Chapter 18.12
LOW DENSITY RESIDENTIAL DISTRICT (LDR-4, LDR-6, LDR-7.2, LDR-8.5, LDR-12)

Sections:

18.12.010    Purpose.

18.12.020    Principal uses.

18.12.030    Accessory uses.

18.12.040    Conditional uses.

18.12.050    Prohibited uses.

18.12.060    Special conditions – Location of parking, single-family dwellings.

18.12.070    Property development standards for LDR-6, LDR-7.2, LDR-8.5, and LDR-12.

18.12.075    Property development standards for LDR-4.

18.12.080    Performance standards.

18.12.090    Traditional neighborhood design optional development standards.

18.12.010 Purpose.

The purpose of this district is to stabilize and preserve low density residential neighborhoods, to create a stable and satisfying environment for family life and to prevent intrusions by incompatible land uses. (Ord. 1694 § 1, 1995)

18.12.020 Principal uses.

The following uses are permitted outright by right in the LDR district:

A. Adult family homes;

B. Manufactured homes subject to the standards of SMC 18.12.080(N), but not to exceed one dwelling on any one lot, except as provided in SMC 18.12.030;

C. Minor utility facilities;

D. Single-family detached dwellings, but not to exceed one dwelling on any one lot, except as provided in SMC 18.12.030;

E. Streets;

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

G. Existing automotive and motorized vehicle sales and rental agencies lawfully operating as of June 1, 2000;

H. Wetland mitigation banks, and wildlife habitat mitigation and conservation projects. (Ord. 2531 § 4, 2015: Ord. 2135 § 4 (part), 2005: Ord. 1944 § 1, 2001; Ord. 1830 § 16, 1998; Ord. 1694 § 1, 1995)

18.12.030 Accessory uses.

Accessory uses permitted in the LDR district are uses and structures customarily appurtenant to the principally permitted uses, such as:

A. Accessory dwelling units subject to the following criteria:

1. One accessory dwelling unit shall be allowed per legal building lot as a subordinate use in conjunction with any single-family structure;

2. Either the primary residence or the accessory dwelling unit must be occupied by the owners of the property. In addition, accessory dwelling units shall not be subdivided or otherwise segregated in ownership from the main building, except in accordance with subsections (A)(14), (15), (16) and (17) of this section. The owners shall sign an affidavit affirming that the owners will occupy the main building or the accessory dwelling unit as their principal residence for at least six months of every year. The owners shall sign a covenant agreeing to the conditions of this section which shall be recorded with the Pierce County auditor. The form of the affidavit and covenant shall be specified by the development services department;

3. The total number of occupants in both the primary residence and the accessory dwelling unit combined may not exceed the maximum number established by the definition of family in this title;

4. The accessory dwelling unit shall not contain floor area of less than 300 square feet and not more than 800 square feet, excluding any related garage area; provided, that if the accessory unit is completely located on a single story, with no basement, the director may allow increased floor area in order to efficiently use all floor area, so long as all other standards set forth in this section are met;

5. Repealed by Ord. 2300;

6. There shall be one off-street parking space provided for accessory dwelling units with one bedroom and two off-street parking spaces provided for accessory dwelling units with two or more bedrooms. Off-street parking spaces shall be in addition to that which exists on the site for the primary residence and located in a carport, garage, or designated space;

7. Except in the LDR 12,000 zone, accessory dwelling units shall be located only in the same building as the principal residence;

8. An accessory dwelling unit shall be designed to maintain the appearance of the main building of the single-family residence. If the accessory dwelling unit extends beyond the current footprint of the principal residence, such an addition shall be consistent with the existing roof pitch, siding and windows. If an accessory unit is detached from the main building it must also be consistent with the existing roof pitch, siding and windows of the principal residence. In addition, only one entrance for the main building will be permitted in the front of the principal residence. A separate entrance to the main building for the accessory dwelling unit shall be located either off the rear or the side of the building;

9. Height. Detached accessory dwelling units shall have a maximum building height of 16 feet for gabled, hipped and gambrel roofs and 12 feet for flat and mansard roofs, except that the height may be increased to 18 feet when it is necessary to match the existing roof pitch of the principal structure. In no case shall the second story contain exterior walls exceeding five feet in height on more than 50 percent of the perimeter of the second story;

10. Setbacks. Minimum yard setbacks for detached accessory dwelling units are as follows:

a. Front yard setback in feet: equal to or greater than existing setback of the principal structure or the required setback, whichever is greater;

b. Rear yard setback in feet: 15, except when the rear property line is abutting an alley, then five feet or that required for garage ingress and egress per SMC 18.12.080(E);

c. Interior side yard in feet: five, except 10 when the building exceeds one story; or if the interior side property line is abutting an alley with vehicular access to a garage, then the setback is per SMC 18.12.080(E); and

d. Street side yard in feet: same as required for the principal structure;

11. Setbacks. Minimum yard setbacks for attached accessory dwelling units shall be the same as the setback requirements for the principal structure;

12. Windows in living, dining, and great room areas located on the second story shall face interior to the site. Window area above the first floor shall not exceed 30 square feet in total cumulative window area for all windows on any one side facing the rear or side yards, unless bordering an alley where there is no limit on window area. There is no limit on window area located on the first story;

13. The accessory dwelling unit shall meet all technical code standards including building, electrical, fire, plumbing and other applicable code requirements;

14. The accessory dwelling unit may be subdivided from the original parcel; provided, that the minimum lot size, all yard requirements as well as other applicable dimensional standards, such as lot coverage, lot size and building height, of this title are met;

15. Accessory dwelling units constructed prior to January 1, 2008, may be subdivided from the original parcel; provided, that the minimum lot size, lot coverage, building height, and all other applicable dimensions in SMC 18.12.070 are met, except that interior side and rear yard setbacks do not have to be met;

16. If a pipestem lot is created in the LDR-6 zone for an accessory dwelling unit that existed prior to January 1, 2008, then the minimum lot size may be 6,000 square feet; provided, that the maximum lot coverage is 30 percent and all other applicable dimensional standards, including building height, in SMC 18.12.070 are met, except that the interior side and rear yard setbacks do not have to be met;

17. Accessory dwelling units that are subdivided from the original parcel shall meet the off-street parking standards in SMC 18.12.060 for the applicable zone;

B. Adult day-care home facilities which:

1. Meet Washington Association of Adult Day Centers Adult Day Care Guidelines;

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

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

4. Comply with the applicable provisions of the sign code of this title;

5. 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;

6. Have no more than six adults served by the facility;

C. Family child care home or family day-care home facilities which:

1. Meet Washington State child day-care licensing requirements;

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

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

4. Comply with the applicable provisions of the sign code of this title;

5. 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;

D. Garage sales, yard sales, bake sales, temporary home boutiques or bazaars for handcrafted items, parties for the display of domestic products, and other like uses shall not be in existence for more than six days in any calendar year, and shall not be in violation of any other chapter in this code, or city ordinance, and provided further, that any such garage sales and yard sales involve only the sale of household goods, none of which were purchased for the purpose of resale;

E. One guest house not for rent or permanent occupancy;

F. Home occupations which meet the following criteria:

1. The resident operator shall obtain a business license, which shall be renewed annually;

2. The home occupation shall employ no more than one person in addition to those who are residents of the dwelling;

3. The home occupation shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, exhausts, or vibrations that carry beyond the premises;

4. The home occupation shall have no advertising, display, or other indications of a home occupation on the premises;

5. No storage or display of goods shall be visible from the outside of the structure;

6. No highly explosive or combustible material shall be used or stored on the premises. No activity shall be allowed that would interfere with radio or television transmission in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line;

7. A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located;

8. Merchandise shall not be offered for direct sale within the residence, accessory structure, or on-site;

9. No commercially licensed vehicles over 10,000 pounds shall be utilized in the business. No more than one type of commercially licensed vehicle under 10,000 pounds gross weight capacity shall be utilized in the business on the premises;

G. Keeping of not more than four family pets, which can be kept in the home, such as dogs, cats or other domestic or tamed animals which are not vicious by nature. This list of four pets shall not include birds, fish, suckling young of a pet or other animals which at all times are kept inside a fully enclosed building or accessory building and which do not create an odor which is detectable on an adjoining lot;

H. Keeping of horses, cattle, chickens, rabbits, sheep and other similar animals, not including swine, provided shelters are provided for animals at least 50 feet from the side lot of adjoining lots, 100 feet from any public street. Adjoining lot owners may locate the above described shelters on their common lot line, provided they each desire to provide a shelter to house one or more of the above described animals. A lot area, in addition to the minimum required for a dwelling, shall be provided equivalent to one acre for each animal over 300 pounds in weight. This regulation shall not be construed to permit the keeping of animals in any place or manner which will endanger public health or safety;

I. Keeping up to six chicken hens is allowed per residential lot and shelters may be located within five feet of the rear and side property line and 10 feet from a street side yard. Shelters are not allowed between the street and the front of the residential structure and shall be screened from the right-of-way. Chicken shelters shall be maintained so that odors are not detectable at or beyond the property line. Fencing shall be required around chicken area. Keeping of roosters is not allowed;

J. Private garages and other accessory buildings as are ordinarily appurtenant to a one-family dwelling;

K. Recreational facilities intended for the use of residents including swimming pools, saunas, tennis courts and exercise rooms;

L. Renting of rooms for lodging purposes to accommodate not more than two persons in addition to the immediate family;

M. Cemeteries;

N. Wireless communication facilities subject to the standards of chapter 18.37 SMC. (Ord. 2788 § 23, 2021; Ord. 2384 § 1 (part), 2012; Ord. 2300 § 2, 2009; Ord. 2247 § 1, 2008; Ord. 1830 § 17, 1998; Ord. 1803 § 3, 1997; Ord. 1739 § 6, 1996; Ord. 1694 § 1, 1995)

18.12.040 Conditional uses.

The following uses in the LDR district require a conditional use permit or, where specifically required, a planned residential development approval from the city:

A. 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:

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

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

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

4. Comply with the applicable provisions of the sign code of this title;

5. 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;

B. Bed and breakfasts;

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

D. Child day care centers;

E. 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;

F. Major utility facilities;

G. Manufactured housing subdivisions;

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

I. Mineral extraction uses (see performance standards per SMC 18.12.080(Q));

J. Public facilities;

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

L. Public parks and public recreation facilities;

M. 1. Assisted living facilities, board and care homes, hospices, or nursing homes that meet the building height and other standards in the zone require a conditional use permit;

2. Multifamily senior housing, including retirement homes, senior apartments and continuing care communities may be allowed only through a planned residential development, pursuant to chapter 18.24 SMC;

N. Utility yard;

O. Water towers and water supply plants;

P. Professional offices subject to SMC 18.12.080(P);

Q. Temporary homeless encampments in accordance with SMC 18.36.060; and

R. Funeral homes;

S. Permanent supportive housing that exceeds one dwelling on any one lot, subject to the performance standards in SMC 18.12.080(R); and

T. Transitional housing that exceeds one dwelling on any one lot, subject to the performance standards in SMC 18.12.080(R). (Ord. 2812 § 7, 2022; Ord. 2794 § 7, 2021; Ord. 2737 § 6, 2020; Ord. 2642 § 2, 2018: Ord. 2615 § 5, 2017; Ord. 2499 § 2, 2014: Ord. 2147 § 4, 2005: Ord. 2135 § 4 (part), 2005: Ord. 2134 § 7, 2005: Ord. 2051 § 1, 2003; Ord. 1830 § 18, 1998; Ord. 1694 § 1, 1995)

18.12.050 Prohibited uses.

Any use or structure not listed under permitted principal, accessory or conditional uses is prohibited in the LDR district unless authorized in chapters 18.36 or 18.46 SMC, or an applied overlay district of this title. Metal storage containers are prohibited in the LDR district. Freestanding tent structures are prohibited in the required front or side yards within the LDR district. (Ord. 2088 § 2, 2004: Ord. 1694 § 1, 1995)

18.12.060 Special conditions – Location of parking, single-family dwellings.

A. In the LDR-7.2, LDR-8.5 and LDR-12 districts all required parking for single-family dwellings is to be covered and such spaces shall be located within a garage or under a carport. Each required space is to be located so as to be independent of any other required space and access drives. Further, all required spaces shall be located within the building site area and not within the required setback areas. Required spaces and access drives shall be improved with dustless, hard surfaces.

B. In the LDR-4 and LDR-6 district all single-family dwellings shall have two on-site automobile parking spaces with at least one space located within a garage or under a carport. Each required space is to be located so as to be independent of any other required space. Required spaces and access drives shall be improved with a dustless, hard surface. Tandem parking may be allowed. (Ord. 2192 § 2, 2007: Ord. 2134 § 8, 2005: Ord. 1694 § 1, 1995)

18.12.070 Property development standards for LDR-6, LDR-7.2, LDR-8.5, and LDR-12.

A. Minimum lot area per building site in square feet:

LDR-6:

6,000

LDR-7.2:

7,200

LDR-8.5:

8,500

LDR-12:

12,000

At least 80 percent of the lots in a subdivision shall meet the above minimum lot sizes of the applicable district. To encourage a mix of lot sizes, the other 20 percent of the lots may have reduced sizes, to the following lot size standards, in square feet:

LDR-6:

4,800

LDR-7.2:

6,000

LDR-8.5:

7,200

LDR-12:

8,500

In no case shall the reduction in lot sizes be combined with the reduction in lot sizes allowed in SMC 16.40.140(A) or (B);

B. Lot width in feet:

LDR-6:

60

LDR-7.2:

70

LDR-8.5:

80

LDR-12:

100

For the subdivisions that include a percentage of smaller lots as allowed in subsection A of this section, the minimum lot widths for the smaller lots shall be as follows, in feet:

LDR-6:

50

LDR-7.2:

60

LDR-8.5:

70

LDR-12:

80

C. Front yard setback in feet: 15 (LDR-12 front yard setback in feet: 25);

D. Rear yard setback in feet: 30;

E. Interior side yard setback in feet, lot with one interior side yard: five;

F. Total interior side yard setback in feet, lot with two interior side yards; 15; provided, that one interior side yard is not less than five feet;

G. Street side yard setback in feet: 12;

H. Maximum building height in feet: 30;

I. Maximum lot coverage:

LDR-6:

40 percent

LDR-7.2:

35 percent

LDR-8.5:

35 percent

LDR-12:

35 percent

Maximum lot coverage for single-story residential structures:

LDR-6:

45 percent

LDR-7.2:

40 percent

LDR-8.5:

40 percent

LDR-12:

40 percent

J. Required off-street parking spaces: two;

K. Minimum street frontage in feet: 15;

L. Maximum building height for pipestem lots with a lot size less than 20,000 square feet: one story and 16 feet;

M. Yard setbacks for pipestem lots are as follows:

1. At least two yard setbacks shall be a minimum of 15 feet with remaining yard setbacks allowed a minimum of five feet;

N. Minimum lot size for pipestem lots in LDR-6 in square feet: 10,000. (Ord. 2300 § 1, 2009: Ord. 2214 § 1, 2007: Ord. 2193 § 2, 2007: Ord. 2134 § 9, 2005: Ord. 2051 § 2, 2003: Ord. 1906 § 7, 1999; Ord. 1694 § 1, 1995)

18.12.075 Property development standards for LDR-4.

A. Minimum lot area per building site in square feet: 4,000;

B. Lot sizes: 10 percent of the lots shall equal 150 percent of the minimum lot size;

C. Lot width in feet: 50; 40 for lots with alley access; 60 for lots 150 percent of the minimum lot size;

D. Front yard setback in feet: 15 minimum; 25 maximum;

E. Rear yard setback in feet: 25;

F. Interior side yard setback in feet:

1. Six; or

2. Five, for lots 6,000 square feet or greater, or for those structures designed and constructed with approved accessibility features in accordance with WAC 51-50-1100, given that for either exception the maximum building height shall be one story and 16 feet;

G. Street side yard setback in feet: 10;

H. Maximum building height in feet: 30;

I. Maximum lot coverage: 40 percent;

J. Required off-street parking spaces: two;

K. Minimum street frontage in feet: 15;

L. Structures in subdivisions subject to this section shall comply with regulations outlined in chapter 18.40 SMC;

M. Maximum building height for pipestem lots with a lot size less than 10,000 square feet: one story and 16 feet;

N. Yard setbacks for pipestem lots are as follows:

1. At least two yard setbacks shall be a minimum of 15 feet with remaining yard setbacks allowed a minimum of five feet;

O. Minimum lot size for pipestem lots in square feet: 6,000;

P. Development shall be in compliance with the single-family residential/traditional neighborhood design option development standards as set forth in the design and development guidelines. (Ord. 2365 § 1, 2011: Ord. 2134 § 10, 2005)

18.12.080 Performance standards.

The following special performance standards shall apply to properties located in the LDR district:

A. Exterior Mechanical Devices. Air conditioners, heating, cooling, ventilating equipment, swimming pool 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 the neighboring residents. Apparatus needed for the operation of solar energy systems need not be screened pursuant to this section.

B. Required Landscaping. Required front and street side yards shall be landscaped except for necessary walks, drives and fences.

C. Outdoor Storage and Parking of Vehicles. Storage or parking of any motor vehicle or vehicle accessory such as camper shells, boats, trailers, motorbikes or other wheeled accessory or conveyance shall not be allowed except as follows:

1. Storage of such vehicles and vehicle accessories is permitted within the paved areas and driveways located in the front and street side yard; and rear and interior side yards; provided, that such vehicles and accessories are screened from neighboring properties and public rights-of-way by a six-foot-high solid fence or landscaped screen. For purposes of this subsection “storage” means the keeping of such vehicles and accessories on any portion of any parcel of property for a period of 120 continuous hours.

2. Parking for any length of time of such vehicles and vehicle accessories is prohibited within any landscaped area of the front or street side yard, except for parking for the washing of vehicles and not to exceed two hours.

D. Detached Accessory Structures. Detached accessory structures, except for detached accessory dwelling units, are permitted not closer than three feet to rear or interior side property lines if located in the rear 33 percent of the lot, or in back of the front 75 feet of the lot; provided, that the maximum building height for a detached accessory structure shall be 16 feet for gabled, hipped and gambrel roofs and 12 feet for flat and mansard roofs.

E. Setbacks from Alleys. Garage structures which are directly attached to a principal structure or attached with no greater than an enclosed breezeway, and have vehicular access from an adjacent alley, may encroach into the rear yard such that the total of the alley width and setback from the alley is equal to no less than 24 feet. In such case, only a garage attached to the principal structure by no greater than a breezeway may exceed a height of one story.

F. Yard Projections. Every required front, rear and side yard shall be open and unobstructed from the ground to the sky unless otherwise provided:

1. Fences and walls as specified and limited under subsection (J) of this section may project into a required yard.

2. Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part may project into a required yard by not more than 30 inches.

3. Cornices, sills, eave projections, and awnings without enclosing walls or screening may project into a required yard by not more than 30 inches.

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

5. Bay windows and garden windows which do not require a foundation may project into a required front, rear, or street side yard by not more than 30 inches; provided, that the width of any required interior side yard is not reduced to less than two feet, six inches and any yard abutting a street is not reduced to less than five feet.

6. Additions of accessory structures such as stairs or balconies, or covered porches which have no more than 200 square feet, provided lot coverage is not exceeded, may project into a required front or rear yard.

G. Residential Antennas. Residential antennas, including satellite dish antennas 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, and amateur radio towers and associated antennas are regulated below.

1. Satellite Dish Antennas, Ground-Mounted. Ground-mounted, satellite dish antennas are allowed as permitted accessory uses subject to the following requirements:

a. The antenna shall not be located between the front property line or street-side property line and a building; such antennas may be located in a rear or interior side yard.

b. The maximum diameter shall be 12 feet.

c. The maximum height shall be 15 feet in height above the existing grade to the highest point of the dish.

d. The minimum setback shall be no less than three feet to rear or side property lines as measured when the dish is in a horizontal position.

e. Satellite dish antennas shall be located to prevent obstruction of the antenna’s reception window from potential permitted development on adjoining properties.

f. Satellite dish antennas shall be constructed of transparent material such as wire mesh; and shall be finished in a dark color and a non-light-reflective surface.

g. All installations shall include screening treatments located along the antenna’s nonreception window axes and low-level ornamental landscape treatments along the reception window axes of the antenna’s base. Such treatments should completely enclose the antenna and consist of no less than three landscape elements which provide year- round screening. Landscape plans shall be reviewed by the director.

h. Dish antennas shall be installed and maintained in compliance with the applicable requirements of the Uniform Building Code, as amended.

i. Only one dish antenna shall be permitted on any residential lot.

j. Dish antennas shall not be installed on a portable or movable device, such as a trailer.

k. The antenna shall be set up so that in case an antenna falls it will fall within the confines of the owner’s property.

2. Satellite Dish Antennas, Roof-Mounted. Roof-mounted satellite dish antennas which have a maximum of 12 feet in diameter may only be allowed upon approval of a variance application in accordance with chapter 18.50 SMC. In addition to the review criteria of SMC 18.50.030, the following criteria shall be met:

a. Demonstration by the applicant that compliance with subdivision 1 of this subsection would result in the obstruction of the antenna’s reception window, prohibiting a usable signal; furthermore, such obstruction involves factors beyond the control of the applicant.

3. Amateur radio towers and antennas for use by a noncommercial, licensed amateur operator shall be allowed if such facilities:

a. Are not located between the front or street-side property line and a building.

b. Are limited to a height of 10 feet in excess of the maximum height required for each zone.

c. Are installed with a reasonable effort to minimize visibility from adjacent properties while still permitting effective operation.

d. Are located and constructed in a manner that will prevent the installation from falling onto adjoining properties.

e. Do not interfere with nearby utility lines, etc.

f. Such installations which propose to exceed the maximum height restrictions, but which meet all of the above criteria (a through e), may only be allowed upon approval of a variance application in accordance with chapter 18.50 SMC.

H. Swimming Pools. For all swimming pools having a depth of 24 or more inches there shall be maintained 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 said pool. This requirement shall also apply to other outdoor bodies of water having a depth greater than 24 inches, excluding natural lakes, streams, rivers, or drainage ditches.

I. Building Height Exceptions. Chimneys and vents, and church steeples and church spires, may be erected to a height greater than the permitted building height.

J. Fences – Intent. The intent of this subsection is to establish minimum requirements and standards for fences in order to provide screening and to protect the aesthetic assets of the community. Fences, except as regulated under subsection (J)(8) of this section, constructed within residential 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 effective date of the ordinance codified in this section. Fences built before that date shall be considered legal nonconforming fences. Existing fences being replaced after this adoption date shall meet the requirements of this subsection. The construction of any fence, arbor, or trellis requires a building/land use permit.

2. Fences, located within the required front yard or within a five-foot setback from the street side property line, 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 or within a five-foot setback from the street side property line. Examples of fences that could meet the 50 percent visibility include spaced rail fences, spaced picket fences, and chain link fences.

3. Corner lots located along minor arterials may construct a fence to the maximum height with a zero side yard setback along the minor arterial; provided, that all sight distance requirements are met.

4. No fence shall exceed a total height of six feet above existing or finished grade in a residential zone, unless exceptions of subsection (J)(8) of this section apply.

5. 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.

6. No barbed wire, razor wire, or electric fence shall be allowed within residential zones, unless exceptions of subsection (J)(8) of this section apply.

7. 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.

8. Exceptions to the standards set forth in this subsection are listed as follows: public facilities, minor and major utility facilities, schools, 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 subsection. Such facilities needing added public safety and security shall construct fences in accordance to the standards set forth for such facilities.

9. Through lots with frontage along minor arterials may construct a fence to the maximum height with a zero setback along the minor arterial; provided, that all sight distance requirements are met.

K. Sight Distance Requirements. At all intersections there shall be a triangular yard area within which no tree, fence, shrub or other physical obstruction shall be permitted higher than three feet above the adjacent grade where fences, walls and hedges would provide less than 50 percent visibility. Fences, walls, and hedges providing at least 50 percent visibility shall not exceed a height of four feet. Examples of fences that could meet the 50 percent visibility include spaced rail fences, spaced picket fences, and chain link fences. This triangular area shall measure as follows:

1. Street Intersections. At any intersection of two street rights-of-way, two sides of the triangular area shall extend 20 feet along both shoulder or curblines of the improved portion of the rights-of-way, measured from their point of intersection. For the purpose of this paragraph an alley shall be considered as a street.

2. Street and Driveway Intersections. At any intersection of street right-of-way and a driveway, two sides of the triangular area shall extend 20 feet along the edge of the driveway and 10 feet along the shoulder or curbline of the improved portion of the right-of-way. Such triangular area shall be applied to both sides of the driveway.

3. Fences utilized to enclose drainage detention ponds or other drainage facilities shall meet the above regulations, as well as any other applicable regulations of the Sumner Municipal Code.

L. School and Church Height Exceptions. When applicable, a height exception shall be applied for as part of a conditional use permit application to establish such uses or expansion of such uses. Conditionally permitted school and church uses may exceed building height requirements to a maximum of 50 feet in the LDR zone upon approval of such height exception by the hearing examiner. A height exception does not require separate application for a special exception or variance.

M. Expansion of Specified Existing Uses. Existing automotive and motorized vehicle sales and rental agencies lawfully operating as of June 1, 2000, may be maintained as follows:

1. The specified uses may expand, 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. Structures may be rebuilt after a fire or other disaster to original dimensions, or expanded per requirements in this section, unless a health or safety impact would occur.

3. If expansion requires any increase in impervious surface, a 10-foot landscaped yard setback shall be created and solid six-foot masonry wall or wood fence established and maintained along the property line that abuts residential properties, except that fences and walls located within the required front or street side yard shall not exceed a height of three feet. The landscape buffer shall contain a planting of trees with a minimum of eight feet in height at planting and a minimum of 20 feet at maturity. Trees shall be a mix of 50 percent deciduous and coniferous and planted 15 feet on center.

4. Any expansion shall meet the performance standards set forth in SMC 18.16.080 and design review standards per chapter 18.40 SMC.

N. Manufactured homes shall meet all of the following conditions:

1. Manufactured homes shall be new;

2. Manufactured homes shall be set upon a permanent foundation and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product which can be either load-bearing or decorative;

3. Manufactured homes shall be thermally equivalent to the State Energy Code;

4. Manufactured homes shall have exterior siding similar in appearance to siding materials commonly used on site built single-family homes;

5. The roofs of manufactured homes shall be constructed with a shake or shingle, coated metal, or similar material with a nominal roof pitch of 3:12; and

6. Manufactured homes shall be comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long.

O. A minimum of 50 percent of the area of front and street side yards shall be landscaped with vegetation or other landscaped features other than paving, gravel, or hard surfaces.

P. Professional offices are permitted as a conditional use; provided, that:

1. The use creates minimal customer service demands on site;

2. The use shall only be allowed within structures existing as of the effective date of the ordinance codified in this section and the structure shall not be expanded by more than 50 percent of its gross floor area;

3. The use has a street address and primary vehicle access from a minor or principal arterial as identified in the city’s comprehensive transportation plan; the use is located within one block or 500 feet, whichever is less, of a freeway interchange as measured from the right-of-way boundary nearest to the property; and the property is north of the freeway;

4. The appearance of the structures shall not be altered to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, exhausts, or vibrations that carry beyond the premises;

5. Off-street parking and access shall be provided per chapter 18.42 SMC;

6. Any development shall be subject to the applicable design and development guidelines per chapter 18.40 SMC;

7. Signs shall be subject to SMC 18.44.210;

8. All fees associated with conversion of a residence to a professional office use shall be charged under commercial rates; and

9. Lots may not be consolidated to accommodate a professional office use or required parking.

Q. A mineral extraction use shall:

1. Comply with the noise control code in chapter 8.14 SMC;

2. Not produce light, glare or vibration in any amount determined to constitute a public or private nuisance under local or state laws or to disturb the peace, quiet, and comfort of neighboring residents, businesses or other property owners;

3. Meet or exceed regional, state, and federal air and emission levels;

4. Screen all mechanical devices from surrounding properties and public streets;

5. Be consistent with the city’s comprehensive plan maps;

6. Utilize best available control technologies;

7. Only be permitted on property that is designated as mineral resource land pursuant to chapter 16.44 SMC; and

8. Require loaded trucks leaving the site to be covered, using best available technology.

R. Permanent supportive housing and transitional housing shall:

1. Comply with all applicable setbacks, height and other dimensional standards as required in this chapter;

2. Be limited to occupancy by one family per dwelling unit;

3. Comply with the maximum housing density for the zone, except that in no case shall density exceed a maximum of 10 housing units on any single parcel of land; and

4. Where the number of housing units exceeds one unit per lot, such housing shall not be located within one-half mile of any other emergency shelter or emergency housing use; or any permanent supportive housing or transitional housing use. (Ord. 2794 § 8, 2021; Ord. 2737 § 7, 2020; Ord. 2499 § 3, 2014; Ord. 2301 §§ 1, 2, 2009; Ord. 2247 § 2, 2008; Ord. 2194 § 1, 2007; Ord. 2193 § 3, 2007; Ord. 2135 § 4 (part), 2005; Ord. 2022 § 2, 2003; Ord. 1944 § 2, 2001; Ord. 1786 § 2, 1997; Ord. 1694 § 1, 1995)

18.12.090 Traditional neighborhood design optional development standards.

In place of the development standards of SMC 18.12.070, new subdivisions in the LDR-6, LDR-7.2, LDR-8.5 and LDR-12 districts may utilize the following standards, if all provisions are met.

A. Lot sizes: 20 percent of the lots may equal 80 percent of the square footage of the minimum lot size of the district. Lots taking access from an alley may equal 80 percent of the minimum lot size. A minimum of 25 percent of lots must equal the required lot size of the zone. In no case shall the reduction in lot sizes be combined with the reduction in lot sizes allowed in SMC 16.40.140(A) or (B);

B. Lot width in feet: 50; 40 for lots with alley access;

C. Front yard setback in feet: 15 minimum; 25 maximum;

D. Rear yard setback in feet: 25;

E. Interior side yard setback in feet: six;

F. Street side yard setback in feet: 10;

G. Maximum building height in feet: 30;

H. Maximum lot coverage: 40 percent;

I. Minimum street frontage in feet: 15;

J. Reserved;

K. Reserved;

L. Structures in subdivisions subject to this section shall comply with regulations outlined in chapter 18.40 SMC;

M. At least 50 percent of the homes shall have alleys for vehicular access. (Ord. 2134 § 11, 2005: Ord. 1906 § 8, 1999; Ord. 1803 § 4, 1997; Ord. 1694 § 1, 1995)