Sumas City Zoning Code

The provisions of this title shall apply to both public and private use of land within the corporate limits of the city.

Hereafter, no use shall be conducted, and no building, structure and appurtenance shall be erected, relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the provisions of this title, and then only after securing all permits and approvals required hereby. It shall be unlawful to build or use any building or structure or to use premises in the city for any purpose or use other than one permitted by the terms of this title in the area in which the same is located.

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the general public health, safety and welfare. It is not intended that the provisions of this title interfere with, abrogate or annul any easements, covenants or other agreements between private parties. However, where this ordinance imposes a greater restriction upon the use of land and/or buildings or in general requires higher standards than other ordinances, rules, or private agreements, the provisions of this title shall govern.

No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor issued by the zoning administrator. No building permit shall be issued by the zoning administrator except in conformity with the provisions of this title, unless he receives a written order from the city council in the form of an administrative review, conditional use, or variance as provided by this title.

Building permits or other permits or approvals issued on the basis of plans and applications approved by the zoning administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction.

Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this title, and punishable as provided in Chapter 20.75 hereof.

Zoning code text amendments;

Adoption of and amendment of development regulations;

Area-wide rezones to implement new city policies;

Annexations;

Adoption of and amendment of the comprehensive plan; and

Any nonproject action categorically exempt from SEPA regulations.

Landmark designations;

Street vacations; and

Approvals relating to the use of public areas or facilities.

Class I. Administrative permits or approvals categorically exempt from environmental review under RCW 43.21C and not requiring public notice, including, but not limited to, lot/boundary line adjustments, single-family resident building and/or construction permits accessory thereto and actions for which SEPA review has been completed in connection with other project permits that were subject to this chapter.

Class II. All actions that may require environmental review but that do not require public hearings except for purposes of appeal of the administrative decision, including, but not limited to, short subdivisions, land clearing or grading permits and revisions of shoreline management permits.

Class III. All actions that require environmental review and a public hearing prior to the issuance of the permit or approval, including, but not limited to, preliminary plats, plat vacation or alterations, binding site plan, conditional use permits, site-specific rezones, zoning variances, shoreline substantial development permits, shoreline conditional use permits, shoreline variances and similar actions.

Class IV. Final plat.

Class V. The comprehensive plan amendments, development regulation changes, additions and amendments, zoning text amendments, subdivision planning text amendments and annexations.

Applicants for all classes of actions, with the exception of Class I actions involving structures less than five thousand square feet, shall request and attend a preapplication conference. The purpose of the conference is to discuss the nature of the proposed development, application and permit requirements, fees, review process and schedule, and applicable plans, policies, and regulations.

The discussions at a conference shall not bind or prohibit the city’s future application or enforcement of all applicable law.

Applications for project permits shall be submitted upon forms provided by the administrator. An application shall contain all materials required by the applicable development regulations. The administrator may require such additional information as reasonably necessary to fully evaluate the proposed project.

An application shall contain a verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant or that the applicant has submitted the application with the consent of all owners of the affected property; and the applicant’s declaration that the project permit application contains no known misrepresentations of fact or proposed action or design that, if completed, would result in a structure, improvement, lot or condition in violation of city law.

The application shall contain a designation by the applicant of a single person or entity to receive determinations and notices required by this chapter.

Applications for Class II or III actions shall include self-adhesive address labels, preaddressed to the latest recorded real property owners of all neighboring property (as defined in Section 20.08.020), as shown by the records of the county assessor.

Within twenty-eight days after receiving a project permit application, the city shall mail, personally serve or provide in person its written determination to the applicant stating either:

The determination issued pursuant to this section shall identify, to the extent known by the city, other agencies of local, state, or federal government that may have jurisdiction over some aspect of the application.

A project permit application is complete for purposes of this section when it meets the submission requirements identified in Section 20.08.080 and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination issued pursuant to this section shall not preclude the city from requesting additional information or studies either at the time of issuance or subsequently if new information is required or substantial changes in the proposed action occur.

An application shall be deemed complete under this section if the city does not provide a written determination to the applicant that the application is incomplete as provided in subsection (a)(2) of this section.

If the applicant receives a written determination that an application is incomplete as provided in subsection (a)(2) of this section, the applicant shall have ninety days following receipt of the determination to submit the necessary information to the city. If the applicant fails to submit in writing the required additional information to the city within a ninety-day period, the application shall automatically lapse.

Within fourteen days after an applicant has submitted to the city the additional information identified by the city as being necessary for a complete application, the city shall notify the applicant whether the application is complete or what additional information is necessary. If additional information is again requested, the applicant must, within the remaining part of the ninety day period, resubmit the application with the additional information necessary to complete the application. Notwithstanding the foregoing right to fourteen-day extensions based on an incomplete application, if the applicant fails to submit a complete application within the ninety-day period as set forth in subsection (e) of this section the application shall automatically lapse.

For all Class/ II and Class III applications, the administrator shall prepare and provide a notice of application, as defined hereinabove, for the public and the governmental departments and agencies affected by said application as provided in RCW 36.70B.110. If a declaration or determination of significance under Chapter 43.21C RCW has been made, the notice of application shall be combined with said determination of significance and scoping notice, if the determination of significance and/or scoping notice has not previously been issued.

The notice of application shall be provided within fourteen days after issuance of a determination of completeness pursuant to Section 20.08.090 of this chapter.

The date of the notice of application shall coincide with the date of publication of the notice as provided in subsection (f) of this section.

For all Class III applications, the notice of application shall be provided at least fifteen days prior to the open record hearing.

The notice of application shall include the following information:

The administrator shall publish a summary of the notice of application in the newspaper of legal record and general circulation within the Sumas area and said summary to include at least:

On or before the date of publication under subsection (f) of this section, the administrator shall mail the notice of application to:

Except for a determination of significance, the city shall not issue a threshold determination under Chapter 43.21C RCW or issue a decision or a recommendation on a project permit until the expiration of the public comment period identified in the notice of application.

Fundamental land use planning choices made in adopted comprehensive plans and adopted development regulations shall serve as the foundation for review of project permit applications. During project review, the city shall determine whether the items listed in this subsection are defined in the development regulations applicable to the proposed project or, in the absence of applicable regulations, the comprehensive plan. At a minimum, such applicable regulations or plans shall be determinative of:

During project review, the city shall not reexamine alternatives to or hear appeals on the factors identified in subsection (a) of this section, except for issues of code interpretation.

A project’s consistency with development regulations or, in the absence of.applicable development regulations, the comprehensive plan shall be determined by consideration of the factors identified in subsection (a) of this section and by consideration of the character of the development with reference to any adopted development standards.

Pursuant to RCW 43.21C.240, the city may deter mine that the requirements for environmental analysis and mitigation measures in development regulations and other applicable laws provide adequate mitigation for some or all of a project’s specific adverse environmental impacts to which the requirements apply.

Nothing in this section limits the authority of the city to approve, condition, or deny a project as provided in its development regulations and in its policies adopted under RCW 43.21C.060. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, transportation demand management, or other measures to mitigate a proposal’s probable adverse environmental impacts, if applicable.

Nothing in this section requires documentation of or dictates the city’s procedures for considering consistency or limits the city from asking more specific or related questions with respect to any of the factors identified in subsection (c) of this section.

The city shall hold no more than one open record hearing in relation to a given project permit application, including a consolidated permit application.

A predecision open record hearing pertaining to a project permit application shall not occur prior to fifteen days after issuance of any threshold determination under Chapter 43.21C RCW related to the given application.

The city may combine a hearing on a project permit with a hearing that may be held by another local, state, regional, federal or other agency; provided, that the joint hearing is held within the geographic boundary of the city. The applicant may request that hearings be combined as long as the joint hearing can be held within the time periods specified in Section 20.08.140 of this chapter. In the alternative, the applicant may agree to a different schedule in the event that additional time is needed in order to combine the hearings.

At least ten days prior to a public hearing, the administrator shall:

Notices of public hearings under subsection (d) of this section shall include:

Public hearings shall be conducted in accordance with the following procedures:

For all permit applications involving only Class I and Class II actions, the administrator shall provide a single report stating the decision(s) on the permit(s). The report shall serve as the permit(s). The report shall state any mitigation required under the development regulations or under the city’s authority under RCW 43.21C.060. For Class II applications, the report shall include or append a threshold determination under Chapter 43.21C RCW, if a threshold determination has not been previously issued. The report shall describe applicable deadlines for and methods of appeal. The report shall be provided to the applicant and to any person who, prior to the publication of the report, requested notice of the decision or submitted substantive comments on the application. The report shall be issued within the time limit as described in Section 20.08.140.

For all permit applications involving a Class III action, the city council shall adopt a single report stating the decision(s) on the permit(s). The report shall serve as the permit(s). The report shall state applicable findings of fact and conclusions of law. The report shall state any mitigation required under the development regulations or under the city’s authority under RCW 43.21C.060. The report shall describe applicable deadlines for and methods of appeal. The report shall be provided to the applicant and to any person who, prior to the adoption of the report, requested notice of the decision or submitted substantive comments on the application. The report shall be issued within the time limit described in Section 20.08.140.

For all permit applications involving Class II or Class III actions, the city shall publish a summary of the report of decision in the newspaper of legal record.

Except as otherwise provided in subsection (b) of this section or under RCW 58.17.140, the city shall issue a notice of final decision on a project permit application within one hundred twenty days after the city notifies the applicant that the application is complete, as provided in Section 20.08.090 of this chapter. In determining the number of days that have elapsed after the city has notified the applicant that the application is complete, the following periods shall be excluded:

The time limits established by subsection (a) of this section do not apply if a project permit application:

If the city is unable to issue its final decision within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision.

All administrative interpretations under Section 20.08.170 of this chapter and all administrative decisions regarding all Class I through V permits or actions may be appealed to the city council by parties of record.

An appeal must be filed with the administrator within ten days after the date of the issuance of the oral or written decision or interpretation being appealed. The filing shall contain a concise statement identifying:

Upon filing an appeal, an appellant shall pay a fee as specified in Chapter 20.108 and shall provide self-adhesive address labels preaddressed to the latest recorded real property owners of neighboring property (as defined in Section 20.08.020), as shown by the records of the county assessor.

All appeals related to a given project permit application shall be considered by the city council in a consolidated open record public hearing conducted in accordance with the procedures outlined in Section 20.08.120 of this chapter.

Within ninety days of the filing of an appeal under this section, the city council shall adopt a single report stating the decision(s) on the appeal(s). The report shall be provided to the applicant and to any person who, prior to the adoption of the report, requested notice of the decision. The ninety-day time period may be extended upon mutual agreement of all parties to the appeal.

Natural resource lands include agricultural resource lands, forest resource lands and mineral resource lands. No lands within the city of Sumas or the Sumas urban growth area have been designated for protection as natural resource lands of long-term commercial significance.

The following notification requirements shall apply to all development on properties located in proximity to county-designated natural resource lands of longterm commercial significance:

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines;

Boundaries indicated as approximately following platted lot lines shall be construed as following such lines;

Boundaries indicated as approximately following town limits shall be construed as following such town limits;

Boundaries indicated as following railroad lines shall be construed as midway between the main tracks;

Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines;

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (5) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1) through (6) above, the city council shall interpret the district boundaries.

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

No building or other structure shall hereafter be erected or altered:

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this title, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

No yard or lot existing at the time of passage of this title, shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance codified in this title shall meet at least the minimum requirements established by this title.

No person other than family residing on the premises shall be engaged in such occupation.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent of the usable floor area of the dwelling unit shall be used in the conduct of the home occupation.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign, not exceeding four square feet in area, nonilluminated and mounted on the property.

No traffic shall be generated by such home occupations in greater number than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this title and shall not be located in a required front yard.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lots, if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

On-site hazardous waste storage and treatment facilities shall only be located in those zones where such activity is either permitted or conditionally permitted and only when in compliance with the applicable provisions of this title. All on-site hazardous waste storage and treatment facilities shall comply with the provisions of the State Hazardous Waste Management Act, Chapter 70.105 RCW, and all other state rules and regulations governing the storage and treatment of hazardous waste. No on-site hazardous waste storage and treatment facility shall be permitted to operate within the city without having first obtained an occupancy permit from the zoning administrator.

No occupancy permit shall be issued unless a valid dangerous waste permit has been issued by the state for the facility. Off-site hazardous waste storage and treatment facilities are prohibited within the city.

Mobile homes are not allowed within the city except within an approved mobile home park.

A camper, camp trailer, or recreational vehicle may not be used as a sole structure, a permanent residence, or a principal residence upon any lot within the city.

A camper, camp trailer, or recreational vehicle may be used as a temporary accessory residence upon any lot within the residential zones (RS-6, RS-7, RS-10) for a period not to exceed twenty-one days within any calendar year, provided the vehicle is placed on the lot such that all other zone-specific standards are met (e.g., setbacks, lot coverage, height).

The provisions of this section do not override any legally recorded covenants or deed restrictions of record.

Except as provided in subsection (c) of this section, a manufactured home is not allowed within the city except within a mobile home park.

A new manufactured home, as defined in Section 20.80.030, may be sited on any lot within the residential zones; provided, that the home:

Agriculture; including farming and dairying, horticulture, floriculture, bee keeping; keeping and raising of domestic animals, poultry and livestock; and structures accessory to these activities; provided, that feed-lot operations shall not be permitted.

Open space and environmental restoration.

One single-family residence per legal lot of record, except in those locations where such development would otherwise be prohibited pursuant to the ordinances of the city of Sumas.

Public and private recreational uses.

Other uses compatible with the purpose of the district.

All development on the shoreline of streams within the jurisdiction of the city shoreline program shall comply with the shoreline setback requirement of that program. Where there is a conflict between this chapter and the shoreline program the more restrictive provision shall apply.

On all other streams within the city, all structures and other development shall be set back from the ordinary high water mark a distance of no less than twenty-five feet; provided, that ground level parking lots and parking areas may be set back from the ordinary high water mark a distance of no less than fifteen feet.

Single-family dwelling, including site-built and manufactured;

Accessory buildings such as garage, carport, greenhouse, workshop;

Accessory dwelling units, pursuant to Chapter 20.55;

Private swimming pool;

Adult daycare, subject to administrative conditions addressing hours of operation, parking, and pick-up and drop-off.

Conditional uses in the RM district are as follows:

Mobile homes not meeting the definition of manufactured home under the International Residential Code;

Animal kennels or breeding facilities;

All other uses not otherwise permitted.

All development on the shoreline of streams within the jurisdiction of the city shoreline program shall comply with the shoreline setback requirement of that program.

Where there is a conflict between this chapter and the shoreline program the more restrictive provision shall apply.

On all other streams within the city, all structures and other development shall be set back from the ordinary high water mark a distance of no less than twenty-five feet; provided, that ground level parking lots and parking areas may be set back from the ordinary high water mark a distance of no less than fifteen feet.

Nameplates with a maximum surface of one square foot.

“For Sale” or “For Rent” signs with maximum surface of six square feet, and set back from property line ten feet.

Church, park or school signs with maximum surface of twenty square feet, and set back from property line ten feet.

Illuminated signs shall:

Detached single-family dwellings, including sitebuilt and manufactured;

Accessory buildings such as garage, carport, greenhouse;

Accessory dwelling units, pursuant to Chapter 20.55;

Private swimming pools;

Adult daycare, subject to administrative conditions addressing hours of operation, parking, and pick-up and drop-off.

Duplexes and multiple dwellings;

Attached single-family dwellings on two adjoining lots;

Attached single-family dwellings on up to a maximum of six adjoining lots where located within a planned development established consistent with Section 20.32.140;

Nonprofit club houses;

Churches of all faiths and accessory school and residence;

Public parks, community centers, and public libraries;

Mobile home parks.

Mobile homes outside of a mobile home park;

Attached single-family dwellings on more than two adjoining lots, except within a planned development;

Animal kennels or breeding facilities;

All other uses not otherwise permitted.

All the development on the shoreline of streams within the jurisdiction of the city shoreline program shall comply with the shoreline setback requirement of that program. Where there is a conflict between this chapter and the shoreline program, the more restrictive provision shall apply.

On all other streams within the city, all structures and other development shall be set back from the ordinary high water mark a distance of no less than twenty-five feet; provided, that ground level parking lots and parking areas may be set back from the ordinary high water mark a distance of no less than fifteen feet.

Nameplate with a maximum surface of one square foot;

“For Sale” and “For Rent” signs with maximum surface of six square feet, and set back from property line ten feet;

Church, park or school signs with maximum surface of twenty square feet, and set back from the property line ten feet;

Illuminated signs shall:

Planned developments are those developments authorized in the residential high density zoning district that allow increased variation in lot coverage and dwelling types based on review and approval of a master plan submitted in conjunction with an application for approval of a preliminary plat for a long subdivision pursuant to Division II of this title.

Planned developments may only be approved for those projects located on a minimum of one acre of gross land area. Such developments are not authorized within the developed portions of the city located north of Front Street.

In addition to the information required with an application for preliminary plat approval, the master plan for a planned development shall include the following information: a description of the proposed development, including its purpose and design goals; a listing and description of the dwelling types and other uses planned, as well as their distribution throughout the development; architectural design, landscaping and parking standards proposed; a description of proposed open space and park areas; and other information necessary to allow the city council to review the proposed development.

The development of specific uses within areas approved as planned developments shall be subject to the regulations established in this chapter.

Motels;

Drive-in restaurants;

Car washes;

Restaurants;

Convenience stores;

Electric vehicle battery charging stations.

Retail stores other than convenience stores;

Professional and business offices;

Establishments offering personal services, such as barber and beauty shops, shoe repair, dressmaking and tailoring, cleaning and pressing, coin-operated laundry and dry cleaning;

Financial institutions such as banks, savings and loan associations and finance companies;

Restaurants with cocktail lounges;

Dental and medical offices and clinics;

Schools for business, trade, art and music;

Printing and publishing establishments;

Brokerage offices;

Public libraries;

Government offices and related facilities;

Accessory use to a use permitted in subsections (1) through (11) of this section;

On-site hazardous waste treatment and storage facilities accessory to a use permitted in the district; provided, that in addition to the criteria set forth in Chapter 20.66, the facility also complies with the State Hazardous Waste Siting Standards and the requirements of the State Environmental Policy Act and local environmental standards and regulations;

Service stations; provided, that in addition to the standards for conditional uses set forth in Chapter 20.66 the city council finds that:

No structure on the site, including pump/gas dispenser islands and canopies, shall be located closer than five hundred feet from the property line of any property upon which a service station is presently located.

The horizontal distance between any part of the pump/gas dispenser island the vertical plane of the property line shall be no less than twenty feet.

All aboveground storage tanks shall be completely screened from neighboring uses and be installed and maintained in conformance with the applicable provisions of the Uniform Fire Code edition in effect at the time of application.

All below ground storage tanks shall be installed and maintained in conformance with the applicable provisions of the Uniform Fire Code edition in effect at the time of application, and the Federal Regulations for Underground Storage Tanks, 40 CFR 280.

At least one public restroom for each sex shall be provided. The fixtures in each restroom shall be no less than one water closet and one lavatory. Each restroom shall be accessible by the physically handicapped consistent with the criteria set forth in the State Barrier Free Standards. The restroom facilities shall be available for use by the public and accessible to the physically handicapped during all hours that the service station is open for business.

All development on the shoreline of streams within the jurisdiction of the city shoreline program shall comply with the shoreline setback requirement of that program. Where there is a conflict between this chapter and the shoreline program the more restrictive provision shall apply.

On all other streams within the city, all structures and other development shall be set back from the ordinary high water mark a distance of no less than twenty-five feet; provided, that ground level parking lots and parking areas may be set back from the ordinary high water mark a distance of no less than fifteen feet.

Retail stores;

Professional and business offices;

Establishments offering personal services, such as barber and beauty shops, shoe repair, dressmaking and tailoring, cleaning and pressing, coinoperated laundry and dry cleaning;

Financial institutions such as banks, savings and loan associations, and finance companies;

Restaurants, taverns and cocktail lounges;

Hotels and motels;

Dental and medical offices and clinics;

Schools for business, trade, art and music;

Printing and publishing establishments;

Brokerage offices;

Public libraries;

Government offices and related facilities;

Electric vehicle battery charging stations;

Accessory use to a use permitted in subsections (1) through (13) of this section.

Entertainment and recreational facilities;

Dwelling units above the first story in buildings housing a primary permitted use;

On-site hazardous waste treatment and storage facilities accessory to a use permitted in the district; provided, that in addition to the criteria set forth in Chapter 20.66, the facility also complies with the State Hazardous Waste Siting Standards and the requirements of the State Environmental Policy Act and local environmental standards and regulations;

Theatre or cinema;

Churches, clubs, and lodges;

Veterinary hospital or clinic;

Multifamily dwellings of less than ten units per project on property;

All uses not otherwise identified as permitted or prohibited uses.

All development on the shoreline of streams within the jurisdiction of the city shoreline program shall comply with the shoreline setback requirement of that program. Where there is a conflict between this chapter and the shoreline program the more restrictive provision shall apply.

On all other streams within the city, all structures and other development shall be set back from the ordinary high water mark a distance of no less than twenty-five feet; provided, that ground level parking lots and parking areas may be set back from the ordinary high water mark a distance of no less than fifteen feet.

Single-family dwellings;

Professional and business offices;

Establishments offering personal services, such as barber and beauty shops, shoe repair, coin operated laundry, dry cleaning;

Dental and medical offices and clinics;

Public libraries and museums;

Government offices and related facilities;

Electric vehicle battery charging stations;

Accessory use to a use permitted above.

Financial institutions such as banks, savings and loan associations and finance companies;

Schools for business, trade, art and music;

Printing and publishing establishments;

Veterinary hospital or clinic;

Dwelling units above the first story in buildings housing a primary permitted or conditional use.

Warehousing and wholesaling establishments; excluding the storage and handling of explosives, ammonia, chlorine, and any other similarly dangerous or toxic substance;

Light manufacturing and assembly of products or material, excluding any manufacturing or assembly requiring approval of a conditional use permit pursuant to Section 20.44.030;

Retail sales of products manufactured in the district when accessory to the primary use;

Offices;

Plant nurseries;

Small-scale animal hospitals;

Construction business including contractor’s storage yards and offices;

Food processing and/or production not involving the presence of livestock, such as cattle or chickens, on site, including the manufacturing of value-added food products;

Trucking, warehousing, and parcel delivery operations not involving the storage or transport of garbage or refuse;

Light manufacturing and fabrication, including the fabrication of apparel, textile products, furniture and fixtures, leather products, stone products, glass products, electric equipment, communications equipment, and other products of a similar nature and the manufacturing and fabrication of jewelry, silverware, plate ware, metal products, musical instruments and parts, toys, sports and athletic goods, recreational goods and equipment, and other similar products, but excluding any manufacturing and fabrication requiring approval of conditional use pursuant to Section 20.44.030;

Machine shops and workshops;

Cold storage;

Vehicle and heavy equipment repair;

Boat building, excluding any boat building requiring approval of a conditional use permit based on use of materials or processes identified under Section 20.44.030(1);

Grain milling;

Business firm headquarters;

Testing laboratory;

Wood drying kilns;

Power generation plants utilizing natural gas as a single fuel that generate less than three hundred fifty megawatts per hour;

Utility and communication transmission facilities;

Electric vehicle battery charging stations.

Light manufacturing involving processes or using quantities of the following materials:

Heavy manufacturing and assembly of any product or material not prohibited hereunder;

The following retail trade establishments:

Crematories;

Monument and stone works;

Go-kart tracks for karts with an engine displacement under two hundred fifty cubic centimeters;

Live-work combined uses where an attached, accessory dwelling unit or apartment is located within a structure occupied by a nonresidential use allowed in the industrial district; provided, that the following criteria are met at all times throughout the residential occupancy of the structure:

Recycling centers and facilities processing recycled materials within an enclosed structure;

Power generation plants utilizing natural gas as a single fuel that generate three hundred fifty megawatts or more per hour, and all dual-fuel power generation plants;

Indoor shooting ranges;

Transportation-related facilities (such as freight operations and terminals), excluding freight operations and terminals involving the storage or transport of refuse;

On-site hazardous waste and treatment facilities accessory to a use permitted in the district; provided, that such facilities comply with the state hazardous waste siting standards and the requirements of the State Environmental Policy Act and local environmental standards and regulations;

Mini-warehouse uses subject to the requirements to Chapter 20.46;

Other uses similar to the above and all uses not otherwise identified as permitted or prohibited uses that would be appropriate to the industrial district.

The extent to which the proposed use is consistent with the purpose established under Section 20.44.010;

The benefits to the public that will result from permanent improvements associated with the proposed use that increase the city’s tax base;

The number, duration and quality of jobs that will result from establishment of the proposed use;

The extent to which potential impacts to the public and neighboring properties and resources, including to neighboring zoning districts, will be mitigated to within acceptable levels such that the use will not result in adverse impacts to private property, property values, quality of life, and community and environmental health; and

The extent to which the use will generate benefits or contribute revenue that will offset impacts to or use of public facilities.

Manufacture, compounding, processing, refining and treatment of significant quantities of the following materials, products or operations is prohibited. For the purpose of this section, “significant quantities” consist of a barrel or more at a single time:

Freight operations or terminals involving the storage or transport of garbage or refuse;

Outdoor log chipping, rock crushing, and auto crushing or demolition;

Gravel pits.

Front Yard. The depth of the front yard for properties containing a structure which is at least two stories shall be not less than forty-five feet as measured from the foundation line of any principal or accessory structure. The depth of the front yard for properties containing a structure which is one story shall be not less than twenty feet as measured from the foundation line of any principal or accessory structure.

Rear Yard. The depth of the rear yard shall be not less than (of) five feet as measured from the foundation line of any structure; provided, that accessory buildings may be located in the rear yard if located no closer than two feet from the rear property line.

Side Yard. The depth of each side yard shall be not less than ten feet as measured from the foundation line of any structure.

Exemptions From Yard Requirements. The depth of yard requirement shall not apply to utility or security structures such as poles, meters, fences, guard structures and the like.

All development on the shoreline of streams within the jurisdiction of the city shoreline program shall comply with the shoreline setback requirement of that program.

Where there is a conflict between this chapter and the shoreline program the more restrictive provision shall apply.

On all other streams within the city, all structures and other development shall be set back from the ordinary high water mark a distance of no less than twenty-five feet; provided, that ground level parking lots and parking areas may be set back from the ordinary high water mark a distance of no less than fifteen feet.

Permanent Signs—Industrial Uses.

Permanent Signs—Other Uses.

Temporary Signs.

Emissions of smoke, dust and other particulate matter, and of toxic and/or noxious gases and fumes shall meet or exceed standards set by the local air pollution authority (Northwest Clean Air Agency) and all Washington State and federal air quality standards.

Vibration caused by each use shall be so minimized that the ground vibration does not occur and is not detectable at any point on or beyond the exterior boundary of the industrial district.

Uses producing heat, glare and/or steam shall be carried on in such a manner that the heat, glare or steam shall not intrude beyond the boundary lines of the district within which the use is located. Building materials with high light-reflective qualities shall not be used in construction of buildings so that reflected sunlight will not result in intense glare affecting vehicles on public roadways and areas surrounding the zone. Artificial lighting shall be hooded or shaded so that direct light or highintensity lamps will not result in glare when viewed from areas surrounding the zone.

Noise and sound levels shall not exceed levels established by noise control regulations of the Department of Labor and Industries. Maximum permissible environmental noise levels within the zone and beyond the zone boundaries shall be as established by the State of Washington Department of Ecology under WAC 173-60-040 and as adopted by the Sumas city council under Chapter 8.26.

All operational areas where authorized activities are proposed to be carried out, including areas used for storage of input materials, finished products or waste materials, shall be elevated through the placement of fill to at a minimum the base flood elevation as established on the flood insurance rate map prepared by the Federal Emergency Management Agency and adopted by the city. This provision shall not apply to areas mapped as being within the special flood risk zone or special flood corridor established pursuant to the city’s flood damage prevention ordinance, codified as Chapter 14.30, where establishment of such operational areas as described above is prohibited. The public works director is authorized to waive the requirement set forth in this provision when it is determined that the activities, operations and materials at the specific location proposed will not pose a risk to public health, safety and welfare if such area is not elevated as required herein. In cases where strict conformance to this standard would constitute a hardship, the public works director is authorized to establish alternative mitigating measures that will ensure that risks to the public health, safety and welfare will be minimized to within acceptable levels.

Access Driveways, Travel Routes and Vehicular Turnarounds. Where determined by the public works director to be necessary and applicable to the proposed use, access driveways, on-site vehicular travel routes and vehicular turnarounds meeting city and fire district requirements shall be installed prior to commencing operations.

Frontage Improvements. Where determined by the public works director to be necessary and applicable to the proposed use, frontage improvements shall be completed prior to commencing operations that include driveway access aprons, roadway widening, turn lanes, sidewalks, curbs and gutters, and stormwater management facilities per the Washington Department of Ecology Stormwater Management Manual for Western Washington.

Screening. Where determined to be necessary by the public works director, screening such as fencing or landscaping shall be installed prior to commencing operations.

All storage shall be inside, i.e., within a covered building with four closed sides.

The land specifically used for the mini-warehouse storage and the access to and from the storage, including turnaround and backing area for loading and unloading, shall be covered with asphalt (or other similar or better ground cover as may be approved by the city) together with proper drainage.

A strip of lawn or landscape gardening at least five feet in width shall be maintained around the property specifically used as the mini-warehouse.

One sign, not in excess of thirty-two square feet, shall be allowed to advertise the mini-warehouse use and all signs in excess of this amount are prohibited.

The entire use area of the mini-warehouse shall be surrounded by an anti-personnel fence (or similar or better type fencing as may be approved by the city) at least eight feet in height.

The property shall have adequate security lighting which lighting plans and specifications must be approved by the appropriate city officials before construction and use.

All exterior and interior walls of the mini-ware-house structure must have at least “one-hour fire wall protection.”

All alleyways and distances between individual buildings must be at least twenty-five feet in width.

Definite business hours must be established and approved by the city for the operation of the mini-ware-house business before business may be conducted thereon, and once such hours are established they must be adhered to at all times.