Chapter 18.08 — INTERPRETATION—ENFORCEMENT

This title shall be known and cited as the "Marysville zoning code." (Ord. 946 § 2 (part), 1981)

The plan is adopted to provide reasonable protective regulations designed to promote and protect the public health, safety, peace, morals, comfort, convenience and general welfare, and:

• (a) To protect the established character and the social and economic stability of agricultural, residential, commercial, industrial and other types of improved areas; and

(b) To assist in accomplishing a definite comprehensive plan for sound and orderly development. (Ord. 946 § 2 (part), 1981)

To the extent permitted by law, the zoning code is intended to apply to all private, public, quasipublic, institutional, and public utility properties and all other lands, buildings and structures within the incorporated area of the city.

(Ord. 946 § 2 (part), 1981)

All departments, officials and public employees of the city which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no such permit

or license for uses, buildings, and purposes where the same would be in conflict with the provisions of this title. (Ord. 946 § 2 (part), 1981)

It shall be the duty of the city services director, building inspector, and of the officers of the city herein and/or otherwise charged by law with the enforcement of ordinances of the city of Marysville to enforce this title and all provisions of the same. In enforcing this title, the public officials and employees vested with the authority to issue permits or licenses shall not approve business licenses or land uses for enterprises or purposes that are contrary to federal, state or local laws or ordinances. (Ord. 946 § 2 (part), 1981; Ord. 1299 § 4 (part), 2005; Ord. 1331 § 5, 2010; Ord. 1332 § 4, 2010; Ord. 1396 § 2, 2017)

• (a) Any person, firm or corporation whether as principal, agent, employee or otherwise, violating any of the provisions of this title is guilty of an infraction and punishable as such by citation for each offense, and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation.

• (b) Penalty for infraction shall be as follows:

  • (1) A fine not exceeding fifty dollars for a first violation;

  • (2) A fine not exceeding one hundred dollars for a second violation of the same ordinance within one year;

  • (3) A fine not exceeding two hundred fifty dollars for each additional violation of the same ordinance within one year (Section 36900 Government Code).

• (Ord. 946 § 2 (part), 1981)

Any building set up, erected, built, moved or maintained or any use of property contrary to the provisions of this title is hereby declared to be unlawful and a public nuisance and the city attorney shall within thirty days from date of notice, commence proceedings for the abatement, removal and enjoyment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or use and restrain and enjoin any persons, firm or corporation from setting up, erecting, building, moving or maintaining any building or using any property contrary to the provisions of this title. Where any conflicts occur between this section and Chapter 18.68 , the provisions of Chapter 18.68 will prevail.

(Ord. 946 § 2 (part), 1981)

All remedies provided for in this title shall be cumulative and not exclusive. (Ord. 946 § 2 (part), 1981)

The city planner shall interpret these regulations, subject to the appeal procedures of Section 18.08.120 . Written requests for interpretation will be responded to in writing and, if responded to in writing, shall become part of the permanent files of the city. (Ord. 1299 § 5, 2005)

• (a) Unless otherwise specified elsewhere in this title, any interested person may appeal to the planning commission any decision of the city planner regarding the enforcement of this title or the interpretation of any provisions of this title. Appeals shall be made in writing, noting grounds for the appeal, and shall be accompanied by a fee in an amount established by resolution, no part of which shall be returnable to the applicant, and addressed to the planning commission, within ten days of the date of the decision from which the appeal is being made. The appeal shall be considered at the next available regular meeting of the planning commission.

• (b) Unless otherwise specified elsewhere in this title, any interested person may appeal to the city council any decision of the planning commission regarding the enforcement of this title or the interpretation of any provisions of this title. Appeals shall be made in writing, noting grounds for the appeal and accompanied by a fee in an amount established by resolution, no part of which shall be returnable to the applicant, and addressed to the city council, within ten days of the date of the decision from which the appeal is being made. The appeal shall be considered at the next available regular meeting of the city council.

• (Ord. 1299 § 6, 2005)

The list of uses within each zone district is representative of the character of expected uses. The list is not intended to be a complete list of every possible use nor include every variation of a listed use. Where a proposed use is not specifically listed by a zone district as a permitted use or permitted with a zoning clearance or use permit, the planning director may determine the use is a permitted use, or the use is permitted if a zoning clearance or use permit is first secured, provided the following findings can be made:

• (a) The proposed use is similar in character and impact to a listed use; and

• (b) The proposed use will be treated in the same manner as the listed use that is considered similar, including requiring the same permits and application of the same development standards.

• (Ord. 1365 § 3, 2014)

This chapter is not intended to conflict with federal or state law. It is the intention of the city that this chapter be interpreted to be compatible with federal and state enactments and in furtherance of the public purposes that those enactments encompass. Notwithstanding any provision in this chapter or in this code that states otherwise, it shall not be the duty of city officials, employees or elected representatives to determine compliance with state or federal law. (Ord. 1396 § 1, 2017)