Chapter 18.10
RESIDENTIAL-PROTECTION DISTRICT (RP)
Sections:
18.10.070 Property development standards.
18.10.080 Performance standards.
18.10.010 Purpose.
The purpose of this district is to act as a buffer between lands in resource production or sensitive critical areas and higher density/ intensity uses, as well as function as an urban reserve designation for areas with the absence of full city services. The designation is applied to help ensure that previous land use patterns will not hinder future choices. (Ord. 1694 § 1, 1995)
18.10.020 Principal uses.
Permitted principal uses in the RP district are as follows:
A. Small group homes;
B. Agriculture, floriculture, horticulture, general farming, dairying, poultry raising, stock raising, and other agricultural land uses;
C. The cultivation, harvest and production of forest products or any forest crop, including, but not limited to, timber, ferns, moss, boughs, bark, berries, nuts, tree fruits, nursery stock and Christmas trees;
D. Keeping of horses, cattle, chickens, rabbits, sheep and other similar animals, not including swine, provided shelters are provided for animals at least 50 feet from the side lot of adjoining lots, 100 feet from any public street. Adjoining lot owners may locate the above described shelters on their common lot line, provided they each desire to provide a shelter to house one or more of the above described animals. A lot area shall be provided at the equivalent of one acre for each animal over 300 pounds in weight. This regulation shall not be construed to permit the keeping of animals in any place or manner which will endanger public health or safety;
E. Manufactured homes subject to the standards of SMC 18.10.080(J);
F. Minor utility facilities;
G. Parks and playgrounds;
H. Single-family dwellings;
I. Streets;
J. Wetland mitigation banks, and wildlife habitat mitigation and conservation projects;
K. Wireless communication facilities subject to the standards of chapter 18.37 SMC. (Ord. 2878 § 20, 2024; Ord. 2531 § 3, 2015: Ord. 2135 § 3 (part), 2005: Ord. 1830 § 13, 1998; Ord. 1830 § 13, 1998; Ord. 1739 § 15, 1996; Ord. 1694 § 1, 1995)
18.10.030 Accessory uses.
Permitted accessory uses in the RP district are as follows:
A. Accessory dwelling units subject to the criteria at SMC 18.12.030(A).
B. Accessory kennels to principal agricultural use;
C. Adult day-care home facilities which:
1. Meet Washington Association of Adult Day Centers adult day care guidelines;
2. Comply with all building, fire, safety, health code and business licensing requirements;
3. Conform to lot size, building size, setbacks, and lot requirements of this chapter except if the structure is a legal nonconforming structure;
4. Comply with the applicable provisions of the sign code of this title;
5. Make no structural or decorative alteration which will alter the single-family character of an existing or proposed residential structure which would make it incompatible with surrounding residences;
6. Have no more than six adults served by the home facility;
D. Detached buildings accessory to the permitted uses provided they shall not exceed one story in height with the exception of barns and silos; and provided, that any structure housing animals or fowl shall maintain a minimum setback of 50 feet from adjoining properties;
E. Family child care home or family child day-care home facilities which:
1. Meet Washington State child day care licensing requirements;
2. Comply with all building, fire, safety, health code and business licensing requirements;
3. Conform to lot size, building size, setbacks, and lot requirements of this chapter except if the structure is a legal nonconforming structure;
4. Comply with the applicable provisions of the sign code of this title;
5. Make no structural or decorative alteration which will alter the single-family character of an existing or proposed residential structure which would make it incompatible with surrounding residences;
F. Garage sales, yard sales, bake sales, temporary home boutique or bazaars for handcrafted items, parties for the display of domestic products, and other like uses shall not be in existence for more than six days in any calendar year, and shall not be in violation of any other chapter in this code, or city ordinance; and provided further, that any such garage sales and yard sales involve only the sale of household goods, none of which were purchased for the purpose of resale;
G. Guest house, not for rent or permanent occupancy;
H. Home occupations which meet the following criteria:
1. The resident operator shall obtain a business license, which shall be renewed annually;
2. The home occupation shall employ no more than one person in addition to those who are residents of the dwelling;
3. The home occupation shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, exhausts, or vibrations that carry beyond the premises;
4. The home occupation shall have no advertising, display, or other indications of a home occupation on the premises;
5. No storage or display of goods shall be visible from the outside of the structure;
6. No highly explosive or combustible material shall be used or stored on the premises. No activity shall be allowed that would interfere with radio or television transmission in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line;
7. A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located;
8. Merchandise shall not be offered for direct sale within the residence, accessory structure, or on-site;
9. No commercially licensed vehicles over 10,000 pounds gross weight capacity shall be utilized in the business. No more than one type of commercially licensed vehicle under 10,000 pounds gross weight capacity shall be utilized in the business on the premises;
I. Swimming pools;
J. Produce stand for the sale of fruit, vegetables, or other agricultural products raised on the property;
K. Wireless communication facilities subject to the standards of chapter 18.37 SMC. (Ord. 2830 § 1, 2022; Ord. 2788 § 22, 2021; Ord. 1830 § 14, 1998; Ord. 1739 §§ 5, 16, 1996; Ord. 1694 § 1, 1995)
18.10.040 Conditional uses.
The following uses are permitted on any parcel of land within the RP district subject to the issuance of a conditional use permit:
A. Adult day-care home facilities serving more than six adults, which meet the following criteria in addition to the criteria found in chapter 18.48 SMC:
1. Meet Washington Association of Adult Day Centers adult day care guidelines;
2. Comply with all building, fire, safety, health code and business licensing requirements;
3. Conform to lot size, building size, setbacks, and lot requirements of this chapter except if the structure is a legal nonconforming structure;
4. Comply with the applicable provisions of the sign code of this title;
5. Make no structural or decorative alteration which will alter the single-family character of an existing or proposed residential structure which would make it incompatible with surrounding residences, if day care will be provided in a residential structure;
B. Bed and breakfasts;
C. Wireless communication facilities subject to the standards of chapter 18.37 SMC;
D. Cemeteries;
E. Churches. Associated accessory structures of a church include, but are not limited to, assembly rooms, kitchen, library room or reading room, nurseries, recreation hall, adult day care, child day care, Sunday School rooms, private primary and secondary school facilities, and a one-family dwelling unit for use by church officials shall be addressed in the conditional use permit. In addition to meeting the criteria of chapter 18.48 SMC, new accessory one-family dwelling units shall be placed on-site with sufficient distance between structures and in a manner that would allow for future subdivisions that would result in separate lots for the dwelling and church;
F. Community clubs;
G. Golf courses;
H. Kennels as a principal use of property;
I. Major utility facilities;
J. Mass transit systems including, but not limited to, bus stations, train stations, transit shelter stations, and park and ride lots;
K. Mineral extraction uses (see performance standards per SMC 18.10.080(K));
L. Preschools, schools, colleges, universities;
M. Private recreational facilities;
N. Public facilities;
O. Residential structures for agricultural employees of the occupant of the main or principal structure. In addition to meeting the criteria of SMC 18.48.050, the number of units in residential structures for agricultural employees shall be limited to the maximum number of employees, and shall be designed to minimize impacts to neighboring properties in terms of bulk and height;
P. Riding stables;
Q. Retirement homes, assisted living facilities, continuing care communities, board and care homes, hospices, or nursing homes;
R. Tourist uses;
S. Utility yard;
T. Water towers and water supply plants;
U. Temporary homeless encampments in accordance with SMC 18.36.060;
V. Permanent supportive housing; and
W. Transitional housing. (Ord. 2794 § 6, 2021; Ord. 2737 § 4, 2020; Ord. 2615 § 4, 2017; Ord. 1830 § 15, 1998; Ord. 1803 § 2 (part), 1997; Ord. 1739 § 17, 1996; Ord. 1694 § 1, 1995)
18.10.050 Prohibited uses.
Any use or structure not listed under permitted principal, accessory or conditional uses is prohibited in the RP district unless authorized in chapters 18.36, 18.46 SMC, or an applied overlay district of this title. (Ord. 1739 § 18, 1996: Ord. 1694 § 1, 1995)
18.10.060 Special conditions.
Provisions must be made for disposal of manure and other organic waste in such a manner as to avoid pollution of ground water of any lake, river or stream, as well as provision for control of offensive odors according to best management practices. (Ord. 1694 § 1, 1995)
18.10.070 Property development standards.
The following property development standards apply in the RP district when the property is not combined with the cluster overlay:
A. Minimum lot area per building site: 20 acres or 871,200 square feet;
B. Maximum development density in dwelling units per gross acre: one per 20 acres;
C. Lot width in feet: 150;
D. Front yard setback in feet: 35;
E. Rear yard setback in feet: 40;
F. Interior side yard setback in feet: 10; livestock structures: 50 feet from all lot lines;
G. Street side yard setback in feet: 15;
H. Maximum building height in feet: 35; silos and barns: 50;
I. Maximum lot coverage: 25 percent;
J. Required off-street parking: two covered;
K. Minimum street frontage in feet: 60. (Ord. 1739 § 19, 1996; Ord. 1694 § 1, 1995)
18.10.080 Performance standards.
The following special performance standards shall apply to properties located in the RP district:
A. Exterior Mechanical Devices. Air conditioners, heating, cooling, ventilating equipment, swimming pool pumps and heaters and all other mechanical devices shall be screened from surrounding properties and streets and shall be so operated that they do not disturb the peace, quiet and comfort of the neighboring residents. Apparatus needed for the operation of solar energy systems need not be screened pursuant to this section.
B. Required Landscaping. Required front and street side yards shall be landscaped except for necessary walks, drives and fences.
C. Outdoor Storage of Vehicles. Required front and street side yards shall not be used for the storage of any motor vehicle or vehicle accessory such as camper shells, boats, trailers, motorbikes or other wheeled accessory or conveyance. Storage of such vehicles and vehicle accessories is permitted within the legal building site area and rear and interior side yards; provided, that such vehicles and accessories are screened from neighboring properties and public rights-of-way by a six- foot-high solid fence or landscaped screen. For purposes of this section “storage” means the keeping of such vehicles and accessories on any portion of any parcel of property for a period of 120 continuous hours.
D. Detached Accessory Building. Detached accessory buildings are permitted not closer than three feet to rear or interior side property lines if located in the rear 33 percent of the lot, or in back of the front 75 feet of the lot.
E. Yard Projections. Every required front, rear and side yard shall be open and unobstructed from the ground to the sky unless otherwise provided:
1. Fences and walls as specified and limited under this section may project into front, rear and side yards.
2. Cornices, sills, eave projections, and awnings without enclosing walls or screening may project into a required yard by not more than 30 inches; provided, that the width of any required interior side yard is not reduced to less than two feet, six inches and any yard abutting a street is not reduced to less than five feet.
3. Open, unenclosed, unroofed decks, providing, however, that said decks are constructed at grade elevations, or in no event, exceed 30 inches above grade and not over any basement or story below.
4. Bay windows, and garden windows, which do not require a foundation, may project into a required front, rear or street side yard by not more than 30 inches; provided, that any yard abutting a street is not reduced to less than five feet.
5. Additions of accessory structures in a required front or rear yard, such as stairs, balconies, covered or uncovered porches, which have no more than 120 square feet; provided lot coverage is not exceeded.
F. Residential Antennae. Residential antennae, including satellite dish antennae less than or equal to three feet in diameter, shall not be located between the front or street side property lines and a building, and shall be limited to a height of 10 feet in excess of the maximum height required for each zone. Antennae shall be set up so that in case an antenna falls it will fall within the confines of the owner’s property. Satellite dish antennae greater than three feet in diameter, and amateur radio towers and associated antennae are regulated below.
1. Satellite Dish Antennae, Ground-Mounted. Ground-mounted, satellite dish antennae are allowed as permitted accessory uses subject to the following requirements:
a. The antenna shall not be located between the front property line or street-side property line and a building; such antennae may be located in a rear or interior side yard.
b. The maximum diameter shall be 12 feet.
c. The maximum height shall be 15 feet in height above the existing grade to the highest point of the dish.
d. The minimum setback shall be no less than three feet to rear or side property lines as measured when the dish is in a horizontal position.
e. Satellite dish antennae shall be located to prevent obstruction of the antenna’s reception window from potential permitted development on adjoining properties.
f. Satellite dish antennae shall be constructed of transparent material such as wire mesh; and shall be finished in a dark color and a nonlight-reflective surface.
g. All installations shall include screening treatments located along the antenna’s nonreception window axes and low-level ornamental landscape treatments along the reception window axes of the antenna’s base. Such treatments should completely enclose the antenna and consist of no less than three landscape elements which provide year- round screening. Landscape plans shall be reviewed by the director.
h. Dish antennae shall be installed and maintained in compliance with the applicable requirements of the Uniform Building Code, as amended.
i. Only one dish antenna shall be permitted on any residential lot.
j. Dish antennae shall not be installed on a portable or movable device, such as a trailer.
k. The antenna shall be set up so that in case an antenna falls it will fall within the confines of the owner’s property.
2. Satellite Dish Antennae, Roof-Mounted. Roof-mounted satellite dish antennae which have a maximum of 12 feet in diameter may only be allowed upon approval of a variance application in accordance with chapter 18.50 SMC. In addition to the review criteria of SMC 18.50.030, the following criteria shall be met:
a. Demonstration by the applicant that compliance with subdivision 1 of this subsection would result in the obstruction of the antenna’s reception window, prohibiting a usable signal; furthermore, such obstruction involves factors beyond the control of the applicant.
3. Amateur radio towers and antennae for use by a noncommercial, licensed amateur operator shall be allowed if such facilities:
a. Are not located between the front or street-side property line and a building.
b. Are limited to a height of 10 feet in excess of the maximum height required for each zone.
c. Are installed with a reasonable effort to minimize visibility from adjacent properties while still permitting effective operation.
d. Are located and constructed in a manner that will prevent the installation from falling onto adjoining properties.
e. Do not interfere with nearby utility lines, etc.
f. Such installations which propose to exceed the maximum height restrictions, but which meet all of the above criteria (a through e), may only be allowed upon approval of a variance application in accordance with chapter 18.50 SMC.
G. Swimming Pools. For all swimming pools having a depth of more than 24 inches there shall be maintained a protective fence, wall or enclosure not less than five feet in height, with no opening greater than four inches wide and equipped with a self-closing gate surrounding said pool. This requirement shall also apply to other outdoor bodies of water having a depth greater than 24 inches, excluding natural lakes, streams, rivers, or drainage ditches.
H. Fences, Walls and Hedges. Fences and walls constructed shall not exceed a maximum height above the adjacent grade as set forth herein:
1. Fences, walls and hedges located within the required front yard or within a 15-foot setback from the street side property line shall not exceed a height of three feet where fences, walls and hedges would provide less than 50 percent visibility. Fences, walls, and hedges providing at least 50 percent visibility shall not exceed a height of four feet within the required front yard or within a 15-foot setback from the street side property line. Examples of fences that could meet the 50 percent visibility include spaced rail fences, spaced picket fences, and chain link fences.
2. Fences and walls located within the rear yard or interior side yard shall not exceed a total height of six feet.
3. Subject to sight distance requirements, on every lot where the adjoining lot is used for nonresidential purposes, then a fence of not to exceed six feet may be constructed along the side of the lot separating a residential lot from the lot being used for nonresidential purposes; provided, that when and if the adjoining lot is converted to a residential use, then the fence shall be altered to conform.
4. Fences utilized to enclose drainage detention ponds or other drainage facilities shall meet the above regulations, as well as any other applicable regulations of the Sumner Municipal Code.
I. Sight Distance Requirements. At all intersections there shall be a triangular yard area within which no tree, fence, shrub or other physical obstruction shall be permitted higher than three feet above the adjacent grade where fences, walls and hedges would provide less than 50 percent visibility. Fences, walls, and hedges providing at least 50 percent visibility shall not exceed a height of four feet. Examples of fences that could meet the 50 percent visibility include spaced rail fences, spaced picket fences, and chain link fences. This triangular area shall measure as follows:
1. Street intersections: At any intersection of two street rights-of-way, two sides of the triangular area shall extend 20 feet along both shoulder or curb lines of the improved portion of the rights- of-way, measured from their point of intersection. For the purpose of this paragraph an alley shall be considered as a street.
2. Street and driveway intersections: At any intersection of street right-of-way and a driveway, two sides of the triangular area shall extend 20 feet along the edge of the driveway and 10 feet along the shoulder or curbline of the improved portion of the right-of-way. Such triangular area shall be applied to both sides of the driveway.
3. Fences utilized to enclose drainage detention ponds or other drainage facilities shall meet the above regulations, as well as any other applicable regulations of the Sumner Municipal Code.
J. Manufactured homes shall meet all of the following conditions:
1. Manufactured homes shall be new;
2. Manufactured homes shall be set upon a permanent foundation and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product which can be either load-bearing or decorative;
3. Manufactured homes shall be thermally equivalent to the State Energy Code;
4. Manufactured homes shall have exterior siding similar in appearance to siding materials commonly used on site built single-family homes;
5. The roofs of manufactured homes shall be constructed with a shake or shingle, coated metal, or similar material with a nominal roof pitch of 3:12; and
6. Manufactured homes shall be comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long.
K. A mineral extraction use shall:
1. Comply with the noise control code in chapter 8.14 SMC;
2. Not produce light, glare or vibration in any amount determined to constitute a public or private nuisance under local or state laws or to disturb the peace, quiet, and comfort of neighboring residents, businesses or other property owners;
3. Meet or exceed regional, state, and federal air and emission levels;
4. Screen all mechanical devices from surrounding properties and public streets;
5. Be consistent with the city’s comprehensive plan maps;
6. Utilize best available control technologies;
7. Only be permitted on property that is designated as mineral resource land pursuant to chapter 16.44 SMC; and
8. Require loaded trucks leaving the site to be covered, using best available technology. (Ord. 2737 § 5, 2020; Ord. 2135 § 3 (part), 2005; Ord. 1739 § 20, 1996; Ord. 1694 § 1, 1995)