks – Dwellings above ground floor of commercial uses.

Dwelling units constructed above ground floor commercial uses shall not be required to comply with residential setback requirements; provided, that such dwelling units shall be constructed in compliance with commercial and residential standards of the fire code and the building code. (Ord. 2131, 1997).

19.12.230 Yard setbacks for accessory buildings.

Repealed by Ord. 2464. (Ord. 2131, 1997).