Chapter 18.14 MEDIUM AND HIGH DENSITY RESIDENTIAL DISTRICTS (MDR, HDR)

Chapter 18.14
MEDIUM AND HIGH DENSITY RESIDENTIAL DISTRICTS (MDR, HDR)

Sections:

18.14.010 Purpose.

18.14.020 Principal permitted uses.

18.14.030 Accessory buildings and uses.

18.14.040 Conditional uses.

18.14.050 Prohibited uses.

18.14.060 Special conditions.

18.14.070 Property development standards for MDR/HDR.

18.14.080 Performance standards.

18.14.010 Purpose.

A. The following residential districts are established; properties so designated shall be subject to the provisions contained in this chapter:

1. MDR, medium density residential district;

2. HDR, high density residential district.

B. The MDR and HDR residential districts are intended to reserve appropriately located areas for multifamily living at a broad range of dwelling unit densities consistent with the comprehensive plan. They are further intended to protect the public health, safety and general welfare by ensuring that opportunities to obtain reasonable cost housing exist for households representing a variety of income categories and lifestyles, facilitating the provision of utility services and other public facilities commensurate with anticipated population and dwelling unit densities, providing designs compatible with community goals, and providing that multifamily developments offer the amenities and conveniences necessary to assure the comfort and enhance the lifestyles of their occupants. (Ord. 2134 § 13, 2005: Ord. 1694 § 1, 1995)

18.14.020 Principal permitted uses.

The following uses are permitted in all MDR and HDR districts unless otherwise specified:

A. Townhouse and townhouse condominiums;

B. Duplexes;

C. Small or large group homes;

D. Minor utility facilities;

E. Cottage housing in accordance with the density standards set forth;

F. Zero lot line dwellings and structures, including duplexes, multiplexes and townhouse dwellings created by a zero lot line subdivision or zero lot line short subdivision;

G. Repealed by Ord. 2812;

H. One single-family dwelling on each building site;

I. Streets;

J. Wireless communication facilities subject to the standards of chapter 18.37 SMC;

K. Expansion of existing automotive and motorized vehicle sales and rental agencies lawfully operating as of June 1, 2000; provided, that:

1. The required 10-foot landscaped yard setback shall include a solid, commercial grade, masonry wall; wood fence with minimum six-inch by six-inch posts; a vinyl fence; or equivalent. The fence or wall shall be eight feet in height, designed and constructed to serve as a sound barrier and to prevent any light from penetrating onto adjacent properties. The fence shall have a double-fascia design that provides the same appearance on both sides of the fence. Said fence shall not be constructed of chainlink. The fence or wall shall only be required where the parcel abuts another parcel with a residential use.

2. The required 10-foot landscaped yard setback shall include evergreen trees with a minimum height at planting of five feet and caliper of two inches at time of planting, 10 feet on center within the required landscape buffer. Existing trees may be used to partially or wholly satisfy this requirement.

3. The use of an outdoor public address (PA) system shall comply with the noise control regulations per chapter 8.14 SMC.

4. Repealed by Ord. 2774.

5. Following issuance of a permit for the expansion of an automotive and motorized vehicle sales and rental agency use the applicant shall construct the wall or fence as required per subsection (K)(1) of this section within 180 days or submit a financial guarantee in the form of a bond or an assignment of funds to the city to guarantee the construction of the wall or fence within 30 days. The financial guarantee shall be in the amount of 120 percent of the estimate of the cost of construction of the wall or fence to allow for inflation and administration should the city have to complete the wall or fence.

6. Off-street parking shall be provided in accordance with SMC 18.42.040(T).

7. No buildings shall be constructed within the expansion area.

8. Notice for a land use permit application to expand shall be provided consistent with the noticing requirements in SMC 18.56.070. Notice of application and decisions for Type I and Type III.a land use decisions may be provided at the discretion of the director to other qualified or interested parties;

L. Manufactured homes subject to the standards of SMC 18.14.080(N), but not to exceed one dwelling on any one lot;

M. Wetland mitigation banks, and wildlife habitat mitigation and conservation projects;

N. Apartments in the medium density and high density residential zones south of East Main and 60th Street East, except for senior housing subject to SMC 18.14.040. (Ord. 2878 § 23, 2024; Ord. 2842 § 12, 2023; Ord. 2812 § 8, 2022; Ord. 2774 § 9, 2021; Ord. 2682 § 1, 2019: Ord. 2531 § 5, 2015: Ord. 2472 § 1, 2014: Ord. 2467 § 4, 2014: Ord. 2346 § 1, 2011; Ord. 2147 § 5, 2005: Ord. 2135 § 5 (part), 2005: Ord. 2134 § 14, 2005: Ord. 1949 § 3, 2001: Ord. 1944 § 3, 2001; Ord. 1830 § 19, 1998; Ord. 1694 § 1, 1995)

18.14.030 Accessory buildings and uses.

Accessory buildings and uses permitted in the MDR and HDR districts are those uses customarily incidental or appurtenant to the principal permitted uses.

A. 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. Serve no more than six adults.

B. Family child day care home or family child care home 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;

C. Garage sales, yard sales, bake sales, temporary home boutiques 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 of 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.

D. 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.

E. Keeping of family pets as follows:

1. For single-family dwellings including zero lot line dwellings, keeping of not more than four family pets, which can be kept in the home, such as dogs, cats or other domestic or tamed animals which are not vicious by nature. This list of four pets shall not include birds, fish, suckling young of a pet or other animals which at all times are kept inside a fully enclosed building or accessory building and which do not create an odor which is detectable on an adjoining lot;

2. For ground-related housing, keeping of not more than two family pets, which can be kept in the home, such as dogs, cats or other domestic or tamed animals which are not vicious by nature. This list of two pets shall not include birds, fish, suckling young of a pet or other animals which at all times are kept inside a fully enclosed building or accessory building and which do not create an odor which is detectable on an adjoining lot.

F. Recreational facilities intended for the use of residents including swimming pools, saunas, tennis courts and exercise rooms;

G. Wireless communication facilities subject to the standards of chapter 18.37 SMC. (Ord. 2134 § 15, 2005: Ord. 1830 § 20, 1998; Ord. 1694 § 1, 1995)

18.14.040 Conditional uses.

The following uses are conditionally permitted uses in all MDR and HDR districts unless otherwise specified. A conditional use permit or a planned residential development approval, where specifically required, shall be in full force and effect in order to establish the uses:

A. Adult day care home facilities serving more than six adults which meet the following criteria in addition to 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;

B. Dwellings constructed for and occupied by households with at least one member being physically handicapped may exceed allowable dwelling unit densities by 50 percent of that permitted by the respective zone. A title notice indicating occupancy by the physically handicapped is required;

C. Bed and breakfasts;

D. Wireless communication facilities subject to the standards of chapter 18.37 SMC;

E. Cemeteries;

F. Churches, convents, monasteries and other religious institutions. Associated accessory structures of a church including, but 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;

G. Homes for the aged, assisted living facilities, board and care homes, hospices, or nursing homes, provided such facilities meet the building height and other standards in the zone;

H. Hospitals;

I. Lodging houses, clubs and fraternity houses;

J. Major utility facilities;

K. Manufactured home parks;

L. Mass transit systems including, but not limited to, bus stations, train stations, transit shelter stations, and park-and-ride lots;

M. Paid public off-street parking;

N. Professional offices and services, subject to the following requirements:

1. In the MDR district, the subject property must have frontage on and obtain its principal access from a minor or principal arterial street as designated by the city, provided all such streets adjacent to the subject property are improved to full city standards along that portion of the right-of-way that abuts the property;

2. In the HDR district, the subject property must have frontage on and obtain principal access from a minor or principal arterial, or collector street as designated by the city, provided all such streets adjacent to the subject property are improved to full city standards along that portion of the right-of-way that abuts the property;

3. No single office building shall contain interior floor area in excess of 5,000 square feet in the MDR district and 10,000 square feet in the HDR district. Multiple office buildings on a single lot with a total square footage in excess of these square footages are permitted;

O. Public garage in the MDR zone;

P. Public facilities;

Q. Public and private educational institutions, including preschools, schools, religious schools, colleges and universities;

R. Public parks and public recreational facilities;

S. Multifamily senior housing, including senior apartments, retirement homes and continuing care communities may be allowed only through a planned residential development, pursuant to chapter 18.24 SMC;

T. Utility yard;

U. Water towers and water supply plants;

V. Day care centers;

W. Temporary homeless encampments in accordance with SMC 18.36.060;

X. Funeral homes;

Y. Permanent supportive housing subject to the performance standards in SMC 18.14.080(P);

Z. Transitional housing subject to the performance standards in SMC 18.14.080(P);

AA. Behavioral health facility, inpatient;

AB. Opioid treatment program, mobile unit; and

AC. Essential public facilities not otherwise listed above. (Ord. 2878 § 24, 2024; Ord. 2812 § 8, 2022; Ord. 2794 § 9, 2021; Ord. 2642 § 3, 2018: Ord. 2615 § 6, 2017; Ord. 2573 § 4, 2016: Ord. 2488 § 2, 2014: Ord. 2134 § 16, 2005: Ord. 1830 § 21, 1998; Ord. 1803 §§ 2 (part), 5, 1997; Ord. 1694 § 1, 1995)

18.14.050 Prohibited uses.

Prohibited uses in the MDR and HDR districts are any uses or structures not listed under permitted principal, accessory or conditional uses, unless authorized in chapters 18.36 or 18.46 SMC, or an applied overlay district of this title. Metal storage containers are prohibited in the MDR and HDR districts. Freestanding tent structures are prohibited in the required front or side yards within the MDR and HDR districts. (Ord. 2134 § 17, 2005: Ord. 2088 § 3, 2004: Ord. 1694 § 1, 1995)

18.14.060 Special conditions.

A. Required Parking for Single-Family Uses. All single-family dwellings in the MDR and HDR districts shall have two on-site automobile parking spaces. Each required space is to be located so as to be independent of any other required space. Further, at least one of the required spaces for single-family dwellings shall be located within the building site area and not within the required setback areas. Required spaces and access drives shall be improved with a dustless, hard surface. Tandem parking may be allowed.

B. Required parking for dwellings created through a zero lot line subdivision or zero lot line short subdivision shall comply with parking requirements at SMC 17.28.340(H).

C. Required Parking for Multifamily and Conditionally Permitted Uses. All other permitted uses, except as provided above, and conditionally permitted uses in the MDR and HDR districts shall provide on-site automobile parking at ratios specified in chapter 18.42 SMC. Tandem parking may be allowed at a maximum of 30 percent of the on-site parking stalls. (Ord. 2842 § 13, 2023; Ord. 2192 § 3, 2007: Ord. 2134 § 18, 2005: Ord. 1694 § 1, 1995)

18.14.070 Property development standards for MDR/HDR.

The following Table 18.14.070 sets forth the required development standards applicable to properties located in the MDR and HDR zones:

Table 18.14.070
		MDR	HDR
A.	Minimum lot area per building site in square feet1	5,000	5,000
	Minimum lot area in square feet for developments utilizing the “detached single-family dwelling” option of the city of Sumner design and development guidelines in square feet	4,000	4,000
	Minimum lot area for zero lot line detached dwellings (per dwelling)	3,000	3,000
	Minimum lot area for zero lot line dwellings (per dwelling)	N/A3	N/A3
B.	Maximum lot area per building site in square feet, detached single-family dwellings	6,0004	6,0004
C.	Maximum development density in dwelling units per net acre	15	25
D.	Minimum lot width in feet	50	50
	Minimum lot width for developments utilizing the “detached single-family dwelling” option of the city of Sumner design and development guidelines in square feet	40	40
	Minimum lot width for zero lot line detached dwellings	30	30
	Minimum lot width for zero lot line dwellings	N/A3	N/A3
	Minimum unit width for zero lot line dwellings	16 feet interior units 20 feet end units	16 feet interior units 20 feet end units
E.	Front, rear and interior side setbacks for duplexes and detached single-family dwellings:
	1. Front yard setback in feet	10	10
	2. Rear yard setback in feet	25	20
	3. Interior side yard setback in feet	5	5
	4. Interior side yard setback for zero lot line detached single-family	5 feet one side 0 feet one side	5 feet one side 0 feet one side
F.	Front, rear and interior side setbacks for multifamily developments requiring design review shall be in compliance with the city of Sumner design and development guidelines
G.	Street side yard setback in feet	10	10
H.	Setbacks for zero lot line dwellings:
	1. Front yard setback from public street or private drive aisle for zero lot line dwellings in feet	10 for building 5 for porch/stoop	10 for building 5 for port/stoop
	2. Rear yard setback in feet, zero lot line dwellings	15	15
	3. Interior side yard between zero lot line dwellings in feet	0	0
	4. Interior side yard adjacent to exterior property line of a zero lot line development in feet	5	5
	5. Street side yard setback in feet	10	10
I.	Maximum building height in feet	35	35
J.	Maximum lot coverage by percentage of net lot area	35	45
K.	Maximum lot coverage zero lot line dwellings by percent of net lot area	N/A	N/A
L.	Minimum street frontage in feet	30	30
M.	Minimum street frontage zero lot line dwellings	N/A3	N/A3
N.	Minimum setback from principal or minor arterial as designated in comprehensive plan	25	25
O.	Maximum number of zero lot line dwellings that may be attached	6	6
P.	Public garage development standards
	Front yard setback in feet	0	N/A
	Rear yard setback in feet	0	N/A
	Interior side yard in feet	0	N/A
	Street side yard in feet	0	N/A
	Maximum building height in feet	45	N/A
	Lot coverage by percentage of net lot area	90	N/A
Q	Pipestem lot width, setbacks and building height shall be as provided in SMC 18.12.070 for detached dwelling units

1 Variation of Minimum Lot Size. Except for lots to be occupied by zero lot line dwelling units, lots created through full subdivision in the MDR and HDR zones must vary lot sizes in the following manner. A maximum of 60 percent of lots may be platted at the minimum allowed lot size (one and one-half times) and at least 20 percent of platted lots must not be less than 200 percent of the minimum allowed lot size (two times). For purposes of meeting this requirement, lot counts may be rounded to the nearest full lot.

2 The minimum lot area for zero lot line single-family dwellings is defined as the minimum needed to accommodate the width and depth of the unit plus the required private open space for the lot.

3 For zero lot line lots, the lot width and frontage may be as wide as the minimum required unit width, provided that the unit complies with building code, landscaping and open space requirements.

4 Maximum lot area applies to all new lots created after March 1, 2023, except that critical areas and critical area buffers required to be protected under SMC Title 16 may be excluded from the lot area calculation.

(Ord. 2851 § 12, 2023; Ord. 2842 § 14, 2023; Ord. 2573 § 5, 2016: Ord. 2531 § 6, 2015: Ord. 2467 § 5, 2014: Ord. 2134 § 19, 2005: Ord. 1949 § 4, 2001: Ord. 1694 § 1, 1995)

18.14.080 Performance standards.

The following special requirements and performance standards shall apply to properties in the multifamily districts:

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.

B. Landscaping Required. In all MDR and HDR zones landscaping and open space shall be provided. All required landscaping shall be permanently maintained in a neat and orderly condition. For new developments, a landscape plan shall be submitted for review by the development services director. Proposals requiring design review shall comply with the city of Sumner design and development guidelines.

C. Outdoor Storage and Parking of Vehicles. Storage or parking of any motor vehicle or vehicle accessory such as camper shells, boats, trailers, motorbikes or other wheeled accessory or conveyance shall not be allowed except as follows:

1. Storage of such vehicles and vehicle accessories is permitted within the paved areas and driveways located in the front and street side yard; 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 subsection “storage” means the keeping of such vehicles and accessories on any portion of any parcel of property for a period of 120 continuous hours.

2. Parking for any length of time of such vehicles and vehicle accessories is prohibited within any landscaped area of the front or street side yard, except for parking for the washing of vehicles and not to exceed two hours.

D. Setbacks from Alleys. Garage structures which are directly attached to a principal structure or attached with no greater than an enclosed breezeway, and have vehicular access from an adjacent alley, may encroach into the rear yard such that the total of the alley width and setback from the alley is equal to no less than 24 feet. In such case, only a garage attached to the principal structure by no greater than a breezeway may exceed a height of one story.

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 subsection (K) of this section may project into a required yard.

2. Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part may project into a required yard by not more than 30 inches.

3. Cornices, sills, eave projections and awnings without enclosing walls or screening may project into a required yard by not more than 30 inches.

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.

5. Planting boxes or masonry planters not exceeding 30 inches in height may project into a required yard.

6. Open, unenclosed, unroofed decks may project into a required rear or interior side yard, providing, however, that the decks are constructed at grade elevations, or in no event exceed 30 inches above adjoining grade and not over any basement or story below.

7. Additions of accessory structures such as stairs or balconies, covered porches or unroofed decks which have no more than 200 square feet, provided lot coverage is not exceeded may project into a required front or rear yard.

8. Detached accessory buildings on the rear 33 percent of the lot, or in back of the front 75 feet of the lot, are permitted not closer than three feet to side property lines nor three feet to rear property lines or alleys, except that detached accessory garages, which use an alley for vehicular access, may intrude such that the total of the alley width and setback from the alley equal no less than 24 feet. The maximum building height for a detached accessory structure shall be 16 feet for gabled, hipped and gambrel roofs and 12 feet for flat and mansard roofs.

F. Residential antennas, including satellite dish antennas 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. Antennas shall be set up so that in case an antenna falls it will fall within the confines of the owner’s property. Satellite dish antennas greater than three feet in diameter and amateur radio towers and associated antennas are regulated below:

1. Satellite Dish Antennas Ground-Mounted. Ground-mounted, satellite dish antennas 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 antennas 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 antennas shall be located to prevent obstruction of the antenna’s reception window from potential permitted development on adjoining properties.

f. Satellite dish antennas 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 antennas shall be installed and maintained in compliance with the applicable requirements of the International Building Code, as amended.

i. Only one dish antenna shall be permitted on any residential lot.

j. Dish antennas 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 Antennas, Roof-Mounted. Roof-mounted satellite dish antennas 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 subsection (F)(1) of this section 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 antennas 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 in subsections (F)(3)(a) through (e) of this section, may only be allowed upon approval of a variance application in accordance with chapter 18.50 SMC.

G. Swimming Pools. All swimming pools having a depth of 24 or more inches shall maintain 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. Building Height Exceptions. Chimneys and vents, and church steeples and church spires, may be erected to a height greater than the permitted building height set forth.

I. Trash Receptacles. Except on trash pickup days, all trash receptacles shall be screened from neighboring properties and public rights-of-way by an opaque visual barrier no lower than the maximum height of the receptacles. Provision of recycling bins shall be made. These shall be located near the trash receptacles and screened as required above.

J. School and Church Height Exceptions. When applicable, a height exception shall be applied for as part of a conditional use permit application to establish such uses or expansion of such uses. Conditionally permitted school and church uses may exceed building height requirements to a maximum of 50 feet in the MDR and the HDR zones upon approval of such height exception by the hearing examiner. A height exception does not require separate application for a special exception or variance.

K. Fences – Intent. The intent of this section is to establish minimum requirements and standards for fences in order to promote safety, provide screening, and to protect the aesthetic assets of the community. Fences constructed within multifamily zones shall not exceed a maximum height above the adjacent grade as set forth herein:

1. The requirements of this subsection shall apply only to fences built after the adoption date of the ordinance codified in this section. Fences built before that date shall be considered legal nonconforming fences. Existing fences being replaced after this adoption date shall meet the requirements of this section. The construction of any fence, arbor, or trellis requires a building/land use permit.

2. Fences located within the required front yard or within a five-foot setback from the street side property line shall not exceed a height of three feet where fences would provide less than 50 percent visibility. Fences providing at least 50 percent visibility shall not exceed a height of four feet within the required front yard or within a five-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.

3. Corner lots located along minor arterials may construct a fence to the maximum height with a zero side yard setback along the minor arterial; provided, that all sight distance requirements are met.

4. No fence shall exceed a total height of six feet above existing or finish grade in a multifamily zone, unless exceptions of subsection (K)(9) of this section apply.

5. Fences utilized to enclose drainage detention ponds or other drainage facilities shall meet the requirements of the King County Washington Surface Water Design Manual, as well as any other applicable regulations of this section and the Sumner Municipal Code. Chain link fences used to enclose drainage detention ponds or other drainage facilities shall be green or black coated or painted.

6. No barbed wire, razor wire, or electric fence shall be allowed within multifamily zones, unless exceptions of subsection (K)(9) of this section apply.

7. Chain link shall be black or green coated or painted in the front or street side yard.

8. Arbors and trellises will be subject to the following:

a. An arbor of up to three additional feet in height to a nine-foot maximum can be constructed over a gate, walkway, or entryway. The maximum width of an arbor shall be eight feet. These requirements apply to arbors sited in the front and side yard and to arbors attached to fences. Arbors shall be of structurally sound design.

b. A trellis of up to two additional feet in height to a maximum of eight feet may be added to a fence as a decorative element. Trellises with a horizontal element shall not encroach onto adjacent properties. Trellises shall be a structurally sound part of the fence design.

9. Exceptions to the standards set forth in this subsection are listed as follows: public facilities, minor and major utility facilities, schools, and wireless communication facilities may have fences higher than the required six-foot maximum for safety and security reasons, and are not subject to the requirements of this section. Such facilities needing added public safety and security shall construct fences in accordance to the standards set forth for such facilities.

10. Through lots with frontage along minor arterials may construct a fence to the maximum height with a zero setback along the minor arterial; provided, that all sight distance requirements are met.

L. Sight Distance Requirements. At all intersections there shall be a triangular yard area within which no tree, fence, shrub, wall 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 curblines of the improved portion of the rights-of-way, measured from their point of intersection. For the purpose of this subsection, an alley shall be considered as a street.

2. Street and Driveway Intersections. At any intersection of a 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, measured from their point of intersection. 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.

M. Expansion of Specified Existing Uses. Existing automotive and motorized vehicle sales and rental agencies lawfully operating as of June 1, 2000, may be maintained as follows:

1. The specified uses may expand, except that expansion shall not occur if it is necessary to purchase additional property. The expansion shall meet the development standards of the zone such as setbacks, lot coverage, and building height.

2. Structures may be rebuilt after a fire or other disaster to original dimensions, or expanded per requirements in this section, unless a health or safety impact would occur.

3. If expansion requires any increase in impervious surface, a 10-foot landscaped yard setback shall be created and solid six-foot masonry wall or wood fence established and maintained along the property line that abuts residential properties, except that fences and walls located within the required front or street side yard shall not exceed a height of three feet. The landscape buffer shall contain a planting of trees with a minimum of eight feet in height at planting and a minimum of 20 feet at maturity. Trees shall be a mix of 50 percent deciduous and coniferous and planted 15 feet on center.

4. Any expansion shall meet the performance standards set forth in SMC 18.16.080 and design review standards per chapter 18.40 SMC.

N. 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.

O. A minimum of 50 percent of the area of front and street side yards shall be landscaped with vegetation or other landscaped features other than paving, gravel, or hard surfaces.

P. Permanent supportive housing and transitional housing shall:

1. Comply with all applicable setbacks, height and other dimensional standards as required in this chapter;

2. Comply with the maximum housing density for the zone, except that in no case shall density exceed a maximum of 10 housing units on any single parcel of land; and

3. Not be located within one-half mile of any other emergency shelter or emergency housing use; or any permanent supportive housing or transitional housing use. (Ord. 2794 § 10, 2021; Ord. 2788 § 24, 2021; Ord. 2301 §§ 3, 4, 2009; Ord. 2247 § 3, 2008; Ord. 2194 § 2, 2007; Ord. 2193 § 4, 2007: Ord. 2135 § 5 (part), 2005; Ord. 2022 § 3, 2003; Ord. 1944 § 4, 2001; Ord. 1786 §§ 3, 5, 1997; Ord. 1694 § 1, 1995)