Chapter 18.30
URBAN VILLAGE OVERLAY DISTRICT (UV)

Sections:

18.30.010    Purpose.

18.30.020    Districts where permitted.

18.30.030    Principal and conditional uses.

18.30.040    Accessory residential uses.

18.30.050    Prohibited uses.

18.30.060    Conditional use criteria – Urban village.

18.30.070    Property development standards.

18.30.080    Performance standards.

18.30.090    Streets and alleys.

18.30.100    Private streets and driveways.

18.30.010 Purpose.

The UV district is intended to be a self-contained, predominantly gridded street and driveway network, mixed use area with a seamless mix of residential, commercial, and civic uses that serve the neighborhood and the larger region with goods and services. Motor vehicles are accommodated in the street designs and parking areas, yet the UV district strongly promotes a pedestrian scale through streetscape improvements, sidewalks, building locations, signage and other facilities, and encourages transit-oriented developments in harmony with the character of the community. (Ord. 2436 § 2, 2013: Ord. 1694 § 1, 1995)

18.30.020 Districts where permitted.

The urban village overlay may be applied with LDR, MDR, HDR, NC or GC base designations. It shall not be applied with any industrial base designations. The extent of the urban village overlay district shall be consistent with comprehensive plan land use map. (Ord. 1694 § 1, 1995)

18.30.030 Principal and conditional uses.

A. Permitted principal, accessory, and conditional uses in the urban village overlay district shall be the same as those specified in the underlying zoning districts for the MDR and HDR districts.

B. Permitted principal and accessory uses in the urban village overlay district shall be the same as those specified in the underlying LDR zoning districts and the following shall require conditional use approval from the city:

1. Adult day care home facilities serving more than six adults, which meet the following criteria in addition to the criteria found in chapter 18.48 SMC:

a. Meet Washington Association of Adult Day Centers adult day care guidelines;

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, if located in a residential structure;

2. Bed and breakfasts;

3. Wireless communication facilities subject to the standards of chapter 18.37 SMC;

4. Child day care centers;

5. Churches, convents, monasteries and other religious institutions, and associated accessory structures including, but not limited to, assembly rooms, kitchen, library room or reading room, nurseries, recreation hall, adult day care, child day care, Sunday school rooms, private primary and secondary school facilities, and a one-family dwelling unit for use by church officials. In addition to meeting the criteria of chapter 18.48 SMC, new accessory one-family dwelling units shall be placed on site with sufficient distance between structures and in a manner that would allow for future subdivisions that would result in separate lots for the dwelling and church;

6. Major utility facilities;

7. Manufactured housing subdivisions;

8. Mass transit systems including, but not limited to, bus stations, train stations, transit shelter stations, and park-and-ride lots;

9. Mineral extraction uses;

10. Public facilities;

11. Public and private educational institutions, including preschools, schools, religious schools, colleges and universities;

12. Public parks and public recreation facilities;

13. Regional community center;

14. Retirement homes, assisted living facilities, continuing care communities, board and care homes, hospices, or nursing homes;

15. Utility yard; and

16. Water towers and water supply plants.

C. Those uses listed below shall govern the uses permitted and conditionally permitted where the base designations GC and NC are combined with the UV overlay district. A conditional use permit shall be required and in full force and effect in order to establish the conditional uses.

 

 

NC/UV

GC/UV

1.

Accessory parks and recreation facilities for use by on-site employees or residents

P

P

2.

Adult entertainment businesses subject to chapter 18.38 SMC

--

--

3.

Artist’s studio and workshop having a retail component

--

P

4.

Automotive and motorized vehicle sales and rental agencies

--

CUP

5.

Business and consumer service

CUP

P

6.

Banks, business and professional offices and drive-up banking

P

P

7.

Car wash

--

P

8.

Wireless communication facilities

See chapter 18.37 SMC

See chapter 18.37 SMC

9.

Cemeteries

--

CUP

10.

Churches

P

P

11.

Convenience store

P

P

12.

Dancehalls

--

CUP

13.

Drive-in businesses1

--

P

14.

Existing residential dwellings lawfully constructed as of the effective date of this title.

P

P

15.

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

16.

Gasoline service stations and convenience stores with gasoline sales

--

CUP

17.

Health and fitness club

P

P

18.

Hospitals

CUP

CUP

19.

Hotels, bed and breakfasts, and tourist homes, excluding motels

P

P

20.

Mass transit systems including, but not limited to, bus stations, train stations, transit shelter stations, and park and ride lots

CUP

CUP

21.

Minor utility facility

P

P

22.

Multifamily dwellings, apartments, rooming houses and boarding houses, retirement homes, assisted living facilities, continuing care communities, board and care homes, hospices, or nursing homes, 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

P

23.

Public parks and public recreation facilities

CUP

CUP

24.

Personal services including barber and beauty shops, photographic studios, and tailor-dressmaking shops

P

P

25.

Private clubs, lodges, fraternal organizations, union halls and social halls

CUP

P

26.

Public facilities

CUP

CUP

27.

Private off-street parking lots

P

P

28.

Public off-street parking lots

P

P

29.

Regional community center

P

P

30.

Restaurants with no bar

CUP

P

31.

Retail business

P

P

32.

Schools, colleges, and universities

CUP

P

33.

Streets

P

P

34.

Taverns, micro-breweries, brew pubs, and bars

CUP

CUP

35.

Theaters and other enclosed commercial recreation establishments such as bowling alleys and arcades

--

P

36.

Unenclosed commercial recreation establishments such as driving ranges, miniature golf, and miniature airplane field

CUP

CUP

37.

Vehicle repair, minor

--

P

38.

Veterinary clinics, excluding outdoor boarding kennels

--

P

39.

Vocational or fine arts school except on the ground floor

--

P

40.

Water towers and water supply plants

CUP

CUP

1Drive-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).

(Ord. 2436 § 3, 2013: Ord. 1830 § 24, 1998; Ord. 1694 § 1, 1995)

18.30.040 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)

18.30.050 Prohibited uses.

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

18.30.060 Conditional use criteria – Urban village.

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

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

B. The proposed use shall promote a pedestrian orientation.

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

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

18.30.070 Property development standards.

Where the UV overlay district is combined with the LDR, MDR, HDR, GC or NC base districts, the property development standards of the base district shall be met, except as follows:

A. The height may be increased to 35 feet for a conditional use for flat-roofed structures when the site is zoned LDR or MDR and abuts or includes a commercial zone.

B. Where a building crosses a zoning district line the yard setbacks for any structure shall be the yard setbacks for the zoning district in which a majority (more than 50 percent) of the building footprint resides.

C. When a single-use residential structure is located in the NC or GC zone and abuts a low density residential zone, said single-use residential structure shall have an interior side yard setback of 20 feet and a rear yard setback of 20 feet and contain within these yard setbacks a 10-foot landscape setback as required per SMC 18.16.080(E). (Ord. 2444 § 2, 2013: Ord. 2436 § 6, 2013: Ord. 1694 § 1, 1995)

18.30.080 Performance standards.

In addition to compliance with the base district performance standards, the following special requirements and performance standards shall apply to properties subject to the UV overlay district:

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

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

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

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

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

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

C. As applicable, the provisions of the city of Sumner design and development guidelines shall be met for new development.

D. Banks, vehicle repair, drive-in businesses, car washes, gas stations, automotive sales, and other auto-oriented uses shall meet the following provisions:

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

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

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

E. Where a conditional use occupies a portion of a commercial zone, signs for said conditional use may comply with the sign requirements and restrictions for said commercial zone and the signs for identifying a conditional use in SMC 18.44.210(C) may be disregarded. (Ord. 2436 § 7, 2013: Ord. 1694 § 1, 1995)

18.30.090 Streets and alleys.

Street and alley alignments shall follow those within the East Sumner Neighborhood Plan, except that the public works director may make alterations to the alignments when:

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

B. The modified alignment does not affect street or alley locations on other parcels; and

C. At least one north-south collector street between 60th Street East and 64th Street East and one east-west collector street between 160th Avenue East and Sumner-Tapps Highway is retained in a straight line or nearly a straight line. (Ord. 2253 § 4, 2008)

18.30.100 Private streets and driveways.

Private streets and driveways shall be configured in such a manner as to promote a gridded street pattern of development that allows these private streets and driveways to function similar in character and scale as public streets and maintaining pedestrian scale and walkability. Said private street or driveway shall remain ungated unless: (1) it can be demonstrated, to the satisfaction of the director, that a gate is needed for the safety and security of the residents, and (2) that a gate does not inhibit overall connectivity of the larger neighborhood; and (3) where it is determined such connectivity would be inhibited a development shall contain an ungated pedestrian access that traverses the site. (Ord. 2444 § 3, 2013)