Sumner City Zoning Code
CHAPTER 18
43 ACCESS MANAGEMENT
§ 18.43.010 Purpose of requirements for access management within the East Main Street area.
The design requirements of this section are intended to implement the East Main Street design strategy and recognize that East Main Street serves three divergent functions: moving traffic through the city, providing both safe vehicular and pedestrian access to individual properties located along the street, and as an extension of the downtown business core. The traffic movement function of East Main Street can compromise the provision of safe vehicular and pedestrian access to individual properties. In addition, the use of multiple driveways along East Main Street detracts from the aesthetic appeal of the area for pedestrians and auto traffic to the detriment of businesses. Therefore, it is the purpose of this chapter to maintain an appropriate balance between these functions, recognizing both the rights of property owners to reasonable access and the public purpose of safe and efficient movement of vehicles and pedestrians in an aesthetically appealing environment.
Whenever any property will take vehicular access from East Main Street and within the East Main Street area, the access to the property shall be in accordance with the requirements of this chapter.
(Ord. 2015 § 7 (part), 2002; Ord. 2167 § 7, 2006)
§ 18.43.020 Definitions.
For the purposes of this chapter, certain words and phrases have the following meanings, unless the context otherwise indicates or a definition exists in chapter 18.04 SMC:
"Combined driveway"
means a driveway that provides access to more than two properties and acts as a major intersection with a public street and is generally perpendicular with the public street.
"Cross-access corridor"
means an area adjacent to and generally parallel with a minor arterial that is designated on the official zoning map and provides shared access to multiple properties.
"Driveway"
means a vehicle access between abutting property and a city right-of-way.
"Joint parking areas"
means parking lots that are dedicated to the city for use by the general public and adjacent businesses and lying along a designated cross-access corridor.
"Shared driveway"
means a driveway that provides access to more than one property but is not a combined driveway.
"East Main Street"
means that portion of the right-of-way of Main Street beginning at a point 182 feet east of the eastern right-of-way line intersection of Valley Lewis Avenue and proceeding east to a point 658.75 feet west of the western right-of-way line of a 160th Avenue.
"East Main Street area"
means the area within the boundaries shown in the East Main Street design strategy and designated as such on the city's official zoning map.
"New construction, major"
means when:
1.
The value of new construction, as determined by the building official, exceeds 10 percent of the assessed improvement value of the structure in any 12-month period prior to the new construction; or the new construction increases the total building area by 2,000 square feet, whichever is less; or
2.
The new construction results in the conversion of a single-family dwelling to any other use; except, an existing single-family dwelling may add an accessory dwelling unit per SMC § 18.16.080(L) without being required to construct the combined driveway; or
3.
Construction of a new parking lot that exceeds the threshold in SMC § 18.46.080(C).
"New construction, minor"
means development that requires any of the following:
1.
A certificate of occupancy for a change of use per the city's adopted building code, chapter 15.08 SMC;
2.
A building permit, except when for the maintenance, repair, or aesthetic improvement of the facade that does not increase the building footprint of the structure; or replacement of mechanical equipment or changes to landscaping;
3.
A land use permit; or
4.
An increase in the number of spaces of an existing parking lot by an increment greater than 100 percent.
(Ord. 2015 § 7 (part), 2002; Ord. 2167 § 8, 2006)
§ 18.43.030 Combined driveways designated.
Combined driveway locations shall be indicated on the official zoning map. This indication shall distinguish those portions of the combined driveways that have been dedicated to the city. Where more than one alternative exists for the future location of a combined driveway, at the time of application for new construction, the development services director, in consultation with the public works director, shall determine, based on the extent and size of the proposed development and the East Main Street design strategy, which alternative or combination of alternatives is best suitable to accommodate future development throughout the city.
(Ord. 2015 § 7 (part), 2002; Ord. 2788 § 44, 2021)
§ 18.43.040 Required use of combined driveways.
All properties that are designated on the official zoning map as obtaining access to East Main Street via a combined driveway shall use this combined driveway and designated cross-access corridor(s) for future access as new construction occurs.
(Ord. 2015 § 7 (part), 2002)
§ 18.43.050 Closing of existing curbcuts and driveways.
A.
Within 180 days from the date a property obtains access via a combined driveway or shared driveway, access rights along the remaining frontage of East Main Street shall be dedicated to the city, and all other pre-existing driveways and curbcuts along East Main Street shall be removed and new curb, gutter, and sidewalk shall be installed.
B.
When major new construction occurs on a corner property all access rights along the frontage of East Main Street shall be dedicated to the city, and all other pre-existing driveways and curbcuts shall be removed and new curb, gutter, and sidewalk shall be installed.
C.
Construction and permit requirements associated with the required improvements in this section shall not be considered a permit for new construction.
(Ord. 2015 § 7 (part), 2002; Ord. 2167 § 9, 2006)
§ 18.43.060 Interim parking and access.
A.
When minor or major new construction occurs on property prior to the completion of a combined driveway, properties that are not located adjacent to a combined driveway may develop using an existing driveway or curbcut until such time that the combined driveway and joint access is constructed, at which time the existing driveway shall be closed per SMC § 18.43.050.
B.
When minor or major new construction occurs on a property designated with a cross-access corridor but not a combined driveway, the property owner shall be required to grant a shared driveway easement to the public for ingress and egress to the cross-access corridor until a combined driveway is constructed and accessible to adjacent properties. When a combined driveway becomes available as the primary means of access, the shared driveway easement shall be closed per SMC § 18.43.050 and vacated within 180 days following notice of the completion of the combined driveway.
C.
When minor or major new construction occurs on properties adjacent to a parcel that contains a cross-access corridor easement and a shared driveway easement granting access to East Main Street, but not a combined driveway, the newly developing parcel shall utilize the adjacent parcel's shared driveway easement for access. The newly developing parcels existing access shall be closed per SMC § 18.43.050.
(Ord. 2015 § 7 (part), 2002)
§ 18.43.070 Dedication and construction of combined driveways.
A.
When minor new construction occurs on properties that contain designated combined driveways per SMC § 18.43.030, the land containing the combined driveways shall be dedicated in fee to the city to be held in perpetuity by the city for public access purposes.
B.
When major new construction occurs on properties that contain designated combined driveways per SMC § 18.43.030, the combined driveways shall be constructed and dedicated in fee to the city to be held in perpetuity by the city for public access purposes; provided, that the combined driveway is fully improved, constructed and all applicable fees are paid.
(Ord. 2015 § 7 (part), 2002)
§ 18.43.080 Funding of combined driveways.
A.
The city may participate in funding, as based on the city budget, for the construction provided said driveway is constructed to the satisfaction of the city engineer and the combined driveway is dedicated to the city upon completion.
B.
All properties that will use the combined driveway for current or future access shall pay a proportionate share of the cost of construction of said combined driveway. This may be paid through a combination of alternatives including, but not limited to, a street assessment reimbursement agreement per chapter 12.14 SMC, SEPA mitigation fees per SMC § 16.04.190(F), private agreements between property owners or a private agreement with the city. The city shall only enter into agreements when the combined driveway is dedicated to the city.
(Ord. 2015 § 7 (part), 2002)
§ 18.43.090 Cross-access corridors designated.
A.
The general location of cross-access corridors shall be indicated on the official zoning map by means of dashed or dotted lines or other suitable symbols. This designation shall be used to show what properties are required to provide a cross-access corridor and not its exact location. This indication shall distinguish those portions of the designated corridor for which easements have been granted from those that have not been granted.
B.
At the time of major or minor new construction, the development services director, in coordination with the public works director, shall be authorized to designate the exact location of cross-access corridors on properties within the East Main Street area.
(Ord. 2015 § 7 (part), 2002; Ord. 2167 § 10, 2006; Ord. 2788 § 45, 2021)
§ 18.43.100 Dedication and construction of cross-access corridors.
A.
Wherever a cross-access corridor is designated, no major or minor new construction shall be approved unless the property owner shall grant an easement, running with the land, allowing public ingress and egress from the other properties in the affected area and, where applicable, to East Main Street. Prior to issuance of a building permit for new construction, such easement shall be recorded in the public records of Pierce County and constitute a covenant running with the land.
B.
When major new construction occurs on properties that contain designated cross-access corridors per SMC § 18.43.090, the cross-access corridors shall be constructed as a part of parking lot construction.
C.
Cross-access corridors shall be designed to provide unified access and circulation within the East Main Street area, in order to assist in local traffic movement. Each designated corridor should be designed to include the following elements:
1.
Serve more than one parcel and should be a minimum length of 200 feet and have a design speed of 10 miles per hour;
2.
Minimum 24 feet wide to accommodate two-way travel aisles designed for automobiles, service and delivery vehicles including tractor-trailers;
3.
Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross-access; and
4.
Where feasible, link to other cross-access corridors in the area.
(Ord. 2015 § 7 (part), 2002; Ord. 2167 § 11, 2006)
§ 18.43.110 Design to accommodate service vehicles.
Cross-access corridors shall allow adequate access for service and loading vehicles, including tractor-trailers, to each business site, and all easements, agreements and stipulations shall so provide.
(Ord. 2015 § 7 (part), 2002)
§ 18.43.120 Where unified access and circulation is not practical.
A.
The development services director shall be authorized to modify the requirements for cross-access corridors in of this chapter where he/she finds:
1.
That abutting properties have been so developed that it is clearly impractical to create a unified access and circulation system within part or all of the affected area;
2.
It is reasonable and necessary for the development of the property;
3.
It will result in a more efficient access to and circulation within the property; and
4.
It will not create a hazardous condition for motorists or pedestrians.
B.
The decision of the development services director may be appealed by the applicant to the hearing examiner, pursuant to SMC § 18.56.070.
(Ord. 2015 § 7 (part), 2002; Ord. 2788 § 46, 2021)
§ 18.43.130 Existing properties and access.
Driveways and curbcuts that do not meet the standards of this section and were existing and legally permitted at the time of adoption by the city council of the ordinance codified in this chapter shall be allowed to remain in place until the thresholds for minor or major new construction are exceeded.
(Ord. 2015 § 7 (part), 2002)
§ 18.43.140 Modified approvals.
The requirements of this chapter may be modified by the development services director in consultation with the public works director and following a recommendation from the design commission if the modification:
A.
Is reasonable and necessary for the development of the property; and
B.
Will result in a more efficient access to and circulation within the property; and
C.
Will not create a hazardous condition for motorists or pedestrians.
D.
The decision of the development services director may be appealed by the applicant to the hearing examiner, pursuant to SMC § 18.56.170.
(Ord. 2015 § 7 (part), 2002; Ord. 2788 § 47, 2021)
