Milton City Zoning Code
CHAPTER 17
44 GENERAL USE REGULATIONS
§ 17.44.010 Compliance required.
The regulations pertaining to the several classifications shall be subject to the general provisions, conditions, and exceptions contained in this chapter.
(Ord. 1405 § 2, 1999; Ord. 1912 § 1, 2017)
§ 17.44.012 Authorized uses, generally.
Authorized uses for all zoning districts are set forth in Chapter 17.14 MMC. Authorized uses in all zones are subject to off-street parking requirements, as well as to the general provisions and exceptions contained in this section.
(Ord. 1405 § 2, 1999; Ord. 1912 § 1, 2017)
§ 17.44.013 Similar use determination.
The land use administrator may authorize uses for all zoning districts that have similar characteristics to uses specifically cited in Chapter 17.14 MMC. In making an affirmative determination that a use is similar to one specifically cited in Chapter 17.14 MMC, the land use administrator must find that the trip generation and type of traffic, parking and circulation, utility demands, environmental impacts, physical space needs, and clientele characteristics of the use differ less than 10 percent from the characteristics of the use specifically cited in Chapter 17.14 MMC.
(Ord. 1405 § 2, 1999; Ord. 1912 § 1, 2017)
§ 17.44.014 Conditional uses, generally.
§ 17.44.016 Prohibited uses.
Any use not specifically authorized by this chapter or allowed by conditional use is prohibited, except for the following:
B.
Uses determined by the land use administrator to be similar to uses authorized by this title.
(Ord. 1405 § 2, 1999; Ord. 1912 § 1, 2017; Ord. 2105 § 2 (Exh. A), 2025)
§ 17.44.020 Yard and open space regulations.
Except as provided in this chapter, every required yard and open space shall be open and unobstructed from the ground to the sky. No yard or open space provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building, and no yard or open space on any lot or parcel shall be considered as providing a yard or open space on an adjoining lot or parcel whereon a building is to be erected. Nothing in this section shall be construed to restrict or prohibit the placement of landscaping; provided, that such landscaping does not obstruct any vision clearance as set forth in MMC § 17.44.060.
(Ord. 1405 § 2, 1999; Ord. 1912 § 1, 2017)
§ 17.44.040 Area and width exceptions for substandard lot.
A single-family dwelling may be established on a lot which cannot satisfy the lot area or lot width requirements of the zoning district, where the lot at the date the applicable requirement was enacted was owned by a person or persons other than the owners of the adjoining lot; provided, however, that the yard requirements shall remain the same; and provided, that the lot is located in a zone which allows residential uses.
(Ord. 1405 § 2, 1999; Ord. 1912 § 1, 2017)
§ 17.44.050 Yard requirements for property abutting half streets or streets designated by an official control.
A.
A building or structure shall not be erected or maintained on a lot which abuts a street having only a portion of its required width dedicated, and where no part of the dedication would normally revert to the lot if the street were vacated, unless the yards provided and maintained in connection with the building or structure have a width or depth of that portion of the lot needed to complete the road width, plus the width or depth of the yards required on the lot by this title, if any. This section applies to all zoning districts.
B.
Where an official control adopted pursuant to law includes plans for the widening of existing streets, the connecting of existing streets or the establishment of new streets, the placement of buildings and the maintenance of yards, where required by this title, shall relate to the future street boundaries, as determined by the official control.
C.
The city may require the dedication and construction of those portions of such streets identified in subsections A and B of this section, which extend across the frontage of the lot as a condition of approval of a building permit or development plan, upon a finding that such dedication or construction substantially relates to the impact of the proposed development.
(Ord. 1405 § 2, 1999; Ord. 1912 § 1, 2017)
§ 17.44.060 Vision clearance.
A.
All corner lots shall maintain for safety vision purposes a triangular area, two sides of which shall extend 20 feet along the lot lines from the corner of the lot formed by the intersection of the two streets. Within the triangle and from the edge of the triangle to the edge of the street pavement, no structure, object, fence or vegetation shall be allowed between a height of 42 inches and 10 feet above the established grade as shown in Figure 1.
 |
B.
On lots upon which a vehicular driveway is maintained, an area of vision clearance shall be maintained on each side of the driveway. The area shall be defined by a triangle, extending 20 feet along the lot line from the intersection of the driveway and the street and 12 feet along the edge of the driveway as shown in Figure 2.
 |
D.
Public poles and traffic control devices shall not be considered sight obstructions in the vision clearance triangle. Additional objects 12 inches in diameter and smaller and significant trees as defined in MMC § 17.44.110(G)(1) may be allowed within sight distance areas if located so as not to substantially restrict the driver's view of approaching traffic or pedestrians.
(Ord. 1405 § 2, 1999; Ord. 1912 § 1, 2017; Ord. 2069 § 5, 2023)
§ 17.44.070 Permitted intrusions into required yards.
A.
Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, sun shades and gutters may project into a required yard a distance not to exceed one foot.
B.
Uncovered porches and platforms which are not higher than the floor level of the first floor may extend 18 inches into any side or rear yard, and six feet into a front yard.
C.
Planting boxes or masonry, and planters not exceeding 42 inches in height may extend into any required front yard.
D.
Eaves may extend into any required yard a distance not to exceed 30 inches.
(Ord. 1405 § 2, 1999; Ord. 1912 § 1, 2017)
§ 17.44.080 Fences.
A.
Intent. The intent of this section is to establish minimum requirements and standards for fences in order to provide screening and security while protecting the aesthetic assets of the community.
B.
All fences, as defined in MMC § 17.08.310, in the city are allowed under the following conditions:
1.
Permit Requirements.
a.
A fence permit is required from the planning and community development department for fences on private property that are located in a required yard along a public right-of-way of residential properties and for all fences on nonresidential properties.
b.
If more than 35 percent of the fence run (a section of continuous fencing along one property line) is to be rebuilt or replaced, it shall be treated as a new fence and subject to the permitting criteria of subsection (B)(1) of this section.
c.
A building permit is required for fences when required by the International Building Code or International Residential Code.
2.
Location. Private fences shall be located on private property and not within a public right-of-way.
3.
Measurement Criteria. The height of a fence shall be measured from the existing ground elevation directly under the fence to the top of the fence, excluding posts. On sloping properties where a fence is constructed of sections which are terraced to match the terrain, fence height shall be the average of the high and low points of each fence section. In such instances, portions of the fence may exceed the maximum allowable height; provided, that the average height of the fence section does not exceed the maximum height.
4.
Fence Types. In addition to the definition of a fence found in this title, fences are further classified as follows:
a.
Opaque. Fences are considered opaque if the fence provides less than 75 percent visibility through the fence. Examples of opaque fences include but are not limited to solid wood fences, concrete wall fences, picket fences, and chain link fences with slats inserted.
b.
Transparent. Fences are considered transparent if the fence provides greater than or equal to 75 percent visibility through the fence. Examples of transparent fences include but are not limited to split rail fences, spaced picket fences, chain link fence without slats inserted, and wrought iron fences.
5.
Security Gates. Where security gates are installed, they must be approved by East Pierce Fire and Rescue and follow the Pierce County gate standards.
6.
Prohibited. Barbed wire concertina wire and the like shall not be allowed in any district except the light manufacturing (M-1) and community facilities (CF) districts nor allowed along a shared property line with a residential zoning district or established residential use, including multifamily.
7.
Electrified Fences. Where allowed, electrified fences, regardless of the intensity of the electrification, shall be behind a minimum six-foot-tall opaque or transparent fence, and shall be protected from contact with pedestrians and incidental discharge of electricity to any person, animal or object utilizing the sidewalk or adjacent right-of-way if a sidewalk does not exist. Electrified fences shall meet all applicable federal, state and local electrical codes. Electrified fences are allowed in the light manufacturing (M-1), community facilities (CF), and on parcels used for livestock.
8.
Materials. Fences shall be made of exterior rated materials, such as wrought iron or other decorative metals suitable for the construction of fences, fired masonry, concrete, stone, chain link, wood planks, and vinyl or fiberglass composite manufactured specifically as fencing. Fence materials must also be materials approved for exterior use and are weather and decay-resistant.
9.
Existing Fences. The requirements of this section shall apply only to fences built after the effective date of the ordinance codified in this section. Fences legally constructed before that date shall be considered legal nonconforming fences subject to Chapter 17.52 MMC. Existing fences removed and replaced after the adoption date of the ordinance codified in this section shall meet the requirements of this section. Maintenance of a fence does not trigger the necessity to bring a nonconforming fence into compliance with the current regulations, unless more than 35 percent of the fence run (a section of continuous fencing along one property line) is to be rebuilt or replaced.
10.
Exemptions. The provisions of this section shall not apply to fences required by state law to surround and enclose public utility installations, fences required by other parts of the code, or chain link fences enclosing school grounds or public playgrounds. This exemption does not apply to required building permits, when applicable.
C.
Residential Zones. In addition to the requirements outlined in subsection (B) of this section, fences located in any residential zone are allowed under the following conditions, provided the safety vision clearance requirements of this chapter shall be maintained:
1.
Required Front Yard. An opaque fence not to exceed 48 inches in height, or a transparent fence not to exceed six feet in height, may be located in a required front yard.
2.
Interior Lots. A fence, not to exceed six feet in height, may be located anywhere on the lot outside of the required front yard.
3.
Corner Lots and Through Lots. When a lot has more than one required front yard, the front yard for fence purposes shall be determined by the land use administrator taking into account the design of the building, driveway location, and address.
 |
D.
Nonresidential Zones. In addition to the requirements outlined in subsection B of this section, fences located in any nonresidential zone not regulated by the uptown district or a planned development agreement are allowed under the following conditions; provided, that safety vision clearance requirements of this chapter shall be maintained:
1.
A transparent fence, not to exceed six feet in height, may be located in the front yard, provided a minimum of five feet of perimeter type landscaping is provided between the fence and the front property line.
2.
A fence, not to exceed six feet in height, may be located anywhere on the property outside of the front yard.
3.
A fence, not to exceed eight feet in height, is allowed anywhere on the property on the interior of the required perimeter landscaping strip outlined in MMC § 17.15C.010.
(Ord. 1405 § 2, 1999; Ord. 1708 § 2, 2007; Ord. 1871 § 2, 2015; Ord. 1912 § 1, 2017; Ord. 2069 § 6, 2023)
§ 17.44.090 Home occupations.
A.
Purpose. The purpose of this section is to provide standards in order to allow residents of single- or multifamily dwelling units to conduct business within their primary place of residence while still maintaining the residential appearance of the structure and the residential nature of the neighborhood, and inflicting no negative impacts on the neighboring properties or neighborhood.
B.
Applicability.
1.
Homeowners whose primary residence is at the subject residence, or renters whose primary residence is at the subject residence, who have written and notarized permission from the owners, may apply for a home occupation permit. Owners retain the enforcement requirements of the renters who apply.
2.
All business activities that meet the definition of a home occupation shall require a home occupation permit from the community development department; provided, that they (a) are not otherwise exempt from business licensing requirements pursuant to MMC Title 5, and (b) do not regularly receive visits from clients or customers at their home.
3.
The provisions of this section shall not apply to commercial and family child day cares, adult day care facilities, and adult family homes. Said uses shall be reviewed in accordance with this title.
C.
Submittal Requirements. In addition to those submittal requirements associated with MMC Title 5, the applicant shall submit an application for home occupation to the community development department. The director may require additional submittal materials in order to determine that a proposed home occupation will be in compliance with the requirements of this section.
D.
Permit Required. All home occupations require a home occupation permit from the community development department.
E.
Prohibited Uses as Home Occupations. Due to the intended residential nature of home occupations there are inherently uses that cannot be located in a neighborhood without impacting the area. Those uses include, but are not limited to:
F.
Exempt Uses as a Home Occupation. There are certain business activities that are small enough in scale, intensity, and duration to be exempt from the requirements of this section. Those uses include, but are not limited to:
1.
Garage sales, yard sales, bake sales, temporary home bazaars for hand crafted items or parties for the display of clothing, gifts, and household products, and other such uses shall not be subject to the requirements of a home occupation permit, provided:
2.
Sale of seasonal produce and other food products which are grown or produced on site.
3.
Hobbies, which are not undertaken for profit or compensation.
G.
Performance Standards. In accordance with this section all home occupations shall meet the following performance criteria:
1.
General Criteria.
a.
A home occupation permit shall be obtained prior to commencing business.
b.
A city business license shall be obtained prior to commencing business.
c.
The home occupation shall not be evident from the exterior of the residence, with exception of those activities allowed by this section, and shall be clearly secondary and incidental to the residential use of the property.
d.
The home occupation shall not unreasonably undermine the residential nature of the residence and surrounding neighborhood.
e.
The home occupation shall not create any odor, vibration or noise that extends beyond the property line.
f.
The home occupation shall not cause the fire rating or occupancy type of the structure to change pursuant to the currently adopted building and/or fire code.
g.
No storage of business material outdoors including but not limited to merchandise, equipment, tools, supplies, waste, displays, or raw materials, with the exception of those related to the growing or storing of plants used by the home occupation.
h.
No highly explosive or combustible material shall be used or stored on the premises in violation of the currently adopted building and/or fire code.
i.
The home occupation shall not interfere with radio, television, or wireless phone or data transmission or reception in the immediate vicinity.
j.
The home occupation shall comply with all other applicable requirements of the Milton Municipal Code, applicable state and federal requirements, along with requirements of any legally recognized body holding regulations over the property or neighborhood. Requirements or permission granted or implied by this section shall not be construed as an exemption from such regulations.
k.
Home occupations are subject to inspection by city staff insofar as permitted by law. Permit holders shall execute a notarized affidavit agreeing to allow appropriate city staff the ability to conduct an inspection of the residence, after reasonable notice is given, to determine compliance with the home occupation permit; provided, that said authorization may be revoked at any time by a permit holder by relinquishing his/her home occupation permit and discontinuing all home occupation activities at the residence.
l.
Signs advertising the home occupation are not permitted.
2.
Numerical and Size Criteria.
a.
Not more than one unrelated person, not permanently residing at the subject property, may be employed on site by the home occupation.
b.
The home occupation shall not occupy more than 40 percent of the principal structure on the property.
c.
There shall be no expansion of existing parking or creation of new parking, including on- and off-street parking, to accommodate the home occupation.
d.
There shall be not more than three daily additional deliveries/pick-ups, beyond regular postal service, associated with the home occupation.
H.
Enforcement. Any person conducting a home occupation without a valid permit shall be subject to the enforcement and penalty provisions of Chapter 17.78 MMC, Notice and Orders to Correct and/or Abate. Any person violating any provision of the required compliance statement or the specific conditions of the home occupation permit shall also be subject to the enforcement and penalty provisions of Chapter 17.78 MMC, Notice and Orders to Correct and/or Abate.
I.
Appeal. All decision and determinations made by the director under this section are designated as a Process Type II decision and are appealable to the hearing examiner under a Process Type II permit type.
J.
Expiration and Transferability. Home occupation permits are issued to an individual applicant and shall not be transferred or otherwise assigned to another person. The permit will automatically expire when the applicant named on the permit application moves from the site or moves the business from the site. The home occupation shall also automatically expire if the permittee fails to maintain a valid business license or the business license is suspended or revoked. The home occupation shall not be transferred to any site other than that described on the application form.
(Ord. 1579 § 3, 2003; Ord. 1762 § 3, 2010; Ord. 1912 § 1, 2017)
§ 17.44.100 Temporary living quarters.
A.
This section prohibits the use of structures or vehicles not permitted for permanent occupancy as primary or guest living quarters in excess of 30 days in a three-month period in a calendar year without a temporary use permit. This section applies to garages, carports, accessory structures, sheds, fabric shelters or tents, watercraft and recreational vehicles. The land use administrator may grant an extension for guest usage for a maximum of 30 additional days. In the case of an emergency such as damage to the main house, the director may grant a temporary use permit for emergency use while the main house is being rehabilitated or reconstructed. Temporary or permanent connections to the public storm water or sewer systems are prohibited for all temporary living quarters. Violations of this code are enforceable under Chapter 17.76 MMC, Administration and Enforcement.
1.
The temporary use permit must list an expiration date and provisions for further extension;
2.
The temporary use permit must be affixed to the recreational vehicle in such a manner that it is prominently displayed and visible, to the extent possible, from a public right-of-way;
3.
Recreational vehicles meeting the requirements of this subsection must be parked on private property and need not comply with accessory structure setback requirements for the effective period of the permit;
4.
No more than one temporary use permit may be granted within any three-month period; and
5.
Recreational vehicles shall not have connections to residential sewer systems or permanent connections to other residential utilities.
B.
No more than one recreational vehicle at a time may be used as a temporary dwelling on a lot.
C.
Parking or storage of recreational vehicles, watercraft or utility trailers for compensation is not permitted within a residential zone (RS, RM, or RMD). This subsection does not apply to storage facilities provided exclusively for tenants of multifamily dwelling complexes.
D.
No recreational vehicle may be used as an accessory structure to a residence or operating business, nor to accommodate a residential accessory use.
(Ord. 1717 § 2, 2008; Ord. 1912 § 1, 2017)
§ 17.44.110 Landscape requirements.
A.
Purpose. The purpose of this section is to enhance the environment of Milton through healthy landscape plantings, to enhance the compatibility of buildings and parking lots, and to work with the drainage characteristics of sites and landscaping.
B.
Maintenance. When landscaping is, or has been, required in accordance with the provisions of this chapter or any previously or currently applicable development standard or permit condition of the city, the landscaping shall be permanently maintained in such a manner as to accomplish the purpose for which it was initially required. Maintenance of required landscaped areas is the responsibility of the landowner or applicable homeowners' association.
C.
Applicability. These standards shall apply to:
1.
New nonresidential development, including expansion that disturbs more than 2,500 square feet of ground area or 60 percent of assessed value.
2.
Any nonresidential development exterior renovation, excluding mechanical improvements where the proposed improvements, including multi-year, are likely to exceed 40 percent of the assessed value of the structure.
3.
Multifamily development, including expansion and/or remodels.
4.
New parking areas or repaving of 5,000 square feet or greater.
5.
New subdivisions of five or more lots.
D.
Parking Lot Landscaping Provisions.
1.
Applicability. Parking lot landscaping shall be provided for new parking lots of 18 spaces or more double loaded or more than nine spaces single loaded. Landscaping must be provided for additions to parking where the result is 20 or more spaces. Internal planting islands, excluding the street frontage landscape bed, shall equal a minimum of seven percent of the total area of the parking area and circulation corridors.
2.
Dimensions. Planting islands shall have a minimum area of 160 square feet exclusive of bumper overhang (two feet on unstopped conditions), and a minimum dimension of eight feet.
3.
Specifications. Each planting island shall have a minimum of one tree, shrubs planted three feet on center, and the rest shall be vegetative groundcover or unit pavers that permit water infiltration. The groundcover shall be drought tolerant.
4.
Clustering of parking lot landscape beds where possible is encouraged for the health and vitality of the planting material, as compared with smaller planting beds.
E.
Standards – Planting Plans. A planting plan and irrigation plan are required to be prepared for any landscape subject to the provisions of this section pursuant to subsection D of this section.
1.
Persons Qualified to Prepare Plans. The landscape plan shall be prepared by a Washington State registered landscape architect, a nursery professional certified pursuant to the Washington Certified Nursery Professional program, or a Washington State certified landscape technician, except that planting plans for street tree requirements and canopy tree requirements for properties abutting vacant land may be prepared by the applicant. The irrigation plan shall be prepared by a Washington State registered landscape architect or irrigation designer certified by the Irrigation Association.
2.
Planting Plan. A planting plan is required to ensure that the proposed plantings are in conformance with the standards and requirements of this chapter. A final planting plan submitted prior to a development shall closely reflect or exceed the design and plant species identified on a conceptual planting plan reviewed as part of a use permit. A planting plan drawn to the same scale as the other development plans shall include, at a minimum, the following components:
a.
The location of existing vegetation to be retained and to be removed, proposed vegetation, property lines, impervious surfaces, existing or proposed buildings, natural or manmade water features or bodies, existing or proposed fences and retaining walls, critical lands and associated buffers, and designated recreational open space areas.
b.
A plant schedule containing the botanical and common names of the new plant material, existing plant material proposed to be retained, typical spacing for that species, the planting size of the material, the quantity of each plant, and any special planting instructions.
F.
General Landscaping Requirements.
1.
All areas of exposed soil, regardless of duration, shall be subject to erosion and sedimentation best management practices as described in Chapter 13.26 MMC, Storm Drainage of Surface Water – Utility, Management and Maintenance.
2.
All required landscaped areas shall be planted at the next planting season.
3.
All landscaped areas shall include at a minimum three low impact elements from subsection J of this section, with no more than two guidelines from each subsection, in the design to minimize and treat runoff. Vegetation within low impact development areas shall be counted toward any landscaping requirements for the site.
4.
Open Storm Retention/Detention Facilities.
a.
Open area provided or required under the storm drainage of surface water code (Chapter 13.26 MMC) shall have an eight-foot planting bed external to the fence. If a fence is not necessary, then no planting is required.
b.
Within the fence plantings should have habitat value. This is not a strict criterion, but where possible plants with high value to wildlife habitat, such as fall berries, or spring nesting material should be integrated into the design. Native plantings shall be emphasized. Plantings within storm water facilities shall count toward landscaping requirements.
5.
The plant material character of the landscape areas shall have the following characteristics:
a.
Trees. A minimum of 70 percent required parking area trees shall be deciduous, except, if existing trees are retained, the percentage of deciduous trees can be decreased accordingly. Perimeter landscape areas shall be no more than 50 percent evergreen.
b.
Shrubs. Shrub and hedge material used shall cover at least 60 percent of the required area.
c.
Vegetative Groundcover/Turf. Vegetative groundcovers that are sensitive to occasional foot traffic should not be used in landscape areas where foot traffic might be likely.
6.
Minimum Landscape Material Specifications. The following general planting regulations shall apply to all landscaped areas that require landscape plans:
b.
Shrubs.
i.
The minimum shrub size of flowering planting material shall be no less than a two-gallon container, with the plant covering the dimensions of the container.
ii.
Within the vehicular sight distance triangle, shrubs shall be regularly trimmed or shall not have a mature or maintained height greater than 36 inches.
d.
All plant materials shall conform to American National Standards Institute for Nursery Stock, latest edition.
e.
The use of Scotch broom, English ivy and other invasive type plants, including but not limited to the plants identified on the Pierce or King County noxious weed list as amended hereinafter, is prohibited.
f.
The choice of parking lot trees shall not include the following species:
i.
Acer negundo, Acer saccarinum, Acer macrophyllum (boxelder, silver maple, and big leaf maple). Break badly in storms;
ii.
Ailanthus altissima (tree of heaven). Roots are invasive, brittle wood, suckers freely (produces new trees off of the root system, which may create a maintenance problem in the yard);
iii.
Alnus rubra (red alder). Brittle wood. Favorite of tent caterpillars;
iv.
Malus. Fruiting apples. Fruit on walks;
v.
Prunus. Fruiting cherries. Fruit on walks;
vi.
Pyrus. Fruiting pears. Fruit on walks;
vii.
Populus spp. (Poplars). Tops are brittle and break up easily in storms;
viii.
Robinia pseudoacacia (black locust). Thorny, brittle;
ix.
Salix spp. (willows, including weeping). Roots can interfere with sewers.
G.
Significant Tree and Tree Grove Protection.
1.
Significant trees are healthy deciduous trees with a diameter at breast height (DBH) of greater than or equal to six inches, and evergreen trees in excess of 10 feet in height. Breast height is defined as four and one-half feet above grade. A grove of trees consists of a grouping of five or more significant trees with contiguous canopy cover. The health of the tree shall be determined by a Washington State licensed arborist.
2.
Trees on existing single-family and two-family lots are exempt from the significant tree and tree topping provisions of this section.
3.
For development subject to the provisions of this section, site design and construction shall retain as many significant trees and groves as can be reasonably retained. Significant trees and/or groves of trees located in proposed landscaping areas which do not interfere with the proposed development shall be retained. The removal of hazardous or dead trees is exempt from these requirements, upon recommendation from a licensed arborist.
4.
For significant trees, which cannot be reasonably retained and are proposed for removal, replacement ratios shall be as follows:
Significant Tree Type | Replacement Ratio |
|---|---|
Deciduous 6" – 9" DBH | (3) 2" caliper trees, minimum 6' tall |
Deciduous 9" – 12" DBH | (5) 2" caliper trees, minimum 6' tall |
Deciduous > 12" DBH | (7) 2" caliper trees, minimum 6' tall |
Evergreen 10' – 15' tall | (1) 10' tall tree or 2 trees 6' – 9' tall |
Evergreen > 15' tall | (2) 10' tall trees or 4 trees 6' – 9' tall |
5.
Significant trees which are not exempt from this chapter shall not be topped without prior approval of the director. Tree topping performed by a public utility to preserve essential services is allowed. The director may require a professional landscape architect's or arborist's written opinion regarding the necessity of tree topping prior to granting approval.
H.
General Grading and Plant Spacing Provisions.
1.
Grading Provisions.
a.
Slopes used for grass plantings or turf shall be less than 3:1 or 33 percent. Otherwise plantings should not require mechanized mowing equipment.
2.
Plant Spacing Provisions.
a.
Trees shall be planted on a spacing approximating 30 feet on-center.
b.
Shrubs shall be planted on a spacing approximating three feet on-center.
c.
Groundcover. Vegetative groundcover shall be installed so that complete coverage will be achieved in three or four years.
i.
The spacing of the planting material shall be appropriate to the chosen species based on an approved landscape plan.
ii.
Groundcover will be spaced in a manner to achieve general coverage within two years.
iii.
Where a four-inch container is used, groundcover shall be spaced at a minimum of 12 inches on-center. Where a one-gallon container is used, groundcover shall be spaced at a minimum of 24 inches on-center. Groundcover is not required beneath the drip line of shrubs.
d.
Turf grass is prohibited as a groundcover in interior parking lot applications and within any perimeter landscape requirement less than 10 feet in width.
I.
Soil Preparation and Mulching.
1.
Soil Preparation.
a.
Planting beds should be deep tilled to a depth of at least 12 inches. Soils shall be enhanced through the addition of the following materials: bark and forestry by-products, organic matter such as composted yard waste, organics and other amendments as needed through a soils test.
b.
On project sites where topsoil is limited or nonexistent, a minimum depth of six inches of sandy loam topsoil should be tilled into the soil to a depth of 12 inches through all planting areas.
c.
For all newly planted areas, three cubic yards of composted organic matter per 1,000 square feet of landscape area should be added to a depth of four inches to the top of the soil.
d.
Seeded areas shall be fine graded and rolled.
2.
Mulching of Newly Planted or Replanted Areas.
a.
Mulches must be applied to the following depths: a minimum three inches over bare soil, and two inches where plant materials will cover.
b.
Mulches must include organic materials, such as wood chips and shredded bark.
c.
Nonporous materials, such as plastic sheeting, shall not be used in any area of the landscape because of down-slope erosion and potential soil contamination from herbicide washing.
d.
Mulch should be applied regularly to and maintained in all planting areas to assist soils in retaining moisture, reducing weed growth, and minimizing erosion.
J.
Water Retention, Conservation and Low Impact Design. Refer to subsection (F)(3) of this section for guidance.
1.
Low Impact Planting Design and Technology. The following low impact design standards are provided to assist the applicant in the reduction of maintenance costs associated with development, to enhance the health and vitality of plant material, and to reduce watering costs, thus conserving water resources:
Guideline a. Utilize two-track surfaces with grass or vegetation in between to provide water infiltration for roads, driveways, parking lots and other types of drivable or walkable surfaces.
Guideline b. Design parking lot landscaping to function as part of the development's storm water management system utilizing vegetated islands with bioretention functions.
Guideline c. Incorporate existing natural drainage ways and vegetated channels, rather than the standard concrete curb and gutter configuration to decrease flow velocity and allow for storm water infiltration.
Guideline d. Divert water from downspouts away from driveway surfaces and into bioretention areas or rain gardens to capture, store, and infiltrate storm water on site.
Guideline e. Encourage construction of vegetative low impact design storm water controls (bioretention, swales, filter strips, buffers) on land held in common.
Guideline f. Walkable surfaces and hardscapes should be designed with unit pavers in sand or pervious paving.
2.
Water Retention and Low Impact Design. This method allows use of landscape area to also handle the runoff treatment for the project, if possible.
Guideline g. Create vegetated depressions, commonly known as bioretention areas or rain gardens, that collect runoff and allow for short-term ponding and slow infiltration. Rain gardens consist of relatively small depressed or bowl shaped planting beds that treat runoff from storms of one inch or less. Rain gardens should be used for on-site retention and treatment of runoff instead of or in addition to constructed pipe or vault storage.
Guideline h. Locate dry wells consisting of gravel or stone-filled pits to catch water from roof downspouts or paved areas.
Guideline i – Detention and Infiltration. In parking areas, landscaped islands can be used for first runoff retention, treatment and conveyance to a detention area.
Guideline j. Landscape material should be chosen for bioretention areas for their water tolerance separately from other landscaped areas which will not be inundated on a regular basis.
3.
Water Conservation. To take advantage of natural rainfall in order to reduce the amount of water that is required to maintain healthy plant material during the dry season to increase deep water penetration and soil oxygenation.
Guideline k – Compatible Materials. Trees and plant species should be selected based on having similar climatic, water, soil, and maintenance requirements. Plants should be selected and grouped as determined by natural site conditions and be coordinated with the irrigation plan.
Guideline l – Native Plant Material. Preference shall be given to plants in landscape designs that are native to the Pacific Northwest or are introduced plants that are common to the Pacific Northwest in order to better reflect and complement the natural surroundings and natural pattern of rainfall and drought conditions.
Guideline m – Ornamental Species. Ornamental species shall be drought-tolerant plants and should be incorporated into designs in order to reduce irrigation requirements unless situated in a water retention or low impact landscape area.
K.
Irrigation.
1.
Irrigation to take advantage of natural watering in order to reduce the amount of water that is required to maintain healthy plant material during the dry season.
a.
Trees and plant species should be selected based on having similar climatic, water, soil, and maintenance requirements.
b.
Plants should be selected and grouped as determined by natural site conditions and be coordinated with the irrigation plan.
c.
Artificial irrigation shall be provided to commercial, multifamily and industrial (M-1, MX, B, RM, and PD) required plantings.
L.
Right-of-Way Landscaping.
1.
Planting strips are dictated in the Public Works Guidelines and Development Standards. Whether such strips are required or not, trees and landscaping within the right-of-way to the edge of the right-of-way shall be required.
2.
Maintenance responsibilities are the abutting property owner's unless the city of Milton has taken maintenance responsibility in ordinance or resolution form.
3.
Spacing. Trees shall be planted approximately every 30 feet, with adjustments made for driveways and utilities.
4.
Species and Height. Milton still has areas of overhead wiring. To recognize this fact, two lists of trees have been developed to pick from depending on the existence of the overhead wiring.
5.
Species and Location. Street trees shall be planted according to the following chart. Areas not listed do not require trees to be planted.
6.
Root Control. A root barrier shall be installed to prevent roots from damaging pavement. The root control barrier should be constructed of galvanized metal or plastic sheets and should be placed a minimum of two feet below the finished grade. The applicant may choose to use a method of root control besides galvanized metal or plastic sheets, provided they can prove the proposed product is similar in quality, strength, and ability to block roots as galvanized metal or plastic sheets.
7.
Residential subdivisions, multifamily development, commercial, industrial or institutional developments shall require street frontage landscaping including requirements for street trees.
Table 17.44.110.M Street Trees | ||||
|---|---|---|---|---|
On Street | Between | Without O/H Wires | With O/H Wires | |
SR 99 (Pacific Hwy) | W City Limits | N City Limits | Red Maple | Amur Maple |
5th Ave | Porter Way | N City Limits | Northern Red Oak | Hedge Maple |
10th Ave | Milton Way | Diamond St | Eastern Redbud | Eastern Redbud 'Mexicana' |
11th Ave | Milton Way | Diamond St | Katsura Tree | Japanese Maple |
11th Ave | Taylor St | Milton Way | Amur Chokecherry | Amur Chokecherry |
15th Ave | Yuma St | Alder St | Raywood Ash | Raywood Ash |
19th Ave | Milton Way | Alder St | Red Maple (smaller variety) | Rocky Mtn. Sugar Maple |
23rd Ave | Taylor St | Alder St | Village Green Zelkova | Birch Bark Cherry |
27th Ave | Milton Way | Alder St | Pyramidal European Hornbeam | American Hornbeam |
28th Ave | Milton Way | Alder St | Japanese Tree Lilac | Purple Leaf Plum |
28th Ave | Alder St | Enchanted Parkway | Little Leaf Linden | Globe Locust |
Alder St | 15th Ave | 28th Ave | Little Leaf Linden | Globe Locust |
Diamond St | 23rd Ave | 27th Ave | Village Green Zelkova | Birch Bark Cherry |
Enchanted Parkway | Military Road | N City Limits | Big Leaf Linden | Pacific Sunset Maple |
Emerald St | 19th Ave | 23rd Ave | Village Green Zelkova | Birch Bark Cherry |
Emerald St | 10th Ave | 19th Ave | Eastern Redbud | Eastern Redbud 'Mexicana' |
Fife Way | Milton Way | Porter Way | Northern Red Oak | Hedge Maple |
Juniper St | 11th Ave | Milton Way | Japanese Zelkova | Globe Norway Maple |
Meridian (SR 161) | Taylor St | Military Road | Big Leaf Linden | Pacific Sunset Maple |
Military Road | Enchanted Parkway | N City Limits | Big Leaf Linden | Pacific Sunset Maple |
Milton Way | Yuma St | Meridian (SR 161) | Japanese Zelkova | Globe Norway Maple |
Oak St | Milton Way | 15th Ave | Amur Chokecherry | Amur Chokecherry |
Porter Way | Pacific Hwy (SR 99) | Taylor St | Northern Red Oak | Hedge Maple |
Taylor St | Porter Way | Meridian (SR 161) | Northern Red Oak | Hedge Maple |
Yuma St | W City Limits | E City Limits | Japanese Zelkova | Globe Norway Maple |
N.
Deviation from Standard.
1.
A deviation from standard may be employed to vary the dimensions of the landscape buffers, materials, or standards. The director of planning and community development shall make the decision on a deviation from standard as a Process Type II decision (Chapter 17.71 MMC) or as a combined decision. No separate application is required.
2.
Purposes – Visibility, Obstructions, Planting Reductions.
a.
Driveways and Street Corners. It is the purpose of this section to allow unobstructed views into and out of driveways and also maintain visibility on an unobstructed triangle per MMC § 17.44.060.
b.
Signs. Building-mounted signs should be visible through landscaping.
c.
Planting Reductions. Reductions in the number of required trees may be allowed provided there is a corresponding increase, by area, in the amount of shrubs for the above purposes.
d.
Other Purposes. Reductions in the width of landscape buffers may be reduced, and other sections of this landscape section may be varied by this procedure.
3.
Criteria for Approval.
a.
Must be demonstrably superior in terms of plant density, size, or dimensions.
b.
Complies with the purpose of this chapter.
c.
Be superior in design, for example:
i.
May substitute fastigiated (columnar) material for other material types, but must intensify the planting to close the screening.
ii.
May substitute a vegetative hedge for screening in a narrow dimension, but not just a fence.
iii.
Large nursery stock and specimen plantings may be substituted for increased density of planting when reducing dimension.
iv.
Any other proposal that is demonstrated to be superior through a written comparison of the basic purpose of this code with the purpose of the proposed design.
d.
If the criteria above cannot be met, the director of planning and community development may also grant a deviation to the extent necessary to ensure the reasonable use of property as required by constitutional due process and takings law. Any such deviation shall be the minimum necessary to provide for reasonable use of the property and the director is authorized to condition the project as reasonably necessary to mitigate the impacts of the deviation.
(Ord. 1809 § 2, 2013; Ord. 1912 § 1, 2017)
§ 17.44.120 Siting of essential public facilities.
A.
The purpose of this section is to establish and describe the city's process for identifying and siting essential public facilities. Essential public facilities include but are not limited to those facilities that are difficult to site, such as airports, state educational facilities, state and regional transportation facilities, state and local correctional facilities, solid waste handling facilities and in-patient facilities (including substance abuse, mental health and group home facilities). The Growth Management Act mandates that no local development regulation may preclude the siting of essential public facilities.
B.
Identification. The city recognizes the list of essential state public facilities, which is maintained and updated by the State Office of Financial Management. The director is authorized to determine if any additional proposed use within the city is an essential public facility.
C.
Siting. If an essential public facility is listed as either a permitted or conditional use within a zoning district, the use is restricted to those zoning districts. If an essential public facility is not expressly listed as either a permitted, conditional use, or special use within a zoning district, then the use shall be restricted to the business and light manufacturing zoning districts. Essential public facilities that are not expressly listed within a zoning district are subject to a special use permit. All essential public facilities requiring a special use permit shall be subject to the additional requirements below:
1.
The federal, state, regional or local agency (applicant) shall provide a justifiable need for the public facility and for its location within Milton.
2.
The applicant shall provide a site selection analysis consisting of at least three proposed sites, one of which must be located outside of the Milton city limits. The applicant shall identify the reasons for the proposed site being more desirable than the other two identified sites.
3.
Based on the potential impact to the health, safety, morals and general welfare of the residents of Milton, the hearing examiner may require a proposed facility to be located a sufficient distance from any residential district, residential use, park, children's school or day-care facility to mitigate the impact.
4.
The applicant shall provide a list and description of other similar facilities within Pierce County. At a minimum, each such description shall include the address, contact person, telephone number, size, scope and resident population (if any) of the other similar facilities. The hearing examiner may consider the fair distribution of similar essential public capital facilities within Pierce County. Fair distribution shall be based on a per capita analysis of Pierce County jurisdictions. If Milton is presently exceeding its fair share of such a facility, the hearing examiner may deny the request if the rationale for selecting Milton over another location is not a compelling one.
(Ord. 2105 § 2 (Exh. A), 2025)
§ 17.44.130 Emergency housing and emergency shelter criteria.
Emergency housing and emergency shelter facilities shall meet the following criteria:
A.
On-site services such as laundry, hygiene, meals, case management, social programs, and other services are limited to the occupants of the facility and must be contained within the building, including waiting areas.
B.
Facilities shall provide information to occupants related to transit, pedestrian, and bicycle access from the site to services.
C.
The maximum number of occupants in a facility is limited to the general capacity of the building.
D.
On-site supervision must be provided when occupied. Facility entrances must be secure and staffed.
E.
The facility must be ADA compliant if it is a permanent building.
F.
The facility shall not be located within 880 feet of an elementary or secondary school, calculated as a radius from the property lines of the site.
G.
Providers and/or managing agencies shall have demonstrated experience providing similar services to people experiencing homelessness, certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness.
H.
Facilities shall provide information on resources and local services to occupants, such as permanent housing agencies, employment, education, and substance abuse assistance.
I.
Facilities must be registered with the local homeless management information system and notify the city prior to operation.
J.
No children under the age of 18 are allowed to stay overnight, unless accompanied by a parent or guardian, or unless the facility is licensed to provide services to this population. If a child under the age of 18 without a parent or legal guardian present attempts to stay in a facility not specifically licensed for providing housing to youth, the sponsor and/or managing agency shall immediately contact Child Protective Services and actively endeavor to find alternative housing for the child.
K.
No person under court supervision or under level 2 or 3 sex offender registration requirements can receive services from a provider, unless providing such services is consistent with the laws, regulations, and/or supervisory requirements related to such persons.
L.
Setbacks from property lines adjacent to a NR1, NR2, URM, or TCMX district shall be a minimum of 15 feet for side yards and a minimum 25 feet for rear yards.
N.
If provided, exterior lighting must be directed downward, and glare must be contained within the facility site.
P.
Trash receptacles must be provided in multiple locations throughout the facility and site. Facilities shall ensure that staff or residents regularly inspect the site to ensure the immediate vicinity is free from all trash and pet waste.
Q.
Facilities must secure and maintain all licenses and/or approvals as required by state and local law.
R.
Facilities must comply with all applicable health, fire, building, and safety requirements.
S.
Facilities must obtain a city and state business license prior to operation.
(Ord. 2056 § 6, 2022; Ord. 2105 § 2 (Exh. A), 2025)
§ 17.44.140 Permanent supportive housing and transitional housing criteria.
Permanent supportive housing and transitional housing facilities are allowed subject to the following criteria based on the housing type:
A.
Type I. A single-family dwelling unit providing for one family, a two-family dwelling unit (as defined in MMC § 17.08.280) providing for two families, or a dwelling unit leased from a multifamily building or facility not specifically designated as a permanent supportive housing or transitional housing facility shall adhere to all applicable health, fire, building and safety requirements. The unit shall be registered with the local housing management information system.
B.
Type II. A single dwelling unit, housing up to eight residents, shall be allowed subject to the following criteria:
1.
The facility shall be registered with the local housing management information system and notify the city prior to operation.
2.
Direct intake of residents at the site, without prior referral, is not allowed.
3.
The facility shall adhere to all applicable health, fire, building and safety requirements.
4.
The facility must provide emergency contact information to the city prior to operation.
5.
The facility shall provide a parking plan demonstrating the facility has adequate parking to meet the expected demand from residents, staff, service providers and visitors.
6.
The facility must be ADA compliant.
7.
On-site services such as laundry, hygiene, meals, case management, social programs and other services are limited to the residents of the facility and shall be contained within the building.
8.
Persons under court supervision or under level 2 or 3 sex offender registration requirements are prohibited, unless consistent with the laws, regulations, and/or supervisory requirements related to such persons.
C.
Type III. A single dwelling unit housing over eight residents and facilities containing multiple dwelling units housing no more than two residents each shall be allowed subject to the criteria listed in subsection B of this section and the following criteria:
1.
Facilities containing more than the maximum dwelling units per lot allowed in Chapter 17.15A MMC, Table of Land Development Dimensional Regulations, are not allowed in the neighborhood residential 1 (NR1) district.
2.
Facilities must provide on-site supervision at all times, unless it can be demonstrated through the operations plan that this level of supervision is not warranted for the population being housed.
3.
Facilities will be subject to minor site plan approval or major site plan approval depending on size as outlined in MMC § 17.62.020.
5.
Facilities must secure and maintain all licenses and/or approvals as required by state and local law.
6.
Facilities must obtain a city and state business license prior to operation.
(Ord. 2056 § 7, 2022; Ord. 2105 § 2 (Exh. A), 2025)
§ 17.44.150 Memorandum of agreement for emergency housing, emergency shelter, permanent supportive housing or transitional housing.
If required by MMC § 17.44.130 or 17.44.140, the city and facility operator shall develop and execute a memorandum of agreement ("MOA") prior to the start of operation. The MOA shall be approved by the city and provided to the city for review if substantive changes are made. The MOA shall contain the following, as applicable:
A.
A written operational plan shall include the following, as applicable:
1.
Name and contact information for key staff;
2.
Roles and responsibilities of key staff;
3.
An approved parking plan that demonstrates adequate parking is provided to meet the expected demand from residents, staff, service providers, and visitors. Residents may not park off site and all vehicles must be operational;
4.
Site/facility management plan, including a security and emergency plan;
5.
Site/facility maintenance plan, including smoking areas, litter, pet waste cleanup, and landscaping;
6.
Procedures for occupants to access human and social services;
7.
Additional information as requested by the city to ensure current best practices are implemented for emergency housing, emergency shelter, transitional housing, or permanent supportive housing.
B.
Occupancy policies, consistent with Chapter 59.18 RCW, establishing a set of standards and expectations for all occupants and/or residents, which shall be made available on site and shall include, at a minimum, the following:
C.
A coordination plan with both the police and fire departments, including protocols for response to the facility and to facility residents throughout the city and a maximum number of responses threshold for law enforcement services. If calls for law enforcement services exceed the agreed upon threshold in any given quarter, the facility operator will work with the city to reduce calls below the threshold level. The sponsor and/or managing agency shall designate points of contact and provide contact information (24-hour accessible phone contact) to the patrol operations commander for the Milton police department. The names of the on-duty points of contact must be posted on site daily.
(Ord. 2056 § 8, 2022; Ord. 2105 § 2 (Exh. A), 2025)
§ 17.44.160 Accessory dwelling units (ADUs).
A.
Purpose. The purpose of this section is to provide standards to:
1.
Increase housing affordability and availability for both homeowners and tenants.
2.
Enable homeowners to provide a separate living space for aging parents, individuals with disabilities, or family members that may need assistance.
3.
Provide homeowners with a means of obtaining rental income, companionship, security, services, and the ability to age in place.
4.
Protect neighborhood stability, and the residential appearance of the property and neighborhood.
B.
Accessory Dwelling Unit Types Defined. The following definitions apply to the ADU types allowed through the provisions in this section:
1. "Attached"
means an addition to an existing or new principal dwelling unit that has at least one shared wall. Structures connected by breezeways will be considered detached.
2. "Detached"
means a stand-alone accessory structure.
3. "Internal"
means a converted portion of an existing principal dwelling unit into an ADU, often one level of a multi-level structure.
 |
C.
Submittal Requirements. Any property owner seeking to construct an ADU, or convert a structure/space into an ADU, shall first submit a building permit with a notarized copy of the required affidavit and/or other agreement forms required by the community development director. In the affidavit and/or agreement, the property owner must indicate the presence of the ADU on the lot and agree to maintain the ADU and lot consistent with all standards established in this section. The building permit application and required plans must demonstrate that all applicable size thresholds and design standards will be met.
D.
Approval. ADUs are a Process Type I application and are administrative decisions. Prior to issuance of the certificate of occupancy, the applicant must show proof that the required affidavit and/or other agreement forms have been recorded with the county as a deed restriction.
E.
Use and Occupancy Standards. All lots containing an ADU shall comply with the following standards:
1.
Two ADUs shall be allowed per legal building lot as an accessory use to a detached single-family dwelling or one ADU to a duplex.
2.
An ADU may be developed as an accessory use to an existing or a new principal dwelling unit.
3.
A home occupation that does not regularly receive customers is allowed in any unit; a home occupation that does receive customers may be permitted in one of the units.
F.
Design Standards and Criteria. An ADU shall meet the following standards and criteria:
1.
An ADU shall have a minimum of 300 square feet of habitable floor area.
2.
An ADU shall not exceed 1,000 square feet in gross floor area; except for if the proposed ADU is completely located on a single floor of an existing multi-story building, the community development director may allow an increased size in order to efficiently use all floor area.
3.
An ADU shall have a maximum of two bedrooms.
4.
A detached ADU shall have a maximum building height of 24 feet; except that an ADU may be created as a second story over a detached garage if the structure does not exceed the height of the principal dwelling unit.
5.
Accessory structures constructed prior to January 1, 2025, may be converted to an ADU even if they do not meet current setback and lot coverage regulations.
6.
The design and size of the ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes.
7.
As feasible, an ADU shall be designed to maintain the architectural design, style, appearance and character of the principal dwelling unit, including the facade, roof pitch, siding, windows, and other exterior design elements and finish materials.
8.
One additional off-street parking space is required for each ADU bedroom. Off-street parking is not required if within one-half mile of stops for a bus or other transit mode providing actual fixed route service at intervals of at least 15 minutes for at least five hours during the peak hours of operation on weekdays.
9.
In order to encourage the development of housing units for people with disabilities, the community development director may allow reasonable deviation from the requirements of this section when necessary to install features that facilitate accessibility. These facilities shall conform to Washington State regulations for barrier-free facilities.
10.
Unless required by a utility provider, utilities for the accessory dwelling unit shall be metered jointly with the principal dwelling unit.
11.
Conversion of an existing detached accessory structure to an ADU shall comply with all the criteria and standards of this section.
G.
Legalization of Nonconforming ADUs.
1.
ADUs that were legally permitted prior to the enactment and become nonconforming as a result of the application of this code shall be deemed "legally nonconforming" and are subject to Chapter 17.52 MMC.
2.
ADUs constructed without a valid permit prior to the enactment of these requirements may be found to be legal if the property owner applies for an ADU permit within one year of enactment of this code and brings the ADU up to minimum building code standards. No penalty fees or fines will be assessed by the city for legalization submittals made prior to this date and that file the required deed restrictions.
H.
Cancellation. Cancellation of the ADU approval may be accomplished by conversion of the ADU to a permitted use and the owner recording a document with the county removing the ADU deed restriction as described in this code. The cancellation document will confirm that the property has reverted to use as a single dwelling unit and that the former ADU shall not be used as a separate dwelling unit. The property owner shall provide proof of the cancellation to the community development director. Cancellation may also occur as a result of enforcement action.
I.
Impact Fees. For the purpose of calculating school, traffic and park impact fees, an accessory dwelling unit shall be charged at 50 percent of the single-family rate per the adopted fee schedule. Impact fees shall be paid prior to the issuance of a building permit, unless deferred as allowed by code.
(Ord. 2063 § 9, 2023; Ord. 2105 § 2 (Exh. A), 2025)
§ 17.44.200 Animal shelters, kennels, and pet shops
A.
Chapter 6.04 of the Sumner Municipal Code ("SMC"), including all future amendments, additions, and deletions, related to animal shelters, kennels, pet shops, and grooming parlors is adopted by reference subject to the following modifications:
1.
"City" as defined by SMC 6.04.020(G) is replaced with the following definition: "The city of Milton, Washington."
2.
"Director" as defined by SMC 6.04.020(H) is replaced with the following definition: "land use administrator."
3.
All references to the "city of Sumner" or "Sumner" are replaced with the "city of Milton."
4.
All references to "SMC" that cite to SMC Title 6 provisions are replaced with "MMC" (for Milton Municipal Code).
5.
Animal waste is considered solid waste and may not be disposed of in a septic or sewer system.
(Ord. 2105 § 2 (Exh. A), 2025)