Chapter 18.16 COMMERCIAL DISTRICTS (NC, GC, IC)

Chapter 18.16
COMMERCIAL DISTRICTS (NC, GC, IC)

Sections:

18.16.010 Purpose.

18.16.020 Principal and conditional uses.

18.16.025 Family day care provisions.

18.16.030 Accessory residential uses.

18.16.040 Residential uses.

18.16.050 Prohibited uses.

18.16.060 Off-street parking and loading.

18.16.070 Property development standards.

18.16.075 Repealed.

18.16.080 Performance standards.

18.16.010 Purpose.

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

1. NC, neighborhood commercial district;

2. GC, general commercial district;

3. IC, interchange commercial district;

B. The commercial districts are established to provide appropriately located areas for office uses, retail stores, service establishments, and wholesale businesses, offering commodities and services required by residents of the city and its surrounding market area. In addition to this purpose, each commercial district has its own specific and unique intent as follows:

1. NC, Neighborhood Commercial District. The NC district is intended to provide for convenient retailing and other commercial services principally oriented to adjacent residential areas and neighborhoods.

2. GC, General Commercial District. The GC district is intended to provide for retailing and other commercial services that serve the large market area surrounding the Sumner community. In this respect, GC district regulations are intended to accommodate conventional commercial development that is typical to urban areas such as shopping centers, commercial malls and office complexes. Such commercial developments usually rely upon the automobile as their principal source of access.

3. IC, Interchange Commercial District. The IC district is intended to provide for retailing and other commercial services that are easily accessible from the freeway, yet are not located near residential districts. Such commercial developments primarily rely on the automobile as their principal source of access. (Ord. 2774 § 10, 2021; Ord. 2147 § 6, 2005: Ord. 2134 § 20, 2005: Ord. 2040 § 1, 2003: Ord. 1949 § 5, 2001: Ord. 1694 § 1, 1995)

18.16.020 Principal and conditional uses.

The following table details permitted and conditionally permitted uses in the commercial districts. Where a “P” is indicated, the respective use in the same row is permitted in the zone classification in the same column. Where a “CUP” is indicated, the respective use in the same row is conditionally permitted in the zone classification in the same column. A conditional use permit shall be required and in full force and effect in order to establish the conditional uses. Where a “PRD” is indicated, the respective use in the same row is permitted through a planned residential development. A planned residential development shall be required and in full force and effect in order to establish the use.

		NC	GC	IC
1.	Accessory parks and recreation facilities for use by on-site employees or residents	P	P	P
2.	Adult entertainment businesses subject to chapter 18.38 SMC	–	P	P
3.	Artist’s studio and workshop having a retail component comprising at least 15% of the total floor area	P1	P	P
4.	Automotive sales and motorized vehicle sales	–	P	P9
5.	Banks, business and professional offices and drive-up banking	CUP	P	P
6.	Business and consumer services, including advertising, property management, and consulting services9	P	P	P
7.	Car wash9	–	P	P
8.	Wireless communication facilities	See chapter 18.37 SMC
9.	Cemeteries	–	CUP	CUP
10.	Churches	P	P	P
11.	Contractor business6	–	–	P
12.	Convenience store9	CUP	P	P
13.	Dancehalls	–	CUP	P
14.	Drive-through businesses, subject to performance standards at SMC 18.16.0809	–	P	P
15.	Drive-through espresso/coffee business, subject to performance standards at SMC 18.16.080	CUP	P	P
16.	Existing residential dwellings lawfully constructed as of the effective date of the ordinance codified in this title	P	P	P
17.	Family child care home or family child day care home in accordance with the provisions of SMC 18.16.025; and child day care centers	P	P	P
18.	Gasoline service stations and convenience stores with gasoline sales9	–	–	P
19.	Hazardous waste on-site treatment and storage facilities	–	CUP	–
20.	Health and fitness club9	P7	P	P
21.	Heavy equipment repair, accessory to a permitted use9	–	–	P
22.	Heavy equipment sales	–	–	CUP
23.	Hospitals	CUP	CUP	CUP
24.	Hotels, bed and breakfasts and tourist homes9	P	P	P
25.	Light manufacturing, fabrication, assembling and repairing, excluding vehicle repair, subject to SMC 18.16.080(S)	–	CUP	–
26.	Light-medium equipment sales	–	–	P
27.	Major utility facility	CUP	CUP	–
28.	Mass transit systems including, but not limited to, bus stations, train stations, transit shelter stations, and park and ride lots	CUP	CUP	P
29.	Medical and dental services9	P	P	P
30.	Miniwarehouses	–	–	–
31.	Existing miniwarehouses12	–	P	P
32.	Minor utility facility	P	P	P
33.	Motels and hotels9	–	P	P
34a.	Multifamily dwellings, rooming houses and boarding houses, senior apartments, retirement homes, assisted living facilities, continuing care communities, board and care homes, hospices, or nursing homes subject to the standards and locations as applicable in SMC 18.16.040	P	P	–
34b.	Senior apartments, retirement homes or continuing care communities that exceed allowable densities or that do not meet other standards of the respective zone may be allowed through a planned residential development, pursuant to chapter 18.24 SMC, subject to the standards and locations as applicable in SMC 18.16.040	PRD	PRD	–
35.	Outdoor storage	–	–	–
36.	Public parks and public recreation facilities	CUP	CUP	CUP
37.	Personal services including barber and beauty shops, salons/spas, photographic studios, tailor-dressmaking shops9	P	P	P
38.a.	Performing and cultural uses, minor	CUP	P	P
38.b.	Private clubs, lodges, fraternal organizations, union halls and social halls	CUP	P	P
39.	Public facilities	CUP	CUP	CUP
40.	Private off-street parking lots	P	P	–
41.	Private off-street parking lots, paid	–	–	–
42.	Public off-street parking lots	P	P	–
43.	Public off-street parking lots, paid	–	–	–
44.	Public garage	–	CUP	CUP
45.	Recycling collection station	–	P	P
46.	Restaurants9	P	P	P
47.	Retail business9	P	P	P
48.a.	Schools, colleges and universities	CUP	CUP	CUP
48.b.	Schools for instruction in fine arts, crafts, dance, martial arts, languages and office technology not exceeding a total of 5,000 square feet floor area	CUP	P	P
49.	Storage/warehouse and distribution facilities	–	–	–
50.	Streets	P	P	P
51.	Taverns, micro-breweries, brewpubs, and bars	–	CUP	P
52.	Theaters and other enclosed commercial recreation establishments such as bowling alleys and arcades; except in NC allowed up to 5,000 square feet floor area	CUP	P	P
53.	Truck-related retail and services9	–	–	P
54.	Truck stops	–	–	–
55.	Truck terminals	–	–	–
56.	Unenclosed commercial recreation establishments such as driving ranges, miniature golf, miniature airplane field9	–	CUP	P
57.	Utility yard	CUP	CUP	–
58.a.	Vehicle repair, minor9	–	P	P
58.b.	Vehicle repair, automotive collision10	–	–	P
59.	Veterinary clinics, excluding outdoor boarding kennels9	–	P	P
60.	Vocational or fine arts school; except in NC allowed up to 5,000 square feet floor area	CUP	P	P
61.	Water towers and water supply plants	CUP	CUP	CUP
62.	Car rental agency	–	P	P
63.	Temporary homeless encampments in accordance with SMC 18.36.060	CUP	CUP	CUP
64.	Funeral homes, mortuaries, and funeral parlors	P	P	P
65.	Truck sales with 10,000 square feet associated professional offices	–	–	P
66.	Indoor emergency shelters13	–	CUP	CUP
67.	Indoor emergency housing13	–	CUP	CUP
68.	Permanent supportive housing14	CUP	CUP	CUP
69.	Transitional housing14	CUP	CUP	CUP
70.	Behavioral health facility, inpatient	CUP	CUP	–
71.	Behavioral health facility, outpatient	CUP	CUP	CUP
72.	Opioid treatment program, mobile unit	CUP	CUP	CUP
73.	Group home, large	P	P	–
74.	Secure community transition facility	–	CUP	CUP
75.	Essential public facilities not otherwise listed above	CUP	CUP	CUP

1Not involving operations or equipment that would cause excess noise, vibration, light, glare, or odor.

2Reserved.

3Reserved.

4Reserved.

5Reserved.

6Contractor businesses are only permitted on lots within the IC zoning district in the vicinity of 24th Street East that abut industrial-zoned land on two sides. Contractor businesses shall meet the performance standards in SMC 18.16.080(T) and are a prohibited use in the IC zoning district in the vicinity of 166th Avenue East as depicted on the zoning map.

7Health and fitness clubs in the neighborhood commercial district shall not exceed 3,000 square feet in total floor area.

8Reserved.

9Truck-related parking allowed in the interchange commercial truck parking overlay area zone per SMC 18.42.046.

10Vehicle repair, automotive collision subject to performance standards in SMC 18.16.080(Y).

11Reserved.

12No expansion of use or structure(s) allowed.

13See performance standards in SMC 18.16.080(W).

14See performance standards in SMC 18.16.080(X).

(Ord. 2878 § 25, 2024; Ord. 2824 § 2, 2022; Ord. 2812 § 9, 2022; Ord. 2798 § 8, 2021; Ord. 2794 § 11, 2021; Ord. 2774 § 11, 2021; Ord. 2699 § 1, 2019; Ord. 2695 § 1, 2019; Ord. 2690 § 1, 2019: Ord. 2683 § 1, 2019; Ord. 2656 § 6, 2018: Ord. 2642 § 4, 2018: Ord. 2615 § 7, 2017; Ord. 2606 § 1, 2017: Ord. 2573 § 6, 2016: Ord. 2556 § 6, 2016: Ord. 2531 § 7, 2015: Ord. 2488 § 1, 2014: Ord. 2394 § 1, 2012: Ord. 2347 § 1, 2011: Ord. 2319 § 4, 2010: Ord. 2207 § 2, 2007: Ord. 2196 § 4, 2007: Ord. 2167 § 1, 2006: Ord. 2147 § 7, 2005: Ord. 2134 § 21, 2005: Ord. 2088 § 11, 2004: Ord. 2040 § 2, 2003: Ord. 1949 § 6, 2001: Ord. 1903 § 2, 1999; Ord. 1830 § 22, 1998; Ord. 1803 § 2 (part), 1997; Ord. 1694 § 1, 1995)

18.16.025 Family day care provisions.

A family child day care home or family child care home may be permitted in a residential dwelling subject to the following. They must:

A. Meet Washington State child day care licensing requirements.

B. Comply with all building, fire, safety, health code and business licensing requirements.

C. Conform to lot size, building size, setbacks, and lot requirements of this chapter except if the structure is a legal nonconforming structure.

D. Comply with the applicable provisions of the sign code of this title.

E. 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. (Ord. 1694 § 1, 1995)

18.16.030 Accessory residential uses.

A single-family residence established as an integral part of a commercial building for the exclusive use by the owner/operator of the business shall be permitted in all commercial districts. (Ord. 1694 § 1, 1995)

18.16.040 Residential uses.

A. Senior Housing in the NC District. Senior housing is a permitted use in the NC district, except that single-family homes, zero lot line dwellings, cottage housing, duplex dwellings, and townhomes are not allowed. Senior housing may be located on the ground floor, and is not required to include commercial uses; provided, residential uses are not allowed on the ground floor fronting Main Street East/60th Street East. Development standards for senior housing may be modified through a planned residential development permit pursuant to chapter 18.24 SMC.

B. Senior Housing in the GC District. Senior housing is a permitted use in the GC district, except that single-family homes, zero lot line dwellings, cottage housing, duplex dwellings, and townhomes for seniors are allowed only as a secondary use in a development that is primarily senior apartments. Zero lot line dwellings shall comply with the standards in SMC 18.14.070. Senior housing may be located on the ground floor, and is not required to include commercial uses; provided, residential uses are not allowed on the ground floor fronting Main Street East/60th Street East. Development standards for senior housing may be modified through a planned residential development permit pursuant to chapter 18.24 SMC.

C. Other Residential Uses in the NC District. Only floor area above the first story commercial uses may be used for residential purposes; provided, that the maximum number of dwelling units shall not exceed a ratio of 25 dwelling units per net acre; and provided, that the dwelling units shall be provided with sufficient off-street parking at ratios required in chapter 18.42 SMC. Residential dwellings may be attached or included to the side or rear of the main commercial building. Such mixed use may be attached or included to the side or rear of the main commercial building.

D. Other Residential Uses in the GC District. Multifamily residential developments are permitted as part of a mixed-use development with commercial uses. A mixed-use development shall have mixed-use structures and may have a combination of mixed-use and single-use residential structures. Except within the East Sumner urban village overlay district, a mixed-use structure is not required for a pipestem lot with street frontage that is less than 60 feet in width; instead the development may contain only single-use residential structures. Development shall occur such that:

1. Mixed-use structures shall have direct pedestrian access to the primary street and shall have ground floor building area designed to accommodate commercial uses along the entire length of the building facing the primary street. Ground floor building areas are intended for commercial use but may be improved as residential use and converted over time when economically viable.

2. Single-use residential structures shall contain only ground-related dwelling units and shall be located to the side or rear of mixed-use structures and not adjacent to the primary street.

3. The maximum number of dwelling units shall not exceed 25 dwelling units per net acre in the general commercial district.

E. Open space requirements for developments requiring design review shall be in compliance with the city of Sumner design and development guidelines, except that open space requirements for senior housing shall be provided in accordance with SMC 18.41.200. (Ord. 2842 § 15, 2023; Ord. 2812 § 10, 2022; Ord. 2774 § 12, 2021; Ord. 2550 § 2, 2015: Ord. 2531 § 8, 2015: Ord. 2444 § 1, 2013; Ord. 2199 § 1, 2007: Ord. 2147 § 8, 2005: Ord. 2134 § 22, 2005: Ord. 2088 § 10, 2004; Ord. 1949 § 7, 2001: Ord. 1694 § 1, 1995)

18.16.050 Prohibited uses.

Any use or structure not listed under permitted principal, accessory or conditional uses is prohibited in the commercial districts unless authorized in chapter 18.36 or 18.46 SMC, or an applied overlay district of this title. Metal storage containers used for storage of merchandise are prohibited in all commercial districts unless permitted under the provisions authorized in chapter 18.46 SMC. Truck stops, truck plazas, or other uses providing parking of trucks and heavy commercial vehicles as the primary use on the site are prohibited in the IC zone. (Ord. 2394 § 6, 2012: Ord. 2088 § 4, 2004: Ord. 1694 § 1, 1995)

18.16.060 Off-street parking and loading.

Off-street parking and loading for properties located in the commercial districts shall be provided as set out in chapter 18.42 SMC. (Ord. 2147 § 9, 2005: Ord. 2134 § 23, 2005: Ord. 1694 § 1, 1995)

18.16.070 Property development standards.

The following table sets forth the required development standards applicable to properties located in commercial districts:

		NC	GC	IC
1.	Minimum lot area per building site in square feet	4,500	5,000	5,000
2.	Minimum lot width in feet	50	50	50
3.	Lot depth in feet	100	100	100
4.	Front yard setback in feet, in accordance with the Sumner design and development guidelines (minimum front yard setback required for properties located on arterials or collectors)	min. 0	General zoning:	min. 15 no max.
		max. 25	min. 5
			max. 50
			max. 25 on corner
			East Main Street area:
			max. 03
5.	Rear yard setback in feet	20	20	20
6.	a. Interior side yard setback in feet	104	General zoning: 5	15
	b. Interior side yard setback in feet within NC zone along Main Street west of Valley Avenue	0	–	–
			East Main Street area: 0 when property abuts East Main Street; and 5 when property not abutting East Main Street3
7.	a. Street side yard setback in feet	10	5	15
7.	b. Street side yard setback in feet within NC zone along Main Street west of Valley Avenue	0	–	–
8.	Required landscaped setback along any common boundary with residentially zoned property	10	10	10
9.	Minimum street frontage in feet	35	35	35
10.	Maximum lot coverage	75%	75%	80%
11.	Maximum building height in feet	35	35	45

1Reserved.

2Reserved.

3East Main Street per SMC 18.43.020. Also see design and development guidelines.

4Or where abutting property zoned NC.

(Ord. 2774 § 13, 2021; Ord. 2573 § 7, 2016: Ord. 2314 § 1, 2010: Ord. 2239 § 1, 2007: Ord. 2178 § 1, 2006: Ord. 2167 § 2, 2006: Ord. 2147 § 10, 2005: Ord. 2134 § 24, 2005: Ord. 2040 § 3, 2003: Ord. 2015 § 4, 2002: Ord. 1970 § 1, 2001: Ord. 1949 § 8, 2001: Ord. 1694 § 1, 1995)

18.16.075 Height exception in the central business district zone.

Repealed by Ord. 2774. (Ord. 2314 § 2, 2010)

18.16.080 Performance standards.

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

A. Exterior Mechanical Devices. Air conditioners, heating, cooling, ventilating equipment, 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 neighboring residents. Apparatus needed for the operation of active or passive solar energy systems need not be screened pursuant to this subsection.

B. Required Open Space and Landscaping. For each development in the NC, IC and GC districts a landscape plan shall be prepared in accordance with chapter 18.41 SMC to address landscaping of yards and screening of parking, and shall be submitted for approval by the development services director. Landscaping shall be provided along blank building facades and property boundaries. Landscaping shall be provided in accordance with the city of Sumner design and development guidelines. Whenever landscaping is required by this title and/or conditions of approval of discretionary applications required by this title, such landscaping shall be permanently maintained in a neat and orderly manner. In no event shall such landscape areas be used for the storage of materials or parking of automobiles.

C. Outdoor Storage of Materials. Outdoor storage is not permitted in the GC and NC zones, except that outdoor storage of materials is permitted in the IC zone as accessory to a contractor business and in conformance with subsection (T) of this section. The storage of vehicles, such as motorcycles, automobiles, boats and farm equipment for retail sale, shall not be subject to the provisions of this subsection.

D. Outdoor Lighting. Outdoor lighting and aerial-mounted floodlighting shall be shielded from above in such a manner that the bottom edge of the shield shall be below the light source. The lighting shall be shielded so that the direct illumination shall be confined to the property boundaries of the light source. Ground-mounted floodlighting or light projection above the horizontal plane is prohibited between midnight and sunrise, except governmental flags.

E. Commercially Zoned Properties Adjacent to Residential Properties. Whenever commercially zoned or mixed-use development abuts any residential district, there shall be:

1. A 10-foot landscaped yard setback and six-foot masonry wall or wood fence established and maintained along the property line that abuts the residential zones, except that fences and walls located within the required front or street side yard shall not exceed a height of three feet.

F. Swimming Pools. All swimming pools or outdoor bodies of water 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 the pool or body of water. The provisions of this subsection shall not apply where a swimming pool is accessory to a motel or hotel use where the owner or any employee thereof is on duty on the premises 24 hours each day.

G. Trash Receptacles. Trash receptacles enclosed within gated, solid walls or fences shall be provided for each property in commercial use. The receptacle shall be set back a minimum of 15 feet from any residentially zoned property boundary and shall be maintained in a neat and sanitary condition.

H. Accessory antennas, including satellite dish antennas which are 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 are regulated below.

1. Ground-mounted satellite dish antennas, up to 12 feet in diameter, are allowed as permitted accessory uses subject to the following requirements:

a. The installation shall not be located between front or street-side property lines and a building.

b. All installations shall meet the height standards of the district, and shall be measured to the highest point of the dish.

c. The minimum setback shall be not closer than three feet to side property lines nor 10 feet to rear property lines.

d. The installation shall comply with the applicable requirements of the International Building Code, as amended.

e. All installations shall be screened from any adjoining residentially zoned land.

2. Roof-mounted satellite dish antennas up to 12 feet in diameter are allowed as accessory structures subject to the following criteria:

a. The height of the proposed installation does not exceed the maximum height restriction imposed for primary uses within the district; except that buildings built up to the maximum height may be permitted a rooftop installation.

b. Installations shall not be visible between ground level and 10 feet above ground level from any street adjoining the lot; except that for buildings on corner lots, the installations shall not be visible between ground level and 10 feet above ground level from the street from which the building takes primary access.

I. Any on-site treatment and storage facilities must meet the Washington State siting criteria as set forth in the location standards found in WAC 173-303-285.

J. Parking areas and pedestrian walkways shall conform to the city of Sumner design and development guidelines.

K. Businesses selling firearms are prohibited from locating within 500 feet of public or private schools including preschools, elementary, junior high, and high school facilities.

L. Expansion of Specified Existing Uses. Existing residential dwellings lawfully constructed as of the effective date of the ordinance codified in this title may be maintained as follows:

1. The specified uses may expand up to 25 percent of their square footage, 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. No additional dwelling units may be added, except that existing single-family dwellings may add an accessory dwelling unit if the performance standards to establish an accessory dwelling unit as found in chapter 18.12 SMC, Low Density Residential District (LDR-4, LDR-6, LDR-7.2, LDR-8.5, LDR-12), are met.

3. Structures may be rebuilt after a fire or other disaster to original dimensions unless a health or safety impact would occur, provided a complete building permit application has been submitted within three years.

4. Structures that were destroyed by a fire or other disaster prior to July 1, 2006, may be rebuilt to original dimensions unless a health or safety impact would occur without any limitation on time.

M. 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 in commercial zones shall comply with the standards 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 the adoption date of the ordinance codified in this section shall meet the requirements of this section. The construction of any fence, arbor, or trellis requires a building/land use permit.

2. Fences located between the street and the required front yard setback line or street side yard setback 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 street side yard. Examples of fences that could meet 50 percent visibility include spaced rail fences and spaced picket fences. If the commercially zoned property abuts any residential property the fencing requirements will be those of subsection E of this section.

3. No fence shall exceed a total height of six feet above existing or finished grade in a commercial zone unless the site qualifies for an exception in subsection (M)(8) of this section.

4. Fences utilized to enclose drainage detention ponds or other drainage facilities in any zone 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.

5. No barbed wire, razor wire, or electric fence shall be allowed within neighborhood commercial or general commercial zones. An exception may be granted in the interchange commercial zone if the site qualifies for an exception under subsection (M)(8) of this section.

6. 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.

7. Chain Link Fencing. Chain link fencing is not allowed within the required front yard or required street side yard. Chain link fencing shall be black or green coated or painted along street fronts.

8. Exceptions to the fencing standards set forth in this subsection may be granted through a city permit, provided the following criteria are met:

a. The applicant has demonstrated a need for additional safety and security measures to protect the site; and

b. Reasonable alternatives which result in reduced or no deviation from the code have been considered and the applicant demonstrates that the alternatives are not reasonably feasible; and

c. The adjustment to the standards is the minimum necessary to accommodate security fencing; and

d. The exception will not create harmful impacts to public ways, adjacent properties or the safety of the general public; and

e. The proposed fencing complies with the standards listed in subsections (M)(9) and (M)(10) of this section; and

f. The applicant has provided sufficient documentation to describe the proposal, such as a cross-section and elevation of the fencing types proposed, and a site plan with the fence location and setbacks; and

g. For barbed wire fencing or electrified fencing, the owner shall agree in writing to a “hold harmless” agreement indemnifying the city against any claims related to injury from the proposed fencing.

9. Fencing Exceptions Standards – All Commercial Zones.

a. Public facilities, minor and major utility facilities, and wireless communication facilities may construct fences in accordance to the standards set forth for such facilities.

b. Fences located around potentially dangerous facilities or equipment on the interior of a site where there is a demonstrated need to provide added security and public safety may exceed the height requirements set forth in this section to a maximum height of eight feet. Examples of a demonstrated need include sites utilizing draining facilities with steep slopes, water tanks, heavy or dangerous machinery or equipment, hazardous substances, hazardous waste, etc.

10. Fencing Exceptions Standards – Interchange Commercial Zone.

a. Maximum height of a chain link fence is six feet with an additional two feet of barbed wire allowed only along the top; or eight feet total maximum height with no barbed wire.

b. Any barbed wire shall be coated or painted black or green along street fronts to match the chain link.

c. Chain link with barbed wire and electrified fencing shall be set back a minimum of 15 feet from the front lot line and any side street lot line. On existing developed sites, the director may approve reduced fence setbacks.

d. Security fencing shall be designed and located to minimize conflicts with required landscaping, and interference with canopies of required trees.

e. Minimum Landscaping. Installation of security fencing shall not reduce the required minimum landscaping. On existing developed sites, the director may approve a reduction in landscaping.

f. Electrified fencing may be allowed, subject to the following additional standards:

i. Maximum height is 10 feet.

ii. Must be located behind a nonelectrified fence or wall that is at least six feet tall.

iii. Electrified fencing located adjacent to public trails, public parking lots, public parks and other public facilities must be located behind a nonelectrified fence at a sufficient distance to prevent the public and pets from coming in contact with electrified elements, or must be located behind a wall or fence with a solid surface or closed weave, or must have other treatment designed to restrict public contact with electrified elements.

iv. Electrified fencing shall meet or exceed the following industry safety standards:

(A) Electrified fences shall be constructed and installed in conformance with the most current specifications established by the International Electrotechnical Commission (IEC).

(B) The energizer for electrified fences must be driven by a commercial storage battery not to exceed 12 volts DC.

(C) The electric charge produced by the fence upon contact shall not exceed the most current standards for energizer characteristics established by the International Electrotechnical Commission (IEC).

(D) Warning Signs. Electrified fences shall be clearly identified with warning signs that read: “Warning – Electric Fence,” at intervals of not less than 30 feet; or with otherwise adequate wording and spacing as recommended by the IEC.

N. Repealed by Ord. 2624.

O. Outdoor sales shall be allowed for espresso/coffee businesses, taverns, micro-breweries, brewpubs, bars and restaurants provided the following are met:

1. Temporary outdoor sales:

a. The outdoor area shall be set back, at a minimum, 50 feet from any residentially zoned lot.

b. The outdoor area shall be located on an impervious surface or on wood decks.

c. Outdoor sales may include alcoholic beverages provided the business is in compliance with all state regulations.

d. The outdoor area may have background music provided the volume is not audible greater than 50 feet from the source.

e. The outdoor area may be revoked or suspended by the director per SMC 18.56.230.

f. Outdoor sales on public sidewalks shall also meet the requirements under SMC 12.28.090.

2. Permanent outdoor sales standards:

a. The outdoor area shall be part of the total floor area calculation for minimum parking requirements.

b. The outdoor area shall be set back, at a minimum, 50 feet from any residentially zoned lot.

c. The outdoor area shall be located on an impervious surface or on wood decks.

d. Outdoor sales may include alcoholic beverages.

e. The outdoor area may have background music provided the volume is not audible greater than 50 feet from the source.

f. The outdoor area may be revoked or suspended by the director per SMC 18.56.230.

g. Outdoor sales on public sidewalks shall also meet the requirements under SMC 12.28.090.

P. For properties located within the area defined as East Main Street in SMC 18.43.020, the setback may be increased to 15 feet when the area between the sidewalk and the building:

1. Is utilized as usable pedestrian space such as a plaza, outdoor seating, or public art (fountain, etc.); or

2. Is used for outdoor displays of merchandise or when the displays are an intrinsic part of the nature of the business or it provides a pedestrian amenity. Examples include, but are not limited to, the display of motorized vehicles that are offered for sale, nurseries, outdoor monuments, etc. Additional landscaping may be required that is a minimum five feet wide as measured from the front property line and running parallel to the street for the entire frontage of the property, except for driveways, and meets the city of Sumner design and development guidelines.

Q. All development is subject to applicable Sumner design and development guidelines.

R. Drive-through businesses and drive-through espresso/coffee businesses located within the neighborhood commercial district (except on Main Street) or East Main Street area shall be subject to the following:

1. The drive-up service windows and queuing for cars shall not be located between the building and any street and shall be obscured from the street; and

2. The drive-through business shall have a minimum gross floor area of 500 square feet and indoor seating for at least 12 persons; and

3. The drive-through business shall have a pedestrian entrance located on the street edge with pedestrian amenities such as seating benches and tables.

S. A light manufacturing, fabrication, assembling and repairing use within the neighborhood commercial or general commercial zone may be allowed as an accessory use to a retail business, provided it meets all the following performance standards:

1. Be contained within a fully enclosed structure;

2. The operation shall not create noise, light, glare, vibration, or odor that would disturb the peace, quiet, and comfort of neighboring residents, retail uses, lodging and restaurant uses; and

3. Must have a retail component that represents at least 15 percent of the total floor area.

T. A contractor business shall be permitted an outside storage yard for materials, vehicles and equipment as an accessory use; provided, that the outside storage yard:

1. Shall not be located within the required front and side yard setbacks or approved off-street parking and loading areas; and

2. Shall only be allowed between the rear lot line and the extension of the front facade of the principal structure, and, in the case of a corner lot, the outside storage yard shall not be located between a building and a side street lot line; and

3. Shall not occupy more than 40 percent of the lot area; and

4. Shall be screened from view of an abutting public right-of-way or from future or present bicycle or pedestrian paths by a minimum of a six-foot solid fence or masonry wall and a fully landscaped 15-foot buffer. The buffer shall include at least a three-foot-high earth berm and at least 50 percent evergreen trees at least six feet in height at planting. Deciduous trees shall be a minimum of two-and-one-half-inch caliper measured three feet from the ground. All trees shall be planted no less than 20 feet apart on-center. For every 100 square feet of buffer area, at least one evergreen shrub of a minimum size of two feet shall be provided. Ground cover of a minimum two-gallon size shall be planted in the buffer area sufficient to cover the area within three years of planting. The director may modify the requirements for spacing, number and size of plantings and berm height only upon a satisfactory showing by a licensed landscape architect that an alternate proposal will accomplish the same buffering goals. Buffers should include plantings that are low maintenance and/or drought tolerant species. The director may require irrigation for buffer areas if it is necessary to ensure the long-term success of the landscaping as a buffer. The director may waive buffering requirements for the rear yard where a natural or manmade topographical feature exists that screens the outdoor storage yard.

5. At least 50 percent of the structures on site, within 150 feet of the front lot line, shall be available for retail or office uses beyond that which is required for the contractor business. Structures within 150 feet of the front lot line shall contain a minimum combined total floor area of 5,000 square feet.

U. Truck parking in the IC zone shall be screened from view of an abutting public right-of-way or from future or present bicycle or pedestrian paths. Such screening may be accomplished by either placing the truck parking behind buildings on the site, providing a landscape buffer as described herein or a combination of these methods. Landscape buffers shall include at least a three-foot-high earth berm and at least 50 percent evergreen trees at least six feet in height at planting. Deciduous trees shall be a minimum of two-and-one-half-inch caliper measured three feet from the ground. All trees shall be planted no less than 20 feet on-center. For every 100 square feet of buffer area, at least one evergreen shrub of a minimum size of two feet shall be provided. Ground cover of a minimum two-gallon size shall be planted in the buffer area sufficient to cover the area within three years of planting. The director may modify the requirements for spacing, number and size of plantings and berm height only upon a satisfactory showing by a licensed landscape architect that an alternate proposal will accomplish the same buffering goals. Buffers should include plantings that are low maintenance and/or drought tolerant species. The director may require irrigation for buffer areas if it is necessary to ensure the long-term success of the landscaping as a buffer. The director may waive buffering requirements for the rear yard where a natural or manmade topographical feature exists that screens the truck parking area. Light standards, above ground utility pipes and other structures that may be subject to damage from maneuvering trucks may be placed in the landscaped area but shall be protected by bollards, concrete barriers, or other structures capable of preventing damage.

V. Drive-through businesses and drive-through espresso/coffee businesses located within the Town Center area or located within a neighborhood commercial district on Main Street shall be subject to the following:

1. Be located in a multistory building; and

2. The drive-up service windows and queuing for cars shall not be located between the building and any street and shall be obscured from the street; and

3. The drive-through business shall have a minimum total floor area of 500 square feet and indoor seating for at least 12 persons; and

4. A building containing a drive-through business of any type shall not be located adjacent to another building containing a drive-through business of any type either on the same or an adjacent parcel.

W. Indoor emergency shelters and indoor emergency housing shall:

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

2. Be limited to no more than five families or 20 occupants, whichever is fewer;

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.

X. Permanent supportive housing and transitional housing shall:

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

2. Comply with the maximum residential density and mixed use requirements for the zone as specified in SMC 18.16.040, except that in no case shall density exceed 25 dwelling units per acre; and

3. Not be located within one-half mile of any emergency shelter or emergency housing use; or any other permanent supportive housing or transitional housing use.

Y. Vehicle Repair, Automotive Collision.

1. All reconditioning, body work, painting, dismantling and similar repair shall be conducted indoors. No outdoor storage of vehicles in disrepair is allowed, except temporary staging of a reasonable duration while awaiting repair.

2. Outdoor staging of vehicles awaiting repair is allowed, provided staging area does not exceed 200 percent of indoor repair floor area or one acre, whichever is less; and provided staging area is screened in accordance with subsection (Y)(4) of this section.

3. Outdoor staging shall only be allowed between the rear lot line and the extension of the front facade of the principal structure, provided no outdoor staging is allowed between a building and a side street lot line;

4. Outdoor staging areas shall be screened from view of adjacent commercial properties, public right-of-way and public bicycle or pedestrian paths.

a. Such screening may be accomplished by blocking sight lines with building walls, tall opaque fencing, or similar tall structures; or providing a landscape buffer as described herein; or a combination of these methods.

b. Landscape buffers shall be a minimum of 10 feet wide, shall include at least a three-foot-high earth berm and at least 50 percent evergreen trees at least six feet in height at planting. Deciduous trees shall be a minimum of two-and-one-half-inch caliper at time of planting. All trees shall be planted no less than 20 feet on-center. For every 100 square feet of buffer area, at least one evergreen shrub shall be planted, that reaches a mature size of three feet tall. Ground cover of a minimum two-gallon size shall be planted in the buffer area sufficient to cover the area within three years of planting.

5. The director may modify the requirements for screening, spacing, number and size of plantings, and berms upon a satisfactory showing by a licensed landscape architect that an alternate proposal will accomplish the same buffering goals.

Z. Odor and Emissions. Gas stations shall not create odor in such quantities as to be readily detectable beyond the boundaries of the site, or produce air emissions that are not compliant with regional, state, and federal emission standards, and shall utilize best available control technologies to reduce odors and emissions. (Ord. 2824 § 3, 2022; Ord. 2798 § 9, 2021; Ord. 2794 § 12, 2021; Ord. 2778 § 25, 2021; Ord. 2774 § 15, 2021; Ord. 2770 § 2, 2021; Ord. 2690 § 2, 2019; Ord. 2656 §§ 7, 8, 2018; Ord. 2624 § 1, 2018; Ord. 2606 § 2, 2017; Ord. 2556 § 7, 2016; Ord. 2394 § 7, 2012; Ord. 2253 § 5, 2008; Ord. 2207 §§ 3, 4, 2007; Ord. 2196 § 5, 2007; Ord. 2195 § 1, 2007; Ord. 2167 §§ 3, 4, 2006; Ord. 2147 § 11, 2005: Ord. 2134 § 25, 2005: Ord. 2088 § 9, 2004; Ord. 2040 § 4, 2003; Ord. 2022 § 4, 2003; Ord. 2015 §§ 5, 14, 2002; Ord. 1903 § 3, 1999; Ord. 1694 § 1, 1995)