The purposes of this section are to allow for consistent evaluation of land use applications and to protect nearby properties from the possible effects of such requests by:
(1) 
Providing clear criteria on which to base a decision;
(2) 
Recognizing the effects of unique circumstances upon the development potential of a property;
(3) 
Avoiding the granting of special privileges;
(4) 
Avoiding development which may be unnecessarily detrimental to neighboring properties;
(5) 
Requiring that the design, scope and intensity of development are in keeping with the physical aspects of a site and adopted land use policies for the area; and
(6) 
Providing criteria which emphasize protection of the general character of neighborhoods.
(Formerly 22G.010.380; Ord. 2852 § 10 (Exh. A), 2011; Ord. 2981 § 19, 2015)
A temporary use permit shall be granted by the city only if the applicant demonstrates that:
(1) 
The proposed temporary use will not be materially detrimental to the public welfare;
(2) 
The proposed temporary use is compatible with existing land use in the immediate vicinity in terms of noise and hours of operation;
(3) 
Adequate public off-street parking and traffic control for the exclusive use of the proposed temporary use can be provided in a safe manner; and
(4) 
The proposed temporary use is not otherwise permitted in the zone in which it is proposed.
(Formerly 22G.010.390; Ord. 2852 § 10 (Exh. A), 2011; Ord. 2981 § 20, 2015)
(1) 
A variance shall be granted by the city only if the applicant demonstrates all of the following:
(a) 
The strict enforcement of the provisions of this title creates an unnecessary hardship to the property owner;
(b) 
The variance is necessary because of the unique size, shape, topography, or location of the subject property;
(c) 
The subject property is deprived, by provisions of this title, of rights and privileges enjoyed by other properties in the vicinity and under an identical zone;
(d) 
The need for the variance is not the result of deliberate actions of the applicant or property owner;
(e) 
The variance does not create health and safety hazards;
(f) 
The variance does not allow establishment of a use that is not otherwise permitted in the zone in which the proposal is located;
(g) 
The variance does not allow the creation of lots or densities that exceed the base residential density for the zone;
(h) 
The variance is the minimum necessary to grant relief to the applicant;
(i) 
The variance from setback or height requirements does not infringe upon or interfere with easements; and
(2) 
In granting any variance, the city may prescribe appropriate conditions and safeguards that will ensure that the purpose and intent of this title shall not be violated. Violation of such conditions and safeguards when made part of the terms under which the variance is granted is a violation of this title and punishable under MMC Title 4.
(Formerly 22G.010.400; Ord. 2852 § 10 (Exh. A), 2011; Ord. 2981 § 21, 2015)
A conditional use permit shall be granted by the city only if the applicant demonstrates that:
(1) 
The conditional use is designed in a manner which is compatible with the character and appearance of the existing or proposed development in the vicinity of the subject property;
(2) 
The location, size and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties;
(3) 
The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property, and will be in harmony with the area in which it is to be located and in general conformity with the comprehensive plan of development of Marysville and its environs;
(4) 
Requested modifications to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards of this title;
(5) 
The conditional use will not endanger the public health or safety if located where proposed and developed, and the use will not allow conditions which will tend to generate nuisance conditions such as noise, dust, glare, or vibration;
(6) 
The conditional use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood;
(7) 
The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities;
(8) 
The use meets all required conditions and specifications set forth in the zone where it proposes to locate;
(9) 
The use will not be injurious or detrimental to adjoining or abutting property, or that the use is a public necessity;
(10) 
In addition, the city may impose specific conditions precedent to establishing the use and conditions may include:
(a) 
Increasing requirements in the standards, criteria or policies established by this title;
(b) 
Stipulating the exact location as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic;
(c) 
Requiring structural features or equipment essential to serve the same purposes as set forth in subsection (10)(b) of this section;
(d) 
Imposing conditions similar to those set forth in subsections (10)(b) and (c) of this section, as deemed necessary to establish parity with uses permitted in the same zone in their freedom from nuisance-generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, and physical hazards; and
(11) 
A conditional use permit to site a secure community transition facility must comply with the following additional criteria:
(a) 
Before issuance of a conditional use permit, the applicant shall have complied with all applicable requirements for the siting of an essential public facility;
(b) 
The siting of a secure community transition facility must comply with all provisions of state law, including requirements for public safety, staffing, security, and training, and those standards must be maintained during the duration of the use;
(c) 
A secure community transition facility should be located on property of sufficient size and frontage to allow the residents an opportunity for secure on-site recreational activities typically associated with daily needs and residential routines;
(d) 
If state funds are available, the Department of Social and Health Services should enter into a mitigation agreement with the city of Marysville for training and the costs of that training with local law enforcement and administrative staff, and local government staff, including training in coordination, emergency procedures, program and facility information, legal requirements, and resident profiles;
(e) 
The applicant must show that the property meets all above requirements and, further, if more than one site is being considered, preference must be given to the site furthest removed from risk potential activities or facilities.
(Formerly 22G.010.410; Ord. 2852 § 10 (Exh. A), 2011; Ord. 2981 § 22, 2015)
(1) 
A zone reclassification shall be granted only if the applicant demonstrates that the proposal is consistent with the comprehensive plan and applicable functional plans and complies with the following criteria:
(a) 
There is a demonstrated need for additional zoning as the type proposed;
(b) 
The zone reclassification is consistent and compatible with uses and zoning of the surrounding properties;
(c) 
There have been significant changes in the circumstances of the property to be rezoned or surrounding properties to warrant a change in classification;
(d) 
The property is practically and physically suited for the uses allowed in the proposed zone reclassification.
(2) 
Property at the edges of land use districts can make application to rezone property to the bordering zone without applying for a comprehensive plan map amendment if the proponent can demonstrate:
(a) 
The proposed land use district will provide a more effective transition point and edge for the proposed land use district than strict application of the comprehensive plan map would provide due to neighboring land uses, topography, access, parcel lines or other property characteristics;
(b) 
The proposed land use district supports and implements the goals, objectives, policies and text of the comprehensive plan more effectively than strict application of the comprehensive plan map; and
(c) 
The proposed land use change will not affect an area greater than 10 acres, exclusive of critical areas.
(Formerly 22G.010.420; Ord. 2852 § 10 (Exh. A), 2011; Ord. 2898 § 17, 2012; Ord. 2981 § 23, 2015)
(1) 
General Procedures. A rezone requires a two-step approval process:
(a) 
The preliminary plan and rezone application are considered together through the normal rezone process; and
(b) 
A final plan is reviewed administratively after the rezone has been approved. No development permits shall be issued until a final plan has been approved by the city.
(2) 
Alternative Procedure – Concurrent Rezone, and Preliminary Subdivision/Binding Site Plan. Concurrent applications for rezone and preliminary subdivision/binding site plan may be made; provided, that all items required for the entirety of the rezone site are submitted at the time application is made. The rezone application and preliminary subdivision/binding site plan shall be processed as a master permit application.
(3) 
City-Initiated Rezone – Alternative Procedure. When recommended by the city comprehensive plan, the city may initiate rezoning as part of the comprehensive plan implementation process. When this alternative is exercised, the provisions of subsections (1) and (2) of this section shall be waived. Prior to development of the site, the developer shall submit a final development plan and fees as required by city codes to the community development department for review and approval.
(Formerly 22G.010.430; Ord. 2852 § 10 (Exh. A), 2011; Ord. 2981 § 24, 2015)
A home occupation permit shall be granted by the city only if the applicant demonstrates that the home occupation will be conducted in compliance with the provisions of Chapter 22C.190 MMC.
(Formerly 22G.010.440; Ord. 2852 § 10 (Exh. A), 2011; Ord. 2981 § 25, 2015)
The hearing examiner shall retain continuing jurisdiction over all variances and conditional use permits. Upon a petition being filed by any person with a substantial and direct interest in a variance or conditional use permit, or by any public official, alleging that a condition has been violated or that modifications to the variance or conditional use permit are necessary, the hearing examiner may call a public hearing for the purpose of reviewing that variance or conditional use permit. Notice of the public hearing shall be as provided in accordance with MMC § 22G.010.110. Immediately upon a petition for review being accepted by the hearing examiner, the community development director may, for good cause shown, issue a stop work order to temporarily stay the force and effect of all or any part of the variance or conditional use permit in question until such time as the review is finally adjudicated. Following a hearing, the hearing examiner may reaffirm, modify or rescind all or any part of the variance or conditional use permit being reviewed. Appeal of the hearing examiner decision shall be to the superior court pursuant to MMC § 22G.010.560.
(Formerly 22G.010.450; Ord. 2852 § 10 (Exh. A), 2011; Ord. 2981 § 26, 2015)
The decision of the city granting a permit or a variance shall be canceled and automatically become null and void if the owner of the subject property has not obtained a building permit and/or occupancy permit in compliance with the decision within two years from the date of the decision.
(Formerly 22G.010.460; Ord. 2852 § 10 (Exh. A), 2011; Ord. 2981 § 27, 2015)
A variance or conditional use permit runs with the land. Compliance with the conditions of any such variance or permit is the responsibility of the current owner of the property, whether that be the applicant or a successor.
(Formerly 22G.010.470; Ord. 2852 § 10 (Exh. A), 2011; Ord. 2981 § 28, 2015)