Chapter 18.30
EAST SUMNER URBAN VILLAGE OVERLAY DISTRICT (ESUV)

Sections:

18.30.010    Purpose.

18.30.020    Districts where permitted.

18.30.030    Principal and conditional uses.

18.30.040    Reserved.

18.30.050    Accessory residential uses.

18.30.060    Prohibited uses.

18.30.070    Conditional use criteria – Urban village.

18.30.080    Property development standards.

18.30.090    Performance standards.

18.30.100    Streets and alleys.

18.30.110    Private roads (ESUV).

18.30.010 Purpose.

The ESUV district is intended to be a neighborhood oriented area with a mix of residential, commercial, and civic uses that serve the neighborhood and the larger region with goods and services. The area features a wide range of types of residences, from single-family, to townhouse and multiple-family residential buildings. Motor vehicles are accommodated in the street designs and parking areas, yet the ESUV district strongly promotes a pedestrian scale through streetscape improvements, sidewalks, building locations, signage and pedestrian oriented development. An improved street grid system provides efficient circulation and supports transit. Though it features urban uses and development types, the neighborhood retains much of its original open character through landscaping and protection of the natural areas around Salmon Creek. (Ord. 2534 § 1 (part), 2015: Ord. 2436 § 2, 2013: Ord. 1694 § 1, 1995)

18.30.020 Districts where permitted.

The East Sumner urban village overlay may be applied with resource protection, LDR, MDR, HDR, NC and GC base designations. The extent of the urban village overlay district shall be consistent with the comprehensive plan land use map. (Ord. 2774 § 25, 2021; Ord. 2534 § 1 (part), 2015: Ord. 1694 § 1, 1995)

18.30.030 Principal and conditional uses.

A. Residential Districts. Permitted principal, accessory, and conditional uses in the ESUV shall be the same as those specified in the underlying zoning districts for the LDR, MDR, and HDR districts, except that:

1. Apartments and multifamily residential uses are allowed as a permitted principal use in the ESUV/MDR and ESUV/HDR districts;

2. Senior housing may be allowed only through a planned residential development, pursuant to chapter 18.24 SMC;

3. Professional offices and services shall not be allowed in the ESUV/MDR or ESUV/HDR district as a conditional use;

4. Accessory parking for retail and eating and drinking establishments within the NC/ESUV zone may be allowed within the adjacent ESUV/MDR zone; provided, that the portion of the accessory parking within the ESUV/MDR zone is located no more than 100 feet from said use and is no more than 50 percent of the total required parking stalls for said use; and

5. Landscaping, pedestrian amenities and open space as required for a retail and eating and drinking establishments within the NC/ESUV zone may be allowed within the adjacent ESUV/MDR up to 50 percent of the total required area.

B. Commercial Districts. Those uses listed below shall govern the uses permitted and conditionally permitted where the base designations GC and NC are combined with the ESUV overlay district. 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/ESUV	GC/ESUV
1.	Accessory parks and recreation facilities for use by on-site employees or residents	P	P
2.	Adult entertainment businesses subject to chapter 18.38 SMC	--	--
3.	Artist’s studio and workshop having a retail component	P2	P
4.	Automotive and motorized vehicle sales and rental agencies	--	P
5.	Business and consumer service	P	P
6.	Banks, business and professional offices and drive-up banking, including medical office buildings and similar activities	P	P
7.	Bed and breakfasts and tourist homes	P	P
8.	Car wash	--	P
9.	Wireless communication facilities	See chapter 18.37 SMC	See chapter 18.37 SMC
10.	Cemeteries	--	--
11.	Churches	P	P
12.	Convenience store	P	P
13.	Dancehalls	--	CUP
14.	Drive-through businesses1	--	P
15.	Existing residential dwellings lawfully constructed as of the effective date of this title	P	P
16.	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
17.	Gasoline service stations and convenience stores with gasoline sales	--	--
18.	Health and fitness club	P3	P
19.	Hospitals	--	CUP
20.	Hotels, excluding motels	--	P
21.	Mass transit systems including, but not limited to, bus stations, train stations, transit shelter stations, and park and ride lots	CUP	CUP
22.	Minor utility facility	P	P
23.	Multifamily dwellings, including apartments, subject to density maximums in SMC 18.30.080(B) and locations as applicable in SMC 18.30.040	P	P
24.	Public parks and public recreation facilities	P	P
25.	Personal services including barber and beauty shops, photographic studios, and tailor/dressmaking shops	P	P
26.	Private clubs, lodges, fraternal organizations, union halls and social halls	CUP	P
27.	Public facilities	CUP	CUP
28.	Private off-street parking lots	CUP	P
29.	Public off-street parking lots	P	P
30.	Regional community center	P	P
31.	Restaurants	P	P
32.	Retail business	P	P
33.	Schools, colleges, and universities	CUP	P
34a.	Senior housing including retirement homes and senior apartments, assisted living facilities, continuing care communities, board and care homes, hospices, or nursing homes, subject to density maximums and locations specified in SMC 18.30.080(B) and 18.30.090	P	P
34b.	Senior housing that exceeds the density maximums and other standards of SMC 18.30.080(B), subject to the locations specified in SMC 18.30.090	PRD	PRD
35.	Streets	P	P
36.	Taverns, micro-breweries, brew pubs, and bars	P	P
37.	Theaters and other enclosed commercial recreation establishments such as bowling alleys and arcades	CUP4	P
38.	Unenclosed commercial recreation establishments such as driving ranges, miniature golf, and miniature airplane field	CUP	CUP
39.	Vehicle repair, minor	--	P
40.	Veterinary clinics, excluding outdoor boarding kennels	--	P
41.	Vocational or fine arts school except on the ground floor	--	P
42.	Water towers and water supply plants	CUP	CUP
43.	Retail and wholesale nurseries and greenhouses	P	P
44.	Temporary homeless encampments in accordance with SMC 18.36.060	CUP	CUP
45.	Funeral homes, mortuaries, and funeral parlors	P	P
46.	Accessory uses to an existing mineral extraction use5	--	CUP
47.	Indoor emergency shelters6	--	CUP
48.	Indoor emergency housing6	--	CUP
49.	Permanent supportive housing7	CUP	CUP
50.	Transitional housing7	CUP	CUP
51.	Behavioral health facility, inpatient	CUP	CUP
52.	Behavioral health facility, outpatient	CUP	CUP
53.	Opioid treatment program, mobile unit	CUP	CUP
54.	Group home, large	P	P
55.	Secure community transition facility	--	CUP
56.	Essential public facilities not otherwise listed above	CUP	CUP

1Drive-through businesses and drive-through espresso/coffee businesses within the area defined as East Main Street in SMC 18.43.020 and in the GC district within the Town Center Plan area shall meet the provisions of SMC 18.16.080(T).

2Artist studios shall not exceed 3,000 square feet in gross floor area not counting the retail component.

3Health and fitness clubs shall not exceed 3,000 square feet in gross floor area.

4Theaters and other enclosed commercial recreation establishments shall not exceed 10,000 square feet in gross floor area.

5Accessory uses to an existing mineral use may be allowed as follows:

a. Equipment maintenance, repair and storage;

b. Mineral conveying, sorting, screening, washing, storage, crushing, and loading;

c. On-site mineral processing, including concrete batching, concrete recycling and other mineral recycling, but does not include asphalt batching;

d. Administrative offices and sales of mineral, soil and compost products;

e. Light manufacturing of precast concrete products;

f. The operation shall not create:

i. Noise in violation of chapter 8.14 SMC;

ii. Light, glare or vibration in any amount determined to disturb the peace, quiet, and comfort of neighboring residents, business or properties;

g. All mechanical devices shall be screened from surrounding properties and public streets and shall be so operated that they do not disturb the peace, quiet and comfort of neighboring residents;

h. Consistent with the city’s comprehensive plan maps, the property shall continue to be designated a mineral resource land pursuant to chapter 16.44 SMC.

6See performance standards in SMC 18.30.090(G).

7See performance standards in SMC 18.30.090(H).

(Ord. 2878 § 29, 2024; Ord. 2848 § 1, 2023; Ord. 2824 § 5, 2022; Ord. 2812 § 13, 2022; Ord. 2794 § 17, 2021; Ord. 2774 § 26, 2021; Ord. 2701 § 1, 2019; Ord. 2696 § 1, 2019: Ord. 2656 § 9, 2018: Ord. 2642 § 5, 2018; Ord. 2615 § 9, 2017; Ord. 2550 § 3, 2015; Ord. 2534 § 1 (part), 2015: Ord. 2436 § 3, 2013: Ord. 1830 § 24, 1998; Ord. 1694 § 1, 1995)

18.30.040 Reserved.

Repealed by 2812. (Ord. 2774 § 27, 2021; Ord. 2701 § 2, 2019; Ord. 2534 § 1 (part), 2015)

18.30.050 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. 2534 § 1 (part), 2015: Ord. 1694 § 1, 1995. Formerly 18.30.040)

18.30.060 Prohibited uses.

Any use or structure not listed under permitted principal, accessory or conditional uses is prohibited in the urban village overlay district unless authorized in chapter 18.36 or 18.46 SMC. Metal storage containers are regulated per SMC 18.16.050 and 18.18.045. (Ord. 2534 § 1 (part), 2015: Ord. 2436 § 4, 2013: Ord. 1694 § 1, 1995. Formerly 18.30.050)

18.30.070 Conditional use criteria – Urban village.

The following criteria shall be met, in addition to the criteria contained in SMC 18.48.050, for conditionally allowed uses in the ESUV district:

A. The proposed use shall support the goals, policies and objectives of the community character element of the Sumner comprehensive plan.

B. The proposed use shall promote a pedestrian orientation.

C. The proposed use shall include a landscape plan that identifies the materials used to screen parking and provide for attractive yards and common open space, if applicable. Where the conditional use abuts lots with residential uses a six-foot masonry wall or wood fence shall be constructed and maintained along the property line that abuts the residential uses, except that fences and walls located within the required front or street side yard shall not exceed a height of three feet.

D. The proposed use shall meet the applicable city of Sumner design and development guidelines based on the type of development proposed as determined by the director. Types of developments are listed in SMC 18.40.020(C). (Ord. 2534 § 1 (part), 2015: Ord. 2436 § 5, 2013: Ord. 1694 § 1, 1995. Formerly 18.30.060)

18.30.080 Property development standards.

A. Unless otherwise stated in this section, new development must comply with the development and performance standards in the base zoning district. The development standards for the ESUV/LDR zones are the same as the base zone districts in chapter 18.12 SMC. Multifamily residential uses are subject to the ESUV development standards in this section and the ESUV/NC and ESUV/GC performance standards in SMC 18.30.090.

B. The dimensional standards for properties in the ESUV overlay district are in the table below, except that:

1. Multifamily residential uses are subject to the ESUV development standards in this section and the ESUV/NC and ESUV/GC performance standards in SMC 18.30.090; and

2. Zero lot line subdivisions and zero lot line short subdivisions in the ESUV/MDR and ESUV/HDR district are subject to the development standards for zero lot line developments in SMC 18.14.070.

Development Standard	ESUV/NC	ESUV/GC	ESUV/HDR	ESUV/MDR
1. Minimum lot area in SF	4,500	5,000	5,000	4,000
2. Minimum lot width in feet	45	50	50	40
3. Minimum lot depth in feet	100	100	100	100
4. Front yard setback in feet	0	0	See city of Sumner design guidelines	See city of Sumner design guidelines
5. Rear yard setback in feet	0, unless abutting a residential zone then 20	0, unless abutting a residential zone then 20	See city of Sumner design guidelines	See city of Sumner design guidelines
6. Interior side yard setback in feet	0, unless abutting a residential zone then 20	0, unless abutting a residential zone then 20	See city of Sumner design guidelines	See city of Sumner design guidelines
7. Street side yard in feet	0	0	See city of Sumner design guidelines	See city of Sumner design guidelines
8. Required landscaped setback along any common boundary with residentially zoned property	See chapter 18.41 SMC	See chapter 18.41 SMC	Same as for HDR base zoning. See also chapter 18.41 SMC	Same as for MDR base zoning. See also chapter 18.41 SMC
9. Minimum street frontage in feet	35	35	35	35
10. Maximum development density in dwelling units per net acre	26	40	40	26
11. Maximum lot coverage by a permanent structure	NA	NA	NA	NA
12. Maximum building height in feet	45	45	45	35
13. Maximum floor area ratio	NA	NA	NA	NA
14. Minimum landscaped open space (% of property area)	See city of Sumner design guidelines	See city of Sumner design guidelines	See city of Sumner design guidelines	See city of Sumner design guidelines

The development standards for the LDR/ESUV zones are the same as the base zone districts. (Ord. 2842 § 16, 2023; Ord. 2812 § 15, 2022; Ord. 2701 § 3, 2019; Ord. 2534 § 1 (part), 2015: Ord. 2444 § 2, 2013: Ord. 2436 § 6, 2013: Ord. 1694 § 1, 1995. Formerly 18.30.070)

18.30.090 Performance standards.

A. Required Landscaping. For each development in the urban village district where the ESUV overlay is combined with HDR, MDR, NC, or GC base designations, a landscape plan shall be prepared to address landscaping of yards and screening of parking, and shall be submitted for approval by the development services director. The requirements of the city of Sumner design and development guidelines shall be met. Landscape plans shall be prepared and submitted in accordance with chapter 18.41 SMC.

B. Expansion of Specified Existing Uses. Existing residential dwellings lawfully constructed as of the effective date of 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.

C. As applicable, the provisions of the city of Sumner design and development guidelines shall be met for new development, except that the following performance standards shall apply, and the design and development guidelines shall not supersede the standards of this section:

1. Community gathering places provided for public use in private development may count toward the common open space requirement in design guidelines.

2. New development at “pedestrian activity nodes” shown in the East Sumner Neighborhood Plan shall feature pedestrian amenities and shall have building setbacks deep enough to accommodate gathering areas such as plazas.

3. Building height shall be limited to four stories at the following locations: the blocks adjacent to the corners of Main Street East/60th Street East and 160th Avenue East, Main Street East/60th Street East and Parker Road, Main Street East/60th Street East and 162nd Avenue East; and along 160th Avenue East; and around the central wetlands preserve. The blocks where this applies are generally a depth of 300 feet from the street right-of-way, as determined by the director. Building height in these locations shall not be superseded by height exceptions in the design guidelines.

D. Banks, vehicle repair, drive-in businesses, car washes, gas stations, automotive sales, and other auto-oriented uses are not permitted in the ESUV/NC zone and, where allowed, shall meet the following provisions:

1. The buildings shall have a maximum front yard setback of 10 feet, except the maximum front yard setback shall be 25 feet when the primary pedestrian street is a principal arterial;

2. Drive-in businesses that are not adjacent to a principal arterial shall meet the performance standards set forth in SMC 18.16.080(T). Regardless of location, all drive-up windows and queuing for cars shall be located behind buildings and obscured from the primary pedestrian street; and

3. Building openings/bays shall be oriented away from the primary pedestrian street; retail portions of the buildings may orient to the primary pedestrian street.

E. Multifamily Residential and Mixed Uses.

1. ESUV/NC District. In the ESUV/NC district multifamily residential uses are allowed as part of a mixed-use structure or detached single-use structure located to the side or rear of the mixed-use structure or commercial building(s); provided, that:

a. The ground floor fronting Main Street East, 60th Street East or the portion of 160th Avenue East south of Main Street East shall be occupied by a commercial use or is transitional residential to commercial space. “Transitional residential to commercial space” means a space designed with architectural and structural features that facilitate future conversion to commercial space, such as: building setbacks suitable for commercial, first floor ceiling height suitable for retail, modules of doors and windows in a pattern similar to a retail storefront, structural features and materials that allow wall sections to be demolished to accommodate windows and doors.

b. Senior housing is allowed in the ESUV/NC district as part of a mixed-use development; provided residential uses are not allowed on the ground floor fronting Main Street East/60th Street East and other street frontages within the ESUV/NC district. Adjustments to development standards, density and building height may be allowed for senior housing through a planned residential development, pursuant to chapter 18.24 SMC.

2. ESUV/GC District. In the ESUV/GC district multifamily residential developments are permitted as part of a mixed-use development with commercial uses, except as follows:

a. Senior housing is a permitted use in the ESUV/GC district, except that single-family homes, zero lot line homes, cottage housing, duplex dwellings, and townhomes for seniors are allowed only as a secondary use in a development that is primarily senior apartments.

b. Senior apartments or senior retirement homes may be located on the ground floor in the ESUV/GC district with no commercial component; provided, residential uses are not allowed on the ground floor fronting Main Street East/60th Street East.

c. Adjustments to development standards, density and building height may be allowed for senior housing through a planned residential development, pursuant to chapter 18.24 SMC.

d. In the area south of 64th Street East no multifamily residential uses or senior housing are allowed.

3. A mixed-use development shall have mixed-use structures and may have a combination of mixed-use and single-use residential structures; provided, that the mixed-use structures shall be completed prior to occupancy of the single-use residential structures.

a. Mixed-use structures shall have direct pedestrian access to the primary street and shall have ground floor commercial uses along the entire length of the building facing the primary street.

b. Single-use residential structures shall be located to the side or rear of mixed-use structures and not adjacent to the primary street.

4. Multifamily development in the ESUV shall comply with the off-street parking ratios required in chapter 18.42 SMC, except that the number of visitor stalls may be reduced at a 1:1 ratio for each charging station provided for electric vehicles, electric bikes and scooters.

5. 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.

F. Fences. Fencing for development within the ESUV overlay district shall meet the following standards:

1. Within ESUV/NC and ESUV/GC fencing shall meet the standards for the neighborhood commercial and general commercial districts specified in SMC 18.16.080(M).

2. Within ESUV/LDR, ESUV/MDR and ESUV/HDR fencing shall meet the standards specified in the underlying zoning districts.

G. 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. Comply with the performance standards of SMC 18.30.090, including location requirements;

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

4. 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.

H. 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 performance standards of SMC 18.30.090, including location;

3. Not exceed a maximum housing density of 25 dwelling units per acre;

4. 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. (Ord. 2812 § 16, 2022; Ord. 2794 § 18, 2021; Ord. 2774 § 28, 2021; Ord. 2770 § 1, 2021; Ord. 2534 § 1 (part), 2015: Ord. 2436 § 7, 2013: Ord. 1694 § 1, 1995. Formerly 18.30.080)

18.30.100 Streets and alleys.

A. Walkable Street Grid. The East Sumner Neighborhood Plan Area is intended to contain a gridded street pattern including streets and alleys to increase connectivity and promote walkability; therefore, through streets generally following the established alignment with existing streets shall be required. These street/alley alignments along with pedestrian and bike corridor connections are shown generally on the circulation improvements map in the East Sumner Neighborhood Plan. The public works director may make alterations to the alignments when:

1. The affected street or alley sections are contained within one parcel or group of parcels subject to a land use permit; and

2. The modified alignment does not affect street or alley locations on other parcels.

B. Street improvements should include separated sidewalks at least six feet wide; street trees; and bicycle lanes on Main Street, 60th Street East, 160th Avenue East, and 64th Street East, where safe and practicable to do so. Mid-block connections should include accessible surfacing, landscaping, and pedestrian amenities.

C. Street improvements and multimodal corridors shall comply with city’s adopted cross-sections for the ESUV.

D. Pedestrian activity nodes identified in the East Sumner Neighborhood Plan shall feature landscaping, traffic calming, crosswalks and other pedestrian-friendly features, as deemed appropriate by the public works director.

E. Mid-Block Connections. The East Sumner Neighborhood Plan Area promotes a pedestrian-friendly environment that encourages multimodal connections throughout the neighborhood. These connections promote a complete street grid, bicycle and pedestrian connections, and a walkable neighborhood. Mid-block connections and multimodal corridors shown in the East Sumner Neighborhood Plan shall be implemented as follows:

1. Multimodal or mid-block connection means a corridor that provides pedestrian/bike and/or vehicular access. These locations are designated generally as “mid-block connections” in the ESNP circulation improvements map.

2. These mid-block connections shall be provided where feasible when major new construction and minor new construction occur as defined in SMC 18.43.020.

3. To provide a mid-block connection, the property owner shall grant an easement, running with the land, allowing public ingress and egress along the corridor. Prior to issuance of a building permit for minor new construction, such easement shall be recorded in the public records of Pierce County and constitute a covenant running with the land.

4. Buildings shall not be located in such a way as to block designated mid-block connections.

5. When major new construction occurs on properties that have designated mid-block connections, such connections shall be constructed as a part of the development. (Ord. 2774 § 29, 2021; Ord. 2534 § 1 (part), 2015: Ord. 2253 § 4, 2008. Formerly 18.30.090)

18.30.110 Private roads (ESUV).

Private roads shall be configured in such a manner as to promote a gridded street pattern of development that allows these private roads to function similar in character and scale as public streets, reducing distance between blocks and maintaining pedestrian scale and walkability. Said private road shall remain ungated unless: (A) it can be demonstrated, to the satisfaction of the director, that a gate is needed for the safety and security of the residents; and (B) that a gate does not inhibit overall connectivity of the larger neighborhood; and (C) where it is determined such connectivity would be inhibited a development shall contain an ungated pedestrian access that traverses the site. (Ord. 2851 § 13, 2023; Ord. 2842 § 17, 2023; Ord. 2534 § 1 (part), 2015: Ord. 2444 § 3, 2013. Formerly 18.30.100)