Sultan City Zoning Code
Division IV
Performance Standards
§ 16.30.010 Administration.
The performance standards contained in this division are adopted to set reasonable criteria for development to achieve the goals and objectives of the Sultan comprehensive plan. These standards must be administered by the responsible governmental agency or department of the city.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.30.020 Purpose.
The purpose of the performance standards in this division is to describe those supplemental regulations which apply to specified land uses, over and above the dimension and density requirements imposed by Chapter 16.12 SMC. These performance standards regulate those land uses having characteristics that may, without the additional regulations, have adverse impacts on other permitted uses in a zoning district.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.38.010 Purpose.
It is the intent in this chapter to allow for and to regulate the establishment of a home occupation located in a residential zone. It is also the intent in this section to regulate the operation of a home occupation so that adverse impacts resulting from the home occupation activities will be made less obtrusive on neighboring residential permitted uses.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.38.020 Standards.
A home occupation is allowable as an accessory use in a principal dwelling unit or accessory building in any residential zone. All provisions of the zoning code pertaining to residential uses shall be met. In addition, all of the following standards shall apply:
A.
Outdoor display or storage of materials, goods, supplies, or equipment related to home occupation shall be prohibited.
B.
There shall be no changes to the exterior of the principal building or accessory building nor any visible evidence that the principal building or accessory building also contains a home occupation.
C.
A home occupation shall not generate nuisances such as on-street parking, noise, electrical interference, or hazards.
D.
There shall be no persons outside of the immediate household residing in the subject dwelling unit employed in the home occupation.
E.
No more than one client of the home occupation business may visit the dwelling unit at any given time, and an off-street parking space must be provided for that client.
F.
The maximum area devoted to a home occupation shall be no greater than 25% of the gross floor area of the principal dwelling unit.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.38.030 Prohibited activities.
Because the following activities have a pronounced tendency to expand beyond the limits permitted for home occupations, negatively impact residential neighborhoods, and create a nuisance, the following activities are prohibited:
A.
The retail sale of goods and products not produced or fabricated on the premises of the dwelling unit; and
B.
The outdoor storage of building or construction materials, tractor trailers, semi-trucks, heavy equipment, vehicles, recreational vehicles (RVs), or boats associated with a home occupation.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.38.040 Preexisting home occupations.
A home occupation that lawfully existed prior to the effective date of this chapter shall be allowed to continue in accordance with Chapter 16.26 SMC.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.38.050 Violations.
Violations of this chapter shall be enforced in accordance with Chapter 1.10 SMC; provided that as an additional remedy to the enforcement provisions contained in Chapter 1.10 SMC, a home occupation business license may be revoked in response to a violation of this chapter.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.42.010 Purpose.
It is the purpose of this chapter to allow for and to regulate the use of manufactured housing in the City of Sultan. Manufactured housing is important in the provision of low-cost and moderate-cost housing. Therefore, standards in this chapter are provided both to recognize the valid place of manufactured housing and to set forth necessary criteria on location and use of such housing.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.42.020 Classifications of manufactured housing.
Manufactured homes as defined in SMC § 16.04.130.2, and manufactured housing constructed prior to June 15, 1976, which has been HUD-certified and found by inspection of the city to be safe and fit for residential occupancy, are classified as single-family dwellings and permitted in all zoning districts in which single-family dwellings are permitted.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.42.030 Standards for manufactured housing.
Manufactured housing classified as single-family dwellings pursuant to SMC § 16.42.020 is subject to the city building codes and all zoning regulations that apply to residential land uses, including the subdivision regulations contained in SMC Title 19.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.46.010 Application.
This chapter contains performance standards that apply to nonresidential uses. Nonresidential land uses regulated in this chapter include commercial, tourism, office, light and heavy industry, and certain public/semi-public uses. These standards regulate building development and are applied over and above those standards imposed by other sections of the zoning code. These supplemental standards are necessary for those land uses having characteristics that may have negative impacts without the additional regulations.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 3 (Exh. C); Ord. 1418-25, 7/24/2025)
§ 16.46.020 Categories of uses.
The following categories of land use shall be subject to the standards contained in this chapter:
A.
Public/semi-public: institutional and public services facilities.
B.
Offices.
C.
Commercial establishments: general commercial enterprises, commercial recreational facilities, automobile-oriented commercial enterprises (gas stations, auto repair shops, tire shops, etc.), home building supply stores, plant and landscape nurseries, and shopping centers.
D.
Industrial facilities: manufacturing, wholesaling, warehousing, distribution, and other industrial facilities.
E.
Tourist facilities: hotels, motels, lodging houses, recreation facilities, and entertainment facilities.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 3 (Exh. C); Ord. 1418-25, 7/24/2025)
§ 16.46.030 Performance standards.
The development of a nonresidential use shall be allowed only in full compliance with the standards of this and other relevant sections of the zoning code.
A.
Subdivision of Land. Any land proposed to be subdivided for the purposes of nonresidential activity shall adhere to all of the requirements for the subdividing of land in the city contained in SMC Title 19 and the Public Works Engineering, Design and Development Standards.
B.
Building Placement.
1.
There is no minimum required distance between adjacent buildings on the same lot; provided that when a building exceeds two stories in height, the minimum distance from an adjacent building or property line shall be increased by two feet for each story above two.
2.
Certain nonresidential development in the UC Zoning District may build up to the right-of-way line of the abutting roadway. These are enumerated in the table of dimension and density requirements for the UC Zoning District contained within the zoning code. However, buildings, signs, or other structures shall not be placed in the sight clearance triangle specified in the landscape performance standards in SMC § 16.58.230.
3.
Access driveways to any commercial development on an individual parcel in the HOC Zoning District shall meet the Public Works Engineering, Design and Development Standards.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 3 (Exh. C); Ord. 1418-25, 7/24/2025)
§ 16.46.040 Supplemental standards for drive-through facilities.
A.
Purpose. Supplemental standards are provided for uses with drive-through facilities to ensure protection from potential traffic hazards. These standards are to be applied in addition to all other applicable standards of the zoning code.
B.
Standards.
1.
Driveways proposed to service commercial development shall meet the Public Works Engineering, Design and Development Standards. Where driveways are each one-way and each no more than 12 feet wide, the two driveways shall be counted as a single unit. When, because of existing development, it is mathematically impossible to achieve this requirement for a proposed commercial project, the applicant shall attempt to secure an access easement from an adjoining commercial development. If this is impossible to secure (as evidenced by a written denial by both adjoining property owners of the request), the development director may permit a waiver of this requirement. However, in doing so, any new access driveway shall be located as far as possible from all existing access drives.
2.
Approach lanes for the drive-through facilities shall have the following minimum widths: one lane - 12 feet; two or more lanes - 10 feet per lane.
3.
Minimum linear distance for queue of automobiles in the drive-through window lanes (measured from the commercial window at the building location):
4.
The minimum distance from the proposed drive-through facility to the right-of-way shall be 65 feet, where no turns are required. This distance shall be measured from the drive-through station farthest from the main building. Where turns are required in the exit lane, the minimum distance from any drive-through window to the beginning point of the turn shall be 34 feet. The minimum turning radius shall be 17 feet.
5.
The minimum distance from a drive-through facility to any residential building shall be 25 feet. This distance shall be measured at the narrowest point between the main building, an off-street parking area, or vehicle lanes, whichever is closer.
6.
Alleys or driveways in residential areas adjacent to drive-through facilities shall not be used for circulation of customer traffic.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 3 (Exh. C); Ord. 1418-25, 7/24/2025)
§ 16.46.050 Supplemental standards for mixed-use development.
A.
When a parcel of land is proposed to accommodate a building that contains two or more uses in the UC or HOC Zoning District it shall not be necessary for the minimum land area requirements for each use to be met.
B.
However, where a building containing two or more uses is proposed to be built, the following conditions must be met:
1.
Every use or activity proposed to be included must be a permitted use in the zoning district where the building is proposed to be built;
2.
The minimum lot area, dimensional and density requirements (setbacks, lot coverage, etc.) for the most restrictive use proposed in the building must be met;
3.
To compute the number of off-street parking spaces required for such a development, it will be necessary to calculate the requirements for each use and total them (unless it is demonstrated that certain proposed future uses shall not utilize the parking area at the same times, i.e., schools and churches); and
4.
If off-street loading and unloading space(s) is required for any use, it must be provided.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 3 (Exh. C); Ord. 1418-25, 7/24/2025)
§ 16.46.060 Supplemental standards for recreational vehicle parks.
A.
The maximum permitted gross density for any recreational vehicle park shall be 20 units per acre.
B.
Space allocations for recreational vehicles shall be on a basis of 1,000 square feet per vehicle, the minimum dimensions of which shall be 32 feet wide by 30 feet long.
C.
The space shall abut on a driveway not less than 20 feet in width, which shall have unobstructed access to a public street or highway.
D.
Recreation vehicles shall be parked on each space so that there will be at least 12 feet of clearance between RVs, six feet between RVs and any adjoining property lines, and 12 feet between RVs and any building or structure.
E.
Each recreation vehicle strip shall include a strip of ground 10 feet wide along one side for automobile parking purposes.
F.
All internal recreation vehicle park roads shall be of impervious surfaces.
G.
No less than 5% of the total site shall be defined recreational space. Said space shall be readily accessible to all patrons and shall be maintained in such a manner as to present a neat and clean appearance.
H.
Rental of any recreational vehicle space shall be for a period consistent with Washington State law.
I.
Every recreational vehicle space shall meet health department minimum requirements with regard to provisions for potable water and sanitary sewage facilities.
J.
Any recreational vehicle park may provide an office, convenience commercial store, restroom and laundry facilities, and on-site residence for the manager of the operation. However, in no case shall the land area for these facilities exceed a total of 15,000 square feet.
L.
Recreational vehicle spaces shall be charged a rate up to but not exceeding 0.25 equivalent residential units (ERUs) for utilities.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 3 (Exh. C); Ord. 1418-25, 7/24/2025)
§ 16.46.070 Supplemental standards for mobile home (including tiny home) parks.
A mobile home park (tiny homes) is a permitted use in all residential and highway-oriented commercial (HOC) zones and shall be allowed where all applicable standards below and other requirements of the zoning code are met. Mobile homes (tiny homes) are allowed only in established parks and the following steps shall be taken:
A.
An application for approval to locate or relocate a mobile home/tiny home shall be obtained from the City of Sultan.
B.
Upon inspection by the city's building inspector, the mobile home/tiny home must be found to be in excellent or good condition prior to the move. Criteria for determining condition shall be the same as those applied to housing inspections for health and safety. After moving or relocation of the mobile home/tiny home, a second inspection shall be required to verify that the mobile home/tiny home remains in no less than good condition. An occupancy permit shall not be issued until such conditions are met.
C.
In addition, the following site design standards for mobile parks shall apply:
1.
The minimum land area shall be 1/2 acre.
2.
Every mobile home/tiny home shall be located at least eight feet from any internal abutting street.
3.
The minimum distance between a mobile home/tiny home (including allowable accessory buildings) and an adjacent mobile home/tiny home (including accessory buildings) shall be 15 feet. This distance shall be measured at the narrowest space between structures, whether they be the living units or accessory buildings (e.g., carport, storage building).
4.
Provisions for utilities, public streets and access, private roads/driveways, and sidewalks/walkways shall be required in the design and development of a mobile home/tiny home park.
D.
Applications for mobile home/tiny home parks are reviewed and approved or denied following the procedures for binding site plans in SMC §§ 19.18 and 19.20.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 3 (Exh. C); Ord. 1418-25, 7/24/2025)
§ 16.50.010 Purpose and intent.
§ 16.50.020 Definitions.
The definitions contained in WAC 314-55-010 and RCW 69.50.101, as currently enacted or as subsequently amended, are hereby adopted by reference, and shall apply to the provisions of this chapter.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.50.030 Marijuana retailers prohibited.
Marijuana retailers, as defined in RCW 69.50.101(aa), are prohibited. Marijuana retailers shall not be located in any zone or on any property in the city of Sultan.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.50.040 Marijuana producers and/or processors permitted – Restrictions.
Marijuana producers, as defined in RCW 69.50.101(y), and marijuana processors, as defined in RCW 69.50.101(x), are permitted within the city of Sultan subject to the location restrictions and other specific regulations of this chapter.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.50.050 Locations.
A.
A marijuana business shall not be located within 1,000 feet of the perimeter of the grounds of any of the following entities:
D.
Marijuana businesses are not permitted as a home occupation under Chapter 16.38 SMC and shall not operate at a residence as defined in this chapter.
E.
The owner and/or operator of a marijuana business is responsible for documentation that the proposed location meets the requirements of WAC 314-55-050 and this section.
F.
Any site, building, or location upon which a marijuana business has been located without completing all of the requirements of this code is not authorized or legal. No claim of validity as a nonconforming use or other claim of vested property right for such use will be honored.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.50.060 Specific regulations.
B.
Marijuana businesses are subject to the signage requirements of WAC 314-55-155 and Chapter 22.06 SMC, whichever is more restrictive. No off-premises signage is allowed.
C.
Marijuana business operations must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors.
D.
Marijuana plants, products, and paraphernalia shall not be visible from outside the building in which the marijuana business is located.
E.
Marijuana producers and processors shall not allow odors to migrate beyond the interior of the structure where said production and/or processing is conducted.
H.
Nothing in this code is intended or should be considered as a limitation on the city from protesting the granting or renewal of a state-issued marijuana license.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.50.070 No city liability – Indemnification.
A.
By accepting a permit issued pursuant to this chapter, the licensee waives and releases the city, its officers, elected officials, employees, volunteers and agents from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers for a violation of federal, state or local laws and regulations.
B.
By accepting a permit issued pursuant to this chapter, all licensees, jointly and severally, if more than one, agree to indemnify, defend and hold harmless the city, its officers, elected officials, employees, volunteers and agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the recreational marijuana business that is the subject of the license.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.50.080 Enforcement of violations.
Violations of this chapter shall be subject to enforcement action as provided in Chapters 1.10 and 8.04 SMC, or, as applicable, the Uniform Controlled Substances Act (Chapter 69.50 RCW) and the Cannabis Patient Protection Act and Chapter 69.51A RCW. In addition, violations of this chapter are deemed to be a public nuisance and may be abated under the procedures set forth in state law for the abatement of public nuisances.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.54.010 Purpose and intent.
Off-street parking areas are required for all new uses of land so that all uses will have adequate parking for the occupants, employees, visitors, customers, and/or patrons and they will not have to rely on the public rights-of-way for this function.
Off-street loading areas are required for all uses (except residential) to provide adequate space off of city rights-of-way for the temporary parking of motor vehicles (primarily trucks) while loading or unloading.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.54.020 General requirements.
No building or structure in any district shall be erected or enlarged, nor shall any building, structure or land be used, designed or arranged for any purpose without provisions for such off-street parking and/or loading facilities as required by this code, nor shall any off-street parking or loading area, whether required by this code or voluntarily provided, be developed other than in the manner set forth herein. Seasonal parking facilities are exempt from the requirements of this chapter and need not be developed in the manner set forth herein.
For the purpose of these standards, 144 square feet of area shall be deemed a parking space for one vehicle. The minimum dimensions for each parking space shall be eight feet wide by 18 feet long. The maximum permitted dimensions for each parking space (except for designated handicapped spaces) shall be 10 feet wide by 20 feet long. On corner or through lots, (A) parking space may not be included within the area of any of required yards lying adjacent to either street, and (B) in no case shall any required off-street parking space be allowed to back out directly onto any arterial right-of-way (a residential garage or carport space shall be considered an off-street parking space).
The access aisles within any off-street parking area shall be a maximum of 24 feet wide. The primary internal circulation system of an off-street parking lot, where no parking spaces are provided directly off this internal roadway, shall have a maximum width of 30 feet.
All nonresidential parking spaces and access driveways shall be paved or otherwise surfaced with an all-weather surface, and shall be graded and drained so as to dispose of surface water that might accumulate within or upon such area. No surface water from any parking area shall be permitted to drain onto adjoining property.
All residential parking spaces and access drives, including residential portions of mixed-use development, may be surfaced with grass block pavers, grasscrete, or turf stone as an alternative to full concrete or asphalt paving, as required by RCW 36.70A.622.
Required loading spaces shall not be construed as supplying off-street parking space. In case of a use not specifically mentioned, the requirements for off-street parking facilities for a use that is mentioned, and to which said unmentioned use is similar, shall apply (this determination shall be made by the community development director).
(Ord. 1244-16 § 3 (Exh. A); Ord. 1414-24 § 1 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.54.030 Timing of the provision of required off-street parking and off-street loading spaces.
Off-street parking and loading spaces shall be provided at the time any use of land is established; or at the time that an occupancy permit is requested at the completion of construction of any building or structure; or at the time any building, structure, or land is altered or enlarged in any manner to increase the amount of off-street parking or loading spaces as required by this code. However, when the use of any building or land existing at the time of adoption of this code is changed to a use in which the parking requirements are calculated differently from the method of calculation for the former use, only such additional parking as may result by reason of the different calculation need be provided for the changed use.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.54.040 Requirement to retain off-street parking and loading space.
The requirements for off-street parking and loading shall be a continuing obligation of the owner or his assignee of the real estate on which any use is located as long as the use continues, and is a use that requires off-street parking or loading. It shall be unlawful for an owner of any building or land use activity affected by the off-street parking and loading requirements to discontinue, change, reduce or dispense with, or cause the discontinuance, change, or reduction of the required off-street parking or loading space. It shall be unlawful for any individual, firm, or corporation to use such building or land without acquiring such area as is required and permitted to fulfill the off-street parking and loading requirements. Whenever off-street parking is required and cannot be provided on the same lot as the principal building, and is located on another parcel or property provided for and utilized for off-street parking, said parcel of property shall be owned by the owner of the principal building or, in the alternative, shall be restricted by a recorded agreement to off-street parking purposes during, or as long as off-street parking is required for such principal building, in accordance with the terms of this code.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.54.050 Permitted reductions in off-street parking requirements.
Off-street parking space required under these standards may be reduced at the time the capacity or use of a building is changed in such a manner that the new use or capacity would require less space than before the change. Such reduction may not be below the requirements set forth in these standards.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.54.060 Location of off-street parking and loading areas.
The required off-street parking and loading areas shall be located on the same lot or parcel of land they are intended to serve. However, if the required off-street parking spaces cannot be provided, in whole or in part, on the same lot on which the principal building is located, such required off-street parking may be located on another lot or parcel of land within 1,000 feet of the premises to be served, provided:
A.
The owner of such parking area enters into a written agreement with the City of Sultan providing that the land comprising the parking area shall never be disposed of, nor the use changed, except in conjunction with the sale of the building that the parking area serves, so long as the facility is required; and
B.
The owner agrees to bear the expense of recording the agreement and agrees that said agreement shall bind his heirs, successors, and assigns.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.54.070 Limitations on vehicular storage.
Except as otherwise provided in this chapter, off-street parking spaces required herein may be occupied by the occupants, employees, or patrons of the property or by visitors, or by delivery vehicles incidental to the principal use, but not by vehicles being repaired, stored or displayed for sale or hire.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.54.080 Determination of seating capacity at places of assembly.
In stadiums, sport arenas, houses of worship and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 20 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.54.090 Collective off-street parking provisions.
Nothing in these standards shall be construed to prevent the collective provision of off-street parking facilities for two or more structures or uses; provided that the total of such off-street parking spaces supplied collectively shall not be less than the sum of the requirements for the various uses computed separately; provided also that the requirements set forth hereinbefore as to maximum distances between parking facilities and principal structures or uses served shall apply to each structure or use participating in the collective provisions for parking.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.54.100 Joint-use parking requirements.
A.
Places of Public Assembly. Parking spaces already provided to meet off-street parking requirements of stores, office buildings, schools, and industrial establishments, situated on the same site as places of public assembly, and that are not normally in use between the hours of 6:00 p.m. and midnight and are made available for other parking, may be used to meet not more than 50% of the total requirements of parking spaces. Written agreement is required for such joint-use parking arrangements between the officials of the place of public assembly and the owner or manager of the other development and parking area on the site.
B.
Mixed-Use Developments. In the case of mixed uses (such as shopping centers), the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as specified above for joint use or below for a shared parking agreement.
C.
Shared Parking Agreement. Parking facilities may be cooperatively used by different land uses, when the times of the use of such parking spaces by each use are not simultaneous. A shared parking agreement signed by all parties who share the parking facilities and approved by the community development director (director) shall be required that binds the parking facilities and the parties until the agreement is dissolved by all parties and approved by the director. The total number of required parking spaces may be reduced from the requirements of this chapter, if it is demonstrated through a parking study that complementary uses, internal trip capture or uses with different peak parking needs justify the reduction in required parking spaces at all times. A covenant running with the land shall be made between the property owner (owner) and the City of Sultan (city) stating the responsibilities of the owner and shall be recorded with Snohomish County. A copy with the recording number and parking layouts and scheduled times of use by the specific uses sharing the on-site parking spaces shall be submitted as part of any permit application for development. When any shared parking agreement subject to the covenant is to be modified or terminated, the owner shall be responsible for notifying the director and providing a revised site plan and schedule for meeting the parking requirements of all the development on the property subject to the covenant.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1347-21 § 20; Ord. 1418-25, 7/24/2025)
§ 16.54.110 Requirements for retail trade establishments, personal service establishments, business establishments, offices, hotels, motels, lodging houses, guest houses, night clubs, and health spas in the UC Zoning District.
To promote more compact urban settlements, the City of Sultan is encouraging the development of activity nodes that require less of a reliance on the private automobile. To that end, as can be seen in the tables of dimensional and density requirements for the UC Zoning District, front and side yard setbacks are not required for retail trade establishments, personal service establishments, business establishments, offices, night clubs, and health spas. In furtherance of this goal, the off-street parking requirements for these categories of uses, as well as hotels, motels, lodging houses, and guest houses, as contained in the off-street parking table contained in this chapter, are reduced by 50% when they are proposed to be located in the UC Zoning District.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.54.120 Development and maintenance of off-street parking areas.
For every parcel of land hereafter used, off-street parking shall be developed and maintained by the owner in accordance with the following requirements:
A.
Minimum Distances and Setbacks. No part of any off-street parking area containing five or more vehicle spaces shall be closer than six feet to any dwelling, school, hospital, or other institution for human care. If on the same lot with a principal structure, the parking area shall not be located within the front yard or side street yard setback area required for such structure.
B.
Bumper Guard and/or Bollard Requirements. There shall be provided a bumper guard and/or bollard of either wood, metal or concrete not more than two feet in height and securely anchored into the ground on all sides of the parking area where there is required a protective fence or wall. Any required bumper guard and/or bollard shall be located at such distance so that automobiles will not strike the protective fence or wall. As an alternative, a concrete beam serving the same purpose may be provided.
C.
Off-Street Parking Area Surfacing Requirements. Any off-street parking area containing more than five vehicle spaces shall be surfaced with an asphaltic, bituminous, cement, gravel, grass pavers, or other stable parking surface so as to provide a durable surface, and shall be graded and drained so as to dispose of all surface water accumulation within the off-street parking area. Legally nonconforming gravel surfacing in existing parking areas may be used for a maximum of six parking spaces, as allowed by RCW 36.70A.622.
D.
Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises used for residential purposes in any district.
E.
Entrance, Exit, and Maneuvering Space. Vehicular drives providing entrance and exit to the street system from the off-street parking area shall have a minimum pavement width of 22 feet. One-way vehicular drives shall have a minimum pavement width of 10 feet. This requirement shall not apply to single-family detached residences, accessory dwelling units, townhomes, duplexes, or any housing type with fewer than 12 units. The right turn radius on the side of the driveway exposed to entry or exit by right-turning vehicles shall be a minimum of 17 feet. Maneuvering areas shall be sufficient to permit vehicles to enter and leave the parking lot in a forward motion except for single-family detached dwelling units.
F.
Other Design Requirements.
1.
Off-street parking areas for all developments shall be designed so that sanitation, emergency, and other public service vehicles can serve such developments without the necessity of backing up unreasonable distances, or making other dangerous or hazardous turning movements.
2.
Circulation areas for off-street parking lots shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles, and without adversely interfering with the normal functioning of the parking lot.
3.
The parking spaces shall be appropriately demarcated with painted lines or other markings.
4.
Off-street parking areas shall be properly maintained in all respects. They shall be kept in good condition (free from pot holes, etc.) and parking space lines or markings shall be kept clearly visible and distinct.
5.
Handicapped parking spaces shall be provided in all required off-street parking areas, at a rate of 2% of the total required parking spaces, but in no case less than one space, and adequately posted to be in conformance with all appropriate federal and state laws.
6.
No speed-bumps shall be installed within 100 feet of the point of access from the off-street parking lot to the street.
G.
Tandem parking spaces are permitted for residential uses at the rate of one stall per 20 linear feet.
H.
Residential Driveway Requirements.
1.
All residential driveways associated with individual dwelling units must extend at least 20 feet from the property line to the end of paving or face of the garage door.
2.
Ribbon driveways may be used.
3.
Shared curb cuts and driveways may be used and are encouraged.
4.
New residential lots are limited to one curb cut per lot.
5.
Curb cuts and driveway aprons cannot exceed 16 feet in width.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1414-24 § 1 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.54.130 Plan requirement.
A plan shall be submitted to the community development director with every development permit application for any building or use that is required to provide off-street parking and loading. The plan shall accurately depict the required number and location of parking space, other spaces in excess of the requirements, access aisles, driveways, vehicle turn-around or backup areas, areas designated for trash collection, off-street loading spaces (if required), the distance of the off-street parking facilities to the structure or uses they are intended to serve, as well as the relationship of the parking lot to the street system into which the motor vehicles utilizing the parking areas will discharge.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.54.140 Minimum required off-street parking spaces.
The minimum number of required off-street parking spaces shall be determined from the following table, except for the provisions enumerated in SMC § 16.54.110. Requirements for any use not specifically mentioned shall be the same as the use most similar to the one sought. When units of measurement determining the required off-street parking spaces result in a fractional space, then such fraction equal to or greater than one-half shall be interpreted as one off-street parking space.
Table 16.54-A | |
|---|---|
TABLE OF OFF-STREET PARKING REQUIREMENTS | |
Use | Parking Requirement |
RESIDENTIAL DEVELOPMENT | |
Single-family detached, attached dwellings, duplexes, townhouses | 2 spaces per dwelling, except that a one-bedroom unit shall require 1 space per unit |
Apartments/multifamily dwellings | 1 space per studio or one-bedroom unit and 2 spaces for each larger unit |
Accessory dwelling units | 1 space per unit |
Apartment accessory to a commercial use | 1 space per studio or one-bedroom unit and 2 spaces for each larger unit |
Live/work dwelling units | 1.25 spaces per unit |
Co-living housing | 0.25 space per sleeping unit |
Cottage housing | 1 space per unit |
Residential treatment facilities | 3 spaces for each 5 beds, except for uses exclusively serving children under 16 years of age, in which case 1 space for every 3 beds shall be required |
Permanent supportive housing and transitional housing | 1.25 spaces for every employee on maximum shift. No parking spaces are required for individual units, tenants, or residents residing in the building. |
Emergency shelters and emergency housing | No minimum parking is required. Adequate parking for staff is strongly encouraged. |
Boarding houses | 1 space per bedroom |
Barracks | 1 space for each 5 beds |
Dormitories | 1 space for each 4 beds |
RETAIL COMMERCIAL ESTABLISHMENTS | |
Hotels and similar uses providing overnight accommodation | 1 space for each room available for rent, plus 1 space for each 2 employees working at any one time |
Convenience stores | 1 space per 150 square feet of gross floor area |
Grocery stores/supermarket/drug store/general merchandise | 1 space per 150 square feet of gross floor area |
Other retail sales establishments | 1 space per 400 square feet of gross floor area |
Eating and drinking establishments (no drive-in or fast food) | 1 space per 200 square feet of gross floor area |
Drive-in or fast food restaurant | 1 space per 400 square feet of gross floor area |
Auto service station | 1 space per 200 square feet of gross floor area, plus sufficient space to accommodate vehicles at pumps without interfering with other parking spaces |
Auto repair/maintenance/tire replacement shops | 1 space per 200 square feet of gross floor area |
Auto sales and service establishments (display/showroom area only) | 1 space per 1,000 square feet of gross floor area plus 1 space for each employee |
PROFESSIONAL OFFICES AND BANKS | |
Business/professional offices and banks | 1 space per 250 square feet of gross floor area, plus 1 space for every 4 employees |
EDUCATIONAL FACILITIES | |
Preschools/daycare | 1 space per classroom, plus 1 space for each 10 students (based on the rated capacity of the facility) |
Elementary and middle schools | 1.75 spaces per classroom, plus 1 space for each 8 students (based on the rated capacity of the facility) |
Secondary schools | 5 spaces per classroom, plus 1 space for each 5 students (based on the rated capacity of the facility) |
Business/trade/vocational schools | 1 space per 200 square feet of gross floor area |
PUBLIC AND INSTITUTIONAL FACILITIES | |
Hospitals/health care facilities | 1 space per bed, or 1 space per 250 square feet of gross floor area, whichever is greater |
Nursing, rest, convalescent homes | 1 space per bed |
Post offices | 1 space per 50 square feet of gross floor area |
Government offices/courthouses | 1 space per 250 square feet of gross floor area |
Public safety facilities | 1 space per 200 square feet of gross floor area |
Community centers (public or private) | 1 space for every 4 seats (fixed seating) or 1 space per 50 square feet of gross floor area (no fixed seating) |
Houses of worship/places of public assembly | 1 space for every 4 seats (fixed seating) or 1 space per 50 square feet of gross floor area (no fixed seating) |
Libraries | 1 space per 500 square feet of gross floor area |
RECREATIONAL FACILITIES | |
Parks and recreational areas | 1 space per 5,000 square feet of land area |
OTHER FACILITIES/DEVELOPMENT | |
Restricted limited manufacturing (new facility on vacant or cleared land) | 1 space for every 2 employees on maximum shift, or 1 space per 400 square feet of gross floor area, whichever is greater |
Restricted limited manufacturing (conversion of existing improvements) | As practicable on the available lot, up to the greater of 1 space for any 2 employees on maximum shift or 1 space per 400 square feet of gross floor area. The acquisition of new or additional land shall not be required.(1) |
Veterinarians/kennels/animal hospitals | 1 space per 300 square feet of gross floor area |
Health care facilities | 1 space for each 200 square feet of gross floor area |
Museums/art galleries | 1 space for each 300 square feet of floor area open to the general public |
Dry cleaners/laundromat enterprises | 1 space per 200 square feet of gross floor area |
Manufacturing/assembling/fabrication operation plants | 1 space for every 2 employees on maximum shift, or 1 space per 400 square feet of gross floor area, whichever is greater |
Greenhouse/nursery facilities | 1 space per 1,000 square feet of lot area used for storage, display, or sales, plus 1 space per 400 square feet of gross floor area |
Warehousing/storage/wholesale enterprises | 1 space for every 2 employees on maximum shift, but not less than 1 space per 2,000 square feet of gross floor area |
Notes: | |
|---|---|
(1) | However, if the hearing examiner finds the proposed conditional use request may substantially reduce the existing parking for adjacent land uses in the neighborhood, additional off-street parking may be required to mitigate this impact. |
(Ord. 1244-16 § 3 (Exh. A); Ord. 1304-19B § 4; Ord. 1414-24 § 1 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.54.150 Off-street loading space requirements.
A.
On the same premises with every building, structure or part thereof erected and occupied for manufacturing, storage, warehousing, goods display, department store, wholesale store, retail sales outlet, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly involving the receipt and distribution of vehicles, materials, or merchandise, there shall be provided and maintained on the lot adequate space for standing, turning, loading and unloading services to avoid interference with the public use of the streets and alleys.
Each such loading and unloading space shall be an area at least 12 by 50 feet with a 15-foot height clearance, and shall be provided as specified below for gross nonresidential (hotel rooms shall be defined as residential floor area for the purposes of this requirement) floor area, except that:
1.
No spaces are required for structures with less than 10,000 square feet of gross floor area.
2.
One space is required for structures with more than 10,000 but less than 20,000 square feet of gross floor area.
3.
Additional off-street loading spaces shall be provided at a rate of one space for each additional 20,000 square feet or increment thereof.
4.
No more than seven loading spaces shall be required, except for warehouse and industrial buildings.
B.
Loading and unloading areas shall be so located and designed that the vehicles intended to use them can maneuver safely and conveniently to and from the roadway serving the property, and the loading/unloading operations can be completed without obstructing or interfering with any roadway traffic or any off-street parking space or parking lot aisle.
C.
No area allocated to loading/unloading facilities may be used to satisfy the area requirements for off street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for off-street loading/unloading facilities.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.54.160 Additional and guest parking requirements for residential subdivisions.
In addition to the off-street parking requirements contained in SMC § 16.54.140, all residential subdivisions shall provide an adequate number of guest stalls within the development as required in this section. Any additional parking spaces beyond the requirements of SMC § 16.54.140 are subject to the standards in this section.
A.
Guest parking shall be provided at the rate of 1/2 space per residence proposed in the development, not including accessory dwelling units.
B.
A parking plan shall be submitted with preliminary applications for subdivisions. The parking plan shall include sufficient detail for staff to confirm compliance with all applicable parking and guest parking requirements.
C.
Guest and additional stalls may be provided on new streets constructed within a proposed subdivision.
1.
Designs of streets and street parking shall be in conformance with the adopted standards of Chapter 11.12 SMC.
2.
Street parking on exterior frontages shall not be counted.
3.
All proposed street parking stalls in residential subdivisions must allow legal parking and meet the minimum stall size of SMC § 16.54.020
4.
All of the proposed guest stalls may be provided as street parking
(Ord. 1418-25, 7/24/2025)
§ 16.62.010 Applicability.
Residential subdivisions of more than 10 lots, residential developments of 10 or more single-family or middle housing dwelling units, and commercial or industrial areas of more than 10 acres, are required to provide active recreation facilities in accordance with the standards in this chapter. The requirements of this chapter are in addition to park impact fee requirements of Chapter 16.72 SMC.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1284-17 § 1 (Exh. A); Ord. 1328-20 § 6 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.62.020 Exemption.
Residential developments of less than 10 dwelling units, subdivisions of fewer than 10 lots, multifamily apartment buildings, and commercial or industrial areas smaller than 10 acres are exempt from the requirements of these standards.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1284-17 § 1 (Exh. A); Ord. 1328-20 § 6 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.62.030 Recreation standards – Purpose.
The City of Sultan has determined that it is important that development of a significant scale provide recreational facilities to serve the residents of such developments. Recreation areas created as part of development activities should be consistent with the City of Sultan parks, recreation, and open space plan.
(Ord. 1418-25, 7/24/2025)
§ 16.62.035 Dedication to city.
If recreation areas are to be dedicated to the public and transferred to the City of Sultan, the city shall have the right to impose further specifications relating to such dedication, approvals, and/or inspections to the park or open space.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1284-17 § 1 (Exh. A); Ord. 1328-20 § 6 (Exh. A);Ord. 1418-25, 7/24/2025)
§ 16.62.040 Recreation design requirements.
A.
Recreation facilities shall not be located in a tract less than 10,000 square feet in area.
B.
Recreation areas shall be landscaped and shall be provided with sufficient natural or manmade screening or buffer areas, as follows. At a minimum, all recreation areas except those designated by the city council not to be necessary shall have continuous landscaped buffers around their perimeters at least 10 feet wide and shall also provide protective fencing if deemed necessary by the city. The plant material selected to be planted within these buffer areas shall be such that they will provide a continuous vegetative screen mix of deciduous and evergreen shrubs and trees that shall reach a minimum height of six feet at maturity. Himalayan blackberries, English ivy, and other common invasive species are not permitted within buffer areas. All new vegetative material shall be guaranteed for a period of at least two years after installation and approved by the department of public works.
C.
Each recreation area shall be centrally located and easily accessible by walkways so that it can be conveniently and safely reached and used by those persons residing in the subject residential development. Therefore, no recreation area shall be located more than 2,000 feet from any dwelling unit it is intended to serve. This distance shall be measured along the walkways and streets within the development, using the shortest route possible. Sites that contain critical areas as defined by Chapter 17.10 SMC are not required to have a centrally located recreation area; they may have multiple recreation areas that are accessible to all lots and not located more than 2,000 feet from any dwelling unit.
D.
Each recreation area shall be constructed on land that is reasonably flat, dry, and capable of serving the purpose intended by these standards; provided that recreation facilities shall not be placed within environmentally sensitive areas or their buffers.
E.
Each development shall satisfy its recreation area requirements by installing a variety of recreational amenities appropriate to a range of age groups.
F.
Where recreation facilities are provided, 25% of the facilities will be ADA accessible, as adopted and amended by the City of Sultan.
G.
All recreational areas and facilities and equipment provided and constructed shall meet the minimum requirements of the Consumer Product Safety Guidelines for Public Playgrounds and the American Society for Testing and Materials F1487.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1284-17 § 1 (Exh. A); Ord. 1328-20 § 6 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.62.050 Types and number of recreation facilities to be provided.
A.
New single-family or middle housing development subject to the requirements of this chapter must provide recreational facilities at the following ratios from the lists provided.
Table 16.62-A On-Site Recreation Area Requirements | ||
|---|---|---|
Number of Dwelling Units | Amount of On-Site Recreation Area Required (minimum) | Number of Required and Different Option Recreation Facilities |
10 - 20 units | 500 sq. ft. per unit | required amenities + 1 option amenity |
21 - 60 units | 500 sq. ft. per unit | required amenities + 3 option amenities |
61 - 100 units | 400 sq. ft. per unit | required amenities + 4 option amenities |
101 - 160 units | 300 sq. ft. per unit | required amenities + 5 option amenities |
Over 160 units | 300 sq. ft. per unit | required amenities + 6 option amenities |
1.
Small developments that do not accumulate to the 10,000 square fet minimum recreation space size may pay the fee in lieu established in SMC § 16.62.070.
2.
Required amenities are listed below. Partial ratios will be rounded up to the next whole number so that a 10,000 square feet recreation area is still required to have one of each amenity listed.
3.
Option amenities are listed below. Each option amenity selected to meet the requirement must be different. For example, multiple swing sets would count as a single amenity.
a.
Playgrounds developed with children's play equipment (minimum capacity: 15 users);
b.
Swing set (minimum four swings);
c.
Pedestrian or bicycle paths with hard surfaces or trails (minimum 1/2 mile total. Access trails may be counted if they are not adjacent to a road as described in SMC § 16.62.065.);
d.
Sports fields (such as soccer or softball fields) with associated improvements;
e.
Indoor or outdoor sports courts (such as volleyball, basketball, pickleball, or tennis courts), indoor swimming pools, and similar facilities (indoor amenities may be counted as two amenities);
f.
Covered picnic areas with permanent tables (minimum 10,000 square feet. Larger covered areas may be counted as two amenities.);
g.
Gazebos with permanent seating (minimum 200 square feet. Larger gazebos may be counted as two amenities);
h.
Community clubhouse and meeting facilities (indoor amenities may be counted as two amenities);
i.
Community gardens for use by the residents;
j.
Plazas with lighting, artwork, and sitting space for pedestrians at four or more spaces for every required 100 square feet of area;
k.
Picnic area with additional tables and grills (minimum three grills);
l.
Dog run area (must be fenced, minimum 5,000 square feet);
m.
Skate park (minimum 3,000 square feet and two obstacles); and
n.
Other similar amenities approved by the community development director.
B.
Access for pedestrians shall be provided from all dwellings within a development to the recreation areas through trails, sidewalks, pathways, and other similar means of access pursuant to SMC § 12.14.050.
C.
Recreation areas designed in accordance with this title shall not include any portion of privately owned yards.
D.
Any dedication off site, improvements off site, or financial contribution previously made shall be held, used, administered and/or returned in accordance with the terms of the developer agreement or terms of approval for the development under which the dedication, improvement or payment occurred.
(Ord. 1418-25, 7/24/2025)
§ 16.62.060 Open space standards.
Open space is not a requirement of subdivisions. If provided, open space tracts shall be conveyed to homeowners' association by written instrument, or dedicated to the city under conditions subject to city approval, and the homeowners' association will be responsible for any maintenance associated with the open space tracts. If the homeowners' association fails to responsibly maintain an open space tract and the City of Sultan must take responsibility for maintenance to ensure public safety and/or environmental protection, the city can lien the properties of the individual homeowners to recover costs for such maintenance responsibilities.
A.
B.
Lands not included within lots to be developed and sold or dedicated for required public improvements may be recorded as open space tracts. Environmentally sensitive areas shall be protected as separate tracts or established as native growth protection areas with proper signage.
C.
Access for pedestrians may be provided from all dwellings within a development to the open space areas through trails, sidewalks, pathways or other similar means of access pursuant to Chapter 12.20 SMC.
D.
Open space areas designated and protected in accordance with this title shall not include any portion of privately owned yards.
E.
Any dedication off site, improvements off site, or financial contribution previously made shall be held, used, administered and/or returned in accordance with the terms of the developer agreement or terms of approval for the development under which the dedication, improvement or payment occurred.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1284-17 § 1 (Exh. A); Ord. 1328-20 § 6 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.62.065 Trail and connectivity standards.
A.
During the application review process for the subdivision, the community development director will determine whether a trail is of city-wide significance or not. Trails of citywide significance must be dedicated to the City for public use.
B.
Connective trails for use by pedestrians and other nonmotorized users to access amenities, navigate neighborhoods, and enjoy the natural environment are highly encouraged. Trails are a way of promoting walkability, outdoor exercise, and Sultan's sense of identity.
C.
Trails between or within developments may be counted as either a recreational amenity or as open space as long as they meet the requirements specified in this section, as well as the requirements for either recreational amenities or open space, accordingly.
D.
Trail measurement.
2.
Trail measurement as open space.
a.
Trails counted towards open space requirements will be measured so that each linear foot of trail, measured down the center of the trail, will be equal to 15 square feet of open space.
b.
This measurement strategy applies to all trails within the development being counted towards open space, regardless of the type of tract or lot they are located in, so that the area of trails running through open spaces may be counted in addition to the gross area of the open space.
c.
Trails running through recreation spaces may be counted towards open space requirements if they are not counted as a recreational amenity.
E.
Trail types and design standards.
1.
Natural area trail design.
a.
Natural area trails are defined as trails that have no part of their surface within 20 feet of a road, excluding any access points from roads, and have a forested edge on at least one side for at least 50% of their length. The community development director may reduce this requirement for trails providing access to commercial areas.
b.
Natural area trails must be surfaced with at least compacted, crushed gravel, compacted soil, wooden boardwalks, or other natural materials to provide a firm and stable surface. Parts or entire trails may be paved.
c.
The trail surface must be at least three feet wide.
d.
If the trail is intended to be public and dedicated to the City, the trail must be set in an easement at least 20 feet wide. The community development director may adjust this requirement as necessary to accommodate access, co-location of utilities, and other needs, or reduce this requirement if appropriate.
2.
Primary access trail design.
a.
Primary access trails are defined as trails that are within 20 feet of a road. Access points from roads will not be included in this requirement.
b.
Primary access trails may be used in lieu of sidewalks.
c.
Primary access trails must be paved and at least 12 feet wide to accommodate both bikes and pedestrians.
F.
Connectivity standards.
1.
The following connectivity standards are intended to promote walkability and access between adjacent neighborhoods and amenity areas in order to enhance livability and promote a sense of connection between community members.
2.
These connectivity standards apply to all development of at least 10 units or parcels, excluding developments with at least 10 units within the same building.
3.
Trails may be used in lieu of required road stubs or internal street connectivity at the discretion of the community development director.
4.
Trail stubs or dedicated space and access for future trail connections must be included in the design of the proposed development. At least one future connection point must be included on each side of the parcel being developed unless determined by the community development director that a future trail connection is not feasible or in the community interest. Additional future connection points may be required by the community development director if they serve the intent of this section.
5.
New trails are required to connect between any of the following:
a.
Adjacent trails in other neighborhoods or subdivisions if those trails are within 300 feet of the subdivision boundary, or a proposed street, sidewalk, trail, recreation space, or open space.
b.
Adjacent neighborhood streets, sidewalks, or public recreation or open spaces within 200 feet of a proposed street, sidewalk, trail, recreation space, or open space.
6.
Trail connectivity requirements will be waived if any of the following apply:
a.
The required trail connection would be redundant with an existing connection path within 800 feet.
b.
The required path would intersect erosion or landslide hazard areas.
c.
The required path would intersect a permanent waterway over three feet wide.
d.
The required trail would intersect any parcel of land not owned by the applicant or the City, and the applicant cannot gain consent from the owner of the parcel to construct the trail after reasonable efforts to do so.
7.
The community development director may waive any connectivity requirements if construction of the trail is deemed infeasible, not within the public interest, or excessively prohibits development of the site.
(Ord. 1418-25, 7/24/2025)
§ 16.62.070 Payment in lieu of on-site recreation improvement.
A.
The intent of this chapter is to provide mechanisms whereby recreation areas and open space are integrated into development. As determined by the community development director, a payment in lieu of providing on-site recreation improvements is not always in the best interest of the city and each application for a payment in lieu will be reviewed on a case-by-case basis.
B.
If providing the facilities and spaces as required in this chapter and in the city's parks, recreation, and open space (PROS) plan is infeasible, the applicant can, in limited circumstances, pay a fee in lieu of providing on-site recreation improvement. Final determination of feasibility is at the discretion of the community development director per the following criteria:
1.
A public park needing upgrades or maintenance is within a 1/4 mile walkshed using existing ADA accessible routes.
2.
A public trail needing upgrades or maintenance is within a 1/4 mile walkshed using existing ADA accessible routes.
3.
Developer agrees to create ADA-compliant pedestrian facilities to access public parks or trails.
4.
The policy goals of the Sultan PROS plan have been considered and are best addressed by a fee in lieu.
C.
A fee in lieu of on-site recreation improvements may be permitted if all the following criteria are met; a fee in lieu of on-site recreation improvements is at the discretion of the community development director:
D.
The applicant shall make a request in writing to the community development director outlining how the request for payment in lieu of recreation improvements complies with the criteria listed in subsection C of this section. The community development director shall be responsible for reviewing the request and deciding whether payment in lieu is warranted.
E.
The fee shall be based on the number of lots within the proposed subdivision. For subdivision over 10 lots the fees are calculated in the fee schedule.
F.
Fees collected per the provisions of the section shall be used by the city for installation of capital improvements to an existing or new park in the existing neighborhood or city. Such fees shall be paid prior to final plat approval or divided among the lots and paid at time of building permit issuance.
(Ord. 1284-17 § 1 (Exh. A); Ord. 1328-20 § 6 (Exh. A); Ord. 1347-21 § 22; Ord. 1396-24 § 1 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.66.010 Purpose.
In addition to furthering the general purposes of the comprehensive plan and the zoning code, this chapter is to provide for a wide range of locations and options for wireless communication providers while minimizing the unsightly characteristics associated with wireless communication facilities and to encourage creative approaches in locating wireless communication facilities which will blend in with the surroundings of such facilities.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.66.020 Definitions.
For this chapter the following terms shall have the meaning ascribed to them below:
A. "Abandonment"1. 2. 3. 4.
means:
To cease operation for a period of 60 or more consecutive days;
To reduce the effective radiated power of an antenna by 75% for 60 or more consecutive days;
To relocate an antenna at a point less than 80% of the height of an antenna support structure; or
To reduce the number of transmissions from an antenna by 75% for 60 or more consecutive days.
B. "Antenna"
means any exterior apparatus designed for telephonic, radio, data, internet, or television communications through the sending and/or receiving of electromagnetic waves, and includes equipment attached to a tower or building for the purpose of providing personal wireless services, including unlicensed wireless telecommunications services, wireless telecommunications services utilizing frequencies authorized by the Federal Communications Commission for cellular, enhanced specialized mobile radio, personal communications services, telecommunication services, and attendant base stations.
C. "Antenna height"
means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the parcel. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
D. "Antenna support structure"
means any pole, telescoping mast, tower, tripod, or other structure which supports a device used in the transmitting or receiving of radio frequency signals.
E. "Applicant"
means any provider or any person, partnership, or company who files an application for any permit necessary to install, maintain, or remove a personal wireless service facility within the city.
F. "Cell site" or "site"
means a tract or parcel of land that contains personal wireless service facilities including any antenna, support structure, accessory buildings, parking, and may include other uses associated with and ancillary to personal wireless services.
G. "Co-location"
means the use of a personal wireless service facility or cell site by more than one personal wireless service provider.
I. "Design"
means the appearance of personal wireless service facilities, including such features as their materials, colors, and shape.
K. "Equipment enclosure"
means a structure, shelter, cabinet or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies, and emergency generators.
N. "Governing authority"
means the city council of the city of Sultan.
O. "Macro-facilities"
means larger than a micro-facility and are the largest wireless communication facilities allowed on monopoles I and II. Height can exceed 15 feet.
P. "Micro-facilities"
means smaller than a macro-facility and can exceed a height of 10 feet.
Q. "Mini-facilities"
means attached wireless communication facilities which consist of antennas equal to or less than 10 feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area not more than 50 square feet in the aggregate as viewed from any one point.
R. "Modification"
means the changing of any portion of a personal wireless service facility from its description in a previously approved permit. Examples include, but are not limited to, changes in design.
S.
Monopoles I and II.
1. "Monopole I"
means a wireless communication facility which consists of a support structure, the height of which shall not exceed 60 feet.
2. "Monopole II"
means a wireless communication facility which consists of a wireless communications support structure, greater than 60 feet (maximum of 150 feet per SMC § 16.66.070) in height erected to support wireless communication antennas and connecting appurtenances.
T. "Mount"1. 2. 3.
means the structure or surface upon which personal wireless service facilities are mounted. There are three types of mounts:
"Building-mounted"
means a personal wireless service facility mount fixed to the roof or side of a building;
"Ground-mounted"
means a personal wireless service facility mount fixed to the ground, such as a tower;
"Structure-mounted"
means a personal wireless service facility fixed to a structure other than a building, such as light standards, utility poles, and bridges.
U. "Personal wireless service facilities (facilities)"
means facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, enhanced specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless services.
V. "Provider"
means every corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity and individual which provides personal wireless service over personal wireless service facilities.
W. "Screening"
means a personal wireless telecommunication facility such as a tower or mount placed amongst and adjacent to (within 20 feet) three or more trees at least 75% of the height of the facility.
X. "Secondary use"
means a use subordinate to the principal use of the property, such as commercial, residential, utilities, etc.
Y. "Security barrier"
means a wall, fence, or beret that has the purpose of seating a personal wireless service facility from unauthorized entry or trespass.
Z. "Tower"
means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal wireless service facilities including radio and television-transmission towers, microwave towers, common-carrier towers; cellular telephone towers or personal communications services towers, alternative tower structures, and the like.
AA. "Unlicensed wireless services"
means commercial mobile services that operate on public frequencies and do not need an FCC license.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.66.030 Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones:
A.
Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.
B.
Antennas and related equipment no more than three feet in height that are being stored, shipped, or displayed for sale.
C.
Radar systems for military and civilian communication and navigation.
D.
Wireless radio utilized for temporary emergency communications and navigation.
E.
Licensed amateur (ham) radio stations.
F.
Satellite dish antennas less than two meters in diameter, including direct to home satellite services, when used as a secondary use of the property.
G.
Routine maintenance or repair of a personal wireless service facility and related equipment (excluding structural work or changes in height or dimensions of antennas, towers, or buildings); provided that compliance with the standards of this chapter are maintained.
H.
Subject to compliance with all applicable standards of this chapter, a building permit application need not be filed for emergency repair or maintenance of a personal wireless service facility unless the repair activity exceeds 30 days.
I.
A COW or other temporary personal wireless telecommunications facility shall be permitted for a maximum of 90 days or during an emergency declared by the city, or in some circumstances, a federal disaster.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.66.035 Eligible facilities modifications subject to Spectrum Act Section 6409(a).
All projects that meet the definition of an "eligible facilities request" as defined in 47 CFR 1.40001 shall be permitted in accordance with the provisions of Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 ("Spectrum Act") and 47 CFR 1.40001. An application for an eligible facilities request shall provide information as required by the community development director. For the purpose of reviewing an eligible facilities request, the definitions and procedures of 47 CFR 1.40001 shall control and supersede any contrary definitions or procedures of this chapter.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1347-21 § 23)
§ 16.66.040 Development standards for micro-facilities.
A.
Micro-facilities are permitted in all zones.
B.
A micro-facility shall be located on existing buildings, poles or other existing support structures. A micro-facility may locate on buildings and structures; provided that the interior wall or ceiling immediately adjacent to the facility is not designated residential space.
C.
Antennas equal to or less than four feet in height (except omni-directional antennas which can be up to six feet in height) are exempt from height limitation of the zone in which they are located. Structures which are nonconforming with respect to height may be used for the placement of omni-directional antennas providing they do not extend more than six feet above the existing structure. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
D.
The micro-facility shall be exempt from review by the design review committee if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located.
E.
The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.
F.
In single-family residential zones, micro-facilities for a specific wireless provider shall be separated by a distance equal to or greater than 1,320 linear feet from other micro-facilities of the same wireless provider.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.66.050 Development standards for mini-facilities.
A.
Mini-facilities are permitted in the highway-oriented commercial (HOC), urban center (UC), and manufacturing (M) zones only.
B.
The mini-facility may be located on buildings and structures; provided that the immediate interior wall or ceiling adjacent to the facility is not a designated residential space.
C.
The mini-facility shall be exempt from review by the design review committee if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located.
D.
The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.
E.
Mini-facilities shall comply with the height limitation specified for all zones except as follows: Omni-direction antennas may exceed the height limitation by 10 feet and, in the case of nonconforming structures, the antennas may extend 10 feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing nonconforming building and blend in architecturally with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.66.060 Development standards for macro-facilities.
A.
Macro-facilities are permitted in highway-oriented commercial (HOC), urban center (UC) and economic development (ED) zones only.
B.
Macro-facilities may be located on buildings and structures; provided that the immediate interior wall or ceiling adjacent to the facility is not a designated residential space.
C.
The macro-facility shall be exempt from review by the design review committee if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located.
D.
The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.
E.
Macro-facilities shall comply with the height limitation specified for all zones, except as follows: omni-directional antennas may exceed the height limitation by 15 feet, or, in the case of nonconforming structures, the antennas may extend 15 feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing building and architecturally blends in with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.66.070 Development standards for monopole I and monopole II.
A.
Monopole I or II shall be permitted in the highway-oriented commercial (HOC) and manufacturing (M) zones only.
B.
Monopole facilities adjacent to residential zones, shall be set back a distance equal to the height of the wireless communication support structure from the nearest residential lot line (e.g., monopole I – 60 feet from nearest residential lot line and monopole II – 150 feet from nearest residential lot line).
D.
Co-location on an existing support structure shall be permitted.
E.
Macro-facilities are the largest wireless communication facilities allowed on monopoles I and II.
F.
The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the monopole facility support structure shall be concealed, screened, camouflaged or placed underground and shall be subject to review by the design review committee using the procedures and review criteria specified in the SMC.
G.
Monopole facilities shall be landscaped. Landscaping shall be approved by the design review committee and shall include, but not be limited to, low maintenance shrubs, trees for screening, and/or removal of excess foliage and vines.
H.
Monopole facilities shall be separated from each other by a distance equal to or greater than 1,320 feet.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.66.080 Development standards for lattice towers.
A.
Lattice towers are permitted in the manufacturing (M) zone only.
B.
Lattice towers are only permitted if the wireless communications structure is built to accommodate two or more wireless communications facilities at the time of erection.
C.
Lattice towers adjacent to residential zones shall be set back a distance equal to the height of the wireless communication support structure from the nearest residential lot line (i.e., 150 feet from nearest residential lot line).
D.
Maximum Height Restriction. One hundred fifty feet maximum lattice structure (from surrounding natural grade). May extend antenna a maximum of 15 feet for a maximum facility height of 165 feet.
E.
Macro-facilities are the largest permitted wireless communication facilities allowed on a lattice tower.
F.
Co-location on an existing support structure shall be permitted without applying for an additional permit; provided that there is no substantial change to the existing support structure.
G.
The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the lattice tower support structure shall be concealed, screened, camouflaged or placed underground. Lattice towers shall be subject to review by the design review committee using the criteria specified in this chapter.
H.
Lattice towers shall be landscaped. Landscaping shall be approved by the design review committee and shall include but not be limited to: low maintenance shrubs, trees for screening, and/or removal of excess foliage and vines.
I.
Lattice towers shall be separated from each other by a distance equal to or greater than 1,320 feet.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.66.090 Design criteria.
A.
As provided above, new facilities shall be designed to accommodate co-location, unless the applicant demonstrates why such design is not feasible for economic, technical, or physical reasons and would cause undue hardship.
B.
Facilities shall be architecturally compatible with the surrounding buildings and land uses in the zoning district and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site.
2.
Right-of-Way Setback Exception. The setback requirement may be waived if the antenna and antenna support structure are located in the city right-of-way (ROW).
3.
View Corridors. Due consideration will be given so that placement of towers, antennas, and personal wireless facilities do not obstruct or significantly diminish the view of the Cascade Mountains.
4.
Color. Towers shall have a color generally matching the surroundings or background that minimizes their visibility, unless a different color is required by the FCC or FAA.
5.
Lights, Signals, and Signs. No signals, lights, or signs shall be permitted on towers unless required by the FCC or the FAA. Should lighting be required, in cases where there are residents located within a distance which is 300% of the height of the tower, then dual mode lighting shall be requested from the FAA.
6.
Equipment Structures. Ground level equipment, buildings, and the tower base shall be screened from public view. The standards for the equipment buildings are as follows:
a.
The maximum floor area is 300 square feet and the maximum height is 12 feet. Except in unusual circumstances or for other public policy considerations the equipment building may be located no more than 250 feet from the tower or antenna. Depending upon the aesthetics and other issues, the city, in its sole discretion, may approve multiple equipment structures or one or more larger structures.
b.
Ground level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means, as specified herein or in other city ordinances.
c.
Equipment buildings mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof-mounted antenna may also be located within the building on which the antenna is mounted.
d.
In instances where equipment buildings are located in residential zones, equipment buildings shall comply with setback requirements and shall be designed so as to conform in appearance with nearby residential structures. Equipment buildings, antennas, and related equipment shall occupy no more than 25% of the total roof area of the building the facility is mounted on, which may vary in the city's sole discretion if co-location and an adequate screening structure are used. The use must be approved on a site plan or final development plan, as applicable.
7.
Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If those standards and regulations are changed, then personal wireless service providers governed by this chapter shall bring their towers and antennas into compliance with the revised standards and regulations within three months of their effective date or the timelines provided by the revised standards and regulations, whichever time period is longer. The revised standards and regulations are not retroactively applicable to existing providers, unless otherwise provided or permitted by federal law. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for the city to remove a provider's facilities at the provider's expense.
8.
Building Codes – Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable city building codes and the applicable standards for towers that are published by the Electronic Industries Association (EIA), as amended from time to time, if, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with such standards. If the owner fails to bring its tower into compliance within 30 days, the city may remove the tower at the owner's expense.
9.
Structural Design. Towers shall be constructed to the EIA standards, which may be amended from time to time, and to all applicable construction/building codes. Further, any improvements or additions to existing towers shall require submission of site plans stamped by a professional engineer which demonstrate compliance with the EIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested.
10.
Fencing. A well-constructed wall or wooden fence not less than six feet in height from the finished grade shall be provided around each personal wireless service facility. Access to the tower shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is prohibited unless it is fully screened from public view by a minimum eight-foot-wide approved landscaping strip.
11.
Tower and Antenna Height. The applicant shall demonstrate that the tower and antenna are the minimum height required to function satisfactorily. No tower or antenna that is taller than this minimum height shall be approved. A variance from the height limit may be granted if the applicant can show by clear and convincing evidence that the additional height is necessary to provide adequate service to the residents of the city and no other alternative is available. Variances may only be granted in cases of hardship pursuant to Chapter 16.28 SMC.
12.
Antenna Support Structure Safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
13.
Required Parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off-street parking shall be made and documentation thereof provided to the city. Security fencing should be colored or should be of a design which blends into the character of the existing environment.
14.
Tower Separation. In no case shall towers be located closer than 1,320 feet from another tower whether it is owned or utilized by applicant or another provider.
15.
Antenna Criteria. Antenna on or above a structure shall be subject to the following:
a.
The antenna shall be architecturally compatible with the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact.
b.
The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless it must be for technical reasons. In no event shall an antenna project more than 16 feet above the roof line including parapets.
c.
The antenna shall be constructed, painted, or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted.
e.
If an accessory equipment shelter is present, it must blend with the surrounding buildings in architectural character and color.
f.
The structure must be architecturally and visually (color, size, bulk) compatible with surrounding existing buildings, structures, vegetation, and uses. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the facility.
g.
Site location and development shall preserve the preexisting character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques must be evaluated by the city, in the city's sole discretion.
h.
For installation or buildings greater than 30 feet in height, see other applicable provisions of this chapter. In addition to the other requirements of this chapter, on buildings 30 feet or less in height, the antenna may be mounted on the roof if the following additional criteria are satisfied:
i.
The city finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall.
ii.
No portion of the antenna or base station causes the height of the building to exceed the limitations set forth herein.
iii.
The antenna or antennas and related base stations cover no more than an aggregate total of 25% of the roof area of a building, which may vary in the city's sole discretion, if co-locating and an adequate screening structure are used.
iv.
Roof-mounted antenna and related base stations are completely screened from view by materials that are consistent and compatible with the design, color, and materials of the building.
v.
No portion of the antenna may exceed 15 feet above the height of the existing building.
i.
If a proposed antenna is located on a building or a lot subject to a site review, approval is required prior to the issuance of a building permit.
j.
No antenna shall be permitted on property designated as an individual landmark or as a part of a historic district, unless such antenna has been approved in accordance with city ordinances.
k.
No personal wireless service provider or lessee or agent thereof shall fail to cooperate in good faith to accommodate co-location with competitors. If a dispute arises about the feasibility of co-locating, the city administrator may require a third party technical study, at the expense of either or both parties, to resolve the dispute.
l.
No personal wireless service provider or lessee shall fail to assure that its antenna complies at all times with the current applicable FCC standards. After installation, but prior to putting the antenna in service, each provider shall submit a certification by an independent professional engineer to that effect. In the event that an antenna is co-located with another antenna, the certification must provide assurances that FCC approved levels of electromagnetic radiation will not be exceeded by the co-location.
m.
No antenna shall cause localized interference with the reception of any other communications signals including, but not limited to, public safety, television, and radio broadcast signals.
n.
No person shall locate an antenna or tower for wireless communications services upon any lot or parcel except as provided in this chapter.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.66.100 Submittal requirements.
Application for conditional use permit, administrative use permit, building permit, and other related requests may include any combination of site plans, surveys, maps, technical reports, or written narratives necessary to convey the following information in addition to the requirements of the zoning code and other applicable ordinances:
A.
Photo simulations of the proposed facility from affected residential properties and public rights-of-way at varying distances;
B.
A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, and the proposed colors) of the facility;
C.
A signed statement indicating that:
1.
The applicant and landowner agree that they will diligently negotiate in good faith to facilitate co-location of additional personal wireless service facilities by other providers on the applicant's structure or within the same site location; and
2.
The applicant and/or landlord agree to remove the facility within 60 days after abandonment;
D.
Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment;
E.
A site plan clearly indicating the location, type and height of the proposed tower and antenna, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures;
F.
A current map and aerial showing the location of the proposed tower, a map showing the locations and service areas of other personal wireless service facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city;
G.
Legal description of the parcel, if applicable;
H.
The approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties;
I.
A landscape plan showing specific landscape materials;
J.
Method of fencing, finished color and, if applicable, the method of camouflage and illumination;
K.
A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA standards and all other applicable federal, state, and local laws and regulations;
L.
A statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users;
M.
Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions;
N.
The telecommunications company must demonstrate that it is licensed by the FCC if required to be licensed under FCC regulations;
O.
The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an FCC licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC;
P.
A full site plan shall be required for all sites, showing the tower, antenna, antenna support structure, building, fencing, buffering; access, and all other items required in this chapter. The site plan shall not be required if the antenna is to be mounted on an existing structure; and
Q.
At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the city.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.66.110 Permits required.
Where a tower or antenna support structure will be 60 feet or less in height, in addition to the other provisions of this chapter, an applicant will be required to obtain an administrative use permit. In the event that a proposed tower or antenna support structure will be located near a residential zone, or an unscreened tower in the urban center zone, or will be more than 60 feet in height, in addition to the other provisions of this chapter, an applicant will be required to obtain a conditional use permit in accordance with Chapter 16.24 SMC. With respect to the placement of antenna on a tower or antenna support structure, the requirements for a conditional use permit or administrative use permit will be applicable based on the height of the tower and antenna or mount and antenna unless this chapter provides other requirements to the contrary.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.66.120 Inspection requirements.
Each year after a facility becomes operational, the facility operator shall conduct a safety inspection in accordance with the EIA and FCC standards and within 60 days of the inspection file a report with the city administrator/manager. Submission of a copy of FCC required, and duly filed, safety inspection report, or the facility operator's maintenance reports for the prior 12 months in the event no FCC report is required for such year, shall satisfy the requirements of this section.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.66.130 Landscaping/screening.
A.
Landscaping. Landscaping, as described herein, shall be required to screen personal wireless service facilities as much as possible, to soften the appearance of the cell site. The city may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted flush on an existing building, and other equipment is housed inside an existing structure, landscaping shall not be required.
B.
Screening. The visual impacts of a personal wireless service facility shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering shall be required around the perimeter of the tower and accessory structures, except that the city may waive the standards for those sides of the facility that are not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping requirements.
1.
A row of evergreen trees a minimum of six feet tall at planting and a maximum of six feet apart shall be planted around the perimeter of the fence.
2.
A continuous hedge at least 36 inches high at planting capable of growing to at least 48 inches in height within 18 months shall be planted in front of the tree line referenced above.
3.
In the event that landscaping is not maintained at the required level, the city after giving 30 days advance written notice, may maintain or establish the landscaping and bill both the owner and lessee for such costs until such costs are paid in full.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.66.140 Nonuse – Abandonment – Obsolescence.
A.
Abandonment. No less than 30 days prior to the date that a personal wireless service provider plans to abandon or discontinue operation of a facility, the provider must notify the city of Sultan by certified U.S. mail of the proposed date of abandonment or discontinuation of operation. In the event that a licensed carrier fails to give notice, the facility shall be considered abandoned upon the city's discovery of discontinuation of operation. Upon such abandonment, the provider shall have 60 days or additional period of time determined in the reasonable discretion of the city within which to:
1.
Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility; or
2.
In the event that abandonment as defined in this chapter occurs due to relocation of an antenna at a tower point on the antenna support structure, reduction in the effective radiated power of the antenna or reduction in the number of transmissions from the antennas, the operator of the tower shall have six months from the date of effective abandonment to co-locate another service on the tower. If another service provider is not added to the tower, then the operator shall promptly dismantle and remove that portion of the tower which exceeds the minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to personal wireless facilities which do not diminish their essential role in providing a total system shall not constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of the provider's towers in the city or surrounding area then all of the towers within the city shall similarly be reduced in height.
3.
Dismantle and Remove Facility. If the tower, antenna, foundation, and facility are not removed within the 60-day time period or additional period of time allowed by the city (in writing), the city may remove such tower, antenna, foundation, and related facility at the provider's expense. If there are two or more providers co-locating on a facility, except as provided for in the subsection above, this provision shall not become effective until all providers cease using the facility. At the earlier of 60 days from the date of abandonment without reactivating or upon completion of dismantling and removal, city approval for the facility shall automatically expire.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.66.150 Violation – Penalty.
A.
Any person violating any of the provisions of this chapter upon conviction shall be punishable by a fine not to exceed $1,000 or by imprisonment for a period of up to 90 days, or by both such fine and imprisonment, for each day during which an offense occurs.
B.
In addition to receiving any monetary remuneration, the city shall have the right to seek injunctive relief for any and all violations of this chapter and all other remedies provided at law or in equity.
(Ord. 1244-16 § 3 (Exh. A))
§ 16.68.010 Permanent supportive housing and transitional housing.
A.
Purpose. The purpose of this section is to provide regulations for the permitting of supportive housing that is proposed to provide housing to individuals and families experiencing or who are at imminent risk of homelessness, and on-site or off-site supportive services, as required by RCW 35.21.683 and RCW 36.70A.070.
B.
Applicability. The provisions of this section apply to all permanent supportive housing, and transitional housing in the city. Residential care facilities may also need to comply with the provisions of this section if their function and purpose closely match with either permanent supportive housing or transitional housing.
C.
Requirements.
1.
An on-site manager and area(s) to provide on-site services are encouraged. If on-site services are provided they must be for residents only.
2.
Minimum Performance Expectations for Operators.
a.
The city will defer to the project's funder, and insurance and licensing requirements, to ensure the safe and effective operation of these facilities.
b.
For Permanent Supportive Housing.
i.
Provision of access or connection to optional behavioral health treatment (including substance use disorder) and services.
ii.
Provision of access or connection to optional employment assistance (e.g., job training and education).
iii.
Provision of access or connection to optional housing-related services to help residents gain, maintain, or increase housing stability (e.g., tenant education and supports).
3.
Parking Management Plan. An approved parking management plan is required.
(Ord. 1414-24 § 1 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.68.020 Emergency shelters and emergency housing.
A.
Purpose. The purpose of this section is to provide regulations for the permitting of emergency housing and emergency shelters that are proposed to provide housing to individuals and families experiencing, or who are at imminent risk of homelessness, or who are experiencing temporary displacement due to a natural disaster, as required by RCW 35.21.683 and RCW 36.70A.070.
B.
Applicability. The provisions of this section apply to all emergency housing and emergency shelters in the city. Residential care facility may also need to comply with the provisions of this section if their function and purpose closely match with either emergency housing or emergency shelters.
C.
Requirements.
1.
An on-site manager and area(s) to provide on-site services are encouraged. If on-site services are provided they shall be for residents only.
2.
Active Operational Management Plan. An operational management plan must be established with the city prior to occupancy of an emergency shelter or emergency housing use. The operational management plan must include the following:
3.
Good Neighbor Plan. A plan for outreach and communication with the neighborhood is required. This plan will be made available to the community and must include:
a.
Identification of a "neighborhood liaison": a staff person who has been designated to be a visible and friendly ambassador for the housing facility, nurture respectful relationships among community members, attend community events, and receive and respond to neighbor complaints in a timely manner.
b.
Direct contact information for neighbors to communicate with the neighborhood liaison.
c.
Protocols for addressing concerns of the surrounding neighborhood. These may include public meetings, information distribution, or other educational and outreach efforts.
(Ord. 1414-24 § 1 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.68.030 Conversion of hotel or motel to emergency shelter.
A.
Purpose. This section provides regulations for converting an existing hotel or motel into an emergency shelter, as required by RCW 35.21.683.
C.
Requirements.
1.
An on-site manager and area(s) to provide on-site services are encouraged. If on-site services are provided they shall be for residents only.
2.
Active Operational Management Plan. An operational management plan must be established with the city prior to occupancy of a hotel or motel converted into an emergency shelter. The operational management plan must include the following:
3.
The building must comply with applicable building codes, occupancy limits, and other standards applicable for the new use under this code.
(Ord. 1414-24 § 1 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.68.040 Safe parking and encampments on religious land.
A.
As required by RCW 35.21.915, as adopted or hereafter amended, a religious organization may host the homeless on property owned or controlled by the religious organization whether within buildings located on the property or elsewhere on the property outside of buildings.
B.
Temporary safe parking areas, temporary tent encampments and temporary tiny house encampments must comply with the setback requirements established for the underlying zone.
C.
Temporary safe parking areas, temporary tent encampments, and temporary tiny house encampments must not be located within a critical area or its buffer.
D.
The maximum number of people allowed at one time in a single temporary safe parking area, temporary tent encampment or temporary tiny house encampment will be determined by the community development director taking into consideration site conditions, but in no case may the number be greater than 100 people. In determining the maximum number of people allowed at each individual encampment, the director shall consider factors such as the size and location of the site, the surrounding land uses, and other contextual factors.
E.
Fencing adequate to limit access to the site for the safety and security of residents must be installed on the perimeter of the shelter site; provided that fencing does not create a sight obstruction at the street or street intersections or curbs as determined by the city engineer. A six-foot-tall fence, which may include chain link or other temporary fencing materials, is presumed adequate for this purpose. The director may waive this requirement if there is sufficient vegetation, topographic variation, or other site considerations such that complete perimeter fencing would not be needed to serve this purpose.
F.
If provided, exterior lighting must be directed downward and glare must be contained within the shelter site.
G.
The following health and safety elements must be provided for the temporary shelter site:
1.
Exterior 2A-10BC fire extinguishers within 75 feet from any point in the shelter site;
2.
A designated smoking area;
3.
Flame-retardant materials for tents over 300 square feet and canopies in excess of 400 square feet;
4.
Prohibition of any open flames, except an outdoor heat source approved by the fire department;
5.
A first aid kit large enough to serve the maximum population of the shelter site;
6.
Obstruction-free access aisles as required by the fire department;
7.
Appropriate power protection devices at any location where power is provided;
8.
Trash receptacles in multiple locations throughout the site and regular trash patrols in the immediate vicinity of the site;
9.
Regular removal of trash from individual trash receptacles and a centralized area for trash and recycling that is regularly serviced by a local provider of this service;
10.
Chemical toilets set back at least 40 feet from all property lines as recommended by the portable toilet service provider, along with the recommended maintenance of these toilets, or access to toilets in an indoor location;
11.
Hand-washing stations by the toilets;
12.
Running water in an indoor location, or continuous running water in an outdoor location that is discharged to a location approved by the city;
13.
Posting at the site and distribution to shelter guests copies of health and safety information provided by the city, county, or any other public agency;
14.
Cooking facilities, if provided, may be located in an indoor or outdoor location and must include the following:
a.
A sink with running water. If located outdoors, it must include continuous running water that is discharged to a location approved by the city;
b.
A nonabsorbent and easily cleanable food preparation counter;
c.
A refrigerator or cooler to keep perishable food cold; and
d.
All products necessary to maintain the cooking facilities in clean condition.
15.
Tiny house encampments must include the following additional indoor safety measures for the tiny homes:
a.
A working battery-powered smoke and carbon monoxide alarm;
b.
Two openings to allow escape of smoke. Openings must be within 12 inches of the top of the wall and on two opposing walls. Such openings must be a minimum of 12 square inches, with the smallest dimension of one inch. Openings must be screened to keep insects out. Screen openings must be 1/8 inch to 1/4 inch;
c.
No fuel gas appliances or equipment;
d.
No smoking, lighted candles or other type of flames;
e.
No locks or latches that might inhibit an emergency escape from within the unit. A single cylinder deadbolt lock or lever-handled door latch is permitted, as long as it does not require the use of a tool or key to lock or unlock it from inside the unit.
H.
On-site parking of the sponsor must not be displaced unless sufficient required off-street parking remains available for the host's use to compensate for the loss of on-site parking or unless a shared parking agreement is executed with adjacent properties.
I.
To limit outdoor waiting, the shelter must be open 24 hours per day.
J.
All functions associated with the shelter, including adequate waiting space, must take place on the site proposed to house the encampment.
K.
A code of conduct must be provided that not only protects the health, safety and welfare of shelter guests, but also mitigates impacts to neighbors and the community consistent with RCW 35.21.915, as adopted or hereafter amended. At a minimum, the code must include a prohibition on the on-site use or sale of alcohol and illegal drugs and threatening or unsafe behavior. The sponsor and/or managing agency shall ensure that items deemed as weapons are stored in a safe location.
L.
An operations plan must be provided that addresses site management, site maintenance, and provision of human and social services.
M.
The sponsor and/or managing agency shall designate points of contact and provide contact information (24-hour accessible phone contact) to the police department.
N.
For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective shelter guests and shall keep a log containing this information.
(Ord. 1414-24 § 1 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.32.010 Purpose and intent.
The intent of this article is to:
A.
Influence the design of buildings and sites in order to foster a vibrant downtown area that is a center for economic, social, and cultural activities.
B.
Preserve and encourage a traditional main street aesthetic, with turn-of-the-century architecture that reflects Sultan's historic small-town feel.
C.
Create safe and enjoyable streetscapes for pedestrians.
D.
Attract those traveling along State Route 2 into downtown Sultan.
(Ord. 1354-21 § 2 (Att. A); Ord. 1418-25, 7/24/2025)
§ 16.32.020 Applicability.
A.
These design standards apply to all development applications, except residential projects of four or fewer units, within the Urban Center (UC) Zone.
B.
Remodeling or expansion of existing developments are subject to the requirements of this chapter if the cumulative gross floor area is equal or greater than 30% of the existing floor area. The project must meet only those provisions of this chapter that are related and applicable to the area of expansion or remodeling. For all building expansions commenced within a three-year period that increase the building's footprint by more than 100%, such expansions shall conform to all design standards of this chapter.
(Ord. 1354-21 § 2 (Att. A); Ord. 1418-25, 7/24/2025)
§ 16.32.030 Design review process.
A.
Review of permit applications for conformance with the development design standards will be conducted by the community development director or their designee, concurrently with other project permit reviews. Appeals must be pursuant to SMC Chapter 16.06.
B.
Required Findings for Approval.
1.
In order to approve a project as consistent with the development design standards, the planning director must make the following findings:
a.
The proposal complies with the applicable design requirements and standards of this chapter. Specifically, findings must be made for each applicable requirement and standard as to how the project complies.
b.
If the proposal is for minor exterior modifications only, that the proposal demonstrates that the proposed improvements are consistent with the design requirements and standards of this chapter.
(Ord. 1354-21 § 2 (Att. A); Ord. 1418-25, 7/24/2025)
§ 16.32.040 General design standards.
A.
Relationship to Adjacent Properties.
1.
Proposed development must coordinate with surrounding site planning and development efforts on adjacent properties by continuing some aspect or aspects of the design of those frontages within the proposed project. This could include:
a.
Matching the height and width or style of overhead weather protection that may be present on adjacent buildings;
b.
Matching the setback of those buildings;
c.
Matching the size, aspect ratio, pattern, and/or head height of the windows on adjacent buildings; or
d.
Using the same or very similar materials on the facade of the building.
2.
In some areas, the existing context is not well defined, or may be undesirable. In such cases, the new development will be recognized as a model with the opportunity to establish a pattern of identity from which future development can take its cues. Relevant zoning code requirements, especially design standards outlined in this chapter, and comprehensive plan policies must be considered as indicators of the desired direction for the area and the project. Applicants are encouraged to look to the following properties or elements of properties as examples of desired design:
B.
Screening of Service, Loading, Outdoor Storage and Mechanical Areas.
1.
Landscaping or other forms of screening must be provided around outdoor service, storage, loading and mechanical areas to provide screening from adjacent properties, streets, and pedestrian areas.
2.
Integrate outdoor storage areas and loading facilities into the site design to minimize their size, reduce visual impact, and where applicable allow for pedestrian and vehicular movement between sites.
3.
The total area allowed for outdoor storage and/or merchandise display must be less than 5% of the total gross floor area of the use. This standard must not apply to temporary uses such as material storage during construction, street vendors, city-approved community fairs and events, and periodic outdoor uses, such as farmers markets.
4.
Dumpsters, refuse and recycling containers must not be visible from the sidewalk and adjacent properties. They must be screened by minimum six-foot-high enclosures designed to screen refuse containers, including lids, and refuse stacked in containers. Chain link fencing with slats may be used for gates but not for the enclosure.
5.
Locate and screen mechanical equipment at ground level and attached to structures to reduce visual impacts from streets and adjoining properties.
6.
Locate and screen roof-mounted mechanical equipment so that the equipment is not visible when viewed from ground level of adjacent properties. Screen or match the color of roof-mounted equipment with the exposed color of the roof to minimize visual impacts when roof-mounted equipment is visible from nearby buildings and higher elevations.
7.
Locate and screen utility meters, electrical conduit, and other service and utilities apparatus so as not to be visible from adjoining and nearby streets.
(Ord. 1354-21 § 2 (Att. A); Ord. 1418-25, 7/24/2025)
§ 16.32.050 Design standards for lots fronting on Main Street.
A.
Building Character.
1.
The general form of structures must be primarily simple, three-dimensional forms characteristic of 20th century main streets that promote a pedestrian-friendly environment and orient themselves toward the street, as shown in the following image.
 Figure 1: Bozeman, MT. Buildings are simple boxes with ornamental front facades. Ground floors are detailed differently than upper floors and often include large storefront windows. Upper story windows have vertical aspects, are often paired, and arranged in repeating, evenly spaced patterns. Materials are usually brick or stone with small amounts of complimentary colors added to secondary elements such as window frames. The top of the buildings include some form of decorative cornice or detailing within the facade material. |
B.
Pedestrian-Friendly Environment. Projects must use at least one of the following methods to promote a pedestrian-friendly environment where buildings face public streets:
1.
Include entrances into retail or commercial ground floor uses at least every 30 feet along the front façade.
2.
Incorporate overhead weather protection along 90% of the frontage with awnings or arcades. The weather protection must be at least six feet deep.
3.
Design front facades with at least 60% transparency at street level.
4.
Set buildings back to provide space for additional sidewalks and cafe seating areas. Buildings cannot be set back farther than eight feet for their total width or 10 feet for up to 15 feet of width.
C.
Materials and Details.
1.
Traditional main street character refers to a collection of structures designed and built in the early 20th century when commercial buildings were composed of simple forms and constructed of commonly available materials such as brick, masonry, cast stone and timber.
a.
Building exteriors must be constructed from durable materials. Building facades must be clad with at least 70% of at least one of the following materials. Other materials will be subject to approval by the city.
i.
Brick.
ii.
Stone or cast stone, not including rubble masonry, or other uneven patterns.
 Figure 2 Textured stone is permitted. |
 Figure 3 Uneven masonry patterns will not be accepted to fulfill this requirement. |
iii.
Fibre cement panels with a texture reminiscent of the scale and look of traditional mainstreet materials.
 Figure 4 Horizontal offset patterns are permitted. |
 Figure 5 Contemporary, irregular, nonrectilinear patterns will not be accepted to fulfill this requirement. |
 Figure 6 Vertical offset patterns and significant texture variation will not be accepted to fulfill this requirement. |
iv.
Ceramic cladding panels in earth tone colors.
v.
EIFS stucco.
vi.
Treated or engineered wood products.
b.
If concrete or concrete blocks (concrete masonry units or "cinder blocks") are used for walls that are visible from a street then the concrete or concrete block construction must be treated in one or more of the following ways:
2.
The following materials are prohibited in visible locations unless granted by the city when considering the material's integration into the overall design:
a.
High-pressure treated laminate panels or large-scale synthetic panels;
 Figure 7 Large-scale (greater than 12 inches by 18 inches) panel cladding will not be permitted. |
b.
Non-architecturally treated concrete block, or non-architecturally treated tilt-up concrete panels, or standard single or double tee concrete systems; or
c.
Corrugated metal siding. Metal siding may be used as an accent material, but not as a primary material.
3.
All sides of the building must be compliant with the design standards, not just those facing streets.
4.
Corner Lots. Buildings on corner lots face special circumstances. All sides with street frontages must be treated with the same quality of materials and similar architectural detailing as the front and must be visually appealing like the front. Buildings at corners must incorporate two of the following features:
5.
Exterior finish colors are to adhere to the following:
a.
Express the integral color of building materials (e.g., brick, cast stone), be neutral shades of natural colors found in nature in the northwest, may include limited use of approved compatible accent colors. The color of neighboring buildings that comply with this section should be considered when selecting colors for repainting or remodeling of existing structures and for new structures.
6.
New developments must incorporate at least two of the following:
a.
Decorative rooflines or cornices: ornamental molding, entablature, frieze or other roofline device visible from the ground level. If the roofline decoration is in the form of a linear molding or board, then the molding or board must be at least eight inches wide.
b.
Decorative treatment of windows and doors: decorative molding or framing details around all ground floor windows and doors, decorative glazing, or door designs located on facades facing streets.
c.
Decorative building materials, including masonry, shingle, brick or stone or other materials with decorative or textural qualities as approved by the city. Materials used to fulfill this requirement may be used to fulfill other requirements of this chapter.
d.
Belt courses or bands of contrasting color, texture, or material articulating each floor level.
e.
Paired, double hung windows at upper levels facing streets (at least 70% of windows must meet the requirement).
f.
Clearstory windows over primary windows at the first floor.
g.
Mullions or muntins on at least 60% of all windows.
h.
Building "base" in a separate, lighter colored stone, concrete, or textured cement, at least 30 inches, but no more than 48 inches tall, from sidewalk.
i.
Articulation of upper and lower facades such as a change in material or window size and shape.
j.
All brick facade (may be brick panels).
k.
Regularly, evenly spaced and sized upper-level windows.
l.
Recessed entrances (must be at least three feet deep and eight feet wide).
m.
Juliette balconies with decorative railings (must be on at least 30% of windows).
7.
The total square footage of windows along a facade facing a street must be a minimum of 15% of the square footage of the facade.
D.
Projections into the public right-of-way may occur, subject to city approval.
E.
Building Entries.
1.
Building entries must have direct access to the public sidewalk. If this is not possible, then entries may be on the side of buildings but must be visible from the street and connected by a pedestrian pathway.
2.
A covered entry or canopy that provides an area to wait near the front door out of the weather must be included.
F.
Setbacks.
1.
Setbacks for the Urban Center Zone as outlined in SMC § 16.12.050F, Table of Dimension and Density Requirements, must apply except as outlined below.
2.
For all nonresidential uses and multifamily development, the following must apply:
a.
All structures must abut or be located as near as feasible to the sidewalk(s) falling within adjacent public rights-of-way. Where a structure is recessed from the public sidewalk, a private extension of the sidewalk must be installed so as to widen the sidewalk up to the building front.
b.
Where possible, buildings built in the urban center per this section must be adjoining or appearing so, to create a continuous facade along a street.
 Figure 9 Continuous facade, Franklin, TN |
c.
In no case must any structure be located within any existing or planned future right-of-way.
G.
Parking.
1.
Where possible, on-site parking must be located in the rear and not adjacent to the street.
2.
Where it is not possible to locate parking in the rear of the building, parking must be screened. See Chapter 16.58 SMC and subsection H of this section for off-street parking screening requirements.
a.
Parking lots with 20 or fewer spaces must have all off-street parking areas separated at least five feet from buildings in order to provide a sidewalk between the building and parking area.
b.
Parking lots with more than 20 spaces must have all off-street parking areas separated at least 10 feet from buildings in order to make room for a sidewalk, landscaping, and other planting between the building and the parking area.
i.
For mixed-use developments, on-site street-level parking areas are not allowed within 25 feet of a public right-of-way unless they are substantially shielded from public view.
3.
Parking structures as seen from the street should be minimized by placing their short dimension along the street edge.
a.
Parking structures must be architecturally consistent with exterior architectural elements of the primary structure, including roof lines, facade design, articulation, modulation and finish materials.
b.
Parking structures and vehicle entrances should be designed to minimize views into the garage interior from surrounding streets. Methods to help minimize such views must include, but are not limited to, landscaping, planters and decorative grilles and screens.
H.
Landscaping.
1.
Landscape standards outlined in Chapter 16.58 SMC must apply. Where standards conflict, the stricter must apply.
2.
Setback areas that are not used for vehicular and pedestrian access must be landscaped.
3.
Street trees must be planted in accordance with the Snohomish County Engineering Design and Development Standards, as adopted in Chapter 11.12 SMC.
4.
Screening. Landscaping must be designed and maintained to screen parking areas from public streets. Screening materials may include a combination of plant materials, earth berms, fences/walls, raised planters, or other screening devices at a minimum height of two feet.
5.
Interior off-street parking areas must have a minimum of 5% of the gross parking lot area landscaped. The planning director may approve a reduction for small infill parking lots where compliance with this standard is not feasible without significantly reducing the number of parking spaces.
a.
Landscaping must be dispersed throughout the parking area and include interior landscape planters and perimeter landscaping.
6.
Tree Requirements for Off-Street Parking Areas.
a.
Trees must be planted and maintained throughout the parking area at a minimum ratio of one tree per eight parking spaces.
b.
Trees in landscape planters less than 10 feet in width or located closer than five feet from a permanent structure must be planted with root barriers or root barrier panels to prevent damage to adjacent structures or pavement.
c.
Along any interior or rear property line abutting residential lots, trees must be planted at least every 10 feet in individual planters.
(Ord. 1354-21 § 2 (Att. A); Ord. 1418-25, 7/24/2025)
§ 16.32.060 Purpose and intent.
The purpose and intent of this article are to:
A.
Support new multifamily residential developments and infill housing through a commitment to good design and respect for the scale of existing neighborhoods.
B.
Improve the living environment and design characteristics of the High Density Residential Zone.
C.
Preserve and enhance the special qualities of existing neighborhoods and create attractive, safe and viable new neighborhoods.
D.
Encourage creativity in site planning and architecture.
(Ord. 1354-21 § 2 (Att. A); Ord. 1418-25, 7/24/2025)
§ 16.32.070 Applicability.
A.
These design standards apply to the design of all buildings over 1,000 square feet, and sites within the High Density Residential (HDR) Zone.
B.
Remodeling or expansion of existing developments are subject to the requirements of this chapter if the cumulative gross floor area is equal or greater than 30% of the existing floor area. The project must meet only those provisions of this chapter that are related and applicable to the area of expansion or remodeling. For all building expansions commenced within a three-year period that increase the building's footprint by more than 100%, such expansions shall conform to all design standards of this chapter.
(Ord. 1354-21 § 2 (Att. A); Ord. 1418-25, 7/24/2025)
§ 16.32.080 Design review process.
A.
Review of permit applications for conformance with the development design standards must be conducted by the planning director or their designee.
B.
Required Findings for Approval.
1.
In order to approve a project as consistent with the development design standards, the planning director must make the following findings:
a.
The proposal complies with the applicable design requirements and standards of this chapter. Specifically, findings must be made for each applicable requirement and standard as to how the project complies.
b.
If the proposal is for minor exterior modifications only, that the proposal demonstrates that the proposed improvements are consistent with the design requirements and standards of this chapter.
C.
Deviations From the Standards of This Chapter.
1.
The community development director may grant deviations from the standards in this chapter only if an alternative is provided that meets the intent of this chapter.
D.
Applications for deviations must be submitted to the community development director, who must then forward them to the planning board at their next available meeting. The applicant will be notified of the planning board's decision within 10 days of such decision.
(Ord. 1354-21 § 2 (Att. A); Ord. 1418-25, 7/24/2025)
§ 16.32.090 General design regulations for HDR Zone.
A.
Walls and Fences.
1.
Walls intended to screen must be of plaster or smooth stucco finish or other approved masonry. They must be designed in a style, materials and color to complement the buildings to which they are attached. Other materials may include wrought iron, tile insets or grillwork.
2.
Both sides of all perimeter walls or fences must be architecturally treated.
B.
Equipment Screening.
1.
Any equipment, whether on the roof, side of building or ground, must be screened. The method of screening must be architecturally compatible with the building in terms of materials, color, shape and size. The screening design must blend with the building design. Where several individual pieces of equipment are provided a continuous screen is required.
a.
Automotive vehicles, trailers, or vehicles of any kind or type, requiring licenses, but without current plates or inoperable, must not be parked in the HDR Zone unless parked within a completely enclosed building.
(Ord. 1354-21 § 2 (Att. A); Ord. 1418-25, 7/24/2025)
§ 16.32.100 Design standards for residential development.
A.
Landscaping.
1.
Landscape standards outlined in Chapter 16.58 SMC must apply. Where standards conflict, the stricter must apply.
2.
All projects must meet a minimum landscape coverage of 30% for lot area.
a.
Exceptions. The minimum landscape coverage requirements may be reduced by the planning director if a finding is made that it is impractical or infeasible to meet the minimum standards and the proposed landscaping is in compliance with the purpose of this chapter.
3.
Paving must be limited to a maximum of 50% of the front or street side setback areas in order to limit the amount of hardscape paving in these areas.
a.
Exceptions. The planning director may allow an increase for irregularly shaped or small lots that lack sufficient area for adequate driveway and pedestrian access.
4.
Front and street-side setback areas, excluding approved driveway entrances, maneuvering areas, and public sidewalks, must be landscaped with plant materials or a combination of plant materials and permeable surfaces and must be permanently maintained in a neat and orderly manner.
a.
In front setback nonliving materials may be used as ground cover including but not limited to: wood chips, bark, decorative rock, and stone.
5.
All interior open space areas must be landscaped with live landscaping.
B.
Buildings on corner sites must be designed with two facades of equal architectural expression.
C.
Roofs.
1.
Along any frontage, the building must include a decorative parapet and/or a pitched roof with a visible eave from the sidewalk.
2.
Large expanses of roof facing the right-of-way, over 1,500 square feet in horizontal area, must have dormers or gables to break up the roof mass.
3.
Predominant roof materials must be material such as, but not limited to: wood shake shingles, clay or concrete tiles, standing seam baked enamel steel metal roofs, or composition wood and asphalt shingles. Flat or corrugated metal roofs are prohibited.
(Ord. 1418-25, 7/24/2025)
§ 16.36.010 Intent.
These standards are intended to be used in areas of the city where stacked, mixed-use buildings are desired to promote a more walkable, pedestrian-friendly environment, and provide basic services within easy access to the community.
These standards have been formulated to achieve a mix of residential and nonresidential uses within a desired building form. The standards are intended to give more flexibility to developers and designers to improve the feasibility of mixed-use development. In return, it is expected that developers and designers will positively contribute to the goals outlined in the comprehensive plan.
(Ord. 1418-25, 7/24/2025)
§ 16.36.020 Applicability.
The following form-based standards may be used in lieu of the use-based standards established in SMC § 16.12 if the proposed development meets all of the following criteria:
A.
The lot is zoned for either NC or HOC.
B.
The building(s) contain a residential use and at least one other use. Uses must be permitted in the underlying zone.
C.
At least 40% of the floor area on the ground floor must be dedicated and designed for non-residential uses, such as service, retail, or dining.
(Ord. 1418-25, 7/24/2025)
§ 16.36.030 Form-based standards for mixed-use development.
A.
There is no minimum lot size required when using these standards, only a minimum lot width measured along a public right-of-way.
B.
There are no residential density limits when these mixed-use standards are used; however, living spaces must still comply with the applicable building code requirements.
C.
Parking cannot be between the building and the primary street. The primary will be the street with the highest volume. The community development director may allow applicants to use a different street as the primary if the applicant shows that this would lead to a more pedestrian-friendly and walkable design, and would better serve the goals and policies of the comprehensive plan.
D.
Additional standards are set out in the tables below for the NC and HOC Zones.
E.
Lot and Building Placement (see diagram and table below).
 |
NC | HOC | ||
|---|---|---|---|
Lot and Building Placement | |||
A | Lot width (min) [without driveway/with driveway] | 30 ft/40 ft | 40 ft/50 ft |
Setbacks/Build to | |||
B | Street build to (min/max) | 0 ft/10 ft | 25 ft/35 ft |
C | Interior side setback (min) | 0 ft | 3 ft |
D | Interior rear setback [alley/no alley] (min) | 10 ft/15 ft | 15 ft/25 ft |
Coverage | |||
E | Building coverage (max) | 65% | 85% |
F.
Building Form (see diagram and table below).
 |
NC | HOC | ||
|---|---|---|---|
Building Form | |||
A | Height (max) | 30 ft/35 ft with pitched roof | 4 stories and 48 ft (excluding flood pedestals) |
B | Upper level stepbacks | none | 8 ft back above a height of 15 ft. For buildings over 45 ft in total height, add 1 ft of setback for each additional foot of height. The additional setback may occur anywhere between 15 ft and 45 ft above grade (includes flood pedestals). |
C | Street-facing entries (min) | 1 per 30 linear bldg ft | 1 per 40 linear bldg ft |
D | Ground floor transparency (min), measured between 2 ft and 10 ft above finished grade | ||
Residential | 35% | 30% | |
Nonresidential | 50% | 50% | |
(Ord. 1418-25, 7/24/2025)
§ 16.36.040 Intent.
This article is intended to expand on the standards for detached residential building forms established in SMC § 16.12 as determined by the permitted residential uses in each zoning district.
(Ord. 1418-25, 7/24/2025)
§ 16.36.050 Applicability.
The form-based standards in this article are aligned with the density and dimensional standards for each zoning district in SMC § 16.12. Detached residential building forms are permitted in the following zones: | |
A. | LDR |
B. | MDR |
C. | HDR |
D. | NC |
E. | UC |
F. | RO |
The following residential uses are permitted for applying detached building form standards provided the use is allowed in the underlying zone: | |
A. | Single-family detached dwellings; |
B. | Group homes; |
C. | Home occupations; |
D. | Guest houses; |
E. | Transitional housing; and |
F. | Permanent supportive housing |
Cottage housing is subject to the standards in SMC § 16.36.170 to 200. | |
(Ord. 1418-25, 7/24/2025)
§ 16.36.060 Form-based standards for detached residential.
A.
Lot, Building Setbacks, and Building Form (see diagram and table below).
 |
LDR | MDR | HDR | NC | UC | RO | ||
|---|---|---|---|---|---|---|---|
Lot and Building Placement | |||||||
A | Lot Area (min) | 8,600 sq. ft. | 4,500 sq. ft. | 3,000 sq. ft. per unit | 3,000 sq. ft. per unit | 2,500 sq. ft. per unit | n/a |
Setbacks | |||||||
B | Front Yard (min) | 20 ft | 20 ft | 15 ft | 15 ft | 15 ft | 20 ft |
C | Each Side (min) | 5 ft | 5 ft | 5 ft | 10 ft | IBC | 5 ft |
D | Rear Yard (min) | 15 ft | 10 ft | 10 ft | 10 ft | 10 ft | 10 ft |
Coverage | |||||||
Lot Coverage (max) | 50% | 60% | 60% | 60% | 80% | 60% | |
Building Form | |||||||
E | Building Height (max) [stories/ft] | 30 ft | 30 ft | 30 ft | 30 ft | 3 stories/35 ft | 3 stories/ 30 ft |
(Ord. 1418-25, 7/24/2025)
§ 16.36.070 Intent.
This article is intended to expand on the standards for attached residential building forms established in SMC § 16.12 as determined by the permitted residential uses in each zoning district.
(Ord. 1418-25, 7/24/2025)
§ 16.36.080 Applicability.
The form-based standards in this article are aligned with the density and dimensional standards for each zoning district in SMC § 16.12. Attached residential building forms are permitted in the following zones: | |
A. | MDR |
B. | HDR |
C. | NC |
D. | UC |
E. | HOC |
F. | RO |
The following residential uses are permitted for applying attached building form standards provided the use is allowed in the underlying zone: | |
A. | Duplexes/two-family dwellings; |
B. | Townhouses; and |
C. | Live/work dwelling units |
(Ord. 1418-25, 7/24/2025)
§ 16.36.090 Form-based standards for attached residential.
A.
Lot, Building Setbacks, and Building Form (see diagram and table below).
 |
MDR | HDR/NC | UC | HOC | RO | ||
|---|---|---|---|---|---|---|
Lot and Building Placement | ||||||
A | Lot Area (min) | 3,500 sq. ft. per unit | 2,000 sq. ft. per unit | 1,800 sq. ft. per unit | 1,500 sq. ft. per unit | n/a |
Setbacks | ||||||
B | Front Yard (min) | 20 ft | 15 ft | 10 ft | 100 ft | 0 ft |
C | Each Side (min) | 5 ft | 5 ft | 5 ft | 10 ft | 5 ft |
D | Rear Yard (min) | 10 ft | 10 ft | 10 ft | 15 ft | 15 ft |
Coverage | ||||||
Lot Coverage (max) | 60% | 60% | 80% | 85% | 60% | |
Building Form | ||||||
E | Building Height (max) [stories/ft] | 30 ft | 30 ft | 3 stories/35 ft | 3 stories/35 ft | 3 stories/30 ft |
(Ord. 1418-25, 7/24/2025)
§ 16.36.100 Intent.
This article is intended to illustrate the standards for stacked residential building forms established in SMC § 16.12 as determined by the permitted residential uses in each zoning district.
(Ord. 1418-25, 7/24/2025)
§ 16.36.110 Applicability.
The form-based standards in this article are aligned with the density and dimensional standards for each zoning district in SMC § 16.12. Stacked residential building forms are permitted in the following zones: | |
A. | HDR |
B. | NC |
C. | UC |
D. | HOC |
E. | RO |
The following residential uses are permitted for applying stacked building form standards provided the use is allowed in the underlying zone: | |
A. | Apartments/multifamily dwellings; |
B. | Transitional housing; and |
C. | Permanent supportive housing |
(Ord. 1418-25, 7/24/2025)
§ 16.36.120 Form-based standards for stacked residential.
A.
Lot, Building Setbacks, and Building Form (see diagram and table below).
 |
HDR | NC | UC | HOC | RO | ||
|---|---|---|---|---|---|---|
Lot and Building Placement | ||||||
A | Lot Area (min) | 8,000 sq. ft. for first 4 units + 1,000 sq. ft. for each additional unit | 8,000 sq. ft. for first 4 units + 1,000 sq. ft. for each additional unit | 8,000 sq. ft. for first 5 units + 1,000 sq. ft. for each additional unit | 8,000 sq. ft. for first 6 units + 1,000 sq. ft. for each additional unit | n/a |
Setbacks | ||||||
B | Front Yard (min) | 15 ft | 15 ft | 10 ft | 25 ft | 25 ft |
C | Each Side (min) | 5 ft | 10 ft | 10 ft | 10 ft | 5 ft |
D | Rear Yard (min) | 15 ft | 15 ft | 10 ft | 15 ft | 15 ft |
Coverage | ||||||
Lot Coverage (max) | 60% | 60% | 80% | 85% | 80% | |
Building Form | ||||||
E | Building Height (max) [stories/ft] | 30 ft | 30 ft | 3/35 | 4/45 | 3/30 |
(Ord. 1418-25, 7/24/2025)
§ 16.36.130 Intent.
This article is intended to illustrate the standards for accessory residential building forms established in SMC § 16.12 as determined by the permitted residential uses in each zoning district.
(Ord. 1418-25, 7/24/2025)
§ 16.36.140 Applicability.
The form-based standards in this article are aligned with the density and dimensional standards for each zoning district in SMC § 16.12. Accessory residential building forms are permitted in the following zones: | |
A. | LDR |
B. | MDR |
C. | HDR |
D. | NC |
E. | UC |
F. | RO |
The following residential uses are permitted for applying detached building form standards provided the use is allowed in the underlying zone: | |
A. | Accessory buildings and structures to single-family and two-family dwellings; and |
B. | Accessory dwelling units (ADUs) |
(Ord. 1418-25, 7/24/2025)
§ 16.36.150 Lot configurations for accessory dwelling units.
A maximum of two accessory dwelling units are permitted per lot. The following ADU configurations are allowed provided the dimensional standards of the underlying zone are met.
A.
One attached ADU and one detached ADU.
B.
Two attached ADUs.
C.
Two detached ADUs in any configuration.
The conversion of an existing accessory structure, such as a garage, into an ADU is permitted provided the conversion meets the requirements in SMC § 16.20.100.
(Ord. 1418-25, 7/24/2025)
§ 16.36.160 Form-based standards for accessory dwelling units.
A.
Lot, Building Setbacks, and Building Form (see diagram and table below).
 |
LDR | MDR | HDR | NC | UC | RO | ||
|---|---|---|---|---|---|---|---|
Lot and Building Placement | |||||||
Lot Area (min) | n/a | n/a | n/a | n/a | n/a | n/a | |
Setbacks | |||||||
A | Front Yard (min) | 10 ft behind the primary structure unless a conversion of existing structure | |||||
B | Each Side (min) | 5 ft | 5 ft | 5 ft | 10 ft | 10 ft | 5 ft |
C | Rear Yard (min) | 5 ft | 5 ft | 5 ft | 5 ft | 5 ft | 5 ft |
Coverage | |||||||
Lot Coverage (max) | 50% | 60% | 60% | 60% | 80% | 60% | |
Building Form | |||||||
D | Building Height (max) | 24 ft | |||||
Floor Area (max) | 1,000 sq. ft. per unit | ||||||
(Ord. 1418-25, 7/24/2025)
§ 16.36.170 Intent.
Cottage housing is intended to be a more community-minded, smaller scale alternative to typical development in Sultan's residential zones. Smaller buildings create opportunities for higher densities while also allowing for a more sensitive response to vegetation, topography, and drainage.
Ideally, cottage housing will take the form of compact homes clustered in pockets around shared yards. Unit clustering promotes a sense of community while providing flexibility to preserve site topography by minimizing grading, maintaining natural drainage patterns, and retaining existing vegetation. New landscaping should blend with or reinstate existing forest ecosystems. The presence of vehicles should be minimized. Opportunities to walk and bike around the site should be prioritized, and connections to existing trail systems within the neighborhood are encouraged.
(Ord. 1418-25, 7/24/2025)
§ 16.36.180 Applicability.
§ 16.36.190 Site design principles.
A.
Site Entry. Cottage developments should have welcoming pedestrian entrances facing the public right of way. Pedestrian entrances may incorporate gates, trellises, landscaping, benches, stacked stones, pillars, or other inviting ornamental features.
B.
Private Yards. Private yards help to ensure the ongoing maintenance and sense of ownership within the site. Each unit must have an associated private yard that is clearly defined through the use of low fences, low stone walls, plantings, paving, or similar features. Private yards should encompass a series of spaces around the perimeter of a unit, creating a transitional buffer zone between the unit and the rest of the development. Providing private yard space with several different exposures, and access to sunlight at different times of year, is encouraged. Private yards may encroach into setbacks. Private yards may be forested.
C.
Roofs. Gables, dormers, shed roofs, shed dormers, and upper-level decks are all permitted as long as all roofs conform to the minimum pitch standards.
(Ord. 1418-25, 7/24/2025)
§ 16.36.200 Cottage housing standards.
A.
Lot and Building Placement (see diagram and table below).
 |
LDR | MDR | HDR/NC | ||
|---|---|---|---|---|
Lot and Building Placement | ||||
A | Lot Area (min) | 4,000 sq. ft. per unit | 2,500 sq. ft. per unit | 1,500 sq. ft. per unit |
B | Building Coverage (max) | 50% | 60% | 60% |
Building Placement | ||||
C | Front Yard Setback (min) | 20 ft | 20 ft | 15 ft |
D | Interior Side Yard Setback (min) | 5 ft | 5 ft | 5 ft |
E | Rear Yard Setback [alley/no alley] (min) | 10 ft/15 ft | 5 ft/10 ft | 5 ft/10 ft |
F | Building Spacing (min) | 15 ft | 10 ft | 10 ft |
G | Unit Clustering (min) | 75% of all units must be included in a cluster | ||
B.
Building Form (see diagram and table below).
 |
Building Form | |||
Two types of cottages are permitted to maximize flexibility in building placement and lot coverage while retaining existing site features. Projects are encouraged to mix cottage types to provide increased housing diversity. Building form must conform to the standards in either Type A or B cottages. Standards for Type A and B cannot be mixed within the same unit but may be mixed within the same development. Alternative building configurations will be considered through administrative review if warranted by significant site features such as dense forest, large trees, steep hills, or other sensitive areas. | |||
Height & Massing | Type A | Type B | |
A | Height (max) [stories/ft] | 1.5/26 ft | 2/28 ft |
Building Footprint/Floor Area (max per building) | 800 sq ft footprint | 1,400 sq ft floor area | |
B | Roof Pitch | primary roof: 6:12 dormer roof: 4:12 | primary roof: 6:12 dormer roof: 4:12 |
Street- or Shared Yard-Facing Entrances Required | |||
Front Porches: Every unit must have a covered entry porch oriented toward common space or street. The porch must be open on at least two sides and not be enclosed. Each porch must have a minimum area of 70 sf. Porches must be associated with the primary point of entry. Porches may encroach into primary and side street setbacks. | |||
Orientation: At least 75% of interior-unit entries must face a shared yard. Street-adjacent-units must be oriented so that: | |||
1. | An entrance faces the public ROW; or | ||
2. | So that the primary entrance facade is set within 90 degrees to and visible from the public ROW; or | ||
3. | They are oriented towards a shared yard and screened with a minimum 15-foot landscape buffer so as not to be visible from the ROW. The landscape buffer may be in the setback. | ||
(Ord. 1418-25, 7/24/2025)
§ 16.58.010 Purpose.
The objectives of this chapter are to improve the appearance of certain setback and yard areas, including off-street vehicular parking and open-lot sales and service areas; and to protect and preserve the appearance, character, and value of the surrounding neighborhoods and commercial businesses to thereby promote the general welfare by providing for installation and maintenance of landscaping for screening and aesthetic qualities of the city.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.020 Enforcement.
These standards shall be considered as minimum requirements and shall apply to all new development (except a seasonal parking facility, single-family detached dwelling units and duplexes to be built on their own lot and not part of a subdivision) in the city that received preliminary plat approval before the effective date of the ordinance codified in this chapter.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.030 Installation.
All landscaping shall be installed in a sound, professional manner with the quality of plant materials as hereinafter described. All elements of landscaping shall be installed so as to meet all other applicable code requirements. Landscaped areas shall require protection from vehicular encroachment as hereinafter provided in SMC §§ 16.58.220 and 16.58.230. The community development director shall inspect all landscaping and no certificates of occupancy shall be issued until the landscaping meets the requirements provided herein.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.040 Maintenance.
The owner, tenant and/or manager or agent of any property that is required to be developed in accordance with these standards shall be jointly and severally responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat, and orderly appearance, and shall be kept free from refuse and debris.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.050 Existing plant material.
In instances where healthy plant material exists on a site prior to its development, in part or in whole, for the purpose of providing landscaping for off-street parking or other vehicular use areas, the community development director may adjust the application of these standards to allow credit for existing plant material if, in his or her written opinion, such an adjustment is in keeping with and will preserve the intent of these standards.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.060 Landscaping requirements for certain yard areas and vehicular use areas.
These standards apply to all areas used for the display or parking of any and all types of vehicles, boats, or heavy construction equipment, whether such vehicles, boats, or equipment are self-propelled or not; and all land upon which vehicles traverse the property as a function of the primary use, including but not limited to activities of a drive-in nature, such as gasoline filling and/or service stations, grocery stores, banks, restaurants, and the like. The development of these activities shall conform to the minimum landscaping requirements hereinafter provided.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.070 Plant material standards.
A.
Quality. Plant materials used in conformance with the provisions of these standards shall be free of any disease at the time of planting. All plant materials shall be examined by the building, zoning official, city construction inspector one year from the date of their installation and any ground cover, shrubs, or trees found to be in a less than healthy and growing condition shall be replaced by the owner, developer, or their agent.
B.
Trees. All plant material designated as "trees" on an approved site plan shall be species that are rated as having an average mature spread of crown of greater than 10 feet in the State of Washington. Tree species shall be a minimum of seven feet in overall height measured from the top of the root collar at the time of planting. Trees of species whose roots are known to cause damage to roadways or other public works shall not be planted closer than 12 feet to any roadway, water line or sewer line, unless the tree root system is completely contained within a barrier form, of which the interior containing dimensions shall be five feet square and five feet deep, and for which the construction requirements shall be four-inch thick concrete reinforced with No. 6 road mesh (six by six by six) or equivalent. A list of such tree species shall be maintained by the community development director for the guidance of the public.
C.
Shrubs and Hedges. Shrubs shall be a minimum of two feet in height when measured at the time of planting. Hedges, where required, shall be planted and maintained so as to establish a continuous, unbroken, solid visual screen within a maximum of one year from the date of installation.
D.
Vines. Vines shall be a minimum of 30 inches in length at the time of installation and may be used in conjunction with fences, screens, or walls.
E.
Ground Covers. Ground covers used in lieu of grass shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within three months after installation.
F.
Lawn Grass. Grass areas shall be planted in species successfully grown as permanent lawns in the State of Washington. Grass areas may be sodded, plugged, sprigged, or seeded, except that solid sod shall be used in areas subject to erosion.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.080 Landscape design standards.
The following standards shall be considered the minimum requirements for the installation of all plant materials in the City of Sultan.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.090 Minimum tree and shrub planting or preservation requirements.
A.
General. Trees shall not be placed so as to interfere with site drainage, or where they shall require frequent pruning to avoid interference with overhead power and utility lines. Unless otherwise provided in these standards, a minimum number of trees shall be planted or preserved on each site, as follows:
1.
Single-Family Residential Lots. One tree shall be planted or preserved for every 5,000 square feet of area or fraction thereof of a single-family residential lot. Trees larger than the minimum size may be credited as indicated in Table 16.58-B contained in these standards.
2.
Multifamily Residential or Nonresidential Lots. One tree shall be planted or preserved for every 2,000 square feet of lot area or fraction thereof of either a multifamily residential or nonresidential lot. Trees larger than the minimum size may be credited as indicated in Table 16.58-B contained within these standards. Additional trees preserved on each lot shall only count for that lot/unit.
B.
Large Wall Treatment. Wall treatment or landscaping shall be used to soften the impact of large blank walls of multifamily or nonresidential structures. The purpose of this requirement is to incorporate these large structures into the surrounding landscaping and to create a natural and enjoyable work and living environment. Screening or wall treatment shall be installed at a minimum of 10 feet in height and plant material installed shall meet the minimum height requirements of this section.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.100 Allocation of trees to satisfy minimum planting requirements.
A.
Where Trees May Be Credited. Trees required to be planted or preserved by these standards shall be used to satisfy the following requirements of other sections of this zoning code, including:
B.
Where Trees May Not Be Credited. Trees required to be planted or preserved by these standards that lie outside the property lines of the subject site may not be credited in the tabulation of the required number of trees to be provided.
C.
General. In enacting this minimum tree planting requirement, it is the intent to require that a canopy of trees be developed throughout any site proposed for development. This subsection establishes a formula for allocating a certain number of trees to each subarea in a site development. Preservation areas are excluded from the total area in calculating the tree planting requirements as an incentive to preserve significant vegetation. The actual number of trees to be planted or preserved will be established on the individual site development plan(s).
D.
Allocation Formula. The minimum number of trees required to be planted or preserved within a site shall be determined by applying the formula established in these standards in SMC § 16.58.090. The minimum number of trees required to be planted in a subarea or phase shall be in proportion to the total number of trees required to be planted in the overall site development. This proportion shall be determined by calculating the percent of the subarea or phase relative to the total site proposed for development.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.110 Tree planting standards.
Immediately upon planting, trees shall be a minimum of seven feet in trunk height and shall have a minimum caliper of one and one-half inches measured from a height of six inches above the ground.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.120 Tree species mix.
When more than 10 trees are required to be planted, a mix of species shall be provided. The number of species to be planted shall vary according to the total number of trees required. The minimum number of species to be planted is indicated in the following table. Species shall be planted in proportion to the required mix. This species mix shall not apply to areas of vegetation required to be preserved by law.
Table 16.58-A: Required Species Mix for New Site Development | |
|---|---|
Required Number of Trees | Minimum of Species |
11 - 20 | 2 |
21 - 30 | 3 |
31 - 40 | 4 |
41 or more | 5 |
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.130 Shrub planting standards.
Shrubs required to be planted in accordance with these standards shall be a minimum of 24 inches in height from the top of the root collar at the time of planting, and spaced 18 to 36 inches on center. Spacing of individual plants shall depend on the types of shrubs that are to be installed. Exceptions and/or substitutions from this requirement may be approved by the community development director to promote the use of slow growing or native plant material.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.140 Use of larger tree sizes.
Credits for the use of larger trees than the minimum required size will be as indicated in the following table. Fractional measurements shall be attributed to the next lowest category.
Table 16.58-B: Calculation of Tree-Size Credits in New Site Development | ||||
|---|---|---|---|---|
Crown Spread of Proposed Trees | and | Height at Planting of Proposed Trees | = | Number of Tree Credits |
14 or more feet | and | 25 feet or more | = | 4 |
10 - 13 feet | and | 17 - 24 feet | = | 3 |
6 - 9 feet | and | 11 - 16 feet | = | 2 |
less than 6 feet | and | 10 feet or less | = | 1 |
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.150 Use of native plant materials.
Trees and other vegetation shall be planted in soil and climatic conditions which are appropriate for their growth habits and characteristics. Plants used in landscape design pursuant to this section shall, to the greatest extent possible, be:
A.
Appropriate to the conditions in which they are to be planted;
B.
Have noninvasive growth habits;
C.
Encourage low maintenance, high quality design; and
D.
Be otherwise consistent with the intent of these standards.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.160 Use of adapted plant materials.
The use of plant materials adapted to the vicinity of the development is encouraged to reduce water consumption, general maintenance, and the dependence on fertilizers and insecticides.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.170 Replacement requirements.
Vegetation that is required to be planted or preserved by these standards shall be replaced with equivalent vegetation if it is not living within one year of the issuance of an occupancy permit. Preserved trees for which credit was awarded that die within one year from the date of issuance of an occupancy permit shall be replaced by the required number of living trees as established in these standards.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.180 Maintenance standards for cultivated landscape areas.
The owner or agent of land subject to these standards shall be responsible for the maintenance of said land in good condition so as to present a healthy and neat appearance, and said land shall be kept free from refuse and debris.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.190 Landscape plan requirements.
A.
General. Prior to the issuance of any building permit for any development other than a single- or two family home on its own lot, a landscape plan shall be submitted to the community development director for review and approval.
B.
Contents of Landscape Plans. Landscape plans shall:
1.
Be drawn to scale of preliminary site plan and include dimensions and distances;
2.
Delineate existing and proposed parking spaces and/or other vehicular use areas;
3.
Designate by name and location all plant material to be installed or preserved in accordance with these or any other applicable standards;
4.
Identify and describe all other landscape material and elements proposed to be used;
5.
Show all landscape features, including areas of vegetation to be preserved in relationship to all existing or proposed building and/or any other improvements to the site;
6.
Include a tabular summary clearly indicating the relevant statistical information necessary for the community development director to determine compliance with the provisions of these standards. This information shall include gross acreage, square footage of vegetation preservation areas, the number of trees to be planted or preserved, square footage of paved areas, and such other information as the community development director may require.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.200 Required landscaping adjacent to public rights-of-way.
On the site of a building providing an off-street parking area or other vehicular use area, where such area will not be entirely screened visually by an intervening building or structure from any abutting right of-way, there shall be provided landscaping between such area and such right-of-way, as follows:
A.
A strip of land at least five feet in width, located between the abutting right-of-way and the off-street parking areas or other vehicular use area, which is exposed to an abutting right-of-way, shall be landscaped. Such landscaping shall include one tree for each 25 lineal feet or fraction thereof. Such trees shall be located between the abutting right-of-way and off-street parking or other vehicular use area and shall be installed in a planting area of at least 25 square feet, with one dimension being at least five feet. In addition, a hedge at least two feet in height shall be placed along the perimeter of such landscaped strip. The remainder of the required landscaped areas shall be planted with grass, ground cover, or other landscape treatment, excluding paving.
B.
All property abutting a right-of-way, other than the required landscaped strip lying between the right of-way and off-street parking or other vehicular use areas, shall be landscaped with, at a minimum, grass or other ground cover.
C.
Necessary access ways from the public right-of-way through all such landscaping shall be permitted to service the parking or other vehicular use area. Such access ways, however, may not be subtracted from the lineal dimension used to determine the number of trees required.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.210 Perimeter landscaping relating to abutting properties.
A.
On the site of a building or structure providing an off-street parking or other vehicular use area, where such areas will not be entirely visually screened by an intervening building or structure from any abutting property, that portion of such area not so screened shall be provided with a hedge that is determined to attain, at maturity, not greater than eight feet, nor less than 3 1/2 feet in height, to form a continuous screen between the off-street parking or other vehicular use areas and such abutting property. This landscaped barrier shall be located between the common lot line and the off-street parking or other vehicular use area exposed to the abutting property. All plant materials shall be installed in a planting strip not less than two and one-half feet in width.
B.
Additionally, one tree shall be provided for each 25 lineal feet of landscape barrier, or fractional part thereof. Such trees shall be located between the common lot line and the off-street parking or vehicular use area. Each tree shall be installed within a 25-square-foot planting area, and no dimension of this area shall be less than five feet. Each such planting area shall be landscaped with grass, ground cover or other landscape material, excluding paving, in addition to the required tree.
C.
Exceptions. The provisions of this section shall not be required to be met in the following situations:
1.
Where a proposed parking or other vehicular use area abuts an existing hedge, wall, or other durable landscaping barrier on an abutting property, said existing barrier may be used to satisfy the landscape barrier requirements of this subsection; provided that said barrier meets all applicable standards of this law, and protection against vehicular encroachment is provided for by hedges.
2.
Where the abutting property is zoned or used for nonresidential activities, only the tree provision with its planting areas as prescribed in this section shall be required.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.220 Parking area interior landscaping.
A.
Off-street parking areas shall have at least 10 square feet of interior landscaping for each parking space, excluding those spaces abutting a perimeter for which landscaping is required by any other section of this zoning code, and excluding all parking spaces that are directly served by an aisle abutting and running parallel to such a perimeter.
B.
Additionally, other vehicular use areas shall have one square foot of landscaped area for each 100 square feet of paved area or fraction thereof for the first 10,000 square feet of paved surface, plus one square foot of landscaped area for each 200 square feet or fraction thereof of paved area for all pavement surfaces over 10,000 square feet.
C.
Where the property contains both parking and other vehicular use areas (off-street loading space, for example), the two types of areas shall be separated for the purpose of determining the landscape requirements of the other vehicular use area. Each separate landscaped area shall contain a minimum of 50 square feet and shall have a minimum dimension along any one side of five feet.
D.
Each separate landscaped area shall include at least one tree having a clear trunk of at least five feet, with the remaining area landscaped with shrubs, ground cover, or other vegetative material not to exceed three feet in height.
E.
The total number of trees shall be not less than one for each 100 square feet or fraction thereof of required interior landscaped area. Such landscaped areas shall be located in such a manner as to visually divide and break up the expanse of parking.
F.
The front of a vehicle may encroach upon any interior landscaped area when said area is at least 3 1/2 feet in depth per abutting parking space and protected by wheel stops or curbing. Two feet of said landscaped area may be part of the required depth of each abutting parking space.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.230 Sight distance for landscaping adjacent to public rights-of-way and points of access.
When a driveway or other vehicle access way intersects a public right-of-way, or when a subject property abuts the intersection of two or more public rights-of-way, all landscaping within the triangle areas described herein shall provide unobstructed cross-visibility at a level between three and six vertical feet; provided, however, that trees shall have their limbs and/or foliage trimmed in such a manner that no visual impediment exists within the cross-visibility area; and further provided that any trees are located in such a manner as to create no traffic safety hazard. Landscaping, except required grass or ground cover, shall not be located closer than three feet from the edge of any access way pavement. The sight clearance triangle areas referred to above are shown on Figure 16.58-1, below.
Figure 16.58-1  |
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.240 Adjustments of standards.
The community development director, upon receipt of an application for adjustment of the landscaping requirements provided herein, and executed and sworn to by the owner of the property concerned or his authorized agent, shall have the authority and duty to consider and act upon such application. The applicant shall clearly and in detail state what adjustment of requirements are being requested and the reasons that such adjustments are warranted. The application shall be accompanied by supplemental data, such as sketches, surveys, and statistical information, as is deemed necessary to support the adjustment. The community development director may approve, modify, or deny the requested adjustment, but shall approve or modify only if he or she determines that any adjustment would not be contrary to the public interest, would be in keeping with and preserve the intent of this chapter, and literal enforcement of the above standards would be impracticable and would result in an unreasonable and unnecessary hardship. The community development director shall act upon any such application within 30 calendar days of its official submission by the applicant. If the department does not take any official action within the aforesaid 30-day period, or if there is no mutually agreed upon extension of the time beyond the 30 days, in writing, between the applicant and the community development director, then the application shall be considered to be approved.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
§ 16.58.250 Other applicable requirements.
The provisions of these standards shall be subject to other applicable codes and regulations where such regulations are more restrictive and are not otherwise inconsistent with the provisions of these standards.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)