Marysville City Council is moving forward to approve changes to the city’s zoning code.
At Monday’s meeting, council heard a first reading of legislation that would amend the city’s zoning code.
Zoning Administrator Ron Todd told council that as part of the city’s comprehensive plan, officials wanted to update the code to bring it into line with the comprehensive plan and to modernize it.
“The process we went through to update our zoning code is a lengthy, complex and sometimes difficult process,” Emery said.
He credited “the persistence” of Todd and City Planner Ashley Gaver.
Council member Alan Seymour said that once the code is approved, the city will be “better prepared for the future than before.”
“This is another tool in the tool box,” Seymour said. “Over the last three years, we have completed the comprehensive plan, the Uptown Improvement Plan, the Parks Review and now this zoning program,” Seymour said. “It pretty much completes the tool box to where we are now, as modern as we can get and the best information to make decisions with.”
Donnie Warner, with Calfee Zoning, stressed the importance of getting the zoning code right. Calfee Zoning is the consulting firm hired to oversee the process.
“The zoning code is where the rubber meets the road,” Warner said. “It is where the vision and the regulations meet and from there, that’s where we really bring these ideas to fruition.”
He said the ultimate goal of the zoning code was to bring the code into line with the city’s comprehensive land use plan.
“There is a lot of consistency across the two and that’s exactly the way it should be,” Warner said. “You had your plan. You said ‘This is the way development is going to look in the city for years to come.’ And then we need to actually map that in our zoning code and so these two maps really do reflect each other in terms of the economic development priorities of the city and the land use priorities of the city for years to come.”
As an example, Warner said that the new code offers a “density bonus program” for higher density development consistent with the comprehensive plan.
Additionally, he said the new code has updated design guidelines and standards and updated definitions.
Warner said the new code moves from 22 zones to 17 districts.
“You had a lot of districts that were doing the same thing,” Warner said.
He cited five residential zones consolidated to three zones as well a proposed new Regional Mixed-Use District (RMU). He said The Regional Mixed-Use District is intended to regulate development at and around the intersection of U.S. 33 and state Route 36. Under the old code, the RMU included Traffic Oriented Commercial (TOC), Special District One (SD1), Service Business District (B-1), Heavy Manufacturing District (M-2) and High Density Multi-Family District (R-5).
Warner said the zoning code needed to be more user friendly.
“We have a saying that you should be able to sit on the couch and watch football on Sunday and figure out how to get a sign approved for your property. The code should be that user friendly and that intuitive.”
He said too many codes require hours of research “and still not really be sure what the outcome will be.”
He said there have been questions about non-conforming structures and non-conforming uses.
He said non-conforming uses may be continued after the adoption of the new zoning code, even if the property is sold.
Under the new code, non-conforming structures may be expanded with the approval of planning commission and may be reconstructed on the same footprint if they are damaged.
The non-conforming use may be resumed after damage or destruction to the structure that houses the non-conforming use and may be expanded or substituted with a different non-conforming use with planning commission approval.
“The only restriction is, you can’t discontinue that use for 12 months,” Warner said. “At that point, the not conforming use will be cut off. But otherwise, as long as you are continuing it and operating your business, it can carry forward.”
Council member Deborah Groat said she appreciates that the code protects existing business owners with non-conforming buildings or uses.
“What I like that we have done in that extra step, is the grandfather doesn’t just cover this owner, but as long as there is continual usage, we essentially aren’t pulling the rug out from under the next owner or the zoning currently,” Groat said.
She added, “that person, that business really isn’t then going to be hurt because of the way we have chosen to develop this new code.”
Council member Henk Berbee said he believes, “almost 95% will see an improvement with this type of change.”
“I am thinking of the 5%,” he said.
Berbee asked if there is anything that can be done to protect those who might be hurt.
Warner and Gaver said property owners that could be hurt have been notified. Additionally, there have been multiple public notices and meetings about the changes.
Warner said the city has “gone above” the requirements to make sure property owners have had a chance to be part of the process.
Council member Scott Brock said it would be important to make sure the document remains “agile.”
He said it needs to be able to change to meet opportunity.
Mayor J.R. Rausch said the code is “a living document.”
A second reading and public hearing will be held Nov. 25. On that schedule, the code would be approved at the Dec. 9 council meeting and become effective 30 days later.