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Title 16
UNIFIED DEVELOPMENT CODE*Chapters:
Division I. General Provisions
16.01 General Provisions
Division II. Zoning Districts
16.08 Establishment of Zoning Districts
16.10 Planned Unit Development District
16.12 Permitted Uses and Tables of Dimensional and Density Requirements
Division III. Site Development Regulations
16.16 General Regulations
16.18 Nonconformances
Division IV. Performance Standards
16.20 Performance Standards – General
16.24 Standards for Infill Development in Residential Areas
16.25 Accessory Dwelling Units
16.28 Subdivision Regulations
16.32 Water and Sewer Engineering Standards
16.36 Reserved
16.40 Building Placement
16.44 Supplemental Standards for Special Residential Uses
16.48 Supplemental Standards for Home Occupations
16.52 Manufactured/Mobile Housing
16.56 Nonresidential Performance Standards
16.60 Off-Street Parking and Loading Standards
16.64 Reserved
16.68 Repealed
16.72 Recreational and Open Space Standards
16.76 Vegetation Protection Standards
16.80 Critical Areas Regulations (CAR)
16.84 Repealed
16.88 Wellfield/Groundwater Protection Regulations
16.92 Stormwater Management Performance Standards
16.96 Shoreline Management
16.100 Repealed
16.104 Landscaping
Division V. Concurrency Management System
16.108 Concurrency Management System
16.112 Development Impact Fees
16.116 School District Impact Fees
Division VI. Administration
16.120 Administration
16.124 Public Hearings
16.128 Amendments
Division VII. Enforcement
16.132 Enforcement and Penalties
16.134 Annual Comprehensive Plan Amendment Procedures
16.136 Notices and Orders to Correct and/or Abate
16.140 Suspension and Revocation of Permits
16.144 Recovery of Civil Penalty and Cost of Abatement
Division VIII. Definitions
16.150 Definitions
*Prior legislation: Ords. 453, 494, 527 and 608.
Division I. General Provisions
Chapter 16.01
GENERAL PROVISIONSSections:
16.01.010 Purpose and scope.
16.01.020 Rules for construction of language.
16.01.010 Purpose and scope.
The purpose of the unified development code is to establish standards, procedures, and minimum requirements to achieve the following general intentions and purposes of the city of Sultan:
A. To establish regulatory procedures and standards for review and approval of all proposed development in the city.
B. To foster and preserve public health, safety, comfort, and welfare, and to aid in the harmonious, orderly, aesthetically pleasing, and socially beneficial development of the city, in accordance with the comprehensive plan.
C. To adopt a development review process that is:
1. Efficient, in terms of time and expense;
2. Effective, in terms of addressing the natural, historic, and aesthetic resources and public facility implications of any proposed development, while also protecting and improving the quality of life in the city; and
3. Equitable, in terms of consistency with established regulations and procedures, respect for the rights of all property owners, and consideration of the interests of the citizens and residents of the city.
D. To implement the comprehensive plan of the city by:
1. Establishing regulations and conditions governing the erection and use of buildings and other structures and the uses of land planned for the future as specified in the comprehensive plan;
2. Securing safety from fire, panic, and other dangers;
3. Lessening automobile congestion of the streets;
4. Providing for adequate light and air;
5. Preventing the overcrowding of land;
6. Avoiding undue congestion of population and facilitating the adequate provision of transportation, potable water, sanitary sewage disposal, schools, parks, and other public requirements of the city;
7. Dividing the city into zoning districts, defining certain terms, designating the uses and intensities thereof that are permitted in the different districts, and providing lot size and other dimensional and density requirements;
8. Establishing performance standards that apply to all new development as well as the redevelopment of all lands in the city;
9. Continuing a planning commission, including the composition of its membership and powers and duties of said commission;
10. Defining the functions of the building and zoning official, planning commission, and city council and other relevant agencies with respect to the administration and enforcement of this unified development code.
E. To regulate the subdivision of land to ensure that adequate drainage facilities are provided in developing portions of the city; to promote coordinated land development; and to require uniform monumenting of land subdivisions and conveyance by accurate legal description.
F. To regulate the division of land into four or fewer lots, parcels, sites, or subdivisions.
G. To be consistent with the city of Sultan’s comprehensive plan by ensuring that all development in the city will be served by adequate public facilities.
H. To require that all new land development activity contribute its proportionate share of the funds, land, and/or public facilities necessary to accommodate the impacts that such new development has on public facilities and services having a rational nexus to the proposed development and for which the need is reasonably attributable to the proposed development.
I. To provide for a penalty for the violation of this unified development code. (Ord. 630 § 2 [16.01], 1995)
16.01.020 Rules for construction of language.
The following rules of construction apply to the text of this unified development code:
A. The particular shall control the general.
B. In case of any difference of meaning or implication between the text of this unified development code and any caption, illustration, summary table, or illustrative table, the text shall control.
C. The word “shall” is always mandatory and not discretionary. The word “should” is permissive and is discretionary.
D. Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
E. A “building” or “structure” includes any part thereof.
F. The phrase “used for” includes “arranged for,” “designed for,” “maintained for” or “occupied for.”
G. The word “person” includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
H. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction “and,” “or,” or “either or,” the conjunction shall be interpreted as follows:
1. “And” indicates that all the connected items, conditions, provisions, or events shall apply.
2. “Or” indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.
3. “Either/or” indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.
I. The word “includes” shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.
J. The use of any gender-based pronoun shall not be construed to be gender-biased, but is only used for grammatical simplicity. (Ord. 630 § 2 [16.04.10], 1995)
Division II. Zoning Districts
Chapter 16.08
ESTABLISHMENT OF ZONING DISTRICTSSections:
16.08.010 Establishment of zoning districts.
16.08.020 Establishment of zoning maps.
16.08.010 Establishment of zoning districts.
The city of Sultan is hereby divided into six zoning districts as follows:
A. Low/moderate density zone (LMD);
B. Moderate density zone (MD);
C. High density zone (HD);
D. Urban center zone (UC);
E. Highway-oriented development zone (HOD);
F. Economic development zone (ED). (Ord. 630 § 2[16.02], 1995)
16.08.020 Establishment of zoning maps.
A. The boundaries and identification of the zoning districts established by this unified development code are shown on the zoning map which is filed in the office of the city clerk/treasurer (with copies in the office of the building and zoning official). Said map is hereby declared to be part of this unified development code as fully as set out herein.
B. No building or land shall be used and no building shall be erected or altered except in conformity with the regulations herein prescribed for the district designated and identified on the zoning district map in which such building, land, or water is located.
C. Interpretation of the Zoning Map.
1. Zoning district boundaries are shown as heavy solid lines on the zoning map and may be superimposed on lighter lines designating platted lot lines, streets, and other physically identifiable ground features, unless specific distances in feet or angles, bearings, radii, or other references to a boundary line located are specified.
2. Zoning district boundary lines, when located in streets or other public rights-of-way shall be interpreted as being located in the center line of such rights-of-way. When distances expressed as linear footage are shown between a zoning district and a street, the distance shall be interpreted as being between said boundary line and the center line of said street, unless otherwise specified.
3. Boundary lines between zoning districts which are interrupted on the zoning map to show street names or other identification numbers shall be interpreted as extending through such identification, unless otherwise specified.
4. When the exact location of a zoning district boundary line is not clear, it shall be determined by the building and zoning official, with due consideration given to the location as indicated by the scale of the zoning map. When, for any reason, the streets or alleys as they actually exist on the ground differ from the depiction of said streets and alleys as they are shown on the zoning map, the building and zoning official may apply the district designations on the map to the streets on the ground in such manner as to conform to the intent and purpose of this unified development code.
5. Where a zoning district boundary line shown on the zoning map divides a lot of record at the time of the adoption of this unified development code, the property owner shall have the option of choosing either of the two districts to apply to the entire lot area, or may subdivide the lot to retain both districts as mapped; provided, that all of the standards and requirements of the relevant performance standards can be met. (Ord. 630 § 2 [16.03], 1995)
Chapter 16.10
PLANNED UNIT
DEVELOPMENT DISTRICTSections:
16.10.010 Purpose and goals of PUDs.
16.10.020 PUD as an overlay zone.
16.10.030 Types of PUDs.
16.10.040 Master plans.
16.10.050 Who may apply.
16.10.060 Team development, preapplication conference and neighborhood meeting.
16.10.070 Preliminary PUD application – Contents and fees.
16.10.080 Preliminary PUD process review.
16.10.090 Authority to approve, condition or deny preliminary PUD.
16.10.100 Criteria for location and approval – Retail center PUDs.
16.10.110 Criteria for location and approval – Residential PUDs.
16.10.120 Residential PUD density increases and development standards.
16.10.130 Reserved.
16.10.140 Open space requirements.
16.10.150 Expiration of preliminary PUD.
16.10.160 Final PUD review and approval.
16.10.170 Final PUD acknowledgments – Filing – Copies – Recording.
16.10.180 Building permits.
16.10.190 Minor changes and amendments to final PUD.
16.10.200 Expiration of final PUD.
16.10.210 Periodic review of building permits for consistency with approved PUD.
16.10.010 Purpose and goals of PUDs.
A. The planned unit development (PUD) district is an alternative to conventional land use regulations, combining use, density and site plan considerations into a single process. The PUD is intended to be a zoning map designation, applied to a parcel of land only after a site-specific and project-specific review of proposed land uses, densities and site plan considerations to ensure compliance with the provisions of the adopted Sultan comprehensive plan, development regulations, the Growth Management Act, specifically RCW 36.70A.090 providing for innovative land use management techniques, and to ensure compatibility of design with existing, adjacent uses.
B. The PUD district is specifically intended to encourage diversification in the use of land insofar as what is allowed in the relevant sections of the comprehensive plan and to allow flexibility in site design in all specified zoning districts with respect to spacing, heights and setbacks of buildings, densities, critical areas, open space, parking, accessory uses, landscaping, and circulation elements; innovation in residential development that results in the availability of adequate affordable housing opportunities for varying income levels; more efficient use of land and energy through smaller utility and circulation networks; pedestrian considerations; and development patterns in harmonious relationships with nearby areas and in consideration and support of the goals and objectives of the comprehensive plan for the city.
C. The PUD chapter is further intended to implement the planned retail center provisions of the comprehensive plan, providing the site-specific and project-specific review required by the comprehensive plan retail policies prior to locating the planned retail centers as identified in the comprehensive plan.
D. Because of the size of sites in proportion to their critical and natural features, the provisions of this chapter provide flexibility in the use of land and the placement and size of buildings in order to better utilize the special features of sites and to obtain a higher quality of development. PUD applicants are motivated to incorporate high levels of amenities, which meet public objectives for protection and preservation of our critical areas, site enhancing natural features, and preservation of open space amenities through the use of bonus density incentives. These will provide for urban densities while encouraging developments which provide a desirable and stable environment in harmony with that of the surrounding areas. (Ord. 793-02 § 1)
16.10.020 PUD as an overlay zone.
The PUD, once approved, shall constitute an “overlay” zone and shall be labeled as such on the official zoning map of the city of Sultan. For each property that receives a PUD approval, the zoning map shall also identify a “fallback” underlying zone, which in most cases shall be the existing zoning designation of the property at the time of PUD application. This fallback underlying zoning shall govern development of the site in the event the approved PUD expires without development of the approved project. The overlay PUD shall be identified within parentheses “( )” on the official zoning map of the city of Sultan. At such time as the approved PUD is completely developed, the fallback zoning designation shall be removed from the official zoning map and the property shall be principally zoned one of the type of PUD zones listed in SMC 16.10.030. (Ord. 793-02 § 1)
16.10.030 Types of PUDs.
The following types of PUDs are hereby established as overlay zones:
A. Retail Center PUDs. These PUD zones are created to implement the planned retail centers policies of the comprehensive plan. A retail center PUD may only be approved if the site is located within the area identified in the comprehensive plan for a planned retail center. It may occur with any existing underlying zone, as explained in SMC 16.10.020, and does not require one of the commercial zoning districts. One type of retail center PUDs are identified in the comprehensive plan:
1. PUD-Planned convenience retail (PUD-PCvR).
B. Residential PUDs. These PUD zones are created to provide for greater flexibility in residential design from underlying zoning standards, to encourage provision of affordable housing and to allow for a limited amount of increased residential density if PUD review is completed. Each residential PUD shall have a “base density” determined by the maximum density permitted by the underlying residential zoning designation. Bonus density above the base density may then be approved, based on the density bonus considerations described in SMC 16.10.120. A PUD-MF shall only be permitted in areas identified as appropriate for multifamily development in the comprehensive plan and adopted subarea plans or neighborhood plans. A PUD-SF shall only be permitted in areas identified as appropriate for single-family development in the comprehensive plan. A PUD-MHP shall only be permitted on properties with underlying LMD and MD zoning. There are three types of residential PUDs:
1. PUD-Single-family (PUD-SF);
2. PUD-Multifamily (PUD-MF);
3. PUD-Manufactured home/manufactured home park (PUD-MHP). (Ord. 793-02 § 1)
16.10.040 Master plans.
A. When the total project is to be developed in phases and the applicant does not expect the phases to be developed within the time frames specified for expiration of preliminary and final PUDs, the applicant may file a general master plan, including essential proposed land use information (land use, densities, site design, adjacent uses, circulation, utility corridors and alignments, wetlands) for review and approval by the city pursuant to the procedures of this chapter, instead of submitting a preliminary PUD for the entire project. The master plan shall identify the geographic area, land uses, and density of each phase. The master plan shall also be accompanied by a phasing plan describing the general boundaries of each phase and the expected date at which a detailed site plan and preliminary PUD application for that phase will be submitted. No project to be developed in phases may exceed five years from the time the master plan is approved until the final plan is submitted.
B. The master plan shall be reviewed by the hearing examiner, using the same procedures and same criteria as a preliminary PUD, recognizing the lesser level of detail included in the master plan application.
C. Subsequent preliminary PUD applications for each phase of the PUD approval shall be consistent with any approved master plan and shall contain all of the detailed information and materials specified in SMC 16.10.070. (Ord. 793-02 § 1)
16.10.050 Who may apply.
A. PUD projects may be initiated by:
1. The owner or duly authorized agent(s) of all property involved, if under one ownership; or
2. Jointly by all owners or duly authorized agent(s) having title to all the property in the area proposed for the PUD project, if there is more than one owner; or
3. A governmental agency.
B. The PUD applications shall be in the name or names of the recorded owner or owners of property included in the development. The applications initially may be filed by the holder(s) of an equitable interest in or option on such property, but the applicant must evidence either fee title or the purchaser’s interest in a binding sales agreement before final approval of the applicant’s plan or the recorded owner or owners must have given written consent satisfactory to the city. (Ord. 793-02 § 1)
16.10.060 Team development, preapplication conference and neighborhood meeting.
A. For the purposes of expediting applications and reducing development costs, the city of Sultan offers and encourages a “team development” general information meeting. This meeting will provide input from relevant department staff regarding requirements needed for a proposed project; such as land use, site design, required improvements, and conformance with the comprehensive plan, zoning ordinance and subdivision code. This team development approach offers a forum where information can be shared about the site and staff can guide the applicant through specific requirements prior to developing a detailed site plan. This informal process will help alert developers to potential issues prior to expending resources on plans that may need alterations to meet city regulations. The meeting will also provide details on the information needed for the required preapplication conference.
B. Prior to filing any application, the applicant shall schedule, and the city shall conduct, a preapplication conference, pursuant to the provisions of SMC 16.28.280(A). To schedule a preapplication conference, the applicant shall submit to the planning director all required application materials, including forms, maps, site plans, landscaping plans, elevations, etc., so the city can advise the applicant whether there is sufficient information to constitute a complete application and to review the proposal in relationship to the comprehensive plan, approved subarea plan or neighborhood plan for the area, and specific city development objectives, policies, and plans for the area.
C. Prior to submission of a formal PUD application and after the completion of the preapplication meeting with the city, the applicant is encouraged to conduct a neighborhood meeting to review the proposed project with property owners within 300 feet of the subject property. These meetings are mandatory for retail center PUDs and all residential PUDs over 50 dwelling units. If such neighborhood meeting is held, comments received at the meeting should be submitted to the city for consideration with the PUD application.
D. If, as a result of the neighborhood meeting, residents have questions or require additional information concerning the proposed PUD, they may request an informal meeting with the planning director or the applicant by contacting the planning department. (Ord. 793-02 § 1)
16.10.070 Preliminary PUD application – Contents and fees.
A. After the preapplication conference, the applicant may file an application for a preliminary PUD with the planning director together with the application fee and documents meeting the requirements set out in subsections B through G of this section. An applicant may submit applications for:
1. Master plan only or simultaneously with the preliminary PUD for the first phase;
2. Preliminary PUD only;
3. Preliminary and final PUD simultaneously, provided all information required under SMC 16.10.160(B)is submitted;
4. Amendment to a PUD.
B. The PUD application shall be accompanied by a nonrefundable fee as set forth in the city’s current fee schedule to reimburse the city of Sultan for the costs of reviewing the application. Further provided, the applicant shall be responsible for additional processing costs incurred by the city in the event of additional staff time, consultant services, and public hearing costs over and above the initial application fee. All additional costs shall be paid within 30 days of notice by the city. Failure to provide payment to the city shall terminate processing of the application.
C. Written documents required with a PUD application are as follows:
1. Provide application forms:
a. Counter complete checklist, as prepared by the planning department;
b. PUD application form;
c. Application for preliminary plat or short plat, if required by the planning director and city engineer; however, it will normally be processed with the final PUD application;
d. Application for a substantial development permit if required by the shoreline master program ordinance;
e. SEPA environmental checklist pursuant to Chapter 43.21C RCW;
f. Ownership statement;
2. Provide legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning;
3. Provide statement of objectives to be achieved by the PUD through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant including consistency with the goals, objectives and criteria of the comprehensive plan and a detailed statement summarizing in written and graphic form how the development complies with the applicable provisions of this chapter;
4. Provide development schedule indicating the approximate date when construction of the PUD or phases of the PUD can be expected to begin and be completed based on the estimated date of construction plan approval;
5. Provide statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the PUD, such as land areas, dwelling units, etc.;
6. Provide quantitative data for the following:
a. Total number and type of dwelling units;
b. Parcel size;
c. Proposed lot coverage of buildings and structures;
d. Approximate gross and net residential densities;
e. Total amount of open spaces as defined by Sultan zoning code, including a separate figure for usable open space;
f. Total amount of nonresidential construction, including a separate figure for commercial or institutional facilities;
7. Provide evidence of sewer availability;
8. Provide evidence of adequate water supply as required by RCW 19.27.097;
9. For retail PUDs and for that portion of any residential PUD that contains proposed retail or other commercial uses intended to serve the residents of the PUD, a market analysis that includes the following information:
a. Provide service area, if the proposal is a planned retail center;
b. Provide service area population, present and prospective, for the planned retail center or provide the projected population in the residential PUD for nonresidential uses in a residential PUD;
c. Show evidence of effective buying power in such service area for a planned retail center or effective buying power of the residents of the PUD for nonresidential uses in a residential PUD;
d. Show the net potential buying power for the proposed planned retail uses or the nonresidential uses in the residential PUD and a recommendation regarding the types and sizes of uses;
10. A municipal service economic impact assessment is required for all residential PUDs over 50 dwelling units and all other PUDs over five acres. The purpose of this section is to assure that PUD approvals are not granted unless all facilities are evaluated for capacity. Fiscal impacts must be identified as they affect:
a. Parks;
b. Roads;
c. Schools;
d. City staffing levels;
e. Library;
f. Fire;
g. Water lines;
h. Sewer lines;
i. Drainage.
The fiscal analysis must evaluate and show existing levels of service, and how the proposed project will impact the existing levels of services, and how sufficient quantities will be available to service the proposed new development;
11. Provide a copy of the summary of the preapplication conference and all information requested during the preapplication conference;
12. Provide, if required by SMC 16.10.060 (C), comments received at the neighborhood meeting.
D. Master Plan. If a master plan is proposed for development of the PUD in phases, the master plan shall contain a general description of and a conceptual site plan showing proposed land uses, densities, site design, adjacent uses, circulation, utility corridors and alignments, and wetlands or other physical development constraints for the total project visualized by the applicant. Where the total project is to be developed in phases, the master plan shall identify the geographic area, land uses, and density of each phase. The master plan shall present a broad but cohesive and complete overview of the project.
E. Site plan and supporting maps necessary to show the major details of the proposed PUD (which may be a single phase of a master plan) are required with a PUD application, containing the following minimum information on one or more drawings:
1. The existing site conditions, including contours at five-foot intervals, watercourses, wetlands, unique natural features, steep slopes, and forest cover;
2. Proposed lot sizes, lot lines and plot designs;
3. The location, floor plans and building elevations, floor area size and building envelopes of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units, typical lot landscaping plans, density per type and nonresidential structures including commercial facilities;
4. The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common, usable, conservation, buffer, or constrained open spaces, public parks, recreational areas, school sites and similar public and semipublic uses;
5. The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading areas, transit stops existing and proposed and major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate (detailed engineering drawings of cross-sections and street standards should be handled in the final development stage);
6. The existing and proposed pedestrian and bike circulation system, including its interrelationships with the vehicular circulation system, consistency with the city’s comprehensive plan and indicating proposed solutions to points of conflict;
7. The existing and general plans for utility systems, including sanitary sewers, storm sewers and water, electric, gas, cable television, fiber optic conduits, telephone lines, solid waste, and lighting;
8. A general landscape plan indicating the treatment of materials used for private and common, usable, or conservation open space and buffers. This landscape plan should be in a general schematic form at this stage;
9. Enough information on land areas adjacent to the proposed PUD to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities and unique natural features of the landscape;
10. The proposed treatment and design of the perimeter of the PUD, including materials and techniques used such as screens, landscape buffers, fences and walls;
11. A proposed comprehensive sign plan encouraging the integration of signs into the framework of the building or buildings on the property should be included with the final PUD application;
12. The general design of all accessory uses on the property such as all private and public fencing, recreation facilities, service areas, critical areas fencing and signage, and enhancement areas.
F. Any additional information, as required by the planning director, necessary to evaluate the proposed preliminary PUDs compliance with the criteria in SMC 16.10.100 (retail PUDs), SMC 16.10.110 (residential PUDs) i.e., tree preservation plan, lighting plan, traffic study, etc.
G. Provisions for maintenance of all open spaces or common property, including conditions whereby the city may enforce any provisions or requirements needed to insure the meeting of PUD objectives. (Ord. 793-02 § 1)
16.10.080 Preliminary PUD process review.
A. The preliminary PUD application shall be reviewed by the hearing examiner with a recommendation to the city council pursuant to the provisions of Chapter 2.26 SMC. All procedures for completeness, for administrative, hearing examiner and city council review and for notices of application, hearing, and decision shall be governed by those provisions of the municipal code.
B. SEPA review shall be conducted concurrently with the PUD application as provided in Chapter 17.04 SMC. (Ord. 793-02 § 1)
16.10.090 Authority to approve, condition or deny preliminary PUD.
A. The hearing examiner may recommend approval, denial or approval with modifications or conditions deemed reasonable and necessary to protect the public interest, mitigate impacts of the proposed development, and to ensure compliance with the standards and criteria of this chapter and the policies of the comprehensive plan.
B. The hearing examiner recommendation shall include, at a minimum, findings and conclusions regarding the preliminary PUD’s compliance with the criteria for location and approval for the particular type of preliminary PUD listed in SMC 16.10.100 (retail PUDs), SMC 16.10.110 (residential PUDs). A preliminary PUD shall be recommended for approval if, together with reasonable modifications or conditions, the project is determined to comply with the requirements of these sections. A preliminary PUD shall be recommended for denial if, even with reasonable modifications or conditions, the project is determined to not comply with the requirements of these sections.
C. After receipt of a hearing examiner recommendation on the preliminary PUD pursuant to Chapter 2.26 SMC, the city council shall conduct a closed record hearing at which it shall consider the findings, conclusions, and recommendation of the hearing examiner. The hearing examiner recommendation notwithstanding, the city council shall have the right and ability, based exclusively on the record that was presented before the hearing examiner, to agree or disagree with the findings, conclusions and recommendation of the hearing examiner and shall further have the right and ability, based upon the record that was presented to the hearing examiner, to make such additional or different findings and conclusions that the city council believes are supported by evidence in that record.
D. Any decision of the city council on the preliminary PUD shall be final and no further local administrative appeal shall be permitted. This preliminary PUD decision of the city council may be appealed to superior court, pursuant to the requirements of Chapter 36.70C RCW and SMC 16.120.050. (Ord. 793-02 § 1)
16.10.100 Criteria for location and approval – Retail center PUDs.
A preliminary retail center PUD shall only be approved if, with reasonable modification and/or conditions, the city finds that the proposed preliminary PUD complies with the following criteria for location, use and design, for each of the identified types of PUDs.
A. PUD-PCvR – Planned Convenience Retail.
1. Comprehensive Plan. The proposed preliminary PUD-PCvR site must be identified as having potential for a planned convenience retail center in the comprehensive plan’s retail policies or an adopted subarea or neighborhood plan. PUD-PCvRs can only be located in the general vicinity mapped in the comprehensive plan map and where it meets the specific location criteria.
2. Other Location Criteria.
a. The site is located on a collector street and the site is also located with respect to streets or other transportation facilities such that these streets and transportation facilities can provide direct access to the PUD-PCvR without requiring traffic to use minor local access streets in residential neighborhoods. Street types are defined in the subdivision regulations, Chapter 16.28 SMC.
b. The site is located at least one mile from any other existing or zoned convenience retail center and any other retail center.
c. Adjacent properties are not zoned for retail development or are not currently developed with retail uses, unless these adjacent properties are proposed to be incorporated into the PUD-PCvR.
d. The market analysis submitted with the application demonstrates a minimum population of 1,000 within one mile from the site.
e. The site is located such that it can connect to an existing off-site pedestrian and bicycle circulation system to facilitate non-motor vehicle access to the PUD-PCvR.
f. The PUD-PCvR is located in relation to public services, sanitary sewers, water lines, fiber optic conduit, storm and surface drainage systems, and other utility systems and installations such that neither extension nor enlargement of such systems resulting in higher net public cost or earlier incursion of public costs will be required.
g. The PUD-PCvR is located with respect to schools, parks, playgrounds, and other public facilities such that the PUD will have access to these facilities in the same degree as would development in a form generally permitted by the underlying zoning in the area.
h. As an alternative to subsections (C)(2)(f) and (g) of this section, the developers of the PUD-PCvR can:
i. Provide private utilities, facilities or services approved by the public agencies which would normally provide such utilities, facilities or services as substituting on an equivalent basis and assure their satisfactory continuing operation and maintenance; or
ii. Make provision, acceptable to the city, for offsetting any added net public cost or early commitment of public funds necessitated by such development; or
iii. Demonstrate, to the satisfaction of the city, that the anticipated increases in public revenue from the PUD-PCvR will more than adequately cover any anticipated increase in public costs for installation, operation, and maintenance.
3. Compatibility Criteria/Mitigation of Impacts on Adjacent Uses.
a. Delivery routes for commercial traffic do not have to use minor local access streets in residential neighborhoods.
b. The site is of sufficient size to generally mitigate impacts of the proposed retail uses within the PUD-PCvR site itself, including the provision of adequate screening, setbacks and other buffers to minimize noise, light and glare impacts from the retail uses.
c. The impacts from light and glare can be mitigated on-site through lighting design and location and/or screening and separation, so that the off-site impacts of light and glare are generally consistent with the light and glare impacts from existing adjacent uses.
d. Noise impacts from the PUD-PCvR can be mitigated on-site such that state noise standards can be met.
e. The PUD-PCvR is designed and located so as not to substantially interfere with the operation and use of existing parks and schools in the vicinity of the site.
f. Building scale in the PUD-PCvR shall not exceed the requirements of the development standards in subsection (C)(5) of this section.
4. Permitted Uses. The following uses shall be permitted in a PUD-PCvR:
a. Convenience retail establishments such as small grocery stores, pharmacies, television, electronic and appliance and small specialty shops;
b. Small professional offices and business services, not to exceed 5,000 square feet;
c. Personal services such as barber shops, beauty shops, and bakeries;
d. Preschools and day nursery facilities;
5. Development Standards. PUD-PCvR development shall comply with the following development standards:
a. Height. The maximum height of any structure in a PUD-PCvR shall be 35 feet.
b. Maximum size of retail site: two acres.
c. Retail Square Footage.The total gross square footage for retail uses shall not exceed 8,000 square feet.
d. Yard and Setback Requirements. There shall be no minimum yard or setback requirements; provided, the PUD-PCvR shall be reviewed and the proposed site plan conditioned to ensure sufficient separation and buffers from existing adjacent uses to mitigate impacts from the PUD development, to encourage pedestrian and bicycle access to the PUD development without needing to access the development through a parking lot without pedestrian paths and to present a streetscape that is of a scale consistent with adjacent development.
e. Open Space Requirements. A minimum of 20 percent of the gross site area shall be retained in one or more types of open space as defined in SMC 16.10.140.
f. Perimeter buffer: a minimum 30-foot buffer zone in those areas of the PUD-PCvR adjacent to LMD, MD and HD residential districts. Larger buffers may be required if necessary to meet the compatibility criteria. This buffer must be kept free of buildings or structures and must be landscaped, screened or protected by natural features so that adverse impacts on surrounding areas are minimized. These buffers may be included in required open space, as specified in SMC 16.10.140.
g. Parking. The requirements of Chapter 16.60 SMC shall apply to a PUD-PCvR.
h. Signs. The requirements of Chapter 22.06 SMC shall apply to a PUD-PCvR. All signs in a PUD-PCvR shall conform to a master sign plan that shall be considered and approved with the development plan.
i. Landscaping. The requirements of Chapter 16.04 SMC shall apply to a PUD-PCvR, as a minimum; provided, that additional landscaping may be required to mitigate impacts to adjacent uses and to meet the compatibility criteria for approval from this section. (Ord. 793-02 § 1)
16.10.110 Criteria for location and approval – Residential PUDs.
A preliminary residential PUD shall only be approved if, with reasonable modification and/or conditions, the city finds that the proposed preliminary PUD complies with the following criteria for location, use, and design, for each of the identified types of PUDs.
A. PUD-Multifamily (PUD-MF).
1. Comprehensive Plan. The proposed preliminary PUD-MF must be located in an area that has been identified as appropriate for multifamily development in the comprehensive plan, residential policies or an adopted subarea plan or neighborhood plan.
2. Design Criteria and Density Limitations. Multifamily dwellings may be permitted in any PUD-MF, including any approved density increases or bonuses; provided further, the hearing examiner and city council will determine the maximum number of multifamily units allowed in any PUD-MF in consideration of the location criteria. Multifamily PUDs may also be permitted as part of a mixed-use development, in conjunction with an activity center, such as one of the planned retail center PUDs described in SMC 16.10.100.
3. Other Location Criteria.
a. The site is located on one or more arterial or collector streets and the site is also located with respect to major streets and highways or other transportation facilities such that these streets and transportation facilities can provide direct access to the homes. Street types are defined in the city of Sultan design standards and specifications. If the site is located on a corner, access will be encouraged to be from the minor arterial or collector and not from a principal arterial if it is found that such access reduces potential traffic conflicts and carrying capacities on the principal arterial.
b. The total area of the PUD-MF is a minimum of two acres.
c. The site is located such that it can connect to an existing off-site pedestrian and/or bicycle circulation system to facilitate non-motor vehicle access to the PUD-MF.
d. Transit is available in sufficient proximity to the site to facilitate transit access to the PUD-MF.
e. The PUD-MF is located in relation to public services, sanitary sewers, water lines, fiber optic conduits, storm and surface drainage systems, and other utility systems and installations such that neither extension nor enlargement of such systems resulting in higher net public cost or earlier incursion of public costs will be required.
f. The PUD-MF is located with respect to schools, parks, playgrounds, and other public facilities such that the PUD will have access to these facilities in the same degree as would development in a form generally permitted by the underlying zoning in the area.
g. As an alternative to subsections (A)(3)(e) and (f) of this section, the developers of the PUD-MF can:
i. Provide private utilities, facilities or services approved by the public agencies which would normally provide such utilities, facilities or services as substituting on an equivalent basis and assure their satisfactory continuing operation and maintenance; or
ii. Make provision, acceptable to the city, for offsetting any added net public cost or early commitment of public funds necessitated by such development; or
iii. Demonstrate, to the satisfaction of the city, that the anticipated increases in public revenue from the PUD-MF will more than adequately cover any anticipated increase in public costs for installation, operation, and maintenance.
4. Compatibility Criteria/Mitigation of Impacts on Adjacent Uses.
a. The design and layout of a PUD-MF shall take into account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so designed as to minimize any undesirable impact of the PUD on adjacent properties.
b. Setbacks from the property line of the PUD-MF shall be comparable to, or compatible with, those of the existing development of adjacent properties or, if adjacent properties are undeveloped, the type of development which may be permitted.
c. Access/egress routes for traffic do not have to use minor or local access streets in residential neighborhood neighborhoods.
d. The site is of sufficient size to generally mitigate impacts of the proposed residential uses within the PUD-MF site itself, including the provision of adequate screening, setbacks, and other buffers.
e. The impacts from light and glare can be mitigated on-site through lighting design and location and/or screening and separation, so that the off-site impacts of light and glare are generally consistent with the light and glare impacts from existing adjacent uses.
f. Noise impacts from the PUD-MF can be mitigated on-site such that state noise standards can be met.
g. The PUD-MF is designed and located so as not to substantially interfere with the operation and use of existing parks and schools in the vicinity of the site.
h. Building scale in the PUD-MF shall not exceed the requirements of the development standards in SMC 16.10.120.
5. Permitted Uses. The following uses shall be permitted in a PUD-MF: all permitted residential, accessory, and conditional uses listed in the MD residential zoning district, SMC 16.12.020.
6. Development Standards. PUD-MF, PUD-SF, and PUD-MHP shall be governed by the development standards of the underlying residential and manufactured home park zoning districts, as may be modified as described in SMC 16.10.120. Multifamily PUDs shall also be eligible for density increases as described in SMC 16.10.120.
B. PUD-Single-Family (PUD-SF).
1. Comprehensive Plan. The proposed preliminary PUD-SF must be located in an area that has been identified as appropriate for single-family development in the comprehensive plan, residential policies or an adopted subarea plan or neighborhood plan.
2. Other Location Criteria.
a. The site is located on one or more arterial or collector streets and the site is also located with respect to major streets and highways or other transportation facilities such that these streets and transportation facilities can provide direct access to the homes, if the development is more than 10 acres, or 40 units. Street types are defined in the city of Sultan design standards and specifications. If the site is located on a corner, access will be encouraged to be from the minor arterial or collector and not from a principal arterial if it is found that such access reduces potential traffic conflicts and carrying capacities on the principal arterial.
b. The total area of the PUD-SF is a minimum of two acres.
c. The site is located such that it can connect to an existing off-site pedestrian and bicycle circulation system to facilitate non-motor vehicle access to the PUD-SF.
d. Transit is available in sufficient proximity to the site to facilitate transit access to the PUD-SF.
e. The PUD-SF is located in relation to public services, sanitary sewers, water lines, fiber optic conduits, storm and surface drainage systems, and other utility systems and installations such that neither extension nor enlargement of such systems resulting in higher net public cost or earlier incursion of public costs will be required.
f. The PUD-SF is located with respect to schools, parks, playgrounds, and other public facilities such that the PUD will have access to these facilities in the same degree as would development in a form generally permitted by the underlying zoning in the area.
g. As an alternative to subsections (B)(2)(e) and (f) of this section, the developers of the PUD-SF can:
i. Provide private utilities, facilities or services approved by the public agencies which would normally provide such utilities, facilities or services as substituting on an equivalent basis and assure their satisfactory continuing operation and maintenance; or
ii. Make provision, acceptable to the city, for offsetting any added net public cost or early commitment of public funds necessitated by such development; or
iii. Demonstrate, to the satisfaction of the city, that the anticipated increases in public revenue from the PUD-SF will more than adequately cover any anticipated increase in public costs for installation, operation, and maintenance.
h. Multifamily dwellings may be permitted in a single-family PUD; provided, the total number of units does not exceed 20 percent of the approved PUD density, including any approved density increases or bonuses, and is located in an area identified for “scattered multifamily within a single-family” on the comprehensive plan map, and has a minimum development size of 10 acres, and meets the other location criteria. Only one “scattered multifamily within a single-family” development may occur where identified on the comprehensive plan map.
3. Compatibility Criteria/Mitigation of Impacts on Adjacent Uses.
a. The design and layout of a PUD-SF shall take into account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so designed as to minimize any undesirable impact of the PUD on adjacent properties.
b. Setbacks from the property line of the PUD-SF shall be comparable to, or compatible with, those of the existing development of adjacent properties or, if adjacent properties are undeveloped, the type of development which may be permitted.
4. Permitted Uses. The following uses shall be permitted in a PUD-SF:
a. Those permitted, accessory, conditional and special uses listed in the LMD single-family residential zoning district, Chapter 16.08 SMC.
b. Multifamily dwellings may be permitted in any PUD; provided, the total number of units shall not exceed 20 percent of the approved PUD density, including any approved density increases or bonuses. The multifamily development must be located in an area identified for “scattered multiple-family within single-family” in the comprehensive plan and then only if the multifamily meets the location requirements.
c. Convenience retail, service, or office uses (“nonresidential uses in a residential PUD”) are limited to the size and location appropriate to serve the needs of the residents of the PUD-SF.
5. Development Standards. PUD-MF, PUD-SF, and PUD-MHP shall be governed by the development standards of the underlying residential and manufactured home park zoning districts, as may be modified and described in SMC 16.10.120. Single-family PUDs shall also be eligible for density increases as described in SMC 16.10.120.
C. PUD-Manufactured Home Park (PUD-MHP).
1. Comprehensive Plan. The proposed preliminary PUD-MHP site must be located in an area that has been identified as appropriate for LMD and MD single-family development in the comprehensive plan, residential policies or an adopted subarea plan or neighborhood plan.
2. Other Location Criteria.
a. The site is located on one or more arterial or collector streets and the site is also located with respect to major streets and highways or other transportation facilities such that these streets and transportation facilities can provide direct access to the homes. Street types are defined in the city of Sultan design standards and specifications. If the site is located on a corner, access should be from the minor arterial or collector and not from a principal arterial to reduce potential for traffic conflicts and carrying capacities on the principal arterial.
b. The total area of the PUD-MHP is a minimum of five acres.
c. The site is located such that it can connect to an existing off-site pedestrian and bicycle circulation system to facilitate non-motor vehicle access to the PUD-MHP.
d. Transit is available in sufficient proximity to the site to facilitate transit access to the PUD-MHP.
e. The PUD-MHP is located in relation to public services, sanitary sewers, water lines, fiber optic conduits, storm and surface drainage systems, and other utility systems and installations such that neither extension nor enlargement of such systems resulting in higher net public cost or earlier incursion of public costs will be required.
f. The PUD-MHP is located with respect to schools, parks, playgrounds, and other public facilities such that the PUD will have access to these facilities in the same degree as would development in a form generally permitted by the underlying zoning in the area.
g. As an alternative to subsections (C)(2)(e) and (f) of this section, the developers of the PUD-MHP can:
i. Provide private utilities, facilities or services approved by the public agencies which would normally provide such utilities, facilities or services as substituting on an equivalent basis and assure their satisfactory continuing operation and maintenance; or
ii. Make provision, acceptable to the city, for offsetting any added net public cost or early commitment of public funds necessitated by such development; or
iii. Demonstrate, to the satisfaction of the city, that the anticipated increases in public revenue from the PUD-MHP will more than adequately cover any anticipated increase in public costs for installation, operation, and maintenance.
3. Compatibility Criteria/Mitigation of Impacts on Adjacent Uses.
a. The design and layout of a PUD-MHP shall take into account the relationship to the site to the surrounding areas. The perimeter of the PUD shall be so designed as to minimize any undesirable impact of the PUD on adjacent properties.
b. Setbacks from the property line of the PUD-MHP shall be comparable to, or compatible with, those of the existing development of adjacent properties or, if adjacent properties are undeveloped, the type of development which may be permitted.
4. Permitted Uses. The following uses shall be permitted in a PUD-MHP: all permitted, residential accessory, and conditional uses listed in the LMD and MD zoning districts, SMC 16.12.010 and 16.12.020.
5. Development Standards. PUD-MF, PUD-SF, and PUD-MHP shall be governed by the development standards of the underlying residential zoning districts, as may be modified as described in SMC 16.10.120. Manufactured home park PUDs shall also be eligible for density increases as described in SMC 16.10.120. (Ord. 793-02 § 1)
16.10.120 Residential PUD density increases and development standards.
The following density increase provisions and development standards shall apply to all types of residential PUDs (MF, SF and MHP):
A. Density Increases. A residential PUD application may have density increases as provided in this section. A residential PUD may be eligible for density increase based on one or two of the following subsections; provided, in no event may the total density increase for a residential PUD exceed 20 percent. All density increase percentages shall be calculated on the base density permitted in the underlying residential zone. The density increases are transferable within the PUD area as long as the proposed transfer is consistent with all of the requirements of this chapter and is consistent with the conditions of preliminary approval. Density increases shall be governed by the following factors, and are to be treated as additive, and not compounded.
1. Density Increase for Design Factors.
a. The project may be granted a maximum of five percent increase in density if it serves the needs of the development’s residents and would include such facilities as play areas with equipment, basketball courts, handball courts, ball fields, tennis courts or swimming pools. This could also include landscaping, streetscape, open spaces, plazas, pedestrian facilities and recreational areas and recreational facilities in excess of those minimums required by the underlying zoning.
b. The project may be granted a maximum of five percent increase in density if the siting of the proposed development promotes the use of visual focal points, existing significant natural physical features such as topography, critical areas, view, sun and wind orientation, circulation patterns, physical environment, and energy efficient design.
c. The project may be granted a maximum of five percent increase in density if the development provides at least one of the following amenities:
i. If the project is designed such that the built environment includes preservation and restoration of historically or architecturally significant structures and/or consists of architectural styles that are internally consistent with the project as a whole and with the existing architectural styles in the neighborhood, but does not include normal maintenance such as painting, roofing and tuck pointing;
ii. If the scale of the structures is reduced from the maximums permitted by the underlying zone in an effort to develop a more pedestrian-friendly scale and to be consistent with existing development in the neighborhood;
iii. If the parking areas are broken up by landscape features in excess of the minimums required by the underlying zoning;
iv. If the project contains variation in building siting (i.e., clustering) and building setbacks to facilitate efficient use of the site, while maximizing privacy for residential units in a majority of the units and to preserve slopes, streams, wetlands or other environmental features; and/or
v. If the proposed structures incorporate energy efficient design to at least a level of efficiency that exceeds the state standards by one base increment, or if the project incorporates the use of renewable energy sources in a majority of the development. The burden of designation of such structures or features as significant shall be upon the applicant, unless such structures or features are already identified as worthy of preservation in the comprehensive plan, parks plan, or other official documents, or on a local, state, or national register. Final determination as to significance shall be made by the planning director at the earliest possible time and no later than the preapplication review. The planning department staff report shall include a recommendation to the hearing examiner on any suggested density increase for these design features. The hearing examiner recommendation shall also include findings and a recommendation regarding these density increases.
d. The total possible design and landscape bonuses available under this subsection shall not exceed 15 percent.
2. Density Increase for Affordable Housing. A maximum density increase of 15 percent for the development of on-site and/or off-site housing opportunities for low- or moderate-income families is permitted based on the following standards:
a. For each low- or moderate-income housing unit provided under this section, one additional building lot or dwelling unit shall be permitted up to a maximum of 15 percent increase in total dwelling units.
b. Any off-site affordable housing units used to increase density shall be approved in conjunction with the preliminary PUD for which a density bonus is granted. The hearing examiner and the city council may impose development standards, construction schedules, and PUD approval conditions on the off-site development to ensure the off-site development meets the requirements for PUD approvals generally in this chapter, and to ensure appropriate timing of construction of the affordable units.
c. Any redevelopment of off-site affordable housing units involving rehabilitation of new or combination units may be used to increase the density by an additional five percent; provided, the redevelopment project shall be approved in conjunction with the PUD for which a density bonus is granted.
B. Residential Development Standards. The following criteria shall be applied by the city in reviewing and approving any requested variation from the residential development standards found in the underlying residential zoning district:
1. Building Spacing or Side and Rear Yards. The requirements for building spacing, or side and rear yards as they are often defined, is based on several related factors. Setback requirements within the PUD may be granted by the planning director if the proposed design incorporates the following features:
a. Privacy. The minimum side yard requirement is intended to provide privacy within the dwelling unit. Where windows are placed in only one of two side-facing walls, or there are no windows, or where the builder provides adequate screening for windows, or where the windows are at such a height or location to provide adequate privacy, the building side yard spacing may be reduced to a zero lot line; provided, a minimum of five feet is maintained between buildings and structures on the adjacent lot and appropriate easements are provided to maintain spacing and permit maintenance access. The minimum rear yard requirement is intended to provide privacy for the outdoor area behind the dwelling unit. Where physical elements such as fences, screens, or open space are provided, rear yards may be reduced to 10 feet.
b. Light and Air. The building spacing provides one method of ensuring that each room has adequate light and air. Building spacing may be reduced where there are no windows or very small window areas and where rooms have adequate provisions for light and air from another direction. The building spacing may be reduced to a zero lot line on side yards and 10 feet on rear yards; provided, a minimum of five feet is maintained between buildings and structures and fences on the adjacent lot and appropriate easements are provided to maintain spacing and permit maintenance access.
c. Side Yard Use. Areas between buildings are often used as service yards, for storage of trash, clotheslines, or other utilitarian purposes. Where this use is similar for both houses, a reduction of building space permitting effective design of a utility space shall be permitted. Kitchens and garages are suitable uses for rooms abutting such utility yards. In these areas reduction from 10 feet to five feet will be permitted.
d. Rear Yard Use. Areas behind buildings provide a usable yard area for residents and can be used for landscaping, recreation, storage, and other residential accessory uses. In areas where physical elements are provided for privacy, a reduction from 20 to 10 feet will be permitted.
e. Building Configuration. Typical setback requirements will be required unless the following can be demonstrated. Irregular building configurations may be allowed if the needs expressed in the subsections (B)(1)(a), (b), and (c) of this section are met.
f. Front Yard. The minimum front yard is intended to provide privacy and usable yard area for residents. In practice, however, front yards are rarely used, so that only the privacy factor is important. Where a developer provides privacy by reducing traffic flow through street layout such as cul-de-sacs, or by screening or planting, or by facing the structure toward open space or a pedestrian way, or through the room layout or location, and access to garages of the home face perpendicular to or are not visible from the street frontage, then it is possible to reduce the front yard setback to 15 feet. Also, if 60 percent of the front facing portion of a structure consists of a front porch, setbacks may also be reduced to 10 feet for the front yard. Front porches and stoops which contain less than 60 percent of the front facade may project into the setback; provided, they do not interfere with minimum vehicular sight distance requirements.
2. Lot Size and Lot Coverage. The hearing examiner, for the purpose of promoting an integrated project that provides a variety of housing types and additional site amenities, may recommend reductions in the area of individual lots and increases in the lot coverage within a PUD from the required lot area and lot coverage for the zoning district; provided, any such modifications shall be compensated by open space areas elsewhere in the PUD. Open space shall not include areas designated as public or private streets.
3. Open space shall be governed by the requirements of SMC 16.10.140.
4. Streets. PUDs shall provide effective street and pedestrian networks. New developments shall also provide multiple access points to existing streets and plan for access to future adjacent developments.
a. Standards of design and construction for roadways within residential PUDs may be modified as is deemed appropriate by the planning director and city engineer with the concurrence of the city council, following a recommendation by the hearing examiner.
b. Right-of-way width and street roadway widths may also be reduced, especially where it is found that the plan for the PUD provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off-street parking facilities.
c. PUDs shall provide effective street networks. New development shall also provide multiple access points to existing streets and plan for access to future adjacent developments. Effective street networks should include the following:
i. Transit and school bus routes and transit and school bus stops, either within the development or on the collector or arterials that provide the major access to the proposed development, unless such provision is deemed inconsistent with the transit or school bus routing plans.
ii. Alternative routes from points within and outside the development, thereby lessening congestion on arterials.
iii. Direct and efficient emergency vehicle response to all points within the proposed development.
iv. Vehicular and pedestrian routes between neighborhoods within the proposed development without requiring all traffic to use arterials between neighborhoods.
v. Minimizing travel distances and providing nonmotorized alternatives to help reduce noise and air pollution.
5. Traffic Calming. Traffic calming control devices may be considered by the city engineer where appropriate to control excessive speed and volume of traffic on neighborhood streets. These devices may include, but are not limited to, traffic circles, streets narrowing, lane stripes, traffic control signing, chicanes, and curb bulbs.
6. Perimeter Buffer Zone.
a. There shall be a minimum 30-foot buffer zone in any PUD of multifamily or nonresidential buildings or structures that are adjacent to a LMD and MD residential use districts. No minimum buffer is required adjacent to other zoning districts, other than whatever perimeter buffer is deemed necessary to meet compatibility and impact criteria in earlier sections of this chapter.
b. The buffer zone must be kept free of buildings or structures and must be landscaped, screened or protected by natural features so that adverse effects on surrounding areas are minimized. The required buffer zone may be used as part of the open space acreage for the PUD as specified in SMC 16.10.140.
7. Nonresidential Uses in a Residential PUD.
a. In a residential PUD, nonresidential uses of a religious, cultural, recreational, and nonresidential character are allowed to the extent they are designed and intended primarily to serve the residents of the PUD.
b. In a residential PUD, no nonresidential use, nor any building devoted primarily to a nonresidential use, shall be built or established prior to the development of the residential buildings or uses in the residential PUD it is designed or intended to serve.
c. Yards. During the review process the reduction in or elimination of the required yards may be authorized, provided landscaped yards of at least such minimum width as required by the zoning district in which the PUD is located shall be maintained by the nonresidential use and shall be built or established prior to the development of the residential buildings or uses in the residential PUD it is designed or intended to serve.
d. For nonresidential uses in a residential PUD, it shall be the burden of the PUD applicant to demonstrate to the hearing examiner the scale of required nonresidential uses proposed to serve the project and to provide a time frame for the construction of such uses as they relate to the existing and proposed residential development. (Ord. 793-02 § 1)
16.10.130 Reserved.
(Ord. 793-02 § 1)
16.10.140 Open space requirements.
A. For the purpose of this chapter, open space shall be described as follows:
1. “Common open space” means a parcel or parcels of land or an area of water or a combination of land and water within the site designated for a PUD which is designed and intended for the use or enjoyment of the residents or owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents or owners of the development.
2. “Usable open space” means areas which have appropriate topography, soils, drainage, and size to be considered for development as active and passive recreation areas for all residents or users of the PUD. Detention areas may be considered under this category providing all the usable standards are met.
3. “Conservation open space” means areas containing special natural or physical amenities or environmentally sensitive features, the conservation of which would benefit surrounding properties or the community as a whole. Such areas may include, but are not limited to, stands of large trees, view corridors or view points, creeks and streams, wetlands and marshes, ponds and lakes, or areas of historical or archaeological importance. Conservation open space and usable open space may be, but are not always, mutually inclusive.
4. “Buffer open space” means areas which are primarily intended to provide separation between properties or between properties and streets. Buffer open space may, but does not always, contain usable open space or conservation open space.
5. “Severely constrained open space” means areas not included in any of the above categories which, due to physical characteristics, are impractical or unsafe for development. Such areas may include but are not limited to steep rock escarpments or areas of unstable soils.
B. All PUDs shall be required to provide open space in the amount of 20 percent of the gross land area of the site, in the minimum types specified in subsection (C) of this section.
C. Any combination of open space types may be used to accomplish the total minimum area required to be reserved as follows:
Open Space Percent of Gross Category Land Area
1.
Usable
15% minimum
2.
Conservation
No maximum or minimum
3.
Buffer
2% maximum
4.
Constrained
2% maximum
5.
Unusable detention areas
5% maximum
(Ord. 885-05 § 1; Ord. 853-04 §§ 1, 2, 3; Ord. 793-02 § 1)
16.10.150 Expiration of preliminary PUD.
A. For preliminary PUD approvals for which a master phasing plan has not also been approved pursuant to SMC 16.10.040, an applicant shall file an application for a final PUD approval with the city within 12 months from the date of preliminary PUD approval by the city council. This period shall automatically be tolled for any period of time during which a court appeal is pending.
B. The city council may authorize one additional 12-month extension for filing a final PUD application if the city council finds that such extension is consistent with the approval criteria required for each project and that no new information or change in circumstances justifies changing the city’s previous preliminary PUD approval.
C. A phasing plan shall accompany the master plan, for developments where a general master plan for the entire project provides for the project to be constructed in phases. The phasing plan shall describe the general boundaries of each phase and the expected date at which a detailed site plan or subsequent preliminary and final PUD application for that phase of the development will be submitted; provided, however, no project to be developed in phases may exceed five years from the time the master plan is approved until the final phase is submitted. The city council, as a condition of preliminary PUD or master plan approval, may calculate the amount of time until completion and may also set a schedule for completion of the various phases; such time period may never exceed five years. The time period will be calculated based on the size, location, and development potential of the area, and the need for utility and service extensions for the proposed project and other projected developments in the area.
D. If a final PUD is not filed within the time periods provided in this section, the preliminary PUD approval shall expire, the PUD overlay zoning shall be removed from the official zoning map of the city and the property shall revert to the underlying “fallback” zoning shown on the official zoning map. (Ord. 793-02 § 1)
16.10.160 Final PUD review and approval.
A. The final PUD application shall be processed pursuant to the provisions of Chapter 16.120 SMC, except that the administrative review shall be conducted by the planning director, with input from the city engineer, public works director, and building official.
B. Contents of Application. The final development plan must present all of the information required for the preliminary development plan in a finalized, detailed form. This includes all PUD and supporting information, site plans sufficient for recording and engineering drawings. All schematic plans presented in the preliminary development plan stage, such as a landscape plan, must be presented in their detailed form. Any items not submitted during the preliminary stage must be reviewed, and any preliminary or final plats and public dedication documents required by the city shall also be submitted at this time.
C. Application Fees. The PUD application shall be accompanied by a nonrefundable fee in the amount set forth in the fee schedule. Any application for an amendment to a PUD shall be accompanied by a nonrefundable fee in the amount set forth in the fee schedule.
D. The final PUD shall be transmitted by the planning director to the city council with a recommendation of approval if it is in substantial compliance with the approved preliminary PUD. The final PUD shall be deemed in substantial compliance with the approved preliminary PUD if it does not involve a change to one or more of the following:
1. Violate any of the criteria for approval found in SMC 16.10.090;
2. Vary the lot area requirements by more than 10 percent;
3. Involve a reduction of more than 10 percent of the area reserved for the common open space and/or usable open space; provided, the minimum open space requirements are met;
4. Increase the floor area proposed for nonresidential use by more than 10 percent, provided the maximum square footage for nonresidential uses are not exceeded;
5. Increase the total ground area covered by buildings by more than five percent;
6. Increase the density or number of dwelling units by more than 10 percent; provided, the maximum density increases are not exceeded.
E. If the final PUD is not in substantial compliance with the approved preliminary PUD, the applicant shall file for and process an amendment to the preliminary PUD, using the same procedures and requirements for the initial preliminary PUD.
F. The city council shall act on the final PUD as described in SMC 16.120.050. The city council’s final PUD decision shall be a final decision, appealable to superior court, pursuant to the provisions of SMC 16.120.050 and Chapter 36.70C RCW. (Ord. 793-02 § 1)
16.10.170 Final PUD acknowledgments – Filing – Copies – Recording.
A. All final PUD site plans, supporting maps, and illustrations required for filing shall include approval acknowledgments for the mayor, city engineer and community and economic development director.
B. Within 30 days of approval of the final PUD, the applicant shall provide the Sultan planning department with two sets of mylars of all PUD site plans and supporting maps and illustrations, and the original and one copy of any required protective covenants, and required agreements suitable for filing with the Snohomish County auditor. The final PUD site plans and any required associated documentation noted above shall be filed at the applicant’s expense with a recorded copy provided to the planning department.
C. The approved final PUD plan shall be a binding restriction on development and shall run with the land, unless it expires as provided in SMC 16.10.150, in which case a notice of expiration shall be recorded against the property when the PUD overlay zoning is removed. (Ord. 793-02 § 1)
16.10.180 Building permits.
No building permits may be issued for any construction on property that is subject to a preliminary PUD approval until the final PUD has been approved and the applicant has recorded the site plan and associated documentation as provided in SMC 16.10.170. For PUDs which include covenants requiring architectural review by a homeowner’s association or other PUD entity, the applicant shall provide evidence of approval from such entity prior to issuance of city building permits. (Ord. 793-02 § 1)
16.10.190 Minor changes and amendments to final PUD.
A. Minor changes of lot lines or the combination of lots if no new lots are created or minor changes in the location, and height of buildings and structures; provided, they are within the development standards established for the PUD, may be authorized by the planning director if required by engineering or other circumstances not foreseen at the time the final plan was approved without requiring approval by the city council. No change authorized by this subsection may cause any of the following:
1. A change in the use or character of the development;
2. An increase in the overall coverage of structures;
3. An increase in the intensity of a use;
4. An increase in traffic generation, or a change to proposed traffic circulation that could cause impacts not evaluated in the preliminary or final PUD approval;
5. A change to proposed public utilities that could cause impacts not evaluated in the preliminary or final PUD approval;
6. A reduction in approved open space;
7. A reduction in off-street parking and loading space;
8. A reduction in required pavement widths.
B. Any change that does not meet the limitations of subsection A of this section shall be processed in the same manner as the original final PUD, or, if the proposed change does not meet the substantial compliance provisions of SMC 16.10.160, as an amendment to the preliminary PUD. Any changes to the final PUD pursuant to this subsection shall be recorded as amendments in accordance with the procedure established for the recording of the original final PUD documents. (Ord. 793-02 § 1)
16.10.200 Expiration of final PUD.
If no construction has begun in the final PUD within 24 months from the approval of the final PUD and recording of the final PUD plan and associated documents, the final PUD approval shall expire and the PUD overlay zone on the official zoning map shall be removed; provided, however, the city council, upon recommendation of the community and economic development director and a showing of good cause by the applicant, may extend for a maximum of two periods of 12 months each the period for commencing construction. Each request for a time extension shall be accompanied by a nonrefundable fee as set forth in the fee schedule to cover the costs of processing the request. The city council may impose conditions on any extension request to implement the current development regulations and related requirements in effect at that time. (Ord. 793-02 § 1)
16.10.210 Periodic review of building permits for consistency with approved PUD.
After construction commences, the community and economic development director shall review, at least once every six months, all building permits issued and compare them to the overall development phasing program and master plan, if applicable. If the community and economic development director determines that the rate of construction of residential units or nonresidential structures substantially differs from the phasing program, the community and economic development director shall so notify the developer and the city council in writing. The developer shall then submit a revised phasing schedule and substantiate the need for such revisions. The community and economic development director shall review and make recommendation to the city council to approve or deny the revised phasing schedule, with or without conditions, based on the information presented. If the revised phasing schedule is denied, the city shall withhold additional building permits in the until the approved phasing schedule is met. (Ord. 793-02 § 1)
Chapter 16.12
PERMITTED USES AND TABLES OF DIMENSIONAL AND DENSITY REQUIREMENTSSections:
16.12.010 Low/moderate density (LMD) zone.
16.12.020 Moderate density (MD) zone.
16.12.030 High density (HD) zone.
16.12.040 Urban center (UC) zone.
16.12.050 Highway-oriented development (HOD) zone.
16.12.060 Economic development (ED) zone.
16.12.010 Low/moderate density (LMD) zone.
A. General Description of Character and Intent of the Zone. This zoning district is located primarily on the outskirts of the city, where residential densities have traditionally been lower than in other areas of Sultan. This low/moderate (LMD) zone is intended to accommodate residential neighborhoods with active and passive recreational facilities and neighborhood-oriented commercial activities. Performance standards to ensure that the natural functions of environmentally sensitive areas such as steep slopes, wetlands, shorelines, floodplains, and potable water wellfield areas are maintained will be enforced. The ranges and types of activities to be included in this LMD zone are listed below.
B. Permitted Uses.
1. Residential. Buildings occupied or intended to be occupied for residential purposes and supporting activities.
a. Single-family detached dwellings;
b. Home occupations;
c. Accessory buildings/structures (including accessory dwelling units);
d. Planned unit development;
e. Manufactured home.
2. Recreational Facilities and Open Space Uses. Active or passive recreation areas.
a. Ball parks;
b. Neighborhood parks;
c. Playgrounds;
d. Community parks;
e. Cemeteries;
f. Conservation areas;
g. Baseball batting cage facilities;
h. Private concessionaires;
i. Walking/bicycle/horseback riding trails.
C. All of the above uses shall be permitted in the LMD zone; provided, that all of the standards for each use, as specified in the following table of dimensional and density requirements, and those performance standards that apply to the proposed development have been observed. The performance standards that could apply include those found in the following list:
1. Residential performance standards (including subdivision regulations);
2. Nonresidential performance standards;
3. Off-street parking and loading standards;
4. Sign standards;
5. Hillside and geologically hazardous development standards;
6. Recreational and open space standards;
7. Streams and wetlands standards;
8. Landscape standards;
9. Stormwater management standards;
10. Shoreline management standards;
11. Vegetation protection standards;
12. Floodplain protection standards;
13. Wellfield/groundwater protection standards;
14. Fish and wildlife areas protection standards.
D. Conditional Uses.
1. Duplexes or two-family dwellings;
2. Single-family detached dwellings (clustered);
3. Bed and breakfast inns/guest houses containing 10 guest rooms or less; any building used, or intended to be used, rented, or hired out to be occupied as transient housing for sleeping purposes by guests;
4. Government services, public utilities and quasi-public facilities; government agencies that provide administrative services to the city; auxiliary facilities that provide electricity, sanitary sewer services, water, transportation services, communications, and other related services for public consumption. Quasi-public facilities under this heading shall include houses of worship and other meeting facilities for the congregation, but shall not include educational facilities (except Sunday schools).
a. Sewage lift stations/water wells and pump stations;
b. Electrical substations;
c. Public safety (police/fire) stations;
d. Electrical transmission lines;
e. Libraries;
f. Houses of worship/meeting halls;
5. Retail Trade. Establishments primarily engaged in providing finished products to individuals on a limited scale; however, no car dealerships, gasoline stations, auto repair facilities, or car washes are to be allowed in this zone.
a. Convenience stores;
b. Book/stationery stores;
c. Grocery stores;
d. Pharmacies;
e. Florists;
f. Plant nurseries;
g. Video rentals and sales stores;
h. Neighborhood shopping centers. Note: neighborhood shopping centers shall include only those uses or activities that are included in retail trade, personal services, or business or professional services listing for this zoning district;
6. Personal Services. Establishments engaged in providing services primarily to individuals.
a. Barber shops;
b. Beauty salons;
c. Day care centers;
d. Shoe repair services;
e. Opticians;
f. Veterinarians/animal kennels;
7. Business or Professional Offices. Establishments primarily engaged in rendering services to other business or private individuals on a contract or fee basis.
a. Legal services;
b. Accounting services;
c. Finance, insurance and real estate services;
d. Travel agencies;
e. Professional consultants;
8. Manufactured home parks;
9. Schools. Institutions of learning (public and private).
a. Preschool facilities;
b. Elementary schools;
c. Middle schools;
d. High schools.
Low/Moderate Density (LMD) Zone
Table of Dimensional and Density Requirements
Minimum Lot Dimensions
Minimum Yard
Setbacks (ft)9
Uses Permitted
Maximum Units/Acre
Area
Width (ft)
Depth (ft)
Front10
Each Side10
Rear10
Max. Bldg. Hgt. (ft)
Max. Lot Coverage (%)
Single-Family Detached Dwellings
4.0
10,890 sq. ft.
80
80
20
10
20
30
35
Single-Family Detached Dwellings (Clustered)7, 8
4.0
10,890 sq. ft.
80
80
20
10
20
30
35
Duplexes/Two-Family Dwellings7
6.0
14,000 sq. ft.
80
100
20
10
25
30
35
Manufactured Homes
4.0
10,890 sq. ft.
80
80
20
10
20
30
35
Manufactured Home Parks7
5.0
5 acres
300
300
25
20
50
30
30
Planned Unit Developments11
4.0
2 acres
40
100
20
5
20
30
30
Accessory Dwelling Units1
4.0
10,890 sq. ft.
80
80
20
10
15
30
20
Bed and Breakfast Inns/Guesthouses7
10 rooms2
21,780 sq. ft
80
150
25
10
25
30
35
Sewage Lift Station/Water Pump Station7
–
8,000 sq. ft.
70
80
25
15
25
20
40
Public Safety (Police/Fire) Stations7
–
1 acre
150
200
50
30
60
30
25
Electrical Substations7
–
21,780 sq. ft
100
150
25
30
25
30
25
Libraries7
–
1 acre
100
200
25
25
25
30
25
Houses of Worship7
–
1 acre
150
200
25
25
50
30
20
Recreational Facilities
–
3
3
3
3
3
3
20
25
Retail Trade Establishments4, 7
–
8,000 sq. ft.5
70
80
25
15
30
30
25
Neighborhood Shopping Centers7
–
1 acre5
150
200
50
50
30
30
25
Personal Service Establishments7
–
8,000 sq. ft.5
70
80
25
15
30
30
25
Business/Professional Services7
–
8,000 sq. ft.5
70
80
25
15
30
30
25
Preschool Facilities7
–
8,000 sq. ft.
70
80
25
15
30
30
25
Elementary Schools7
–
10 acres6
300
300
25
25
50
30
25
Middle Schools7
–
15 acres6
300
300
25
25
50
30
25
High Schools7
–
15 acres6
500
500
50
50
50
50
25
1The accessory dwelling unit dimensional and density requirements set forth in this table are based on a maximum allowance of one accessory unit for each single-family detached dwelling. The minimum lot size requirements are for a single-family detached dwelling and accessory dwelling unit on the same lot. Therefore, the indication that 10,890 sq. ft. is required for a single-family detached unit and an accessory unit should not be construed to mean that each activity will require this amount of land. Rather, the intent is that a minimum of 10,890 sq. ft. will be required to accommodate both of these activities on one lot.
2Bed and breakfast inns/guesthouses shall not exceed a total of 10 rooms within a single development in this zone.
3Minimum dimensional requirements for recreational facilities shall be established by the building and zoning official, based on the recreation performance standards.
4No automobile-related retail trade establishment (new or used car dealership, service station, gasoline station, car wash, etc.) shall be permitted in this zone, nor shall any adult entertainment facility be permitted in this zone.
5The maximum lot size shall be no more than one acre for individual retail trade, personal service, and business/professional service establishments in this zone, or two acres in the case of a neighborhood shopping center.
6Plus one acre per 100 students.
7Conditional use.
8Requirements may be reduced in accordance with the criteria established for obtaining approval as a conditional use.
9All site and development plans including lots within short and formal subdivisions shall show building envelopes based on minimum yard setbacks.
10Eaves of a dwelling or accessory structure may project 12 inches from the line of the setback toward a property line when the setback is at least five feet, and 16 inches toward a property line when the setback is at least six feet. All other uses shall conform to the requirements of the Uniform Building Code Section 503.2 and Section 705.
11Average and minimum lot size: 4,500 sq. ft. average for all lots within the development with a minimum lot size of 4,000 sq. ft.
(Ord. 917-06 § 1; Ord. 834-03 § 1; Ord. 780-02 §§ 1, 2, 3; Ord. 630 § 2[16.07.010], 1995)
16.12.020 Moderate density (MD) zone.
A. General Description of Character and Intent of the Zone. This zone includes areas that are, at the present time, largely served by municipal sewer and water lines. This zoning district is intended to accommodate medium density residential development, active and passive recreational facilities, small office development, as well as neighborhood-oriented commercial enterprises.
B. Permitted Uses.
1. Residential. Buildings occupied or intended to be occupied for residential purposes and supporting activities.
a. Single-family detached dwellings;
b. Home occupations;
c. Accessory buildings/structures (including accessory dwelling units);
d. Planned unit development;
e. Residential treatment facility.
2. Recreational Facilities. Active or passive recreational areas or facilities engaged in providing leisure-time services.
a. Ball parks;
b. Playgrounds;
c. Swimming pools;
d. Neighborhood parks;
e. Community parks;
f. Walking/bicycle/horseback riding trails;
g. Private concessionaires.
C. All of the above uses shall be permitted in the MD zone; provided, that all of the standards for each use, as specified in the following table of dimensional and density requirements, and those performance standards that apply to the proposed development have been observed. The performance standards that could apply include those found in the following list.
1. Residential performance standards (including subdivision regulations);
2. Nonresidential performance standards;
3. Off-street parking and loading standards;
4. Sign standards;
5. Hillside and geologically hazardous development standards;
6. Recreational and open space standards;
7. Streams and wetlands standards;
8. Landscape standards;
9. Stormwater management standards;
10. Shoreline management standards;
11. Vegetation protection standards;
12. Floodplain protection standards;
13. Wellfield/groundwater protection standards;
14. Fish and wildlife areas protection standards.
D. Conditional Uses.
1. Duplexes or two-family dwellings;
2. Single-family detached dwellings (clustered);
3. Attached dwellings (townhouses, patio homes);
4. Zero-lot line dwellings;
5. Multiple-family dwellings;
6. Manufactured home parks;
7. Bed and breakfast inns/guest houses containing 16 guest rooms or less;
8. Schools. Institutions of learning (public or private):
a. Preschool facilities;
b. Elementary schools;
c. Middle schools;
d. High schools;
9. Retail Trade. Establishments primarily engaged in providing finished products to individuals on a limited scale. However, no car dealerships, gasoline stations, auto repair facilities, or car washes are to be allowed in this zone.
a. Apparel and accessories shops;
b. Book/stationery stores;
c. Electric and electronic appliance stores;
d. Grocery stores;
e. Retail food establishments (restaurants and catering services only);
f. Florists;
g. Camera/photographic equipment stores;
h. Pharmacies;
i. Plant nurseries;
j. Video rentals and sales stores;
k. Convenience stores;
l. Neighborhood shopping centers. Note: neighborhood shopping centers shall include only those uses or activities that are included in retail trade, personal services, or business or professional services listing for this zoning district;
10. Personal Services. Establishments primarily engaged in providing services to individuals:
a. Barber shops;
b. Beauty salons;
c. Funeral homes/mortuaries;
d. Shoe repair services;
e. Opticians;
f. Laundromats/laundry services;
g. Day care centers;
h. Veterinarians/animal kennels;
i. Banks;
11. Business or Professional Services. Establishments primarily engaged in rendering services to other business or private individuals on a contract or fee basis:
a. Legal services;
b. Accounting services;
c. Finance, insurance and real estate services;
d. Health care facilities;
e. Travel agencies;
f. Professional consultants;
12. Government Services, Public Utilities and Quasi-Public Facilities. Government agencies that provide administrative services to the city. Auxiliary facilities that provide electricity, sanitary sewer services, water, transportation services, communications, and other related services for public consumption. Quasi-public facilities under this heading shall include houses of worship and other meeting facilities for the congregation, but shall not include educational facilities (except Sunday schools).
a. Public safety (police/fire) stations;
b. Community centers;
c. Sewage lift stations/water wells and pump stations;
d. Electrical substations;
e. Electrical transmission lines;
f. Hospitals/sanitariums;
g. Libraries;
h. Houses of worship/meeting halls.
Moderate Density (MD) Zone
Table of Dimensional and Density Requirements
Minimum Lot Dimensions
Minimum Yard
Setbacks (ft)11
Uses Permitted
Maximum Units/Acre
Area
Width (ft)
Depth (ft)
Front12
Each Side12
Rear12
Max. Bldg. Hgt. (ft)
Max. Lot Coverage (%)
Single-Family Detached Dwellings
6.0
7,200 sq. ft.
60
80
20
total 15
min 5
20
30
35
Single-Family Detached Dwellings (Clustered)9, 10
6.0
7,200 sq. ft.
60
80
20
total 15
min 5
20
30
35
Duplexes/Two-Family Dwellings9
8.0
10,000 sq. ft.
80
80
20
10
20
30
40
Attached Dwellings2, 9
8.0
20,000 sq. ft.
100
100
15
15
15
30
40
Zero Lot Line Dwellings2, 9
8.0
20,000 sq. ft.
100
100
15
15
15
30
40
Multiple-Family Dwellings9
10.0
12,000 sq. ft. for a triplex; 4,500 sq. ft. of additional lot area for each additional unit3
100
100
25
1014
30
30
40
Manufactured Home Parks9
7.0
5 acres
300
300
20
10
20
30
35
Accessory Dwelling Units
6.0
7,200 sq. ft.
60
80
20
5
15
30
20
Planned Unit Developments13
6.0
2 acres
40
100
20
5
20
30
35
Planned Affordable Residential Development
8.0
3 acres
200
200
20
10
20
30
40
Residential Treatment Facility
10 rooms
1 acre
120
200
25
25
40
30
25
Bed and Breakfast Inns/Guesthouses9
10 rooms4
20,000 sq. ft.
100
150
25
15
25
30
30
Boarding/Rooming Houses
10 rooms
20,000 sq. ft.
100
150
25
15
25
30
30
Preschool Facilities9
–
7,200 sq. ft.
60
80
20
5
20
30
35
Elementary Schools9
–
10 acres8
300
300
25
25
50
30
25
Middle Schools9
–
15 acres8
300
300
25
25
50
30
25
High Schools9
–
15 acres8
500
500
50
50
50
50
25
Retail Trade Establishments5, 9
–
7,000 sq. ft.6
60
75
20
10
20
30
25
Personal Service Establishments9
–
7,000 sq. ft.6
60
75
20
10
20
30
25
Business/Professional Services9
–
7,000 sq. ft.6
60
75
20
10
20
30
25
Neighborhood Shopping Centers9
–
1 acre6
150
200
50
50
30
30
25
Sewage Lift Station/Water Pump Station9
–
8,000 sq. ft.
70
80
25
15
25
20
40
Public Safety (Police/Fire) Stations9
–
1 acre
150
200
50
30
60
30
25
Electrical Substations9
–
21,780 sq. ft.
100
150
25
30
25
30
25
Libraries9
–
1 acre
100
200
25
25
25
30
25
Hospitals/Sanitarium9
–
2 acres
300
300
50
50
50
50
25
Community Centers9
–
20,000 sq. ft.
100
100
25
15
25
30
25
Houses of Worship9
–
1 acre
100
200
25
15
25
30
25
Recreational Facilities
–
7
7
7
7
7
7
20
25
1The front yard setback of 10 feet shall apply to the principal structure. Any garage or carport built in conjunction with this type of dwelling, either attached to the principal structure or detached, shall have a minimum setback of 20 feet.
2The lot area, width, and depth requirements, as well as the front, rear, and side, yard setbacks for attached and zero-lot line dwellings are not intended to be applied to individual units. Rather, they are meant to be used to establish the minimum dimensional and density requirements for those housing types. For example, if a townhouse development is proposed to be built on a 20,000-square-foot lot, four units can be built. Each unit would not be required to have a side yard adjacent to another townhouse unit. The side yard requirement indicated above shall apply only to the perimeter of the total proposed development.
3Maximum lot size shall be no more than three acres for any single multiple-family development in this zone.
4Bed and breakfast inns/guest houses shall not exceed a total of 16 rooms within a single development in this zone.
5No automobile-related retail trade establishment shall be permitted in this zone, nor shall any adult entertainment facility be permitted in this zone.
6The maximum lot size shall be no more than one acre for individual retail trade, personal service, and business/professional service establishments in this zone, or two acres in the case of a neighborhood shopping center.
7Minimum dimensional requirements for recreational facilities shall be established by the building and zoning official, based on the recreation performance standards.
8Plus one acre per 100 students.
9Conditional use.
10Requirements may be reduced in accordance with the criteria established for obtaining approval as a conditional use.
11All site and development plans including lots within short and formal subdivisions shall show building envelopes based on minimum yard setbacks.
12Eaves of a dwelling or accessory structure may project 12 inches from the line of the setback toward a property line when the setback is at least five feet, and 16 inches toward a property line when the setback is at least six feet. All other uses shall conform to the requirements of the Uniform Building Code Section 503.2 and Section 705.
13Average and minimum lot size: 4,5000 sq. ft. average for all lots within the development with a minimum lot size of 4,000 sq. ft.
14No portion of a building wall 10 feet to 20 feet in height shall be closer than 10 feet. No portion of a building wall 20 feet to 30 feet in height shall be closer than 15 feet.
(Ord. 928-06 § 1; Ord. 917-06 § 2; Ord. 834-03 § 2; Ord. 780-02 §§ 4, 5, 6; Ord. 630 § 2[16.07.020], 1995)
16.12.030 High density (HD) zone.
A. General Description of Character and Intent of the Zone. This zoning district includes moderately to densely developed areas that are located primarily in the heart of the city and are proposed to comprise of higher density residential development and a wide range of commercial activities.
B. Permitted Uses.
1. Residential. Buildings occupied or intended to be occupied for residential purposes and supporting activities.
a. Single-family detached dwellings;
b. Duplexes or two-family dwellings;
c. Attached dwellings (townhouses, patio homes) of 12 dwelling units or less;
d. Zero-lot line dwellings of 12 dwelling units or less;
e. Multiple-family dwellings of 12 dwelling units or less;
f. Home occupations;
g. Accessory buildings/structures (including accessory dwelling units).
2. Planned unit developments.
C. All of the above uses shall be permitted in the HD zone; provided, that all of the standards for each use, as specified in the following table of dimensional and density requirements, and those performance standards that apply to the proposed development have been observed. The performance standards that could apply include those found in the following list.
1. Residential performance standards (including subdivision regulations);
2. Nonresidential performance standards;
3. Off-street parking and loading standards;
4. Sign standards;
5. Hillside and geologically hazardous development standards;
6. Recreational and open space standards;
7. Streams and wetlands standards;
8. Landscape standards;
9. Stormwater management standards;
10. Shoreline management standards;
11. Vegetation protection standards;
12. Floodplain protection standards;
13. Wellfield/groundwater protection standards;
14. Fish and wildlife areas protection standards.
D. Conditional Uses.
1. Attached dwellings (townhouses, patio homes) of 12 dwelling units or more;
2. Zero-lot line dwellings of 12 dwelling units or more;
3. Multifamily dwellings of 12 dwelling units or more;
4. Residential treatment facility not to exceed 10 rooms;
5. Apartment hotels (not to exceed 20 guest rooms) and bed and breakfast inns/guest houses (not to exceed 16 guest rooms);
6. Schools, institutions of learning (public or private).
a. Preschool facilities;
b. Elementary schools;
c. Middle schools;
d. High schools;
7. Retail Trade. Establishments primarily engaged in providing finished products to individuals on a limited scale. However, no car dealerships, gasoline stations, auto repair facilities, or car washes are to be allowed in this zone.
a. Apparel and accessories shops;
b. Book/stationery stores;
c. Confectionery shops;
d. Electric and electronic appliance stores;
e. Grocery stores;
f. Household items stores;
g. Camera/photographic equipment stores;
h. Sporting goods stores;
i. Convenience stores;
j. Neighborhood shopping centers. Note: Neighborhood shopping centers shall include only those uses or activities that are included in retail trade, personal services, or business or professional services listing for this zoning district;
k. Pharmacies;
l. Retail food establishments (restaurants and catering services only);
m. Bars, taverns, cocktail lounges;
n. Video rentals and sales stores;
8. Personal Services. Establishments primarily engaged in providing services to individuals.
a. Barber shops;
b. Beauty salons;
c. Health clubs;
d. Private clubs;
e. Funeral homes/mortuaries;
f. Shoe repair services;
g. Opticians;
h. Laundromats/laundry and dry cleaning services;
i. Day care centers;
j. Veterinarians (not to include animal kennels);
k. Banks;
9. Business or Professional Services. Establishments primarily engaged in rendering services to other businesses or private individuals on a contract or fee basis.
a. Advertising agencies;
b. Legal services;
c. Accounting services;
d. Finance, insurance and real estate services;
e. Employment services;
f. Health care facilities;
g. Travel agencies;
h. Professional consultants;
i. Photocopying/film processing facilities;
j. Parking structures;
10. Government Services, Public Utilities and Quasi-Public Facilities. Government agencies that provide administrative services to the city. Auxiliary facilities that provide electricity, sanitary sewer services, water, transportation services, communications, and other related services for public consumption. Quasi-public facilities under this heading shall include houses of worship and other meeting facilities for the congregation, but shall not include educational facilities (except Sunday schools).
a. Sewage lift stations/water wells and pump stations;
b. Electrical substations;
c. Public safety (police/fire) stations;
d. Electrical transmission lines;
e. Libraries;
f. Houses of worship/meeting halls;
g. Community centers;
h. Government offices;
11. Night clubs;
12. Swimming pools;
13. Amusement parks;
14. Seasonal parking facilities.
High Density (HD) Zone
Table of Dimensional and Density Requirements
Minimum Lot Dimensions
Minimum Yard
Setbacks (ft)9
Uses Permitted
Maximum Units/Acre
Area
Width (ft)
Depth (ft)
Front10
Each Side10
Rear10
Max. Bldg. Hgt. (ft)
Max. Lot Coverage (%)
Single-Family Detached Dwellings
8.7
5,000 sq. ft.
45
75
101
total 15
min 5
20
30
55
Duplexes/Two-Family Dwellings
12.0
7,000 sq. ft.
50
75
20
108
20
30
40
Attached Dwellings2, 7
12.0
0.5 acres
100
100
20
15
20
30
40
Zero Lot Line Dwellings2, 7
12.0
0.5 acres
100
100
20
15
20
30
45
Multiple-Family Dwellings7
20.0
10,000 sq. ft. for a triplex; 1,974 sq. ft. of additional lot area for each additional unit
100
100
25
108
25
30
45
Accessory Dwelling Units3
9.5
5,000 sq. ft.
45
75
101
total 15
min 5
15
30
30
Planned Unit Developments11
8.7
2 acres
40
75
10
5
20
30
55
Residential Treatment Facility7
10 rooms
0.5 acres
100
100
20
25
25
30
25
Apartment Hotels7
20 rooms
1 acre
100
200
25
20
25
30
25
Bed and Breakfast Inns/Guesthouses7
16 rooms
0.5 acres
100
100
20
20
20
30
25
Preschool Facilities7
–
7,200 sq. ft.
60
80
20
5
20
30
35
Elementary Schools6, 7
–
10 acres6
300
300
25
25
50
30
25
Middle Schools6, 7
–
15 acres6
300
300
25
25
50
30
25
High Schools6, 7
–
15 acres6
500
500
50
50
50
50
25
Retail Trade Establishments7
–
6,000 sq. ft.
50
75
10
10
25
30
40
Personal Service Establishments7
–
6,000 sq. ft.
50
75
10
10
25
30
40
Business/Professional Services7
–
6,000 sq. ft.
50
75
10
10
25
30
40
Neighborhood Shopping Centers7
–
1 acre4
100
200
25
20
30
30
25
Sewage Lift Station/Water Pump Station7
–
8,000 sq. ft.
70
80
25
15
25
20
40
Electrical Substations7
–
0.5 acres
100
100
25
30
25
30
25
Public Safety (Police/Fire) Stations7
–
1 acre
150
200
25
25
60
30
25
Libraries7
–
0.5 acres
100
100
20
10
25
30
30
Parking Structures7
–
0.5 acres
100
100
10
10
10
60
85
Houses of Worship7
–
1 acre
100
150
25
25
25
30
25
Community Centers7
–
1 acre
100
200
25
25
25
30
25
Office Buildings
–
0.5 acres
100
200
20
20
30
30
25
Night Clubs7
–
1 acre
100
100
25
30
35
30
25
Government Offices7
–
0.5 acres
100
200
20
20
35
30
25
Amusement Parks7
–
1 acre
125
225
25
25
35
30
25
Veterinarians
–
10,000 sq. ft.
75
100
20
20
35
30
25
Recreational Facilities
–
5
5
5
5
5
5
20
25
Seasonal Parking Facility7
–
2,500 sq. ft.
50
50
10
5
5
–
–
1The front yard setback of 10 feet shall apply to the principal structure. Any garage or carport built in conjunction with these dwelling unit types, either attached to or detached from the principal structure, shall have a minimum front yard setback of 20 feet.
2The lot area, width, and depth requirements, as well as the front, side, and rear yard setbacks for attached and zero-lot line dwellings are not intended to be applied to the individual units. Rather, they are meant to be used to establish the minimum dimensional and density requirements for these housing types. For example, if a townhouse development is proposed to be built on a one acre lot, 12 units can be built. Each unit would not be required to have a side yard adjacent to another townhouse unit. The side yard requirement indicated above applies only to the perimeter of the total proposed development.
3The accessory dwelling unit dimensional and density requirements set forth in this table are based on a maximum allowance of one accessory unit for each single-family detached dwelling. The minimum lot size requirements are for a single-family detached dwelling and accessory dwelling unit on the same lot. Therefore, the indication that 5,000 square feet are required for a single-family detached unit and an accessory unit should not be construed to mean that each activity will require this amount of land. Rather, the intent is that a minimum of 5,000 square feet will be required to accommodate both of these activities on one lot.
4The maximum lot size shall be no more than two acres for neighborhood shopping centers in this zone.
5Minimum dimensional requirements for recreational facilities shall be established by the building and zoning official, based on the recreation performance standards.
6Plus one acre per 100 students.
7Conditional use.
8No portion of a building wall 10 feet to 20 feet in height shall be closer than 10 feet. No portion of a building wall 20 feet to 30 feet in height shall be closer than 15 feet.
9All site and development plans including lots within short and formal subdivisions shall show building envelopes based on minimum yard setbacks.
10Eaves of a dwelling or accessory structure may project 12 inches from the line of the setback toward a property line when the setback is at least five feet, and 16 inches toward a property line when the setback is at least six feet. All other users shall conform to the requirements of the Uniform Building Code Section 503.2 and Section 705.
11Average and minimum lot size: 4,500 sq. ft. average for all lots within the development with a minimum lot size of 4,000 sq. ft.
(Ord. 928-06 § 2; Ord. 917-06 §§ 3, 4; Ord. 834-03 § 3; Ord. 780-02 §§ 7, 8, 9; Ord. 765-01 §§ 1, 2; Ord. 630 § 2[16.07.030], 1995)
16.12.040 Urban center (UC) zone.
A. General Description of Character and Intent of the Zone. This zoning district encompasses downtown Sultan and is proposed to include high-density residential, commercial, office, and other central business district functions to provide a full range of pedestrian-oriented activities and urban services. This zone does not include highway-oriented activities that would be counter-productive in terms of trying to establish a pedestrian-oriented, close-knit urban center.
B. Permitted Uses.
1. Residential. Buildings occupied or intended to be occupied exclusively for residential purposes and supporting activities.
a. Attached dwellings (townhouses, patio homes);
b. Multiple-family dwellings;
c. Home occupations;
d. Accessory buildings/structures;
e. Boarding/rooming houses;
f. Residential treatment facility;
g. Second and third story residential over commercial and/or office development.
2. Hotels and Guest Houses. Any building used or intended to be used, rented, or hired out to be occupied for sleeping purposes by guests.
a. Apartment hotels;
b. Hotels;
c. Bed and breakfast inns;
d. Guest houses.
3. Retail Trade Establishments. Establishments primarily engaged in providing finished products to individuals. However, no automobile-related retail trade facility, drive-in establishments (e.g., drive-in restaurants), or establishment that requires a large truck traffic volume because of the nature of its operation (e.g., building supplies, lumber yards, etc.) shall be allowed in this zone.
a. Apparel and accessories shops;
b. Book and stationery stores;
c. Confectionery shops;
d. Handicraft, craft, and artisan shops and studios;
e. Dairy products stores;
f. Electrical and electronic products stores;
g. Furniture stores;
h. Grocery stores;
i. Gift shops;
j. Household items stores;
k. Office furnishings and equipment stores;
l. Artist and drawing supplies stores;
m. Photographic equipment/camera shops;
n. Sporting goods stores;
o. Retail food establishments (all types except drive-in restaurants);
p. Jewelry shops;
q. Pharmacies;
r. Pawnshops;
s. Theaters, art galleries, and museums;
t. Boutiques;
u. Bars, taverns, and cocktail lounges;
v. Bakeries;
w. Parking structures.
4. Personal Service Establishments. Establishments primarily engaged in providing services to individuals.
a. Barber shops;
b. Beauty salons;
c. Private clubs;
d. Health/athletic clubs;
e. Bicycle repair shops;
f. Shoe repair shops;
g. Tailors;
h. Opticians;
i. Laundromats/laundry and dry cleaning establishments;
j. Day care centers;
k. Veterinarians (not to include animal kennels);
l. Funeral homes/mortuaries;
m. Banks.
5. Business or Professional Service Establishments. Establishments primarily engaged in rendering services to businesses or private individuals on a contract or fee basis.
a. Advertising agencies;
b. Legal services;
c. Accounting services;
d. Finance, insurance, and real estate services;
e. Employment services;
f. Health care facilities/doctors’ and dentists’ offices;
g. Travel agencies;
h. Professional consultants;
i. Off-set printing and publishing/photocopying/photo processing services.
6. Government Services, Public Utilities, and Quasi-Public Facilities. Government agencies that provide executive, legislative, judicial, regulatory, and administrative functions to the city. Auxiliary facilities that provide electricity, sanitary sewers, water, transportation, communications, and other related services for public consumption. Quasi-public facilities under this heading shall include houses of worship and other meeting facilities for the congregation, but shall not include educational facilities (except Sunday schools).
a. Post offices;
b. Courthouses;
c. Government offices;
d. Public safety (police/fire) stations;
e. Libraries;
f. Electrical substations;
g. Houses of worship;
h. Electrical transmission lines;
i. Public transit terminals.
7. Recreational Facilities. Active or passive recreational areas or establishments engaged in providing amusement or entertainment services.
a. Urban parks;
b. Playgrounds;
c. Tot lots;
d. Night clubs;
e. Game/video arcades.
C. All of the above uses shall be permitted in the UC zone; provided, that all of the standards for each use, as specified in the following table of dimensional and density requirements, and those performance standards that apply to the proposed development have been observed. The performance standards that could apply include those found in the following list.
1. Residential performance standards (including subdivision regulations);
2. Nonresidential performance standards;
3. Off-street parking and loading standards;
4. Sign standards;
5. Recreational and open space standards;
6. Streams and wetlands standards;
7. Landscape standards;
8. Stormwater management standards;
9. Shoreline management standards;
10. Vegetation protection standards;
11. Floodplain protection standards;
12. Fish and wildlife areas protection standards.
D. Conditional Uses.
1. Personal Service Establishments.
a. Drive-in banks.
2. Seasonal parking facility.
3. Restricted Limited Manufacturing Uses. Restricted limited manufacturing uses involving the processing or fabrication of commodities or products subject to all of the following restrictions, development and performance standards:
a. All manufacturing activities including storage and warehousing shall be confined to enclosed buildings on the property.
b. The use does not inflict upon the surrounding permitted land uses in the district smoke/odors, glare/heat, noise, vibration, or liquid and solid wastes, and water pollution detrimental to the health, welfare, or safety of the public occupying or visiting such areas.
c. The design of buildings and related improvements shall employ design standards to support and maintain the commercial character and intent of the area.
Urban Center (UC) Zone
Table of Dimensional and Density Requirements
Minimum Lot Dimensions
Minimum Yard Setbacks (ft)
Uses Permitted
Maximum Units/Acre
Area
Width (ft)
Depth (ft)
Front
Each Side
Rear
Max. Bldg. Hgt. (ft)
Max. Lot Coverage (%)8
Attached Dwellings1
14.0
10,000 sq. ft.
70
80
10
10
25
30
60
Multiple-Family Dwellings
24.0
1 acre
100
200
20
10
25
30
50
Boarding/Rooming Houses
12 (rooms)
8,000 sq. ft.
70
80
10
10
25
30
60
Residential Treatment Facility
10 (rooms)
0.5 acres
100
100
25
25
25
30
50
Residential Units Over Retail/Office
2
2
2
2
2
2
2
2
2
Hotels/Apartment Hotels
30 (rooms)
0.5 acres
100
100
10
0
35
30
60
Bed and Breakfast Inns/Guest Houses
12 (rooms)
10,000 sq. ft.
70
80
25
10
25
30
60
Retail Trade Establishments3, 5
–
3,500 sq. ft.
70
80
0
0
15
30
80
Personal Service Establishments3
–
2,500 sq. ft.
20
75
0
0
15
30
90
Business/Professional Services Establishments3
–
2,500 sq. ft.
20
75
0
0
15
30
90
Health Care Facilities
–
2,500 sq. ft.
20
75
0
0
15
30
90
Post Offices
–
1 acre
100
200
0
15
40
30
30
Courthouses/Government Offices
–
0.5 acres
100
100
0
0
35
30
40
Office Buildings
–
10,000 sq. ft.
75
75
0
0
35
30
60
Public Safety (Police/Fire) Stations
–
1 acre
100
200
25
25
50
30
30
Libraries
–
10,000 sq. ft.
75
75
0
0
35
30
60
Houses of Worship
–
0.5 acres
100
100
10
25
35
30
35
Theaters
–
8,000 sq. ft.
70
80
0
0
35
30
60
Museums/Art Galleries
–
5,000 sq. ft.
40
80
0
0
15
30
75
Night Clubs
–
5,000 sq. ft.
40
80
0
0
15
30
60
Health Clubs
–
5,000 sq. ft.
40
80
0
0
15
30
60
Recreation Facilities
–
4
4
4
4
4
4
20
25
Public Transit Terminals/Storage/Maintenance Facilities
–
1 acre
100
200
25
25
25
30
25
Parking Structures
–
10,000 sq. ft.
75
75
0
0
0
30
100
Restricted Limited Manufacturing6, 7
New structures/developments on vacant lots
–
3,500 sq. ft.
70
80
0
0
15
30
80
Existing structures/redevelopments on developed lots
–
1,980 sq. ft.
0
0
0
0
0
30
100
Seasonal Parking Facility7
–
2,500 sq. ft.
50
50
10
5
5
–
–
1The lot area, width, and depth requirements, as well as the front, rear, and side yard setbacks for attached dwellings are not intended to be applied to the individual units. Rather, they are meant to be used to establish the minimum dimensional and density requirements for an attached housing development. For example, if a townhouse development is proposed to be built on a 10,000-square-foot lot, four units can be built. Each unit would not be required to have any side yard adjacent to another townhouse unit. The side yard dimensional requirement of 10 feet indicated in the above table shall apply only to the perimeter of the entire property proposed for attached housing developments.
2See the residential performance standards section of this title for development standards and criteria for residential units over retail and office uses.
3The maximum lot size shall be no more than one-half acre for individual retail trade, business service, and personal service establishments in this zone. No automobile-related retail trade establishment (new or used car dealership, service station, gasoline station, car wash, etc.) nor any drive-in establishment (restaurant, etc.) nor any adult entertainment facility shall be permitted in this zone.
4Minimum dimensional requirements for recreational facilities shall be established by the building and zoning official, based on the recreation performance standards.
5Handicraft, craft, and artisan shops and studios shall be limited to 2,000 square feet of floor area of fabrication of manufacturing space in this zone. The retail sales floor area (which shall be shown on any plans submitted for development approval) for this activity shall not be counted as part of this requirement.
6 (1) Air pollution shall meet the ambient air quality standards specified by the Puget Sound Air Pollution Control Agency and all air contaminants therein.
(2) All operations producing intense heat or glare shall be performed within an enclosure so as to completely obscure such operation from view from any point of the property line.
(3) The maximum noise levels as measured at property line shall be those set forth in Chapter 173-60 WAC, Maximum Environmental Levels.
(4) No use shall cause earth vibration or concussions detectable without the aid of instruments beyond its property lot lines.
(5) Liquid and solid wastes shall be disposed of on a regular basis in keeping with the best operating standards of the industry and in compliance with the regulations and requirements of local, regional, state or federal agencies having jurisdiction in waste disposal and environmental health and safety.
7Conditional use.
8Buildable Area Calculation – Transfer of Floor Area. An owner of a site or property containing critical areas (streams and wetlands) may be permitted to transfer the available floor area attributed to the size of the critical area to the unconstrained portion of the same site or property, and reduce the parking requirements for the development by an area equal to the floor area transferred, subject to the following requirements:
(1) The critical area and or stream corridor and required buffers be dedicated to the city as an easement.
(2) The minimum parking requirements for the proposed single-story land use, based on maximum lot coverage and net usable lot area is provided.
(Ord. 787-02 §§ 1, 2; Ord. 780-02 § 10; Ord. 765-01 §§ 3, 4; Ord. 743-00; Ord. 630 § 2[16.07.040], 1995)
16.12.050 Highway-oriented development (HOD) zone.
A. General Description of Character and Intent of the Zone. This zone includes areas that have the potential to accommodate moderate to dense highway-oriented development along Route 2. Commercial and office uses as part of a planned retail center are envisioned for this zoning district.
B. Permitted Uses.
1. Residential.
a. Caretaker residences.
2. Hotels and Guest Houses. Any building used or intended to be used, rented, or hired out to be occupied for sleeping purposes by guests.
a. Apartment hotels;
b. Hotels;
c. Motels;
d. Bed and breakfast inns;
e. Guest houses.
3. Retail Trade Establishments/Wholesale Trade Establishments. Establishments primarily engaged in providing finished products to individuals and retailers.
a. Pawnshops;
b. Bakeries;
c. Apparel and accessories shops;
d. Florists and plant nurseries;
e. Gift shops;
f. Book and stationery stores;
g. Electrical and electronic products shops;
h. Furniture stores;
i. Handicraft, craft, and artisan shops;
j. Home building supply stores;
k. Grocery stores/supermarkets;
l. Household items stores;
m. Office furnishings and equipment stores;
n. Photographic equipment/camera shops;
o. Sporting goods stores;
p. Automobile service stations;
q. Car washes;
r. Automobile sales and services;
s. Automobile rental agencies;
t. Shopping centers;
u. Retail food establishments;
v. Pharmacies;
w. Bars/taverns/cocktail lounges;
x. Flea markets;
y. Theaters/museums/art galleries;
z. Public transit terminals;
aa. Agricultural produce stands (temporary use as part of planned retail center);
bb. Video rentals and sales.
4. Personal Service Establishments. Establishments primarily engaged in providing services to individuals.
a. Barber shops;
b. Beauty salons;
c. Health clubs;
d. Private clubs;
e. Funeral homes/mortuaries;
f. Shoe repair shops;
g. Opticians;
h. Automobile fuel dispensing and repair and servicing conducted inside a building;
i. Laundromats/laundry and dry cleaning establishments;
j. Day care centers;
k. Veterinarians/animal kennels and shelters;
l. Banks.
5. Business and Professional Offices. Establishments primarily engaged in rendering services to businesses or private individuals on a contract or fee basis.
a. Advertising agencies;
b. Accounting services;
c. Legal services;
d. Finance, insurance, and real estate services;
e. Health care facilities/doctors’ and dentists’ offices;
f. Employment services;
g. Travel agencies;
h. Professional consultants;
i. Off-set printing and publishing/photocopying/photo processing services.
6. Government Services, Public Utilities, and Quasi-Public Facilities. Government agencies and entities that provide administrative and related services to the community.
a. Libraries;
b. Government offices;
c. Post offices;
d. Public safety (police/fire) stations.
7. Recreational and Entertainment Facilities. Active or passive recreational areas or establishments engaged in providing amusement or entertainment services.
a. Ball parks;
b. Urban parks;
c. Night clubs combined with a bar or restaurant, etc.;
d. Game/video arcades.
8. Miscellaneous Associated Facilities.
a. Recreational vehicle parks;
b. Tattoo parlors.
9. Manufacturing.
a. Food processing in conjunction with retail sales of food/beverage products.
C. Conditional Uses.
1. Manufacturing Uses.
a. Freezer plants/cold storage/food mills/fertilizer production and storage;
b. Apparel/finished products;
c. Building construction yards;
d. Electrical/electronics;
e. Metal products;
f. Computer equipment;
g. Leather products;
h. Adult entertainment.
2. Lift stations/wells/pumps.
3. Substations.
4. Houses of worship.
5. Transmission lines.
6. Seasonal parking facility.
D. Temporary Uses.
1. Agricultural produce stands as part of a planned retail center.
2. Accessory Uses.
a. Caretaker residences;
b. Parking structures.
E. All of the above uses shall be permitted in the HOD zone; provided, that all of the standards for each use, as specified in the following table of dimensional and density requirements, and those performance standards that apply to the proposed development have been observed. The performance standards that could apply include those found in the following list:
1. Residential performance standards (including subdivision regulations);
2. Nonresidential performance standards;
3. Off-street parking and loading standards;
4. Sign standards;
5. Hillside and geologically hazardous development standards;
6. Recreational and open space standards;
7. Streams and wetlands standards;
8. Landscape standards;
9. Stormwater management standards;
10. Shoreline management standards;
11. Vegetation protection standards;
12. Floodplain protection standards;
13. Wellfield/groundwater protection standards;
14. Fish and wildlife areas protection standards;
15. Industrial park master plan.
Highway-Oriented Development (HOD) Zone
Table of Dimensional and Density Requirements
Minimum Lot Dimensions
Minimum Yard Setbacks (ft)
Uses Permitted
Maximum Units/Acre
Area
Width (ft)
Depth (ft)
Front
Each Side
Rear
Max. Bldg. Hgt. (ft)
Max. Lot Coverage (%)
Caretaker Residence
–
4,500 sq. ft.
50
90
25
10
25
30
25
Guest Houses
12 rooms
0.5 acres
100
100
25
10
25
30
35
Hotels/Apartment Hotels
30 rooms
0.5 acres
100
100
25
10
25
30
35
Motels
30 rooms
1 acre
100
200
25
10
25
30
25
Bed and Breakfast Inns/Guest Houses
16 rooms
0.5 acres
100
100
25
25
25
30
25
Retail Trade Establishments1
–
10,000 sq. ft.
70
80
25
10
25
30
256
Agricultural Produce Stands/Plant Nurseries5
–
10,000 sq. ft.
70
80
25
10
10
30
50
Home Building Supply Stores
–
1 acre
100
200
50
25
50
30
356
Flea Markets3
–
1 acre
100
200
25
25
25
30
25
New and Used Car Sales and Service Facilities
–
1 acre
100
200
25
25
25
30
256
Automobile Service Stations/Car Washes
–
0.5 acres
100
100
25
25
25
30
25
Automobile Rental Agencies
–
10,000 sq. ft.
70
80
25
10
25
30
20
Shopping Centers
–
2 acres
200
300
25
25
50
30
256
Wholesale/Storage/Distribution Facilities
–
1 acre
100
200
25
25
25
30
406
Personal Services Establishments1
–
10,000 sq. ft.
70
80
10
10
25
30
356
Veterinarians/Animal Kennels and Shelters
–
0.5 acres
100
100
25
25
50
30
40
Public Transit Terminal Facilities
–
2 acres
200
200
50
25
50
30
20
Parking Structures4
–
0.5 acres
100
100
10
10
10
30
60
Automobile Repair and Service Facilities
–
0.5 acres
100
100
25
25
50
30
25
Business/Professional Services Establishments1
–
10,000 sq. ft.
70
80
10
10
25
30
356
Libraries
–
0.5 acres
100
100
25
20
25
30
406
Government Offices
–
10,000 sq. ft.
70
80
10
10
25
30
356
Post Offices
–
1 acre
100
200
25
20
60
30
256
Health Care Facilities
–
0.5 acres
100
100
25
25
25
30
256
Public Safety (Police/Fire) Stations
–
0.5 acres
100
100
25
25
40
30
356
Sewage Lift Station/Water Pump Station3
–
0.5 acres
100
100
25
30
30
30
40
Electrical Substations3
–
10,000 sq. ft.
70
80
25
15
25
30
40
Transmission Lines3
–
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Tattoo Parlors7
–
1 acre
100
200
25
25
35
30
25
Houses of Worship3
–
1 acre
100
200
25
25
25
30
306
Recreation Facilities
–
2
2
2
2
2
2
30
10
Game/Video Arcades1
–
10,000 sq. ft.
70
80
25
25
25
30
25
Night Clubs
–
1 acre
100
200
25
30
50
30
25
Adult Entertainment Facilities3, 7
–
1 acre
100
200
25
25
35
30
25
Recreational Vehicle Parks
20 vehicles
2 acres
200
200
50
25
25
30
10
Seasonal Parking Facility3
–
2,500 sq. ft.
50
50
10
5
5
N/A
N/A
Limited Food/Beverage Processing Facilities
–
1 acre
100
200
25
25
25
30
306
Manufacturing Uses3
–
1 acre
100
200
25
25
25
30
306
1Permitted subject to inclusion in a planned retail center. Establishments larger than 10,000 g.s.f. may be freestanding.
2Minimum dimensional requirements for recreational facilities shall be established by the building and zoning official, based on the recreation performance standards.
3Conditional use.
4Temporary use as part of a planned retail center.
5Accessory use.
6Transfer of floor area from critical areas may be applicable:
Buildable Area Calculation – Transfer of Floor Area. An owner of a site or property containing critical areas (streams and wetlands) may be permitted to transfer the available floor area attributed to the size of the critical area to the unconstrained portion of the same site or property, and reduce the parking requirements for the development by an area equal to the floor area transferred, subject to the following requirements:
(1) The critical area and or stream corridor and required buffers be dedicated to the city as an easement.
(2) The minimum parking requirements for the proposed single-story land use, based on maximum lot coverage and net usable lot area is provided.
7No adult entertainment facility or tattoo parlor shall be located any closer than 400 feet from the nearest right-of-way line of State Route 2, nor shall any such facility be located within 1,000 feet of any school or house of worship.
(Ord. 796-02 § 1; Ord. 780-02 § 12; Ord. 765-01 §§ 5, 6; Ord. 630 § 2[16.07.050], 1995)
16.12.060 Economic development (ED) zone.
A. General Description of Character and Intent of the Zone. This zoning district includes the industrial, warehousing, and major office development areas of the city, as well as the major utility areas.
B. Permitted Uses.
1. Personal Services.
a. Funeral homes/mortuaries;
b. Day care centers;
c. Veterinarians/kennels and shelters.
2. Business and Professional Establishments.
a. Advertising agencies;
b. Accounting services;
c. Legal services;
d. Finance, insurance and real estate;
e. Health care facilities;
f. Employment services;
g. Travel agencies.
3. Government Facilities, Utilities, and Quasi-Public Facilities.
a. Government offices;
b. Post offices;
c. Police and fire stations;
d. Generating plants.
4. Recreational and Entertainment Facilities.
a. Ball parks;
b. Urban parks.
5. Miscellaneous Facilities.
a. Recreational vehicle parks.
6. Manufacturing. The processing or assembling of materials or substances into a finished product.
a. Food processing;
b. Freezer plants/cold storage/food mills/fertilizer production and storage;
c. Apparel and other finished products manufacturing and assembly;
d. Building construction yards and offices;
e. Electrical and electronic goods manufacturing and assembly;
f. Metal products manufacture, fabrication and assembly;
g. Furniture and fixtures manufacturing and assembly;
h. Computer equipment manufacture and assembly;
i. Leather products manufacturing;
j. Lumber and wood products processing;
k. Medical and optic goods/watches and clocks manufacture and assembly;
l. Printing, publishing, and allied industries;
m. Rubber/plastic products manufacturing;
n. Stone, clay, glass, and concrete products manufacturing;
o. Transportation equipment manufacturing and assembly;
p. Handicraft, craft, and artisan shops;
q. Home building supply.
7. Wholesale/Storage/Distribution. Establishment engaged in the storage, trucking, or transfer of household or commercial goods of any nature, or establishments engaged in the sale of large quantities of goods.
a. Wholesale commercial operations;
b. Equipment and machinery sales and storage;
c. Warehousing operations;
d. Freight distribution centers;
e. Mini-warehouse/storage facilities;
f. Public transit storage and maintenance facilities;
g. Moving van and storage facilities.
8. Industrial Services. Establishments engaged in mechanical, personal, business, and repair services.
a. Towing and wrecking services;
b. Janitorial services;
c. Laundry plants.
9. Public Utilities. Activities that provide electricity, sanitary sewer, water, and other related services for public consumption.
a. Electrical generating plants;
b. Sewage treatment plants;
c. Solid waste disposal/recycling centers;
d. Petroleum products storage and distribution centers;
e. Electrical transmission lines.
10. Miscellaneous Associated Uses.
a. Airports, landing fields and heliports;
b. Adult entertainment facilities;
c. Tattoo parlors.
C. Permitted Accessory Uses.
1. Caretaker residence;
2. Parking structures.
D. Conditional Uses.
1. Hotels and guest rooms subject to inclusion in a master site planned development approval.
a. Apartment hotels;
b. Hotels;
c. Motels;
d. Bed and breakfasts;
e. Guest houses.
2. Auto service stations;
3. Auto rental;
4. Bars/taverns/cocktail lounges;
5. Houses of worship;
6. Seasonal parking facility;
7. Secure community transitional facility (SCTF).
E. All of the above uses shall be permitted in the ED zone; provided, that all of the standards of each use, as specified in the following table of dimensional and density requirements, and those performance standards that apply to the proposed development have been observed. The performance standards that could apply include those found in the following list.
1. Nonresidential performance standards;
2. Off-street parking and loading standards;
3. Sign standards;
4. Hillside and geologically hazardous development standards;
5. Streams and wetlands standards;
6. Landscape standards;
7. Stormwater management standards;
8. Shoreline management standards;
9. Vegetation protection standards;
10. Floodplain protection standards;
11. Wellfield/groundwater protection standards;
12. Fish and wildlife areas protection standards;
13. Industrial park master plan (Ordinance 781-02).
Economic Development (ED) Zone
Table of Dimensional and Density Requirements
Minimum Lot Dimensions
Minimum Yard Setbacks (ft)
Uses Permitted