Chapter 18.16
COMMERCIAL DISTRICTS (NC, CBD, GC, IC, MUD)

Sections:

18.16.010    Purpose.

18.16.020    Principal and conditional uses.

18.16.025    Family day care provisions.

18.16.030    Accessory residential uses.

18.16.040    Residential uses.

18.16.050    Prohibited uses.

18.16.060    Off-street parking and loading.

18.16.070    Property development standards.

18.16.075    Height exception in the central business district zone.

18.16.080    Performance standards.

18.16.010 Purpose.

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

1. NC, neighborhood commercial district;

2. CBD, central business district;

3. GC, general commercial district;

4. IC, interchange commercial district;

5. MUD, mixed-use development district.

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

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

2. CBD, Central Business District. The CBD district is intended to provide for retailing and other commercial services in a fashion that preserves and enhances the pedestrian scale and character of development in Sumner’s downtown area. Small, independent shops and offices are typical to this district.

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

4. IC, Interchange Commercial District. The IC district is intended to provide for retailing and other commercial services that are easily accessible from the freeway, yet are not located near residential districts. Such commercial developments primarily rely on the automobile as their principal source of access.

5. MUD, Mixed-Use Development District. The MUD district is intended to provide for a mix of residential and appropriate commercial services within close proximity to the historic central business district and increased housing density near regional transit centers. (Ord. 2147 § 6, 2005: Ord. 2134 § 20, 2005: Ord. 2040 § 1, 2003: Ord. 1949 § 5, 2001: Ord. 1694 § 1, 1995)

18.16.020 Principal and conditional uses.

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

		NC	CBD	MUD	GC	IC
1.	Accessory parks and recreation facilities for use by on-site employees or residents	P	P	P	P	P
2.	Adult entertainment businesses subject to chapter 18.38 SMC	–	–	–	P	P
3.	Artist’s studio and workshop having a retail component	–	P	P1	P	P
4.	Automotive and motorized vehicle sales and rental agencies	–	–	–8	P	P
5.	Banks, business and professional offices and drive-up banking	CUP	P	P	P	P
6.	Business and consumer service	CUP	P	P	P	P
7.	Car wash	–	–	–	P	P
8.	Wireless communication facilities	See chapter 18.37 SMC
9.	Cemeteries	–	CUP	CUP	CUP	CUP
10.	Churches	P	P	P	P	P
11.	Contractor business6	–	–	–	–	P
12.	Convenience store	CUP	P	P	P	P
13.	Dancehalls	–	CUP	–	CUP	P
14.	Drive-in businesses4	–	–	–	P	P
15.	Drive-in espresso/coffee business4	CUP	–	–	P	P
16.	Existing residential dwellings lawfully constructed as of the effective date of the ordinance codified in this title	P	P	P	P	P
17.	Family child care home or family child day care home in accordance with the provisions of SMC 18.16.025; and child day care centers	P	P	P	P	P
18.	Gasoline service stations and convenience stores with gasoline sales	–	CUP	–	CUP	P
19.	Hazardous waste on-site treatment and storage facilities	–	–	–	CUP	CUP
20.	Health and fitness club	P7	P	P	P	P
21.	Hospitals	CUP	CUP	–	CUP	CUP
22.	Hotels, bed and breakfasts and tourist homes2	P	P	CUP	P	P
23.	Light manufacturing, fabrication, assembling and repairing5	–	–	–	CUP	CUP
24.	Major utility facility	CUP	CUP	CUP	CUP	CUP
25.	Mass transit systems including, but not limited to, bus stations, train stations, transit shelter stations, and park and ride lots	CUP	CUP	CUP	CUP	P
26.	Miniwarehouses	–	–	–	–	P
27.	Minor utility facility	P	P	P	P	P
28.	Motels	CUP	–	–	P	P
29.	Multifamily dwellings, rooming houses and boarding houses, retirement homes, assisted living facilities, continuing care communities, board and care homes, hospices, or nursing homes except on the ground floor, or in accordance with the city of Sumner design and development guidelines, and subject to density maximums and locations as applicable in SMC 18.16.040	P	P3	P3	P3	P
30.	Outdoor storage	–	–	–	–	–
31.	Public parks and public recreation facilities	CUP	CUP	CUP	CUP	CUP
32.	Personal services including barber and beauty shops, photographic studios, tailor-dressmaking shops	P	P	P	P	P
33.	Private clubs, lodges, fraternal organizations, union halls and social halls	CUP	P	P	P	P
34.	Public facilities	CUP	CUP	CUP	CUP	CUP
35.	Private off-street parking lots	P	P	–	P	P
36.	Public off-street parking lots	P	P	P	P	P
37.	Recycling collection station	–	–	–	P	P
38.	Restaurants with no bar	CUP	P	P	P	P
39.	Retail business	P	P	P	P	P
40.	Schools, colleges and universities	CUP	CUP	CUP	CUP	CUP
41.	Storage/warehouse and distribution facilities	–	–	–	–	–
42.	Streets	P	P	P	P	P
43.	Taverns, micro-breweries, brewpubs, and bars	–	CUP	CUP	CUP	P
44.	Theaters and other enclosed commercial recreation establishments such as bowling alleys and arcades	–	P	CUP	P	P
45.	Truck stops	–	–	–	–	–
46.	Truck terminals	–	–	–	–	–
47.	Unenclosed commercial recreation establishments such as driving ranges, miniature golf, miniature airplane field	–	CUP	–	CUP	P
48.	Utility yard	CUP	CUP	–	CUP	CUP
49.	Vehicle repair, minor	–	CUP	–	P	P
50.	Veterinary clinics, excluding outdoor boarding kennels	–	–	–	P	P
51.	Vocational or fine arts school; in CBD allowed except on ground floor	–	P	P	P	P
52.	Water towers and water supply plants	CUP	CUP	CUP	CUP	CUP

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

2Hotels may be stand-alone developments within the MUD zone and are not required to contain other commercial or residential uses.

3In the Town Center Plan area, “multifamily dwellings” shall be condominiums, except for rooming houses and boarding houses, retirement homes, assisted living facilities, continuing care communities, board and care homes, hospices, or nursing homes. See SMC 18.16.040(C) for specific requirements in the MUD zone.

4Drive-in businesses within the area defined as East Main Street in SMC 18.43.020 and in the GC district within the Town Center Plan area shall meet the provisions of SMC 18.16.080(T).

5Light manufacturing, fabrication, assembling, and repairing is prohibited as a principal use in the IC zoning district in the vicinity of 166th Avenue East as depicted on the zoning map. See SMC 18.16.080(U) and (V).

6Contractor businesses shall meet the performance standards in SMC 18.16.080(W) and are a prohibited use in the IC zoning district in the vicinity of 166th Avenue East as depicted on the zoning map.

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

8Existing permitted automotive and motorized vehicle sales and rental dealerships operating as of November 1, 2010, are allowed as a permitted use in the MUD zone. Existing dealerships may be sold, but must continue primarily as a new car dealership.

(Ord. 2347 § 1, 2011: Ord. 2319 § 4, 2010: Ord. 2207 § 2, 2007: Ord. 2196 § 4, 2007: Ord. 2167 § 1, 2006: Ord. 2147 § 7, 2005: Ord. 2134 § 21, 2005: Ord. 2088 § 11, 2004: Ord. 2040 § 2, 2003: Ord. 1949 § 6, 2001: Ord. 1903 § 2, 1999; Ord. 1830 § 22, 1998; Ord. 1803 § 2 (part), 1997; Ord. 1694 § 1, 1995)

18.16.025 Family day care provisions.

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

A. Meet Washington State child day care licensing requirements.

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

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

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

E. Make no structural or decorative alteration which will alter the single-family character of an existing or proposed residential structure which would make it incompatible with surrounding residences. (Ord. 1694 § 1, 1995)

18.16.030 Accessory residential uses.

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

18.16.040 Residential uses.

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

B. Multifamily residential developments are permitted in the GC and CBD districts as part of a mixed-use development with commercial uses. A mixed-use development shall have mixed-use structures and may have a combination of mixed-use and single-use residential structures such that:

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

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

3. Outside the Town Center Plan area the maximum number of dwelling units shall not exceed 25 dwelling units per net acre in the general commercial district and in the central business district.

4. Inside the Town Center Plan area the maximum number of dwelling units shall not exceed 30 dwelling units per net acre in the general commercial district and in the central business district.

5. All development must be designed in accordance with the city of Sumner design and development guidelines.

C. A mix of residential and commercial uses is permitted in the MUD zone. Residential uses are required at the minimum densities listed in subsection (C)(3) of this section and commercial uses on the ground floor are optional. Mixed-use developments shall have mixed-use structures and may have a combination of mixed-use and single-use residential structures such that:

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

2. Single-use residential structures shall contain only ground-related dwelling units. When mixed-use structures are on-site, the single-use residential structures shall be located to the side or rear of the mixed-use structures, otherwise the single-use residential structures may be located along the primary street;

3. The maximum number of dwellings shall not exceed a ratio of 40 dwelling units per net acre and contain at least a minimum ratio of 15 dwelling units per net acre;

4. Dwelling units shall be provided sufficient off-street parking ratios as required in chapter 18.42 SMC;

5. A minimum of 80 percent of the area of the first floor shall be covered by a second story for mixed-use structures; and

6. Mixed-use development shall conform to the city of Sumner design and development guidelines and SMC 18.16.080(S). (Ord. 2199 § 1, 2007: Ord. 2147 § 8, 2005: Ord. 2134 § 22, 2005: Ord. 2088 § 10, 2004; Ord. 1949 § 7, 2001: Ord. 1694 § 1, 1995)

18.16.050 Prohibited uses.

Any use or structure not listed under permitted principal, accessory or conditional uses is prohibited in the commercial districts unless authorized in chapters 18.36 or 18.46 SMC, or an applied overlay district of this title. Metal storage containers used for storage of merchandise are prohibited in all commercial districts unless permitted under the provisions authorized in chapter 18.46 SMC. (Ord. 2088 § 4, 2004: Ord. 1694 § 1, 1995)

18.16.060 Off-street parking and loading.

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

18.16.070 Property development standards.

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

		NC	CBD	MUD	GC	IC
1.	Minimum lot area per building site in square feet	4,500	5,000	5,000	5,000	5,000
2.	Minimum lot width in feet	50	50	50	50	50
3.	Lot depth in feet	100	80	100	100	100
4.	Front yard setback in feet, in accordance with the Sumner design and development guidelines (minimum front yard setback required for properties located on arterials or collectors)	min. 0	0	min. 0	General zoning:	min. 15
		max. 25		max. 151	min. 5	no max.
					max. 50
					max. 25 on corner
					Town Center:
					min. 0
					max. 25
					East Main Street area:
					max. 03
5.	Rear yard setback in feet	20	0	02	General zoning: 20	20
					Town Center: 0, unless abutting residential zone, then 20
6.	Interior side yard setback in feet	104	0	02	General zoning: 5	15
					Town Center: 0, unless abutting residential zone, then 15
					East Main Street area: 0 when property abuts East Main Street; and 5 when property not abutting East Main Street3
7.	Street side yard setback in feet	10	0	5	5	15
8.	Required landscaped setback along any common boundary with residentially zoned property	10	10	10	10	10
9.	Minimum street frontage in feet	35	35	35	35	35
10.	Maximum lot coverage	75%	100%	80%	75%	80%
11.	Maximum building height in feet	35	355	35	35	45
12.	Maximum building height in feet in the Town Center Plan area for a structure with at least 50% of the ground floor occupied by underbuilding parking			45	45
13.	Town Center Plan area: maximum floor area ratio			2.4	2.25
14.	Town Center Plan area: maximum floor area ratio for structures with underbuilding parking			3.2	3

1See SMC 18.16.080(S).

2Setback shall be a minimum of 15 feet where abutting residentially zoned property and not separated by an alley or street.

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

4Or where abutting property zoned NC.

5See SMC 18.16.075.

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

18.16.075 Height exception in the central business district zone.

The maximum building height listed in SMC 18.16.070 for the central business district (CBD) zone may be increased to 49 feet under the following conditions:

A. Portions of structures or additions to structures that exceed 35 feet in height shall not be within 40 feet of Main Street nor readily visible from the sidewalk on either side of Main Street.

B. Rehabilitation and/or restoration of a structure on the Sumner Historic Register.

C. Additions to structures, any portion of which exceed 35 feet in height, and associated restoration of existing structures on the site, shall be designed and constructed as per plans that have been reviewed by the Sumner historic commission and received a certificate of appropriateness per SMC 18.39.070.

D. Portions of structures or additions to structures that exceed 35 feet in height shall not be within 100 feet of a single-family residence.

E. Height exception in the central business district zone shall be a Type V decision per chapter 18.56 SMC. (Ord. 2314 § 2, 2010)

18.16.080 Performance standards.

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

A. Exterior Mechanical Devices. Air conditioners, heating, cooling, ventilating equipment, pumps and heaters and all other mechanical devices shall be screened from surrounding properties and streets and shall be so operated that they do not disturb the peace, quiet and comfort of neighboring residents. Apparatus needed for the operation of active or passive solar energy systems need not be screened pursuant to this subsection.

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

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

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

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

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

2. Within the Town Center Plan area, portions of structures within 30 feet of the side or rear property line abutting a residentially zoned district shall not exceed a height of 35 feet.

F. Swimming Pools. All swimming pools or outdoor bodies of water having a depth of 24 or more inches shall maintain a protective fence, wall or enclosure not less than five feet in height, with no opening greater than four inches wide and equipped with a self-closing gate surrounding the pool or body of water. The provisions of this subsection shall not apply where a swimming pool is accessory to a motel or hotel use where the owner or any employee thereof is on duty on the premises 24 hours each day.

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

H. Accessory antennas, including satellite dish antennas which are less than or equal to three feet in diameter, shall not be located between the front or street side property lines and a building, and shall be limited to a height of 10 feet in excess of the maximum height required for each zone. Antennas shall be set up so that in case an antenna falls it will fall within the confines of the owner’s property. Satellite dish antennas greater than three feet in diameter are regulated below.

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

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

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

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

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

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

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

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

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

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

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

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

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

1. The specified uses may expand up to 25 percent of their square footage, except that expansion shall not occur if it is necessary to purchase additional property. The expansion shall meet the development standards of the zone such as setbacks, lot coverage, and building height.

2. No additional dwelling units may be added, except that existing single-family dwellings may add an accessory dwelling unit if the performance standards to establish an accessory dwelling unit as found in chapter 18.12 SMC, Low Density Residential District (LDR-4, LDR-6, LDR-7.2, LDR-8.5, LDR-12), are met.

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

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

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

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

2. Fences located within an area measured from the front property line to a distance of 25 feet shall not exceed a height of three feet where fences would provide less than 50 percent visibility. Fences providing at least 50 percent visibility shall not exceed a height of four feet within the required front yard. Examples of fences that could meet the 50 percent visibility include spaced rail fences, spaced picket fences, and chain link fences. If the commercially zoned property abuts any residential property the fencing requirements will be those of subsection E of this section.

3. No fence shall exceed a total height of six feet above existing or finished grade in a commercial zone unless exceptions in subsection (M)(8) of this section apply.

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

5. No barbed wire, razor wire, or electric fence shall be allowed within commercial zones unless exceptions in subsection (M)(8) of this section apply.

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

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

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

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

8. Exceptions to the standards set forth in this subsection are listed as follows:

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

b. Fences located around commercial sites that demonstrate a need to provide added security for their site and public safety from harmful equipment and activities can exceed the height requirements set forth in this section to a maximum height of eight feet. Examples of a demonstrated need include sites utilizing draining facilities with steep slopes, water tanks, heavy or dangerous machinery or equipment, hazardous substances, hazardous waste, etc.

N. No outdoor sales shall be allowed for taverns, micro-breweries, brewpubs, or bars.

O. Outdoor sales shall be allowed for espresso/coffee businesses and restaurants provided the following are met:

1. The size of the outdoor area is limited to 25 percent of the gross floor area of the principal building.

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

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

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

5. Outdoor sales may include alcoholic beverages provided they are served in unmarked containers.

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

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

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

P. Drive-in espresso/coffee businesses located within a neighborhood commercial district shall have a minimum gross floor area of 500 square feet and indoor seating for a minimum of 12 persons.

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

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

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

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

S. For properties located within the MUD zone, the setback may be increased to 15 feet when the area between the sidewalk and the building:

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

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

T. Drive-in businesses located within the East Main Street area, or within the general commercial zone in the Town Center Plan area, shall be located in a multitenant building, except for drive-up banking; and the drive-up windows and queuing for cars shall be located behind buildings and obscured from the street. Multitenant buildings within the East Main Street area, or within the general commercial zone in the Town Center Plan area, shall be subject to the following:

1. Drive-in business tenant(s) shall comprise no greater than 50 percent of the leasable floor area of the building. In order to encourage upper-story uses, leasable floor area above the first floor may be permitted at 80 percent of the area of the first floor.

2. Each tenant space in a multitenant building must share at least one common wall with an adjacent space.

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

U. A light manufacturing, fabrication, assembling and repairing use within the interchange commercial zone shall:

1. Be contained within a fully enclosed structure; and

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

V.  A light manufacturing, fabrication, assembling and repairing use may be allowed as an accessory use to a retail business, provided it meets all the performance standards in subsection (U)(1) and (2) of this section.

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

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

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

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

4. Shall be screened from view of an abutting public right-of-way or from future or present bicycle or pedestrian paths by a minimum of a six-foot solid fence or masonry wall and a fully landscaped 15-foot buffer. The buffer shall include at least a three-foot-high earth berm and at least 50 percent evergreen trees at least six feet in height at planting. Deciduous trees shall be a minimum of two-and-one-half-inch caliper measured three feet from the ground. All trees shall be planted no less than 20 feet apart on-center. For every 100 square feet of buffer area, at least one evergreen shrub of a minimum size of two feet shall be provided. Ground cover of a minimum two-gallon size shall be planted in the buffer area sufficient to cover the area within three years of planting. The director may modify the requirements for spacing, number and size of plantings and berm height only upon a satisfactory showing by a licensed landscape architect that an alternate proposal will accomplish the same buffering goals. Buffers should include plantings that are low maintenance and/or drought tolerant species. The director may require irrigation for buffer areas if it is necessary to ensure the long-term success of the landscaping as a buffer. The director may waive buffering requirements for the rear yard where a natural or manmade topographical feature exists that screens the outdoor storage yard. (Ord. 2253 § 5, 2008; Ord. 2207 §§ 3, 4, 2007; Ord. 2196 § 5, 2007; Ord. 2195 § 1, 2007; Ord. 2167 §§ 3, 4, 2006; Ord. 2147 § 11, 2005: Ord. 2134 § 25, 2005: Ord. 2088 § 9, 2004; Ord. 2040 § 4, 2003; Ord. 2022 § 4, 2003; Ord. 2015 §§ 5, 14, 2002; Ord. 1903 § 3, 1999; Ord. 1694 § 1, 1995)