Chapter 17.04
GENERAL ZONING PROVISIONS

Sections:

17.04.010    Adoption of plan.

17.04.020    Purpose.

17.04.030    Definitions.

17.04.040    Use of school property.

17.04.050    City-wide prohibited uses.

17.04.055    Marijuana retail sales, processing, and production – Prohibited.

17.04.060    TV satellite receiving stations.

17.04.070    Swimming pools – Requirements.

17.04.080    Temporary buildings.

17.04.090    Child day care businesses.

17.04.010 Adoption of plan.

A zoning ordinance is adopted establishing zones within the City as provided by law. (The current official zoning map is on file with the City Clerk. For statutory provisions on comprehensive plans see RCW 35.63.100.) [Ord. 1272 § 17-1-1, 1980.]

17.04.020 Purpose.

A precise land use plan and map for the City are adopted for the purpose of promoting public health, safety, morals, and general welfare and the following specific purposes:

A. To assist in providing a definite plan of development for the City, and to guide, manage and regulate the future growth of the City, in accordance with the comprehensive plan.

B. To protect the character, social and economic stability of the residential, commercial, industrial and other areas within the City, and to ensure the orderly development of such areas.

C. To minimize construction of buildings and other permanent structures in right-of-way widths for future road development as detailed in the transportation element of the comprehensive plan. [Ord. 1272 § 17-1-2, 1980.]

17.04.030 Definitions.

For the purpose of this title, certain terms and words are defined as follows. Words used in the present tense include the future tense; words in the singular number include the plural number. The word “shall” is mandatory, not directory. Words not defined in this section shall be construed as defined in the building ordinance of the City, if defined therein.

“Accessory use” or “accessory building” means a building, part of building, structure or use which is subordinate to, and the use of which is incidental to, that of the main structure, building or use on the same lot, such as garages, carports, guest houses. Signs and fences are not to be considered as accessory buildings.

“Acreage” means an undeveloped parcel of land of at least one acre in size.

“Agriculture” means the tilling of the soil, the raising of crops, horticulture, small livestock farming, dairying, and/or animal husbandry, including slaughterhouses, fertilizer yards, bone yards, or plants for the reduction of animal matter or any other industrial use which is similarly objectionable because of odor, noise, smoke, dust or fumes.

“Alley” means any public thoroughfare not exceeding 30 feet in width for the use of pedestrians and/or vehicles which affords only a secondary means of access to abutting property.

“Antique shows” shall be defined as the display for sale of vintage furniture, automobiles, heirlooms, memorabilia, collectibles, and other similar items, which shows are sponsored by nonprofit corporations or charitable associations, and which shows shall be restricted to occur at one location no more often than 14 calendar days per year, and with no single show being longer in length than seven consecutive days.

“Apartment” means a room or suite of rooms in a multiple dwelling, occupied or suitable for occupancy as a residence by one family.

“Apartment house” means a building or portion thereof used or intended to be used as a home by three or more families or householders living independently of each other, in separate apartments, and containing three or more dwelling units.

“Arts and crafts bazaars” shall be defined as settings for the display and sale of handmade gifts, decorations, apparel, hobby craft items, as well as candies and baked goods, which bazaars shall be restricted to occur at one location no more than 14 calendar days per year, and with no single bazaar being longer in length than seven consecutive days.

“Boardinghouse” means a dwelling, other than a hotel or residential care home, where lodging and/or meals for five or more persons is provided for compensation.

“Building” means any structure built for the support, shelter or enclosure of persons, animals or chattel, and when separated by such division walls without openings from the ground up, each portion of such structure shall be deemed a separate building.

“Building area” means the maximum horizontal projected area of a building and its appurtenant buildings excluding covered walks, open steps, buttresses, terraces, cornices and other ornamental features projecting from the walls of the building not otherwise supported from the ground.

“Business of commerce” means the purchase, sale or other transaction involving the handling or disposition (other than is included in the term “industry” as defined in this section) of any article, substance or commodity for profit or livelihood, including, in addition, office buildings, offices, shops for the sale of personal services, garages, outdoor advertising signs and structures, motels and recreational and amusement enterprises conducted for profit, but not including junkyards.

“Condominiums” means those structures which involve the ownership of individual apartments and which must conform with the requirements of Chapter 64.32 RCW (the Horizontal Property Regimes Act). The definitions and requirements in that chapter as now exist or as amended in the future are adopted by reference. Condominiums as defined herein are restricted to locations in planned unit developments (PUD).

“Dwelling” means a building or portion thereof designed exclusively for residential purposes, including one-family, two-family and multiple dwellings, but excluding hotels, motels and boardinghouses.

“Dwelling unit” means one or more rooms in a dwelling or apartment house, designed for occupancy of one family for living purposes, and having only one kitchen.

“Dwelling, one-family” means a detached building designed for occupancy by one family.

“Dwelling, two-family” means a detached building designed for occupancy exclusively by two families living independently of each other.

“Dwelling, multiple” means a building or portion thereof designed as a residence for three or more families living independently of each other.

“Established grade” means the curb line grade at the front lot line as established by the City.

“Family” means any number of individuals related by blood, marriage, adoption or operation of law, or a number of unrelated individuals, occupying such residence as a single housekeeping unit and doing their cooking on the premises; provided, however, that the maximum number of occupants shall be subject to the occupancy limitations and provisions set forth in the Uniform Housing Code.

“Farm labor camp” means any living quarters, dwelling, boardinghouse, tent, bunkhouse, camper, mobile home, or other housing accommodations maintained by an employer for five or more employees in connection with any agricultural work or place where agricultural work is being performed.

“Garage, private” means any accessible and usable covered space of not less than eight feet by 20 feet for the parking of automobiles off the street.

“Garage, public” means a building other than a private garage used for the care, repair, or equipping of automobiles, or where such vehicles are kept for remuneration, hire or sale.

“Group residential facility” means a full-time residential use providing supervised domiciliary care for a group of persons not to exceed eight who have severe chronic disabilities such as mental retardation or physical handicaps which result in substantial functional limitations. This facility would not include facilities which persons are assigned to pursuant to a criminal conviction or those where residents, individually or by their legal guardian, are not free to terminate their residency at will. This facility may provide rehabilitative services such as physical therapy and training in social skills, and this facility includes families caring for five or more foster children.

“Guest house” means living quarters within an accessory building for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling.

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), except for moderate-risk waste as set forth in RCW 70.105.101(17).

“Hazardous waste generator” means any person or site whose act first causes a dangerous waste to become subject to regulation under the Dangerous Waste Regulations, Chapter 173-303 WAC.

“Hazardous waste storage” means the holding of hazardous waste for a temporary period, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC.

“Hazardous waste treatment” means the physical, chemical, or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC.

“Height of building” means the vertical distance from the finished grade along the front of the building to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

“Home occupation” means any occupation conducted on the premises of the occupant of a dwelling as a secondary or accessory use; provided, that the display of goods, stock-in-trade and commodities sold shall not involve activities outside of the building not normally associated with residential use; and further provided, that the home occupation shall not affect or interfere with the residential use of the neighborhood. Factors to be considered in evaluating a request for a conditional use permit for a home occupation shall include, but shall not be limited to, the following: vehicle traffic, noise, odor, dust, vibration, fumes, smoke and electrical interference. The home occupation shall have no advertising other than an unlighted name plate not more than two square feet in area announcing the name and home occupation and shall employ not more than two employees working on the site who do not reside on the site.

“Industry” means any department or branch of art, occupation or business conducted as a means of livelihood or for profit, especially one which employs much labor and capital and is a distinct branch of trade.

“Junkyard” means the use of more than 200 square feet of any lot area for the storage or keeping of junk, scrap materials, secondhand materials, scrap metals or other scrap materials and the like and for the dismantling or “wrecking” of automobiles or other vehicles or machinery.

“Kennel” means a place where five or more dogs or cats over four months of age are kept for commercial or noncommercial purposes. The term kennel shall not apply to animal control shelters operated by government agencies, nonprofit societies for the care of stray animals or to veterinary hospitals.

“Lot” means land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area required by this chapter for a building site in the zone in which such lot is situated, and having the principal frontage on a street.

“Lot area” means the total horizontal area included within lot lines.

“Lot, corner” means a lot situated at the intersection of two or more streets and which at least two sides abut for their full lengths on a street. A corner lot shall be deemed to have two front lines, and the remaining lot lines shall be deemed to be side lines.

“Lot depth” means the average distance from the street line of the lot to its rear line measured in the general direction of the side lines of the lot.

“Lot, frontage” means that portion of a lot abutting a public street.

“Lot, interior” means a lot other than a corner lot.

“Lot lines” means the lines bounding a lot as defined in this section.

“Lot line, rear” means that line of a lot which is generally opposite the lot line along the frontage of said lot. In cases in which this definition is not applicable, the Planning Commission shall designate the rear lot line.

“Manufactured home” means a “designated manufactured home” defined in RCW 35.63.160.

“Mini-storage” means structures which contain storage spaces which are leased to individuals to store items of personal property. Each of these spaces shall be enclosed and accessible only by a door for which the lessee alone shall have a key.

“Mobile home” means a detached single-family dwelling unit with all of the following characteristics:

1. Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems;

2. Designed to be transported after fabrication on its own wheels or on flatbed or other trailers or detachable wheels; and

3. Situated at the site where it is to be occupied as a complete dwelling, including major appliances, and ready for occupancy except for minor unpacking and assembly operations, location on foundation supports, connection to utilities and the like.

“Mobile home court, park or camp” means any tract of land used or designed to accommodate two or more automobile trailers or mobile homes.

“Motel” means a group of attached or detached buildings containing individual sleeping or living units where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients.

“Nonconforming building” means a legally established pre-existing building or structure which does not conform in its construction, lot requirement or building height to the regulations of the use zone in which it is classified in this chapter.

“Nonconforming use” means a tract of land occupied by a legally established pre-existing use which does not conform to the regulations of the use zone in which it is classified by this chapter.

“Off-site hazardous waste treatment and storage” means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facility is located.

“On-site hazardous waste treatment and storage” means hazardous waste treatment and storage facilities that treat and store wastes generated on the same property.

“Parking space” means a minimum 171 square feet of lot or floor area, at least nine feet in width and at least 19 feet in length, exclusive of aisles and/or driveways, having adequate access from the public thoroughfare and shall be deemed a parking space for one automobile.

“Pet store” means a business establishment where primary merchandise consists of domestic animals, such as household pets, including but not limited to fish, cats, dogs, birds, hamsters, gerbils and the like. It shall not include snakes or other exotic animals.

“Service station” means a filling station to supply motor fuel and oil to motor vehicles and including grease racks or elevators and providing minor tire and battery servicing, sales of motor vehicle accessories, trailer rentals and allowing minor vehicle repairs.

Signs. See Uniform Sign Code (Chapter 15.36 SMC.)

“State siting criteria” means criteria for the siting of hazardous waste treatment and storage facilities adopted pursuant to the requirements of RCW 70.105.210.

“Structure” means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences under six feet in height, retaining walls under three feet in height, rockeries and similar improvements of a minor character.

“Truck depot” means the place for the break of bulk or storage and transfer of cargo from and to trucks of one or more companies which may include vehicle and ancillary storage and vehicle repair shops as well as associated dispatch and general offices.

“Truck stop” means a place for the transient stopping, parking, fueling, and repair of commercial trucks and the resting, including eating, sleeping and recreation of the truck drivers, which place may also serve the general public and their vehicles.

“Truck terminal” means the place for the basing, storage, repair and maintenance of trucks usually of one company where drivers for that company would begin or terminate commercial delivery trips and usually includes associated trucking company offices and ancillary storage or repair parts or equipment associated with the trucking operation.

“Vehicle” means all instrumentalities capable of movement by means of circular wheels, skids or runners of any kind along roadways or paths, or other ways of any kind, specifically including, but not limited to, all forms of vehicles, buses, trucks, cars and vans, all forms of trailers or mobile homes of any size whether capable of supplying their own mode of power or not, without regard to whether the primary purpose of such instrumentality is or is not the conveyance of persons or objects, and specifically including all such automobiles, buses, trucks, cars, vans, trailers and mobile homes even though they may be at any time immobilized in any way and for any period of time for whatever duration.

“Yard, front” means an open unoccupied space on the same lot with a building extending across the full width of the lot between the front line of the building (exclusive of steps) and the front property line.

“Yard, side” means an open occupied space on the same lot with the building between the side wall of the building and the side line of the lot and extending from the front to rear yard.

“Yard, rear” means an open unoccupied space on the same lot with a building extending across the full width of the lot between the rear line of the building (exclusive of steps, porches and accessory buildings) and the rear line of the lot.

“Zone” means a portion of the incorporated area of the City within which certain uses of land, premises and buildings are permitted; and certain other uses of land, premises and buildings are not permitted; and within which certain yards and other open spaces are required, certain building site areas are established and certain height limits are specified for buildings, all as set forth and specified in this chapter. [Ord. 1975 § 1, 1999; Ord. 1940 § 1, 1997; Ord. 1899 § 1, 1995; Ord. 1808 § 2, 1993; Ord. 1725 § 1, 1991; Ord. 1704 § 1, 1990; Ord. 1703 § 1, 1990; Ord. 1670 § 4, 1989; Ord. 1628 § 1, 1988; Ord. 1437 §§ 1, 2, 1984; Ord. 1425 § 4, 1983; Ord. 1405 § 1, 1983; Ord. 1392 § 1, 1983; Ord. 1370 § 1, 1982; Ord. 1355 § 1, 1982; Ord. 1272 § 17-1-3, 1980.]

17.04.040 Use of school property.

Notwithstanding the zoning district in which school property otherwise lies, the temporary uses and applications permitted in and on school property within the City shall be as determined and allowed by the administration of the school. [Ord. 1438 § 1, 1984.]

17.04.050 City-wide prohibited uses.

The following uses are prohibited in all zones within the City:

A. Auto wrecking yards;

B. Distillation of bones;

C. Explosives, manufacture or storage;

D. Fat rendering;

E. Fertilizer manufacture;

F. Exterminator or insect poison spray manufacture. [Ord. 1516 § 1, 1985.]

17.04.055 Marijuana retail sales, processing, and production – Prohibited.

Marijuana related land uses such as recreational marijuana production, processing, and retail sales, although they may be allowed by State law, are expressly prohibited from locating or operating in any zone within the City of Sunnyside. [Ord. 2015-12 § 1, 2015.]

17.04.060 TV satellite receiving stations.

TV satellite receiving stations shall be permitted in the zoning districts of the City as specified in and pursuant to the requirements of Chapter 15.42 SMC. [Ord. 1522 § 2, 1985.]

17.04.070 Swimming pools – Requirements.

A. Swimming pools, public or private, may be constructed in all zones, except M-1 and M-2; provided, that the following considerations are addressed:

1. That appropriate safeguards are provided for screening the pool from adjacent property owners in such a manner as to alleviate any unnecessary disturbance to the surrounding property owners, including a fence not less than five feet high surrounding the pool;

2. That consideration must be given to ensure that any lighting installed by the owner of the pool would not present glare or excessive lighting to adjacent properties so as to cause inconvenience or disturbance to the neighborhood; and

3. That on all above-ground and other pools, pool decking and surrounding structures must be constructed so as to prevent viewing from the pool deck to adjacent yards and/or living units.

B. A “swimming pool” as used in this section shall mean any depression in the ground, either temporary or permanent, or any container of water, either temporary or permanent, whether above or below the ground, in which water of 24 inches (60.96 centimeters) or more in depth is contained, and which is primarily used for the purpose of bathing and swimming. [Ord. 1682 § 1, 1989.]

17.04.080 Temporary buildings.

A. Temporary buildings which are incidental to construction work and which are immediately adjacent to the construction work shall be permitted in all zones of the City, including residential zones (R-1, R-2, R-3); provided, that the necessary building permits shall be obtained for the construction work; and provided, that the temporary building must be removed upon completion or abandonment of the construction work.

B. Temporary buildings not incidental to construction may also be permitted in all zones of the City other than on properties which are used for residential purposes or on vacant property in the residential zones (R-1, R-2, R-3) where the use of the temporary building is incidental to the uses being made of the property on which it is placed or adjacent to.

C. Temporary buildings may not remain on the property for more than 12 months without an extension as provided herein. If the placement of a temporary building may exceed 12 months, then the Building Department shall be authorized to receive and review a request for an extension of time and may grant an extension for a period of time not to exceed six months. Factors which shall be considered in deciding whether to grant or deny the request for extension shall include, but not be limited to, the length of time that the temporary building shall remain on the premises, the uses of the property and of neighboring property and the impacts that the building, business and use of the property has on neighboring property, and any other factors which may be involved.

D. Any further requests for extension of the placement of temporary buildings beyond the initial 12-month period of time and a six-month extension of time granted by the Building Department shall be reviewed and considered for approval with conditions or denial by the Board of Adjustment pursuant to the provisions of Chapter 17.64 SMC; provided, that any extensions which may be approved by the Board of Adjustment shall not be of a duration in excess of six months per such extension.

E. The placement of temporary buildings shall be subject to permits and inspections by the Building Department; provided, that any temporary building which is not constructed on a permanent foundation shall also meet the requirements for installation of mobile homes or manufactured homes pursuant to Chapter 15.58 SMC. [Ord. 1722, 1990.]

17.04.090 Child day care businesses.

A. For the purposes of this section, “child day care” shall mean the provision of supplemental parental care and supervision:

1. For a nonrelated child or children;

2. On a regular basis;

3. For less than 24 hours per day; and

4. Under license by the Washington State Department of Social and Health Services.

As used in this section, the term is not intended to include baby-sitting services of a casual, nonrecurring nature or in the child’s own home. Likewise, the term is not intended to include cooperative, reciprocative child care by a group of parents in their respective homes.

B. “Child day care facility” means a building or structure in which an agency, person or persons regularly provide care for a child or for a group of children for periods of less than 24 hours per day. Child day care facilities shall include all such facilities regulated by the Washington State Department of Social and Health Services as presently defined and hereinafter amended in Chapter 74.15 RCW and WAC Title 388.

C. “Day care center” means a day care facility for the care of a nonrelated child or children in a facility other than the family abode of the person or persons under whose direct care and supervision the children are placed.

D. “Family abode” means a single dwelling unit and accessory buildings occupied for living purposes by a family which provides permanent provisions for living, sleeping, eating, cooking and sanitation.

E. “Family child care home” means a facility in the family residence of the licensee providing regularly scheduled care for 12 or fewer children, within a birth through 11 years of age range exclusively, for periods of less than 24 hours.

F. “Family child day care home” means the same as family child care home, and a child day care facility licensed by the State located in the family abode of the person or persons under whose direct care and supervision the child is placed, for the care of 12 or fewer children, including children who reside at the home.

G. “Family residence” means the same as “family abode.”

H. “License” means a permit issued by the Washington State Department of Social and Health Services authorizing by law the licensee to operate a family child care home and certifying the licensee meets minimum requirements under licenser.

I. “Business license” means the business license issued by the City authorizing the licensee to operate a family child care home, day care center, or child day care facility. Business licenses shall be required for child day care businesses pursuant to Chapter 5.52 SMC. A business license shall be required for each family child care home pursuant to Chapter 5.34 SMC. Child day care businesses shall be allowed in those zones of the City by a special use permit pursuant to SMC 17.64.020(D); provided, however, that family child care homes shall be permitted in all residential and commercial zones of the City upon compliance with the provisions of Chapter 5.34 SMC. All child day care businesses shall comply with all applicable federal, State and local codes and regulations. [Ord. 1859 § 1, 1994; Ord. 1747 § 1, 1991.]