Division III. Site Development Regulations
Chapter 16.20
GENERAL REGULATIONS
Sections:
16.20.010 Conflict with other laws and other legal documents.
16.20.020 Permitted and prohibited uses.
16.20.030 Minimum requirements.
16.20.035 Compliance with FEMA bi-op provisions required for certain development applications.
16.20.040 Permits in conflict with these regulations.
16.20.045 New septic system reasonable use exception – Future sewer connection required.
16.20.047 New water well reasonable use exception – Future water connection required.
16.20.050 Construction begun prior to the adoption of the zoning code.
16.20.070 Erection of more than one principal structure on a lot.
16.20.080 Permitted building area.
16.20.090 Exceptions to height regulations.
16.20.100 Accessory uses and structures.
16.20.120 Buildings to be moved to new lots.
16.20.130 Building permits required.
16.20.140 Building conversions.
16.20.150 Design standards and specifications.
16.20.010 Conflict with other laws and other legal documents.
Where other laws, codes (not including the previously adopted zoning code), or private restrictive covenants in recorded deeds, or any other legally binding agreements impose greater requirements, regulations, or restrictions than those contained herein, those other laws, codes, or covenants shall control, regardless of whether such laws or documents have been passed or created prior to or subsequently to the effective date of this zoning code. (Ord. 1244-16 § 3 (Exh. A))
16.20.020 Permitted and prohibited uses.
A. Permitted Uses. No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any building or structure or land be used, designed, or arranged for any purpose other than is permitted in the zoning district in which the building or structure or land is located; provided, that such regulations shall not prohibit the continuance of an existing use in accordance with the provisions of Chapter 16.26 SMC.
B. Prohibited New Uses. To promote consistency with the Growth Management Act, the following activities are expressly prohibited as a new use in the city; provided, that this subsection (B) shall not prohibit the continuance of an existing use in accordance with the provisions of Chapter 16.26 SMC:
1. Agricultural uses, as defined in SMC 16.04.010(21);
2. Gun clubs, skeet shoots, and target ranges;
3. Quarrying or mining operations, or the removal and processing of sand, gravel, rock, peat, black soil and other natural deposits. (Ord. 1244-16 § 3 (Exh. A))
16.20.030 Minimum requirements.
The regulations set forth in this zoning code shall be considered to be minimum requirements for the purpose of promoting the general public health, safety and welfare of the people of the city of Sultan. (Ord. 1244-16 § 3 (Exh. A))
16.20.035 Compliance with FEMA bi-op provisions required for certain development applications.
In response to federal requirements expressed through the Federal Emergency Management Agency (FEMA) biological opinion (bi-op) as a federal condition of maintaining eligibility for community participation in the National Flood Insurance Program (NFIP), certain developments as described in this section must undertake appropriate environmental analysis and document compliance with the federal Endangered Species Act (ESA) as follows:
A. Development subject to FEMA bi-op provisions is as the term “development” is defined in the 2010 FEMA Region X “Floodplain Management and the Endangered Species Act, A Model Ordinance April, 2011,” Section 2, Definitions.
B. Properties in the areas listed below are required to address the standards of the FEMA bi-op. Terms are as defined in the FEMA Region X “Floodplain Management and the Endangered Species Act, A Model Ordinance April, 2011,” Section 2, Definitions.
1. Floodway;
2. Channel migration zone plus 50 feet;
3. Riparian habitat zone (riparian buffer zone);
4. Other portions of the 100-year floodplain determined to be in the protected area.
C. Development applications for development within the protected area shall be accompanied by studies, reports, findings, and conclusions by qualified professional specialists as appropriate and necessary to document that the proposed development in the FEMA designated floodway, the channel migration zone plus 50 feet (as identified according to Ecology 2003), and the riparian buffer zone (as described by the Department of Natural Resources 2007 stream typing system and the Washington Department of Fish and Wildlife’s 1997 stream buffer guidelines) does not adversely affect water quality, water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain refugia for listed salmonids. (As required by the Biological Opinion Reasonable and Prudent Alternative (RPA) Element 3 – Floodplain Management Criteria, Item A.2.)
D. Development applications for development within the FEMA designated 100-year floodplain but outside of the riparian buffer zone shall avoid, rectify, or compensate for any loss of floodplain storage. (As required by the Biological Opinion Reasonable and Prudent Alternative (RPA) Element 3 – Floodplain Management Criteria, Item A.3.b.)
E. Indirect adverse effects of development in the floodplain to stormwater, riparian vegetation, bank stability, channel migration, hyporheic zones, wetlands, etc., must be mitigated such that equivalent or better salmon habitat protection is provided. (As required by the Biological Opinion Reasonable and Prudent Alternative (RPA) Element 3 – Floodplain Management Criteria, Item A.3.b.)
F. Development applications for development within the FEMA designated 100-year floodplain as provided in subsection (D) of this section shall use low impact development methods (generally requiring infiltration of all on-site stormwater), such as those methods described in the Low Impact Development Technical Guidance Manual for Puget Sound (Puget Sound Action Team and WSU/Pierce County Extension 2002) to minimize or avoid stormwater effects. (As required by the Biological Opinion Reasonable and Prudent Alternative (RPA) Element 3 – Floodplain Management Criteria, Item A.3.b.)
G. Any improvements or repairs to existing structures that result in a greater than 10 percent increase of the structure footprint must mitigate for any adverse effects to endangered species or their habitat as described in subsections (D) and (E) of this section. (As required by the Biological Opinion Reasonable and Prudent Alternative (RPA) Element 3 – Floodplain Management Criteria, Item A.) (Ord. 1244-16 § 3 (Exh. A))
16.20.040 Permits in conflict with these regulations.
Permits for the construction of buildings, or for the use of land or buildings that have been issued permits within three years from the adoption of this zoning code, and that are in violation with the regulations of this code shall be declared void, unless evidence is shown to establish that substantial expenditures have been made (see definition of substantial expenditures). Investment in real property shall not be construed as an expenditure toward construction. Unless actual construction work, including grading and excavation, is underway within three years after the adoption of this code, and construction is completed within six years from the adoption of this code, such permit(s) shall become void. (Ord. 1244-16 § 3 (Exh. A))
16.20.045 New septic system reasonable use exception – Future sewer connection required.
A. The purpose of this section is to allow reasonable use of the property where sewer infrastructure is not yet in place, while ensuring connection to sewer as soon as practicable.
B. Where a property owner proposes to build one new single-family home on an existing lot zoned for single-family residences and existing city sewer main is more than 300 feet from the downstream boundary of the subject property, the property owner may apply for approval to construct and use an on-site sewage system, subject to approval by Snohomish County health district. Such request must be submitted to and approved by the community development director. If the downstream boundary of the property is within 300 feet of the existing city sewer main, extension of the city sewer main will be required as a condition of the development permit and the extension shall be completed, connected and approved prior to occupancy of the structure.
C. If denial of the request to build an on-site sewage system would deny all reasonable use of the property, development may be allowed which is consistent with the general intent of this title and the public interest; provided, that the director finds that:
1. This title would otherwise deny all reasonable use of the property;
2. The proposed on-site sewage system does not pose an unreasonable threat to the public health, safety or welfare on or off the property;
3. The property owner agrees to payment of:
a. The estimated cost for the collector sewer across the entire front of the property, as recommended by the city engineer;
b. The current sewer facilities charge; and
c. The estimated project cost for 100 feet of the sewer main or interceptor needed to reach the property, as recommended by the city engineer;
4. The property owner must also construct the necessary connection stub from the residence to allow future connection to the sewer line when sewer becomes available;
5. The residence must be connected to the sewer line within 90 days of notice that the connection can be made.
D. Any decision of the director regarding this reasonable use exception shall be final unless appealed. (Ord. 1347-21 § 11; Ord. 1244-16 § 3 (Exh. A))
16.20.047 New water well reasonable use exception – Future water connection required.
A. The purpose of this section is to allow reasonable use of the property where water infrastructure is not yet in place, while ensuring connection to the city water system as soon as practicable.
B. Where a property owner proposes to build one new single-family home on an existing lot zoned for single-family residences and existing city water main is more than 300 feet from the downstream boundary of the subject property, the property owner may apply for approval to an on-site well to serve the single residence, subject to approval by Snohomish County health district. Such request must be submitted to and approved by the community development director. If the downstream boundary of the property is within 300 feet of the existing city water main, extension of the city water main will be required as a condition of the development permit and the extension shall be completed, connected and approved prior to occupancy of the structure.
C. If denial of the request to build an on-site water system would deny all reasonable use of the property, development may be allowed which is consistent with the general intent of this title and the public interest; provided, that the director finds that:
1. This title would otherwise deny all reasonable use of the property;
2. The proposed on-site well does not pose an unreasonable threat to the public health, safety or welfare on or off the property;
3. The property owner agrees to payment of:
a. The estimated cost for the city water main system across the entire front of the property, as recommended by the city engineer;
b. The current water system facilities charge; and
c. The estimated project cost for 100 feet of the water main or interceptor needed to reach the property, as recommended by the city engineer;
4. The property owner must also construct the necessary connection stub from the residence to allow future connection to the water line when water becomes available;
5. The residence must be connected to the water main within 90 days of notice that the connection can be made.
D. Any decision of the director regarding this reasonable use exception shall be final unless appealed. (Ord. 1347-21 § 12; Ord. 1244-16 § 3 (Exh. A))
16.20.050 Construction begun prior to the adoption of the zoning code.
Nothing in this zoning code shall be deemed to require any change in plans, construction, or designated use of any building or structure upon which actual construction was lawfully begun prior to the adoption of this code and upon which actual construction has been diligently carried on; and provided further, that such building or structure shall be completed within three years from the date of passage of this code. (Ord. 1244-16 § 3 (Exh. A))
16.20.060 Substandard lots.
Any lot in a single ownership, whose ownership was of record at the time of the adoption of this zoning code, that does not meet the requirements for yards or other open space, may be utilized for single residence purposes; provided, the requirements for such yard, width, depth, or open space is within 75 percent of that required by the terms of this code. The purpose of this provision is to permit utilization of recorded lots that lack adequate width or depth, as long as reasonable living standards can be provided. (Ord. 1244-16 § 3 (Exh. A))
16.20.070 Erection of more than one principal structure on a lot.
More than one structure containing a permitted or permissible principal use may be erected on a single lot; provided, that yard, area, and other requirements of the zoning code shall be met for each structure as though it were on an individual lot or as may be otherwise specified in this code. (Ord. 1244-16 § 3 (Exh. A))
16.20.080 Permitted building area.
The principal buildings on any lot or parcel of land shall be erected within the area bounded by the building lines established by setback or yard requirements. Accessory buildings may be erected within any building area established for the principal building and in required yard areas as may be provided for in the zoning code. (Ord. 1244-16 § 3 (Exh. A))
16.20.090 Exceptions to height regulations.
The height limitations contained in the tables of dimensional and density requirements shall not apply to spires, belfries, cupolas, chimneys, elevator machine rooms, elevator shafts, antennas, water tanks, ventilators, roof mechanical penthouses solely for air handling equipment, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy; however, the heights of these structures or appurtenances thereto shall not exceed any height limits prescribed by airspace height zones. Additionally, the height requirements shall not apply to an elevator shaft as stated above; provided, that said elevator shaft does not occupy more than 20 percent of the roof of the building on which it is located. (Ord. 1244-16 § 3 (Exh. A))
16.20.100 Accessory uses and structures.
No accessory uses or structures shall be located in any required yard except as provided for below:
A. In zoning districts, accessory uses and structures shall not be located in required front yards, but may be located in required side or rear yards, not less than five feet from the side or rear lot line; provided, however, that accessory structures for the housing of persons, such as a garage apartment, shall not be located in any required front yard. Additionally, notwithstanding the minimum front yard setback requirement for single-family detached dwellings (including affordable) of 10 feet, any garage, whether attached or detached, shall have a minimum front yard setback requirement of 20 feet. It shall also be required that any off-street parking space or driveway be at least 20 feet in length.
B. On lots fronting on two or more streets or corner lots, accessory uses and structures shall not be located in any required yard abutting the street, but may be located not less than five feet from the lot lines of one, but not both required yards that abut upon an adjacent lot.
C. Apartments accessory to commercial uses shall be permitted subject to the following requirements:
1. The proposed residential space shall have a significant, physical connection to the commercial building that it is accessory to.
2. Any proposed apartment shall be required to connect to public water and sewer service. The city shall collect a general facility charge for the impact to public services from the applicant prior to occupancy of the apartment.
3. One apartment is permitted for each established business so long as the site does not exceed the maximum density set in Chapter 16.12 SMC.
4. To establish an accessory apartment, the building must be approved by the building official as a legal, permanent structure.
D. In all zoning districts, rooftop air conditioning and ventilating units shall be so screened as to not be visible from the immediate public right-of-way. This requirement shall not apply to single-family detached dwelling units. (Ord. 1304-19B § 3; Ord. 1244-16 § 3 (Exh. A))
16.20.110 Building grades.
Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building into an improved drainage system meeting city standards. (Ord. 1244-16 § 3 (Exh. A))
16.20.120 Buildings to be moved to new lots.
Any building that has been wholly or partially erected shall not be moved and/or placed upon any premises until a permit for such removal shall have been obtained from the building and zoning official. When moved onto new premises, such building shall conform to all the provisions of the zoning code. (Ord. 1244-16 § 3 (Exh. A))
16.20.130 Building permits required.
No building or other structure shall be erected, moved, added to or structurally altered without a permit therefor issued by the building and zoning official’s office. No building permit shall be issued except in conformity with the provisions of the zoning code, unless a written order in the form of a variance as provided by this code has been issued. (Ord. 1244-16 § 3 (Exh. A))
16.20.140 Building conversions.
No development permit shall be required if an existing building is converted from one use to another, so long as the proposed use is permitted in the zoning district in which the building is located and the site complies with parking and landscaping requirements for the new use. Additionally, no development permit shall be required if an existing building containing rental apartments is converted to condominiums (or vice-versa), so long as either the total number of dwelling units within the building does not increase, or if they do increase, they do not exceed the density limits permitted in the zoning district in which the building is located, and all off-street parking and landscaping requirements can be met. (Ord. 1244-16 § 3 (Exh. A))
16.20.150 Design standards and specifications.
A. The document entitled “City of Sultan Design Standards and Specifications” is hereby adopted by reference.
B. The design standards and specifications may be amended in accordance with sound engineering practices. A copy of such amendment shall be filed with the city council. Copies of the design standards and specifications and updates thereof may be secured from the city at fees fixed by the council.
C. All work performed under this zoning code shall conform to the design standards and specifications of the city and all other standard manuals used by the city in the administration of the code. The building official may recommend reasonable changes in the design standards for a seasonal parking facility. The hearing examiner in granting a conditional use permit for a seasonal parking facility may allow for a reasonable deviation in the design standards for a seasonal parking facility consistent with the criteria for allowing the conditional use.
D. Where not covered by the design standards and specifications, work and materials shall conform to current editions of the standard specifications for road and bridge construction, Washington State Department of Transportation and standard specifications for municipal construction, Washington State Chapter, APWA, where applicable.
E. Except where the design standards and specifications provide otherwise, signing and traffic control shall be in accordance with the current edition of the U.S. Department of Transportation Manual on Uniform Traffic Control Devices, as amended and approved by the Washington State Department of Transportation. (Ord. 1244-16 § 3 (Exh. A))