Chapter 18.32
GENERAL HEIGHT, SETBACK, YARD AND AREA REGULATIONS

Sections:

18.32.010    Purpose.

18.32.020    Height.

18.32.030    Yards and open space.

18.32.040    Fence and hedge vision requirements.

18.32.010 Purpose.

It is the purpose of this chapter to ensure adequate light, air and open space quality for the general health, safety and welfare of the public. (Ord. 1694 § 1, 1995)

18.32.020 Height.

The maximum basic height regulations for all principal and accessory buildings in the various zoning districts shall be the requirements as set forth in each schedule, except as follows:

A. The height limits shall not apply to cupolas, water tanks, church spires, flagpoles, transmission lines, elevator shafts, or similar other structures. (Ord. 2573 § 8, 2016: Ord. 1830 § 25, 1998: Ord. 1694 § 1, 1995)

18.32.030 Yards and open space.

Except as provided in this section, every required yard and open space shall be open and unobstructed from the ground to the sky. No yard or open space provided around any building for the purpose of complying with the provisions of these regulations shall be considered as providing a yard or open space on an adjacent lot or parcel.

A. Yard Measurements.

1. “Front yard” means an area extending across the full width of the lot and lying between the lot front line and a line drawn parallel thereto and at a distance therefrom equal to the required front yard depth as prescribed in each classification.

2. “Side yard” means an area extending from the front yard line to the rear yard line at a depth measured from the side lot line to a line drawn parallel thereto at a distance equal to the required side yard depth as prescribed in each classification.

3. “Rear yard” means an area extending across the full width of the lot and lying between the lot rear line and a line drawn parallel thereto at a distance equal to the required rear yard depth as prescribed in each classification.

B. Yard Dimensions.

1. Reducing Setbacks. If 50 percent or more of the buildings on one side of the street and existing at the time of passage of this regulation are set back less than 15 feet in any block, then the depth of the front yard required shall be disregarded on that side of the street in that block and in lieu thereof the depth of front yard required shall be not less than the average depth of the front yards existing at the time of passage of these regulations, and in no case shall the front yard be less than 15 feet.

2. Increasing Setbacks. If the front yard setback of single-family houses (including covered porches) existing at the time of passage of these regulations have a front yard setback greater than 15 feet, then the depth of the front yard setback required for a structure (including a covered porch) shall be not less than the depth of the front yards of single-family houses adjacent to the side property lines, and in no case shall the minimum front yard setback be required to be more than 25 feet.

C. Permitted Intrusions into Required Yards. 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 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 no 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.  Open, unenclosed, unroofed decks, providing, however, that said decks are constructed at grade elevations, or in no event exceed 30 inches above grade and not over any basement or story below.

6. Planting boxes or masonry planters not exceeding 30 inches in height.

7. Additions of accessory structures such as stairs or balconies, covered porches 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 lot, or in back of the front 75 feet of the lot, are permitted not closer than three feet to side property lines nor 10 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.

D. Solar Access Requirements.

1. Affected Zones. The provisions of this section apply to the LDR, MDR, HDR, NC and GC zones.

2. Affected Structures. The provisions of this section apply to all new primary and accessory structures and expansions of existing structures for permitted, conditional and nonconforming uses, which measure in height greater than 18 feet as measured from the ridge line to finished grade.

a. For purposes of this section, structures with north-south ridge lines and roof slopes greater than 5:12, the building height shall be measured from finished grade to the average roof height.

3. Special Solar Access Definitions. The following definitions are for use in conjunction with solar access design regulations:

a. “Exempt structures” are chimneys, radio and television aerials, satellite dishes less than four feet in diameter or utility poles.

b. “Exempt trees and vegetation” are those which may grow to their mature height and breadth not to exceed 24 feet and are considered to be deciduous.

c. “Northern lot lines” are those lines at an angle of 45 degrees or less from a line drawn due east-west and intersecting the northernmost point of the lot. The pole of a flag lot is excepted. If no such line exists, the line nearest to 45 degrees shall be used. If the north side of a lot is adjoining an unbuildable area, the northern lot line shall be at the northerly edge of the unbuildable area.

d. “Solar setback” is the minimum distance the structure must be located to the south of the northern lot line. The solar setback shall run parallel to the northern lot line.

e. “South wall” is any wall of a dwelling oriented no more than 45 degrees from due south.

f. “Unbuildable areas” are where habitable structures are not permitted. Areas may include: rights-of-way, private roads and commonly owned open space of parking areas. Required yard areas are not considered unbuildable areas.

g. “Shade point” shall be one of the following:

i. The maximum building height.

ii. The ridge of a structure with an east-west ridge and the roof slope is greater than 5:12.

iii. The eave of a structure with an east-west ridge and the roof slope is less than 5:12.

4. Solar Setback Requirements. Structures shall be set back from the northern lot line a minimum of five feet plus the distance equal to the height of the shade point above 18 feet, but in no case less than the required yard setbacks. Setback distances greater than the required yard setbacks shall be measured from the north lot line to the shade point. It is possible for structures to have more than one setback with respective setback requirements. (Ord. 2193 § 5, 2007: Ord. 1786 § 4, 1997; Ord. 1694 § 1, 1995)

18.32.040 Fence and hedge vision requirements.

A. 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. 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 paragraph, 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 requirements of the King County Washington Surface Water Design Manual, as well as any other applicable regulations of the Sumner Municipal Code. Chain link fences used to enclose drainage detention ponds or other drainage facilities are required to be green or black coated or painted. (Ord. 2022 § 6, 2003; Ord. 1694 § 1, 1995)